S.F. _____ H.F. _____ Section 1. Section 715A.9A, subsection 1, paragraph a, Code 1 2011, is amended to read as follows: 2 a. Is a victim of identity theft in this state as described 3 in section 715A.8 or is a resident of this state who is a victim 4 of identity theft . 5 Sec. 2. Section 910.7, subsections 2 and 3, Code 2011, are 6 amended to read as follows: 7 2. After a petition has been filed, the court, at any time 8 prior to the expiration of the offender’s sentence, provided 9 the required notice has been given pursuant to subsection 10 3 , may hold a hearing and modify the plan of restitution or 11 the restitution plan of payment, or both, and may extend 12 the period of time for the completion of restitution. If a 13 hearing involving the crime victim compensation program is 14 conducted, an employee of the crime victim compensation program 15 or the attorney for the crime victim compensation program may 16 participate by telephone. 17 3. If a petition related to a plan of restitution has 18 been filed, the offender, the county attorney, the department 19 of corrections if the offender is currently confined in a 20 correctional institution, the office or individual who prepared 21 the offender’s restitution plan, other witnesses, and the 22 victim shall receive notice prior to any hearing under this 23 section . 24 Sec. 3. Section 915.80, subsection 2, Code 2011, is amended 25 to read as follows: 26 2. a. “Crime” means any of the following: 27 (1) conduct Conduct that occurs or is attempted in this 28 state, poses a substantial threat of personal injury or death, 29 and is punishable as a felony or misdemeanor, or would be so 30 punishable but for the fact that the person engaging in the 31 conduct lacked the capacity to commit the crime under the laws 32 of this state. 33 (2) A violation of section 715A.8. 34 (3) The financial exploitation of a person who is sixty-five 35 -1- LSB 5291DP (8) 84 rh/nh 1/ 7

S.F. _____ H.F. _____ years of age or older or is a dependent adult as defined 1 in section 235B.2. For the purposes of this subparagraph, 2 “financial exploitation” means the criminal act or process of 3 taking unfair advantage of a person for one’s own personal or 4 pecuniary profit, without the informed consent of the person, 5 including theft, by the use of undue influence, harassment, 6 duress, deception, false representation, false pretenses, 7 forgery, fraudulent practices, or securities fraud. 8 b. “Crime” does not include conduct arising out of the 9 ownership, maintenance, or use of a motor vehicle, motorcycle, 10 motorized bicycle, train, boat, or aircraft except for 11 violations of section 321.261 , 321.277 , 321J.2 , 462A.7 , 12 462A.12 , 462A.14 , or 707.6A , or when the intention is to cause 13 personal injury or death. 14 c. A license revocation under section 321J.9 or 321J.12 15 shall be considered by the department as evidence of a 16 violation of section 321J.2 for the purposes of this 17 subchapter . A license suspension or revocation under section 18 462A.14 , 462A.14B , or 462A.23 shall be considered by the 19 department as evidence of a violation of section 462A.14 for 20 the purposes of this subchapter . 21 Sec. 4. Section 915.80, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4A. “Homicide victim survivor” means any 24 of the following: 25 a. A homicide victim’s spouse, parent, child, grandparent, 26 aunt, uncle, niece, nephew, sibling, grandchild, first cousin, 27 great-grandparent, great-aunt, great-uncle, great-niece, 28 great-nephew, great-grandchild, fiance, legal custodian, 29 legal ward, legal guardian, step-parent, step-child, 30 step-sibling, step-grandparent, step-aunt, step-uncle, 31 step-grandchild, step-niece, step-nephew, step-first-cousin, 32 step-great-grandchild, step-great-grandparent, foster child, 33 foster parent, foster sibling, brother-in-law, sister-in-law, 34 mother-in-law, father-in-law, daughter-in-law, son-in-law, 35 -2- LSB 5291DP (8) 84 rh/nh 2/ 7

S.F. _____ H.F. _____ step-brother-in-law, step-sister-in-law, step-mother-in-law, 1 step-father-in-law, step-daughter-in-law, or step-son-in-law. 2 b. The spouses of persons identified in paragraph “a” . 3 c. A former intimate partner of a homicide victim who has 4 legal guardianship of the victim’s children. 5 d. A person cohabiting with a homicide victim at the time 6 of the crime. 7 Sec. 5. Section 915.86, subsections 3, 4, 9, 10, 13, 14, and 8 15, Code Supplement 2011, are amended to read as follows: 9 3. Loss of reasonable income from work that the victim’s 10 parent or caretaker a secondary victim would have performed and 11 for which the victim’s parent or caretaker a secondary victim 12 would have received remuneration for up to three days after 13 the crime or the discovery of the crime to allow the victim’s 14 parent or caretaker a secondary victim to assist the victim 15 and when the victim’s parent or caretaker a secondary victim 16 accompanies the victim to medical and counseling services, 17 not to exceed one thousand dollars per parent or caretaker 18 secondary victim . 19 4. Loss of reasonable income from work that the victim, the 20 victim’s parent or caretaker, or the survivor of a homicide 21 victim as described in subsection 10 a secondary victim, or a 22 homicide victim survivor would have performed and for which 23 that person would have received remuneration, where the loss of 24 income is a direct result of cooperation with the investigation 25 and prosecution of the crime or attendance at medical or 26 counseling services, funerals, or criminal justice proceedings 27 including the trial and sentencing in the case, not to exceed 28 one thousand dollars per person . 29 9. In the event of a homicide, reasonable charges incurred 30 for health care for the victim’s spouse; child, foster child, 31 stepchild, son-in-law, or daughter-in-law; parent, foster 32 parent, or stepparent; sibling, foster sibling, stepsibling, 33 brother-in-law, or sister-in-law; grandparent; grandchild; 34 aunt, uncle, or first cousin; legal ward; or person cohabiting 35 -3- LSB 5291DP (8) 84 rh/nh 3/ 7

S.F. _____ H.F. _____ with the victim, a homicide victim survivor, not to exceed 1 three thousand dollars per homicide victim survivor. 2 10. In the event of a homicide, loss of reasonable income 3 from work that, but for the death of the victim, would have 4 been earned by the victim’s spouse; child, foster child, 5 stepchild, son-in-law, or daughter-in-law; parent, foster 6 parent, or stepparent; sibling, foster sibling, stepsibling, 7 brother-in-law, or sister-in-law; grandparent; grandchild; 8 aunt, uncle, or first cousin; legal ward; or person cohabiting 9 with the victim a homicide victim survivor , not to exceed six 10 thousand dollars per homicide victim survivor . 11 13. Reasonable dependent care expenses incurred by the 12 victim, the victim’s parent or caretaker, or the survivor of 13 a homicide victim as described in subsection 10 a secondary 14 victim, or a homicide victim survivor for the care of 15 dependents while attending medical or counseling services, 16 funerals, or criminal justice proceedings or medical or 17 counseling services including the trial and sentencing in the 18 case , not to exceed one thousand dollars per person. 19 14. Reasonable expenses incurred by a victim, the victim’s 20 parent or caretaker, or the survivor of a homicide victim as 21 described in subsection 10 a secondary victim, or a homicide 22 victim survivor to replace or install locks, windows, and other 23 residential security items at the victim’s or homicide victim 24 survivor’s residence or at the residential scene of a crime, 25 not to exceed five hundred dollars per residence. 26 15. Reasonable expenses incurred by the victim, a secondary 27 victim, the parent or guardian of a victim, or the survivor of 28 a homicide victim as described in subsection 10 or a homicide 29 victim survivor for transportation to medical , or counseling 30 services , funeral funerals , or criminal justice proceedings 31 including the trial and sentencing in the case , not to exceed 32 one thousand dollars per person. 33 Sec. 6. Section 915.87, Code 2011, is amended by adding the 34 following new subsection: 35 -4- LSB 5291DP (8) 84 rh/nh 4/ 7

S.F. _____ H.F. _____ NEW SUBSECTION . 3. Compensation shall not be made to a 1 secondary victim or a homicide victim survivor if the victim 2 is ineligible for compensation. 3 Sec. 7. Section 915.94, Code 2011, is amended to read as 4 follows: 5 915.94 Victim compensation fund. 6 1. A victim compensation fund is established as a separate 7 fund in the state treasury. Moneys deposited in the fund shall 8 be administered by the department and dedicated to and used 9 for the purposes of section 915.41 and this subchapter . In 10 addition, the department may use moneys from the fund for the 11 purpose of the following: 12 a. The department’s prosecutor-based victim service 13 coordination, including the duties defined in sections 910.3 14 and 910.6 and this chapter , . 15 b. and for the To award of funds to programs that provide 16 services and support to victims of domestic abuse or sexual 17 assault as provided in chapter 236 , to victims under section 18 710A.2 , and for the support of an automated victim notification 19 system established in section 915.10A . 20 c. To implement the identity theft passport program 21 established by rule pursuant to section 715A.9A. 22 2. The department may also use up to one hundred thousand 23 dollars from the fund to provide training for victim service 24 providers. 25 3. Notwithstanding section 8.33 , any balance in the fund on 26 June 30 of any fiscal year shall not revert to the general fund 27 of the state. 28 EXPLANATION 29 This bill relates to crime victims, including restitution 30 plan hearings, crime victim compensation, and the identity 31 theft passport program. 32 The bill allows for the issuance of an identity theft 33 passport to a person who is a resident of Iowa who is the 34 subject of identity theft outside of Iowa, in addition to 35 -5- LSB 5291DP (8) 84 rh/nh 5/ 7

S.F. _____ H.F. _____ victims of identity theft in Iowa. 1 The bill provides that if a hearing involving the crime 2 victim compensation program is conducted, an employee of the 3 crime victim compensation program of the department of justice 4 or the program’s attorney may participate in the hearing by 5 telephone. The bill includes witnesses in the list of persons 6 and entities who shall receive notice that a petition relating 7 to a plan of restitution has been filed. 8 The bill expands the definition of a “crime” for purposes of 9 the crime victim compensation program to include a violation 10 of Code section 715A.8 (identity theft) and the financial 11 exploitation of a person who is 65 or older or who is a 12 dependent adult as defined in Code section 235B.2. “Financial 13 exploitation” means the criminal act or process of taking 14 unfair advantage of a person for one’s own personal or 15 pecuniary profit, without the informed consent of the person, 16 including theft, by the use of undue influence, harassment, 17 duress, deception, false representation, false pretenses, 18 forgery, fraudulent practices, or securities fraud. 19 The bill distinguishes two categories of persons who are 20 eligible for compensation for economic losses incurred as a 21 direct result of an injury to or death of a victim: a “homicide 22 victim survivor” (defined in the bill) and a “secondary victim” 23 (defined in Code section 915.80). 24 The bill specifies that a loss of income due to missed work 25 days for various categories of persons who may be awarded crime 26 victim compensation shall be computed based upon the loss of 27 reasonable income. The bill includes an award of compensation 28 for such income for missed work days that the victim, secondary 29 victim, or a homicide victim survivor would have performed 30 where the loss of income is due to attendance at medical or 31 counseling services or funerals, in addition to current law 32 which allows compensation in such cases for attendance at 33 criminal justice proceedings. The bill also includes an award 34 of compensation for reasonable dependent care expenses incurred 35 -6- LSB 5291DP (8) 84 rh/nh 6/ 7

S.F. _____ H.F. _____ by a victim, secondary victim, or a homicide survivor due to 1 attendance at funerals. 2 The bill provides that compensation shall not be made to a 3 secondary victim or a homicide victim survivor if the victim 4 is ineligible for compensation. 5 The bill allows moneys from the victim compensation fund 6 to be used to implement the identity theft passport program 7 established by rule pursuant to Code section 715A.9A. 8 -7- LSB 5291DP (8) 84 rh/nh 7/ 7