SENATE/HOUSE FILE _____

BY  (PROPOSED ATTORNEY GENERAL BILL)

A BILL FOR

An Act relating to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 715A.9A, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  Is a victim of identity theft in this state as described in section 715A.8
 
or is a resident of this state who is a victim of identity theft.
    Sec. 2.  Section 910.7, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.  After a petition has been filed, the court, at any time prior to the expiration of the offender’s sentence, provided the required notice has been given pursuant to subsection 3, may
 
hold a hearing and modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution.

If a hearing involving the crime victim compensation program is conducted, an employee of the crime victim compensation program or the attorney for the crime victim compensation program may participate by telephone.
   3.  If a petition related to a plan of restitution has been filed, the offender, the county attorney, the department of corrections if the offender is currently confined in a correctional institution, the office or individual who prepared the offender’s restitution plan,
 
other witnesses, and the victim shall receive notice prior to any hearing under this section.
    Sec. 3.  Section 915.80, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  “Crime” means
 
any of the following:
   (1)  conduct
 
Conduct that occurs or is attempted in this state, poses a substantial threat of personal injury or death, and is punishable as a felony or misdemeanor, or would be so punishable but for the fact that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state.
   (2)  A violation of section 715A.8.
   (3)  The financial exploitation of a person who is sixty-five years of age or older or is a dependent adult as defined in section 235B.2. For the purposes of this subparagraph, “financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud.
   b.  “Crime” does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, motorcycle, motorized bicycle, train, boat, or aircraft except for violations of section 321.261, 321.277, 321J.2, 462A.7, 462A.12, 462A.14, or 707.6A, or when the intention is to cause personal injury or death.
   c.  A license revocation under section 321J.9 or 321J.12 shall be considered by the department as evidence of a violation of section 321J.2 for the purposes of this subchapter. A license suspension or revocation under section 462A.14, 462A.14B, or 462A.23 shall be considered by the department as evidence of a violation of section 462A.14 for the purposes of this subchapter.
    Sec. 4.  Section 915.80, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Homicide victim survivor” means any of the following:
   a.  A homicide victim’s spouse, parent, child, grandparent, aunt, uncle, niece, nephew, sibling, grandchild, first cousin, great-grandparent, great-aunt, great-uncle, great-niece, great-nephew, great-grandchild, fiance, legal custodian, legal ward, legal guardian, step-parent, step-child, step-sibling, step-grandparent, step-aunt, step-uncle, step-grandchild, step-niece, step-nephew, step-first-cousin, step-great-grandchild, step-great-grandparent, foster child, foster parent, foster sibling, brother-in-law, sister-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law, step-brother-in-law, step-sister-in-law, step-mother-in-law, step-father-in-law, step-daughter-in-law, or step-son-in-law.
   b.  The spouses of persons identified in paragraph “a”.
   c.  A former intimate partner of a homicide victim who has legal guardianship of the victim’s children.
   d.  A person cohabiting with a homicide victim at the time of the crime.
    Sec. 5.  Section 915.86, subsections 3, 4, 9, 10, 13, 14, and 15, Code Supplement 2011, are amended to read as follows:
   3.  Loss of
 
reasonable income from work that the victim’s parent or caretaker
 
a secondary victim would have performed and for which the victim’s parent or caretaker
 
a secondary victim would have received remuneration for up to three days after the crime or the discovery of the crime to allow the victim’s parent or caretaker
 
a secondary victim to assist the victim and when the victim’s parent or caretaker
 
a secondary victim accompanies the victim to medical and counseling services, not to exceed one thousand dollars per parent or caretaker
 
secondary victim.
   4.  Loss of
 
reasonable income from work that the victim, the victim’s parent or caretaker, or the survivor of a homicide victim as described in subsection 10
 
a secondary victim, or a homicide victim survivor would have performed and for which that person would have received remuneration, where the loss of income is a direct result of cooperation with the investigation and prosecution of the crime or attendance at
 
medical or counseling services, funerals, or criminal justice proceedings including the trial and sentencing in the case, not to exceed one thousand dollars
 
per person.
   9.  In the event of a homicide, reasonable charges incurred for health care for the victim’s spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim,
 
a homicide victim survivor, not to exceed three thousand dollars per
 
homicide victim survivor.
   10.  In the event of a homicide, loss of
 
reasonable income from work that, but for the death of the victim, would have been earned by the victim’s spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim
 
a homicide victim survivor, not to exceed six thousand dollars
 
per homicide victim survivor.
   13.  Reasonable dependent care expenses incurred by the victim, the victim’s parent or caretaker, or the survivor of a homicide victim as described in subsection 10
 
a secondary victim, or a homicide victim survivor for the care of dependents while attending
 
medical or counseling services, funerals, or criminal justice proceedings or medical or counseling services
 
including the trial and sentencing in the case, not to exceed one thousand dollars per person.
   14.  Reasonable expenses incurred by a victim, the victim’s parent or caretaker, or the survivor of a homicide victim as described in subsection 10
 
a secondary victim, or a homicide victim survivor to replace
 
or install locks, windows, and other residential security items at the victim’s
 
or homicide victim survivor’s residence or at the residential scene of a crime, not to exceed five hundred dollars per residence.
   15.  Reasonable expenses incurred by the victim, a secondary victim, the parent or guardian of a victim, or the survivor of a homicide victim as described in subsection 10
 
or a homicide victim survivor for transportation to medical,
 
or counseling
 
services, funeral
 
funerals, or criminal justice proceedings
 
including the trial and sentencing in the case, not to exceed one thousand dollars per person.
    Sec. 6.  Section 915.87, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation.
    Sec. 7.  Section 915.94, Code 2011, is amended to read as follows:
   915.94  Victim compensation fund.
   1.  A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the
 
following:
   a.  The
 
department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter,.
   b.  and for the
 
To award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A.
   c.  To implement the identity theft passport program established by rule pursuant to section 715A.9A.
   2.  The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers.
   3.  Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
EXPLANATION
   This bill relates to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program.
   The bill allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa.
   The bill provides that if a hearing involving the crime victim compensation program is conducted, an employee of the crime victim compensation program of the department of justice or the program’s attorney may participate in the hearing by telephone. The bill includes witnesses in the list of persons and entities who shall receive notice that a petition relating to a plan of restitution has been filed.
   The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code section 715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code section 235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud.
   The bill distinguishes two categories of persons who are eligible for compensation for economic losses incurred as a direct result of an injury to or death of a victim: a “homicide victim survivor” (defined in the bill) and a “secondary victim” (defined in Code section 915.80).
   The bill specifies that a loss of income due to missed work days for various categories of persons who may be awarded crime victim compensation shall be computed based upon the loss of reasonable income. The bill includes an award of compensation for such income for missed work days that the victim, secondary victim, or a homicide victim survivor would have performed where the loss of income is due to attendance at medical or counseling services or funerals, in addition to current law which allows compensation in such cases for attendance at criminal justice proceedings. The bill also includes an award of compensation for reasonable dependent care expenses incurred by a victim, secondary victim, or a homicide survivor due to attendance at funerals.
   The bill provides that compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation.
   The bill allows moneys from the victim compensation fund to be used to implement the identity theft passport program established by rule pursuant to Code section 715A.9A.