H.F. 409 Section 1. Section 715A.9A, subsection 1, paragraph a, Code 1 2013, 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 2013, 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 2013, 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 2195HH (9) 85 rh/nh 1/ 8

H.F. 409 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 2013, 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 person who is one of the following relatives of a 26 homicide victim by means of blood relationship, marriage, or 27 adoption: 28 (1) Spouse. 29 (2) Parent. 30 (3) Child. 31 (4) Sibling. 32 (5) Grandparent. 33 (6) Aunt. 34 (7) Uncle. 35 -2- LSB 2195HH (9) 85 rh/nh 2/ 8

H.F. 409 (8) Niece. 1 (9) Nephew. 2 (10) Grandchild. 3 (11) First cousin. 4 (12) Great-grandparent. 5 (13) Great-aunt. 6 (14) Great-uncle. 7 (15) Great-niece. 8 (16) Great-nephew. 9 (17) Great-grandchild. 10 b. The spouse of a person identified in paragraph “a” . 11 c. A homicide victim’s fiance, legal custodian, legal ward, 12 legal guardian, foster child, foster parent, or foster sibling. 13 d. A former intimate partner of a homicide victim who has 14 legal guardianship of the homicide victim’s children. 15 e. A person cohabiting with a homicide victim at the time 16 of the crime. 17 Sec. 5. Section 915.85, subsection 3, Code 2013, is amended 18 to read as follows: 19 3. To or for the benefit of one or more dependents of the 20 victim, in the case of death of the victim. If two or more 21 dependents are entitled to compensation, the compensation may 22 be apportioned by the department as the department determines 23 to be fair and equitable among the dependents. 24 Sec. 6. Section 915.86, subsections 3, 4, 8, 9, 10, 13, 14, 25 and 15, Code 2013, are amended to read as follows: 26 3. Loss of reasonable income from work that the victim’s 27 parent or caretaker a secondary victim would have performed and 28 for which the victim’s parent or caretaker a secondary victim 29 would have received remuneration for up to three days after 30 the crime or the discovery of the crime to allow the victim’s 31 parent or caretaker a secondary victim to assist the victim 32 and when the victim’s parent or caretaker a secondary victim 33 accompanies the victim to medical and counseling services, 34 not to exceed one thousand dollars per parent or caretaker 35 -3- LSB 2195HH (9) 85 rh/nh 3/ 8

H.F. 409 secondary victim . 1 4. Loss of reasonable income from work that the victim, the 2 victim’s parent or caretaker, or the survivor of a homicide 3 victim as described in subsection 10 a secondary victim, or a 4 homicide victim survivor would have performed and for which 5 that person would have received remuneration, where the loss of 6 income is a direct result of cooperation with the investigation 7 and prosecution of the crime or attendance at medical or 8 counseling services, funerals, or criminal justice proceedings 9 including the trial and sentencing in the case, not to exceed 10 one thousand dollars per person . 11 8. In the event of a victim’s death, reasonable charges 12 incurred for counseling the victim’s spouse, children, parents, 13 siblings, or persons cohabiting with or related by blood or 14 affinity to the victim a homicide victim survivor if the 15 counseling services are provided by a psychologist licensed 16 under chapter 154B , a victim counselor as defined in section 17 915.20A, subsection 1 , or an individual holding at least a 18 master’s degree in social work or counseling and guidance , and 19 reasonable charges incurred by such persons for medical care 20 counseling provided by a psychiatrist licensed under chapter 21 148 . The allowable charges under this subsection shall not 22 exceed five thousand dollars per person. 23 9. In the event of a homicide, reasonable charges incurred 24 for health care for the victim’s spouse; child, foster child, 25 stepchild, son-in-law, or daughter-in-law; parent, foster 26 parent, or stepparent; sibling, foster sibling, stepsibling, 27 brother-in-law, or sister-in-law; grandparent; grandchild; 28 aunt, uncle, or first cousin; legal ward; or person cohabiting 29 with the victim, a homicide victim survivor, not to exceed 30 three thousand dollars per homicide victim survivor. 31 10. In the event of a homicide, loss of reasonable income 32 from work that, but for the death of the victim, would have 33 been earned by the victim’s spouse; child, foster child, 34 stepchild, son-in-law, or daughter-in-law; parent, foster 35 -4- LSB 2195HH (9) 85 rh/nh 4/ 8

H.F. 409 parent, or stepparent; sibling, foster sibling, stepsibling, 1 brother-in-law, or sister-in-law; grandparent; grandchild; 2 aunt, uncle, or first cousin; legal ward; or person cohabiting 3 with the victim a homicide victim survivor , not to exceed six 4 thousand dollars per homicide victim survivor . 5 13. Reasonable dependent care expenses incurred by the 6 victim, the victim’s parent or caretaker, or the survivor of 7 a homicide victim as described in subsection 10 a secondary 8 victim, or a homicide victim survivor for the care of 9 dependents while attending medical or counseling services, 10 funerals, or criminal justice proceedings or medical or 11 counseling services including the trial and sentencing in the 12 case , not to exceed one thousand dollars per person. 13 14. Reasonable expenses incurred by a victim, the victim’s 14 parent or caretaker, or the survivor of a homicide victim as 15 described in subsection 10 a secondary victim, or a homicide 16 victim survivor to replace or install locks, windows, and other 17 residential security items at the victim’s or homicide victim 18 survivor’s residence or at the residential scene of a crime, 19 not to exceed five hundred dollars per residence. 20 15. Reasonable expenses incurred by the victim, a secondary 21 victim, the parent or guardian of a victim, or the survivor of 22 a homicide victim as described in subsection 10 or a homicide 23 victim survivor for transportation to medical , or counseling 24 services , funeral funerals , or criminal justice proceedings 25 including the trial and sentencing in the case , not to exceed 26 one thousand dollars per person. 27 Sec. 7. Section 915.87, Code 2013, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3. Compensation shall not be made to a 30 secondary victim or a homicide victim survivor if the victim 31 is ineligible for compensation. 32 Sec. 8. Section 915.94, Code 2013, is amended to read as 33 follows: 34 915.94 Victim compensation fund. 35 -5- LSB 2195HH (9) 85 rh/nh 5/ 8

H.F. 409 1. A victim compensation fund is established as a separate 1 fund in the state treasury. Moneys deposited in the fund shall 2 be administered by the department and dedicated to and used 3 for the purposes of section 915.41 and this subchapter . In 4 addition, the department may use moneys from the fund for the 5 purpose of the following: 6 a. The department’s prosecutor-based victim service 7 coordination, including the duties defined in sections 910.3 8 and 910.6 and this chapter , . 9 b. and for the To award of funds to programs that provide 10 services and support to victims of domestic abuse or sexual 11 assault as provided in chapter 236 , and to victims under 12 section 710A.2 , . 13 c. and for the For support of an automated victim 14 notification system established in section 915.10A . 15 d. To implement the identity theft passport program 16 established by rule pursuant to section 715A.9A. 17 2. The department may also use up to one hundred thousand 18 dollars from the fund to provide training for victim service 19 providers. 20 3. Notwithstanding section 8.33 , any balance in the fund on 21 June 30 of any fiscal year shall not revert to the general fund 22 of the state. 23 EXPLANATION 24 This bill relates to crime victims, including restitution 25 plan hearings, crime victim compensation, and the identity 26 theft passport program. 27 The bill allows for the issuance of an identity theft 28 passport to a person who is a resident of Iowa who is the 29 subject of identity theft outside of Iowa, in addition to 30 victims of identity theft in Iowa. 31 The bill provides that if a hearing involving the crime 32 victim compensation program is conducted, an employee of the 33 crime victim compensation program of the department of justice 34 or the program’s attorney may participate in the hearing by 35 -6- LSB 2195HH (9) 85 rh/nh 6/ 8

H.F. 409 telephone. The bill includes witnesses in the list of persons 1 and entities who shall receive notice that a petition relating 2 to a plan of restitution has been filed. 3 The bill expands the definition of a “crime” for purposes of 4 the crime victim compensation program to include a violation 5 of Code section 715A.8 (identity theft) and the financial 6 exploitation of a person who is 65 or older or who is a 7 dependent adult as defined in Code section 235B.2. “Financial 8 exploitation” means the criminal act or process of taking 9 unfair advantage of a person for one’s own personal or 10 pecuniary profit, without the informed consent of the person, 11 including theft, by the use of undue influence, harassment, 12 duress, deception, false representation, false pretenses, 13 forgery, fraudulent practices, or securities fraud. 14 The bill distinguishes two categories of persons who are 15 eligible for compensation for economic losses incurred as a 16 direct result of an injury to or death of a victim: a “homicide 17 victim survivor” (defined in the bill) and a “secondary victim” 18 (defined in Code section 915.80). 19 The bill eliminates the discretion in current law allowing 20 the department of justice to apportion compensation to two or 21 more dependents entitled to victim compensation in the event of 22 the death of a victim. 23 The bill specifies that a loss of income due to missed work 24 days for various categories of persons who may be awarded crime 25 victim compensation shall be computed based upon the loss of 26 reasonable income. The bill specifies that victim compensation 27 may be awarded to a homicide victim survivor for counseling 28 services. The bill includes an award of compensation for such 29 income for missed work days that the victim, secondary victim, 30 or a homicide victim survivor would have performed where the 31 loss of income is due to attendance at medical or counseling 32 services or funerals, in addition to current law which allows 33 compensation in such cases for attendance at criminal justice 34 proceedings. The bill also includes an award of compensation 35 -7- LSB 2195HH (9) 85 rh/nh 7/ 8

H.F. 409 for reasonable dependent care expenses incurred by a victim, 1 secondary victim, or a homicide survivor due to attendance at 2 funerals. 3 The bill provides that compensation shall not be made to a 4 secondary victim or a homicide victim survivor if the victim 5 is ineligible for compensation. 6 The bill allows moneys from the victim compensation fund 7 to be used to implement the identity theft passport program 8 established by rule pursuant to Code section 715A.9A. 9 -8- LSB 2195HH (9) 85 rh/nh 8/ 8