House
File
88
-
Introduced
HOUSE
FILE
88
BY
FISHER
A
BILL
FOR
An
Act
relating
to
a
right
of
subrogation
by
an
insurer
in
a
1
criminal
case.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1575YH
(2)
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jm/nh
H.F.
88
Section
1.
Section
602.8107,
subsection
2,
paragraph
c,
1
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
2
(1)
Pecuniary
damages
as
defined
in
section
910.1,
3
subsection
3
,
payable
to
a
victim
other
than
an
insurer
.
4
Sec.
2.
Section
602.8107,
subsection
2,
paragraph
c,
Code
5
2013,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(5)
Pecuniary
damages
as
defined
in
7
section
910.1,
subsection
3,
payable
to
an
insurer.
8
Sec.
3.
Section
910.1,
subsections
3
and
5,
Code
2013,
are
9
amended
to
read
as
follows:
10
3.
“Pecuniary
damages”
means
all
damages
to
the
extent
not
11
paid
by
an
insurer,
which
a
victim
could
recover
against
the
12
offender
in
a
civil
action
arising
out
of
the
same
facts
or
13
event,
except
punitive
damages
and
damages
for
pain,
suffering,
14
mental
anguish,
and
loss
of
consortium.
Without
limitation,
15
“pecuniary
damages”
includes
damages
for
wrongful
death
and
16
expenses
incurred
for
psychiatric
or
psychological
services
17
or
counseling
or
other
counseling
for
the
victim
which
became
18
necessary
as
a
direct
result
of
the
criminal
activity.
19
5.
“Victim”
means
a
person
who
has
suffered
pecuniary
20
damages
as
a
result
of
the
offender’s
criminal
activities.
21
However,
for
purposes
of
this
chapter
,
an
An
insurer
is
not
22
shall
be
considered
a
victim
and
does
not
have
has
a
right
of
23
subrogation.
The
crime
victim
compensation
program
is
not
an
24
insurer
for
purposes
of
this
chapter
,
and
In
addition,
the
25
right
of
subrogation
provided
to
the
crime
victim
compensation
26
program
by
section
915.92
does
not
prohibit
restitution
to
the
27
crime
victim
compensation
program.
28
Sec.
4.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
29
3,
shall
not
apply
to
this
Act.
30
EXPLANATION
31
This
bill
relates
to
a
right
of
subrogation
by
an
insurer
in
32
a
criminal
case.
33
The
bill
provides
that
an
insurer
has
the
right
of
34
subrogation
against
the
perpetrator
of
a
crime
if
the
insurer
35
-1-
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1575YH
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85
jm/nh
1/
2
H.F.
88
reimburses
the
victim
as
a
result
of
the
perpetrator’s
crime.
1
Under
the
bill,
an
insurer
may
also
be
considered
a
victim
of
2
the
perpetrator’s
crime
and
shall
be
included
in
the
statement
3
of
pecuniary
damages
to
victims
prepared
by
the
county
attorney
4
pursuant
to
Code
section
910.3.
5
Current
law
grants
the
crime
victim
compensation
fund
a
6
right
of
subrogation
against
the
perpetrator
of
a
crime
but
7
prohibits
an
insurer
from
having
a
right
of
subrogation.
8
If
the
perpetrator
of
a
crime
makes
a
restitution
payment
9
through
the
clerk
of
the
district
court
under
the
bill,
Code
10
section
602.8107
specifies
that
the
insurer
be
reimbursed
after
11
all
other
restitution
and
costs
have
been
paid.
12
The
bill
may
include
a
state
mandate
as
defined
in
Code
13
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
14
subsection
3,
which
would
relieve
a
political
subdivision
from
15
complying
with
a
state
mandate
if
funding
for
the
cost
of
16
the
state
mandate
is
not
provided
or
specified.
Therefore,
17
political
subdivisions
are
required
to
comply
with
any
state
18
mandate
included
in
the
bill.
19
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