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 TLSB 1575YH (2) 85 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- LSB 1575YH (2) 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 -2- LSB 1575YH (2) 85 jm/nh 2/ 2