Senate
Study
Bill
1120
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
relating
to
the
computation
of
the
economic
losses
of
1
crime
victims
and
payment
of
compensation
by
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
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Section
1.
Section
915.80,
Code
2015,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4A.
“Emergency
relocation”
means
a
3
relocation
that
takes
place
within
thirty
days
of
the
date
of
a
4
crime
or
the
discovery
of
a
crime,
or
within
thirty
days
after
5
a
crime
could
reasonably
be
reported.
“Emergency
relocation”
6
also
includes
a
relocation
that
takes
place
within
the
thirty
7
days
before
or
after
an
offender
related
to
the
crime
is
8
released
from
incarceration.
9
NEW
SUBSECTION
.
4B.
“Housing
assistance”
means
living
10
expenses
associated
with
owning
or
renting
housing,
including
11
essential
utilities,
intended
to
maintain
or
reestablish
the
12
living
arrangement,
health,
and
safety
of
a
victim
impacted
by
13
a
crime.
14
Sec.
2.
Section
915.84,
Code
2015,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
1A.
The
department
may
waive,
for
good
17
cause
shown,
the
requirement
that
an
emergency
relocation
must
18
take
place
within
thirty
days
of
the
date
or
discovery
of
a
19
crime
or
within
thirty
days
before
or
after
the
offender
is
20
released
from
incarceration.
21
Sec.
3.
Section
915.86,
subsections
4,
8,
9,
10,
13,
14,
and
22
15,
Code
2015,
are
amended
to
read
as
follows:
23
4.
Loss
of
income
from
work
that
the
victim,
the
victim’s
24
parent
or
caretaker,
secondary
victim,
or
the
survivor
of
a
25
homicide
victim
as
described
in
subsection
10
9
would
have
26
performed
and
for
which
that
person
would
have
received
27
remuneration,
where
the
loss
of
income
is
a
direct
result
of
28
cooperation
with
the
investigation
and
prosecution
of
the
29
crime
or
attendance
at
criminal
justice
proceedings
including
30
the
trial
and
sentencing
in
the
case,
or
where
the
loss
of
31
income
is
a
direct
result
of
planning
for
or
attending
funeral,
32
burial,
or
memorial
services
of
the
homicide
victim,
not
to
33
exceed
one
thousand
dollars
per
person
.
34
8.
In
the
event
of
a
victim’s
death,
reasonable
charges
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incurred
for
counseling
the
victim’s
spouse,
children,
parents,
1
siblings,
or
persons
cohabiting
with
or
related
by
blood
or
2
affinity
to
the
victim
the
survivors
of
a
homicide
victim
as
3
described
in
subsection
9,
if
the
counseling
services
are
4
provided
by
a
psychologist
licensed
under
chapter
154B
,
a
5
victim
counselor
as
defined
in
section
915.20A,
subsection
6
1
,
or
an
individual
holding
at
least
a
master’s
degree
in
7
social
work
or
counseling
and
guidance,
and
reasonable
charges
8
incurred
by
such
persons
for
medical
care
counseling
provided
9
by
a
psychiatrist
licensed
under
chapter
148
.
The
allowable
10
charges
under
this
subsection
shall
not
exceed
five
thousand
11
dollars
per
person.
12
9.
In
the
event
of
a
homicide,
reasonable
charges
13
incurred
for
health
care
for
the
survivors
of
the
homicide
14
victim
who
are
the
victim’s
spouse;
child,
foster
child,
15
stepchild,
son-in-law,
or
daughter-in-law;
parent,
foster
16
parent,
or
stepparent;
sibling,
foster
sibling,
stepsibling,
17
brother-in-law,
or
sister-in-law;
grandparent;
grandchild;
18
aunt,
uncle,
or
first
cousin;
legal
ward;
or
person
cohabiting
19
with
the
victim
;
or
person
related
by
blood
or
affinity
to
the
20
victim
,
not
to
exceed
three
thousand
dollars
per
survivor.
21
10.
In
the
event
of
a
homicide,
loss
of
income
from
22
work
that,
but
for
the
death
of
the
victim,
would
have
23
been
earned
by
the
victim’s
spouse;
child,
foster
child,
24
stepchild,
son-in-law,
or
daughter-in-law;
parent,
foster
25
parent,
or
stepparent;
sibling,
foster
sibling,
stepsibling,
26
brother-in-law,
or
sister-in-law;
grandparent;
grandchild;
27
aunt,
uncle,
or
first
cousin;
legal
ward;
or
person
cohabiting
28
with
the
survivors
of
a
homicide
victim
as
described
in
29
subsection
9
,
not
to
exceed
six
thousand
dollars
per
person
.
30
13.
Reasonable
dependent
care
expenses
incurred
by
the
31
victim,
the
victim’s
parent
or
caretaker,
secondary
victim,
or
32
the
survivor
of
a
homicide
victim
as
described
in
subsection
33
10
9
for
the
care
of
dependents
while
attending
criminal
34
justice
proceedings
or
medical
or
counseling
services,
or
while
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planning
for
or
attending
funeral,
burial,
or
memorial
services
1
for
the
homicide
victim,
not
to
exceed
one
thousand
dollars
per
2
person.
3
14.
Reasonable
expenses
incurred
by
a
victim,
the
victim’s
4
parent
or
caretaker
secondary
victim
,
or
the
survivor
of
a
5
homicide
victim
as
described
in
subsection
10
9
to
replace
or
6
to
provide
locks,
windows,
and
other
crime-related
residential
7
security
items
at
the
victim’s
residence
or
at
the
residential
8
scene
of
a
crime
,
not
to
exceed
five
hundred
dollars
per
9
residence
person
.
10
15.
Reasonable
expenses
incurred
by
the
victim,
a
secondary
11
victim,
the
parent
or
guardian
of
a
victim,
or
the
survivor
12
of
a
homicide
victim
as
described
in
subsection
10
9
for
13
transportation
to
medical,
counseling,
funeral,
or
criminal
14
justice
proceedings,
not
to
exceed
one
thousand
dollars
per
15
person.
16
Sec.
4.
Section
915.86,
Code
2015,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
16.
Reasonable
charges
incurred
by
a
19
victim,
a
secondary
victim,
the
survivor
of
a
homicide
victim
20
as
described
in
subsection
9,
or
by
a
victim
service
program
on
21
behalf
of
a
victim,
for
emergency
relocation
expenses,
not
to
22
exceed
one
thousand
dollars
per
person
per
state
fiscal
year.
23
NEW
SUBSECTION
.
17.
Reasonable
expenses
incurred
by
a
24
victim,
or
by
a
victim
service
program
on
behalf
of
a
victim,
25
for
up
to
three
months
of
housing
assistance,
not
to
exceed
two
26
thousand
dollars
per
person
per
state
fiscal
year.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
computation
of
the
economic
losses
31
of
crime
victims
and
payment
of
compensation
by
the
state.
32
The
bill
specifies
that
the
department
of
justice
33
administering
the
crime
victim
compensation
program
may
award
34
reasonable
charges
incurred
by
a
victim,
a
secondary
victim,
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or
the
survivor
of
a
homicide
victim,
or
by
a
victim
service
1
program
on
behalf
of
a
victim,
for
emergency
relocation
2
expenses,
not
to
exceed
$1,000,
per
person,
per
state
fiscal
3
year.
To
claim
emergency
relocation
compensation
under
the
4
bill,
the
relocation
shall
have
occurred
within
30
days
of
the
5
date
of
a
crime
or
the
discovery
of
a
crime,
within
30
days
6
after
a
crime
could
reasonably
be
reported,
or
within
30
days
7
before
or
after
the
date
the
offender
related
to
the
crime
is
8
released
from
incarceration.
The
30-day
limitation
to
conduct
9
an
emergency
relocation
required
by
the
bill
may
be
waived
by
10
the
department
of
justice
upon
a
showing
of
good
cause.
The
11
bill
specifies
that
the
30-day
time
period
to
request
emergency
12
relocation
compensation
may
be
waived
by
the
department
of
13
justice
upon
a
showing
of
good
cause.
14
The
bill
specifies
that
the
department
of
justice
may
also
15
award
reasonable
expenses
for
up
to
three
months
of
housing
16
assistance
incurred
by
a
victim
or
by
a
victim
service
program
17
on
behalf
of
a
victim,
not
to
exceed
$2,000
per
person
per
18
state
fiscal
year.
19
The
amendment
to
Code
section
915.86(4)
expands
the
persons
20
eligible
to
receive
victim
compensation
for
loss
of
income
due
21
to
cooperating
with
an
investigation,
and
attending
criminal
22
justice
proceedings,
and
other
circumstances.
The
bill
23
specifies
that
a
secondary
victim
is
now
eligible
to
receive
24
such
compensation.
Code
section
915.80(5)
defines
“secondary
25
victim”
to
include
the
victim’s
spouse,
children,
parents,
and
26
siblings,
and
any
person
who
resides
in
the
victim’s
household
27
at
the
time
of
the
crime
or
at
the
time
of
the
discovery
of
28
the
crime.
The
bill
also
expands
the
circumstances
where
loss
29
of
income
is
reimbursed
to
include
planning
for
or
attending
30
funeral,
burial,
or
memorial
services
of
the
homicide
victim.
31
The
bill
limits
the
amount
of
compensation
to
no
more
than
32
$1,000
per
person.
Current
law
limits
the
victim
compensation
33
for
loss
of
income
to
the
victim,
to
the
parent
or
caretaker
34
of
the
victim,
and
to
certain
survivors,
and
the
circumstances
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that
loss
of
income
is
compensable
to
cooperating
with
an
1
investigation
and
attending
criminal
justice
proceedings.
2
In
the
event
of
the
death
of
the
victim,
the
amendment
3
to
Code
section
915.86(8)
specifies
that
reasonable
charges
4
incurred
for
counseling
the
survivors
of
a
homicide
victim
are
5
payable
as
victim
compensation
to
the
survivors.
The
bill
as
6
amended
in
Code
section
915.86(9)
describes
survivors
of
a
7
homicide
victim
as
the
victim’s
spouse;
child,
foster
child,
8
stepchild,
son-in-law,
or
daughter-in-law;
parent,
foster
9
parent,
or
stepparent;
sibling,
foster
sibling,
stepsibling,
10
brother-in-law,
or
sister-in-law;
grandparent;
grandchild;
11
aunt,
uncle,
or
first
cousin;
legal
ward;
person
cohabiting
12
with
the
victim;
or
person
related
by
blood
or
affinity
to
13
the
victim.
Current
law
specifies
that
the
victim’s
spouse,
14
children,
parents,
siblings,
or
person
cohabiting
with
or
15
related
by
blood
or
affinity
to
the
victim
are
eligible
to
have
16
counseling
paid
for
as
victim
compensation.
17
The
amendment
to
Code
section
915.86(10)
strikes
provisions
18
relating
to
family
members
eligible
to
receive
compensation
for
19
loss
of
income
due
to
the
death
of
the
victim
and
transfers
20
such
provisions
to
Code
section
915.86(9)
and
expands
the
21
persons
eligible
to
receive
victim
compensation
for
loss
of
22
income
from
work
due
to
the
death
of
the
victim
to
include
any
23
person
related
to
the
victim
by
blood
or
affinity
in
an
amount
24
not
to
exceed
$6,000
per
person.
25
The
amendment
to
Code
section
915.86(13)
expands
the
26
persons
eligible
to
receive
victim
compensation
for
reasonable
27
dependent
care
expenses
incurred
for
attending
criminal
justice
28
proceedings
or
medical
or
counseling
services.
The
bill
29
specifies
that
“secondary
victims”,
as
defined
in
Code
section
30
915.80(5),
are
eligible
to
receive
such
victim
compensation.
31
Current
law
specifies
that
dependent
care
expenses
are
only
32
awardable
as
victim
compensation
to
the
victim,
the
victim’s
33
parent
or
caretaker,
and
certain
survivors.
The
amendment
to
34
Code
section
915.86(13)
also
expands
the
events
for
which
such
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reasonable
dependent
care
expenses
are
awardable
as
victim
1
compensation
to
include
planning
for
or
attending
funeral,
2
burial,
or
memorial
services
for
the
homicide
victim.
3
The
amendment
to
Code
section
915.86(14)
expands
the
persons
4
eligible
to
receive
victim
compensation
for
the
replacement
of
5
locks,
windows,
and
other
crime-related
residential
security
6
items,
and
permits
such
security
items
to
be
initially
provided
7
to
the
person.
The
bill
specifies
that
“secondary
victims”,
8
as
defined
in
Code
section
915.80(5),
are
eligible
to
receive
9
such
victim
compensation.
Current
law
specifies
that
home
10
security
expenses
are
only
awardable
as
victim
compensation
11
to
the
victim,
the
victim’s
parent
or
caretaker,
and
certain
12
survivors.
The
bill
also
strikes
a
provision
that
limits
a
13
victim’s
residence
or
the
residential
scene
of
the
crime
as
the
14
only
locations
for
which
victim
compensation
may
be
awarded
15
in
order
to
replace
residential
security
items.
The
bill
16
also
specifies
that
the
victim
compensation
for
such
security
17
items
shall
not
exceed
$500
per
person
rather
than
$500
per
18
residence.
19
The
amendment
to
Code
section
915.86(15)
makes
an
internal
20
reference
change
relating
to
transportation
costs
to
medical,
21
counseling,
funeral,
or
criminal
justice
proceedings,
resulting
22
in
extending
such
victim
compensation
to
persons
related
by
23
blood
or
affinity
to
the
victim
but
excluding
guardians
from
24
the
receipt
of
such
victim
compensation.
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