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 TLSB 1290DP (10) 86 jm/rj
S.F. _____ H.F. _____ 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 35 -1- LSB 1290DP (10) 86 jm/rj 1/ 6
S.F. _____ H.F. _____ 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 35 -2- LSB 1290DP (10) 86 jm/rj 2/ 6
S.F. _____ H.F. _____ 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, 35 -3- LSB 1290DP (10) 86 jm/rj 3/ 6
S.F. _____ H.F. _____ 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 35 -4- LSB 1290DP (10) 86 jm/rj 4/ 6
S.F. _____ H.F. _____ 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 35 -5- LSB 1290DP (10) 86 jm/rj 5/ 6
S.F. _____ H.F. _____ 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. 25 -6- LSB 1290DP (10) 86 jm/rj 6/ 6