Senate File 208 - Introduced SENATE FILE 208 BY KINNEY A BILL FOR An Act concerning payments under the crime victim compensation 1 program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1190XS (6) 87 ec/nh
S.F. 208 Section 1. Section 915.80, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Survivor of a deceased victim” means 3 a spouse, former spouse, child, foster child, parent, legal 4 guardian, foster parent, sibling, foster sibling, or person 5 cohabiting with, or otherwise related by blood or affinity, 6 of a victim who dies as a result of a crime, a good-faith 7 effort attempting to prevent a crime, or a good-faith effort to 8 apprehend a person suspected of committing a crime. 9 Sec. 2. Section 915.86, subsections 4, 8, 9, 10, 11, 13, 14, 10 15, and 16, Code 2017, are amended to read as follows: 11 4. Loss of income from work that the victim, the victim’s 12 parent or caretaker, or the survivor of a homicide deceased 13 victim as described in subsection 10 would have performed and 14 for which that person would have received remuneration, where 15 the loss of income is a direct result of cooperation with 16 the investigation and prosecution of the crime or attendance 17 at criminal justice proceedings including the trial and 18 sentencing in the case, or due to the planning of or attendance 19 at a funeral, memorial, or burial service, not to exceed one 20 thousand dollars per person . 21 8. In the event of a victim’s death, reasonable charges 22 incurred for counseling the victim’s spouse, children, parents, 23 siblings, or persons cohabiting with or related by blood 24 or affinity to the a survivor of a deceased victim if the 25 counseling services are provided by a psychologist licensed 26 under chapter 154B , a victim counselor as defined in section 27 915.20A, subsection 1 , or an individual holding at least a 28 master’s degree in social work or counseling and guidance, and 29 reasonable charges incurred by such persons for medical care 30 counseling provided by a psychiatrist licensed under chapter 31 148 . The allowable charges under this subsection shall not 32 exceed five thousand dollars per person. 33 9. In the event of a homicide victim’s death , reasonable 34 charges incurred for health care for the victim’s spouse; 35 -1- LSB 1190XS (6) 87 ec/nh 1/ 5
S.F. 208 child, foster child, stepchild, son-in-law, or daughter-in-law; 1 parent, foster parent, or stepparent; sibling, foster sibling, 2 stepsibling, brother-in-law, or sister-in-law; grandparent; 3 grandchild; aunt, uncle, or first cousin; legal ward; or person 4 cohabiting with the a survivor of a deceased victim, not to 5 exceed three thousand dollars per survivor. 6 10. In the event of a homicide victim’s death , loss of 7 income from work that, but for the death of the victim, would 8 have been earned by the victim’s spouse; child, foster child, 9 stepchild, son-in-law, or daughter-in-law; parent, foster 10 parent, or stepparent; sibling, foster sibling, stepsibling, 11 brother-in-law, or sister-in-law; grandparent; grandchild; 12 aunt, uncle, or first cousin; legal ward; or person cohabiting 13 with the a survivor of a deceased victim, not to exceed six 14 thousand dollars. 15 11. Reasonable expenses incurred by the victim, secondary 16 victim, or survivor of a deceased victim for cleaning the scene 17 of a crime , if the scene is a residence , not to exceed one 18 thousand dollars per crime scene . 19 13. Reasonable dependent care expenses incurred by the 20 victim, the victim’s parent or caretaker, or the survivor of a 21 homicide deceased victim as described in subsection 10 for the 22 care of dependents while attending criminal justice proceedings 23 or , medical or counseling services, or funeral, burial, or 24 memorial services, not to exceed one thousand dollars per 25 person. 26 14. Reasonable crime-related expenses incurred by a victim, 27 the victim’s parent or caretaker, or the a survivor of a 28 homicide deceased victim as described in subsection 10 to 29 replace inadequate or damaged or install new locks, windows, 30 and other residential security items at the victim’s residence 31 or at the residential scene of a crime , not to exceed five 32 hundred dollars per residence. 33 15. Reasonable expenses incurred by the victim, a secondary 34 victim, the parent or guardian of a victim, or the a survivor 35 -2- LSB 1190XS (6) 87 ec/nh 2/ 5
S.F. 208 of a homicide deceased victim as described in subsection 10 for 1 transportation to medical , or counseling services , funeral, or 2 criminal justice proceedings, or a funeral, memorial, or burial 3 service, not to exceed one thousand dollars per person. 4 16. Reasonable charges incurred by a victim, a secondary 5 victim, the a survivor of a homicide deceased victim as 6 described in subsection 9 , or by a victim service program on 7 behalf of a victim, for emergency relocation expenses, not to 8 exceed one thousand dollars per person per lifetime. 9 Sec. 3. Section 915.86, Code 2017, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 18. a. A victim, secondary victim, 12 or survivor of a deceased victim may be awarded additional 13 compensation in an amount not to exceed a total of five 14 thousand dollars per person for charges, expenses, or loss of 15 income incurred that would otherwise be compensable under this 16 section but for the eligibility requirements and compensation 17 limits provided for at the time of initial application 18 for compensation under this section under the following 19 circumstances: 20 (1) The charges, expenses, or loss of income incurred were 21 not compensable under this section at the time of initial 22 application for compensation under this section. 23 (2) The victim, secondary victim, or survivor of a deceased 24 victim demonstrates that a denial of additional compensation 25 under this subsection would constitute an undue hardship. 26 (3) The victim, secondary victim, or survivor of a deceased 27 victim incurs additional charges, expenses, or loss of income 28 that would otherwise be compensable under this section but 29 for the compensation limits provided for the applicable 30 compensation category upon occurrence of a new event related 31 to the event authorizing compensation under this section. For 32 purposes of this subparagraph, “new event” includes additional 33 criminal justice proceedings due to a mistrial, retrial, or 34 separate or additional trials resulting from the existence of 35 -3- LSB 1190XS (6) 87 ec/nh 3/ 5
S.F. 208 multiple offenders; a new appellate court decision relating to 1 the event authorizing compensation under this section; a change 2 of venue of a trial; a change in offender custody status; the 3 death of the offender; or the exoneration of the offender. 4 b. Additional compensation otherwise authorized by this 5 subsection shall not be awarded for an application for 6 compensation under subsection 7, 16, or 17. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill concerns compensation payable under the victim 11 compensation program. 12 Code section 915.80 is amended to add a definition for a 13 survivor of a deceased victim and provides that a survivor 14 includes a spouse, former spouse, child, foster child, parent, 15 legal guardian, foster parent, sibling, foster sibling, or 16 person cohabiting with, or related by blood or affinity, of a 17 deceased victim. 18 Code section 915.86, concerning computation of compensation 19 under the victim compensation program, is amended. 20 The bill amends provisions concerning reimbursement of loss 21 of income from work to allow reimbursement for attending or 22 planning the funeral of the deceased victim. In addition, the 23 bill provides that the compensation limit under this category 24 is $1,000 per person. 25 The bill amends provisions concerning reimbursement for 26 cleaning the scene of the crime to strike the limitation that 27 the cleaning be limited to a crime scene that is a residence, 28 and provides that the compensation limit of $1,000 applies per 29 crime scene. 30 The provisions concerning dependent care expenses are 31 amended to allow compensation for attending funeral, burial, or 32 memorial services. 33 The bill amends provisions concerning reimbursement for 34 certain security items to allow reimbursement to replace 35 -4- LSB 1190XS (6) 87 ec/nh 4/ 5
S.F. 208 inadequate or damaged or install new locks, windows, and 1 residential security items instead of just to replace these 2 items. 3 The provisions concerning reimbursement for certain 4 transportation costs is amended to allow compensation for 5 transportation to a funeral, memorial, or burial service. 6 The bill adds a new provision to provide additional 7 compensation of up to a total of $5,000 for qualifying 8 compensable expenses under the Code section if the expenses 9 were not eligible for compensation at the time the initial 10 application for benefits was made; the victim, secondary 11 victim, or survivor of a deceased victim demonstrates that a 12 denial of additional compensation would constitute an undue 13 hardship; or additional compensable qualifying expenses are 14 incurred following a new event. The bill defines “new event” 15 to include additional criminal justice proceedings, a new 16 appellate court decision relating to the event, a change of 17 venue of a trial, a change in offender custody status, the 18 death of the offender, or the exoneration of the offender. The 19 new provision further provides that expenses related to loss 20 of support or charges incurred by a victim service program for 21 emergency relocation expenses or housing assistance are not 22 eligible for additional compensation. 23 -5- LSB 1190XS (6) 87 ec/nh 5/ 5