S.F. _____ H.F. _____ Section 1. Section 910.1, subsection 3, Code 2018, is 1 amended to read as follows: 2 3. “Pecuniary damages” means all damages to the extent not 3 paid by an insurer, which a victim could recover against the 4 offender in a civil action arising out of the same facts or 5 event, except punitive damages and damages for pain, suffering, 6 mental anguish, and loss of consortium. Without limitation, 7 “pecuniary damages” includes damages for wrongful death and 8 expenses incurred for psychiatric or psychological services 9 or counseling or other counseling for the victim which became 10 necessary as a direct result of the criminal activity. 11 Sec. 2. Section 910.1, subsection 5, Code 2018, is amended 12 to read as follows: 13 5. “Victim” means a person who has suffered pecuniary 14 damages as a result of the offender’s criminal activities. 15 However, for For purposes of this chapter , an insurer is not 16 a victim and does not have a right of subrogation unless the 17 insurer is a victim of insurance fraud pursuant to section 18 507E.3 or 507E.3A . The crime victim compensation program is 19 not an insurer for purposes of this chapter , and the right 20 of subrogation provided by section 915.92 does not prohibit 21 restitution to the crime victim compensation program. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to insurers as victims for purposes of 26 receipt of criminal restitution damages. The bill amends the 27 definitions of pecuniary damages and victim in the criminal 28 restitution Code chapter to allow insurers to receive criminal 29 restitution payments if the insurers are victims of insurance 30 fraud due to fraudulent submissions or fraudulent sales 31 practices. Insurers are currently excluded as victims for 32 purposes of criminal restitution. 33 -1- LSB 5272XD (4) 87 ko/rj 1/ 1