House File 125 - Introduced HOUSE FILE 125 BY SHIPLEY A BILL FOR An Act relating to restitution for the death of a person caused 1 by a minor or a victim of human trafficking. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1589YH (3) 90 as/rh
H.F. 125 Section 1. Section 910.3B, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. a. In all criminal cases in which the offender is 3 convicted of a felony in which the act or acts committed by the 4 offender caused the death of another person, in addition to the 5 amount determined to be payable and ordered to be paid to a 6 victim for pecuniary damages, as defined under section 910.1 , 7 and determined under section 910.3 , the court shall also order 8 the offender to pay at least one hundred fifty thousand dollars 9 in restitution to the victim’s estate if the victim died 10 testate. If the victim died intestate the court shall order 11 the offender to pay the restitution to the victim’s heirs at 12 law as determined pursuant to section 633.210 . The obligation 13 to pay the additional amount shall not be dischargeable in 14 any proceeding under the federal Bankruptcy Act. Payment of 15 the additional amount shall have the same priority as payment 16 of a victim’s pecuniary damages under section 910.2 , in the 17 offender’s plan for restitution. 18 b. This subsection shall not apply to an offender who 19 was under eighteen years of age at the time the offense was 20 committed or where an offender’s offense was directly related 21 to the offender being a victim of human trafficking under 22 section 710A.2. 23 Sec. 2. Section 915.100, subsection 2, paragraph c, Code 24 2023, is amended to read as follows: 25 c. In cases where the act committed by an offender causes 26 the death of another person, in addition to the amount ordered 27 for payment of the victim’s pecuniary damages, the court shall 28 also order the offender to pay at least one hundred fifty 29 thousand dollars in restitution to the victim’s estate or 30 heirs at law , pursuant to the provisions of section 910.3B , 31 subsection 1, paragraph “a” . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 1589YH (3) 90 as/rh 1/ 2
H.F. 125 This bill relates to restitution for the death of a person 1 caused by a minor or a victim of human trafficking. 2 Current law provides that in all criminal cases in which 3 an offender is convicted of a felony in which the act or 4 acts committed by the offender caused the death of another 5 person, the court shall also order the offender to pay at 6 least $150,000 in restitution to the victim’s estate or to the 7 victim’s heirs at law. 8 The bill provides that the restitution requirement shall 9 not apply to offenders who were under 18 years of age at the 10 time the offense was committed or where an offender’s offense 11 was directly related to the offender being a victim of human 12 trafficking under Code section 710A.2. 13 The bill makes a conforming Code change to provide that 14 a victim’s right to have $150,000 restitution paid to the 15 victim’s estate or heirs at law in cases where the offense 16 committed by an offender causes the death of another person is 17 subject to the exceptions in the bill. 18 -2- LSB 1589YH (3) 90 as/rh 2/ 2