House File 594 - Introduced HOUSE FILE 594 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 125) A BILL FOR An Act relating to restitution for the death of a person caused 1 by a victim of human trafficking. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1589HV (2) 90 as/rh

H.F. 594 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 whose 19 offense was directly related to the offender being a victim 20 of human trafficking under section 710A.2. Prior to the 21 court entering a permanent restitution order at the time 22 of sentencing, the court shall determine, based upon the 23 record developed at trial and evidence presented at the time 24 of sentencing, whether the offender was a victim of human 25 trafficking. 26 Sec. 2. Section 915.100, subsection 2, paragraph c, Code 27 2023, is amended to read as follows: 28 c. In cases where the act committed by an offender causes 29 the death of another person, in addition to the amount ordered 30 for payment of the victim’s pecuniary damages, the court shall 31 also order the offender to pay at least one hundred fifty 32 thousand dollars in restitution to the victim’s estate or 33 heirs at law , pursuant to the provisions of section 910.3B , 34 subsection 1, paragraph “a” . 35 -1- LSB 1589HV (2) 90 as/rh 1/ 2

H.F. 594 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to restitution for the death of a person 4 caused by a victim of human trafficking. 5 Current law provides that in all criminal cases in which 6 an offender is convicted of a felony in which the act or 7 acts committed by the offender caused the death of another 8 person, the court shall also order the offender to pay at 9 least $150,000 in restitution to the victim’s estate or to the 10 victim’s heirs at law. 11 The bill provides that the restitution requirement shall 12 not apply to an offender whose offense was directly related 13 to the offender being a victim of human trafficking. Prior 14 to the court entering a permanent restitution order at the 15 time of sentencing, the court shall determine, based upon the 16 record developed at trial and evidence presented at sentencing, 17 whether the offender was a victim of human trafficking. 18 The bill makes a conforming Code change to provide that 19 a victim’s right to have $150,000 restitution paid to the 20 victim’s estate or heirs at law in cases where the offense 21 committed by an offender causes the death of another person is 22 subject to the exception in the bill. 23 -2- LSB 1589HV (2) 90 as/rh 2/ 2