HF 594 (LSB 1589HV (2) 90)

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 by a victim of human trafficking.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 910.3B, subsection 1, Code 2023, is amended to read as follows:
   1.  a.  In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for pecuniary damages, as defined under section 910.1, and determined under section 910.3, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate if the victim died testate. If the victim died intestate the court shall order the offender to pay the restitution to the victim’s heirs at law as determined pursuant to section 633.210. The obligation to pay the additional amount shall not be dischargeable in any proceeding under the federal Bankruptcy Act. Payment of the additional amount shall have the same priority as payment of a victim’s pecuniary damages under section 910.2, in the offender’s plan for restitution.
   b.  This subsection shall not apply to an offender whose offense was directly related to the offender being a victim of human trafficking under section 710A.2. Prior to the court entering a permanent restitution order at the time of sentencing, the court shall determine, based upon the record developed at trial and evidence presented at the time of sentencing, whether the offender was a victim of human trafficking.
    Sec. 2.  Section 915.100, subsection 2, paragraph c, Code 2023, is amended to read as follows:
   c.  In cases where the act committed by an offender causes the death of another person, in addition to the amount ordered for payment of the victim’s pecuniary damages, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate or heirs at law, pursuant to the provisions of section 910.3B, subsection 1, paragraph “a”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to restitution for the death of a person caused by a victim of human trafficking.
   Current law provides that in all criminal cases in which an offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, the court shall also order the offender to pay at least $150,000 in restitution to the victim’s estate or to the victim’s heirs at law.
   The bill provides that the restitution requirement shall not apply to an offender whose offense was directly related to the offender being a victim of human trafficking. Prior to the court entering a permanent restitution order at the time of sentencing, the court shall determine, based upon the record developed at trial and evidence presented at sentencing, whether the offender was a victim of human trafficking.
   The bill makes a conforming Code change to provide that a victim’s right to have $150,000 restitution paid to the victim’s estate or heirs at law in cases where the offense committed by an offender causes the death of another person is subject to the exception in the bill.