SF 522 (LSB 1420SV (1) 90)

SENATE FILE 522

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1069)

A BILL FOR

An Act relating to restitution for the death of a victim.
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.  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 may 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 may order the offender to pay the restitution to the victim’s heirs at law as determined pursuant to section 633.210.  In determining whether to order the offender to pay restitution to the victim’s estate or the victim’s heirs at law, the court may consider any criminal offenses committed by the victim against the offender. 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.
    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 may 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.
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 victim. 
   Current law provides that 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, the court shall 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 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, the court may order the offender to pay at least $150,000 in restitution to the victim’s estate or to the victim’s heirs at law dependent on whether the victim died with or without a will. In determining whether to order that restitution be paid to the victim’s estate or the victim’s heirs at law, the court may consider any criminal offenses committed by the victim against the offender.