Senate Study Bill 1069 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to restitution for the death of a victim. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1420XC (1) 90 as/rh

S.F. _____ Section 1. Section 910.3B, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. In all criminal cases in which the offender is convicted 3 of a felony in which the act or acts committed by the offender 4 caused the death of another person, in addition to the amount 5 determined to be payable and ordered to be paid to a victim 6 for pecuniary damages, as defined under section 910.1 , and 7 determined under section 910.3 , the court shall may also 8 order the offender to pay at least one hundred fifty thousand 9 dollars in restitution to the victim’s estate if the victim 10 died testate. If the victim died intestate , the court shall 11 may order the offender to pay the restitution to the victim’s 12 heirs at law as determined pursuant to section 633.210 . In 13 determining whether to order the offender to pay restitution to 14 the victim’s estate or the victim’s heirs at law, the court may 15 consider any criminal offenses committed by the victim against 16 the offender. The obligation to pay the additional amount 17 shall not be dischargeable in any proceeding under the federal 18 Bankruptcy Act. Payment of the additional amount shall have 19 the same priority as payment of a victim’s pecuniary damages 20 under section 910.2 , in the offender’s plan for restitution. 21 Sec. 2. Section 915.100, subsection 2, paragraph c, Code 22 2023, is amended to read as follows: 23 c. In cases where the act committed by an offender causes 24 the death of another person, in addition to the amount ordered 25 for payment of the victim’s pecuniary damages, the court shall 26 may also order the offender to pay at least one hundred fifty 27 thousand dollars in restitution to the victim’s estate or heirs 28 at law, pursuant to the provisions of section 910.3B . 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to restitution for the death of a victim. 33 Current law provides that in all criminal cases in which 34 the offender is convicted of a felony in which the act or acts 35 -1- LSB 1420XC (1) 90 as/rh 1/ 2

S.F. _____ committed by the offender caused the death of another person, 1 the court shall order the offender to pay at least $150,000 in 2 restitution to the victim’s estate or to the victim’s heirs at 3 law. 4 The bill provides that in all criminal cases in which the 5 offender is convicted of a felony in which the act or acts 6 committed by the offender caused the death of another person, 7 the court may order the offender to pay at least $150,000 in 8 restitution to the victim’s estate or to the victim’s heirs 9 at law dependent on whether the victim died with or without a 10 will. In determining whether to order that restitution be paid 11 to the victim’s estate or the victim’s heirs at law, the court 12 may consider any criminal offenses committed by the victim 13 against the offender. 14 -2- LSB 1420XC (1) 90 as/rh 2/ 2