HF 1007 (LSB 2955HV (2) 91)

HOUSE FILE 1007

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HSB 319)

A BILL FOR

An Act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8106, subsection 4, paragraph b, Code 2025, is amended to read as follows:
   b.  The fine amount for a violation that occurred within the boundaries of the county shall be distributed as follows:
   (1)  Ninety-one Eighty-five percent to the state court administrator.
   (2)  Nine Eight percent to the county treasurer for deposit in the county general fund where the violation occurred.
   (3)  Seven percent to the victim restitution fund established in section 915.96.
    Sec. 2.  NEW SECTION.  915.96  Victim restitution fund.
   A victim restitution fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 910.1, subsection 6, and for restitution for the death of a victim under section 910.3B. The fund shall consist of moneys deposited into the fund pursuant to section 602.8106, subsection 4, paragraph “b”, subparagraph (3), and appropriations made to the fund. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated.
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 the disposition of collected criminal case fines.
   Current law provides that the clerk of the district court shall distribute the fine amount for a criminal violation that occurred within the boundaries of a county as follows: 91 percent to the state court administrator and 9 percent to the county treasurer for deposit in the county general fund where the violation occurred.
   The bill provides that the fine amount for a criminal violation that occurred within the boundaries of a county shall be distributed as follows: 85 percent to the state court administrator, 8 percent to the county treasurer for deposit in the county general fund where the violation occurred, and 7 percent to the victim restitution fund established in the bill. 
   The bill provides that a victim restitution fund is established as a separate fund in the state treasury. Moneys deposited in the fund will be administered by the department of justice and used for the purposes of Code section 910.1(6), which concerns restitution for “pecuniary damages”, and for restitution for the death of a victim pursuant to Code section 910.3B. “Pecuniary damages” means all damages to the extent not paid by an insurer on an insurance claim by a victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium, and includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling or other counseling for the victim, which became necessary as a direct result of the criminal activity. Code section 910.3B provides for the payment of at least $150,000 to a victim’s estate or a victim’s heirs in addition to pecuniary damages.
   The bill provides that notwithstanding Code section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated.