House File 2109 - Introduced HOUSE FILE 2109 BY THOMPSON , DIEKEN , VONDRAN , GOSA , GEHLBACH , BARKER , JENEARY , BEHN , GOLDING , KNIFF McCULLA , FETT , BRADLEY , GERHOLD , JONES , SIEGRIST , COLLINS , and LARSON A BILL FOR An Act relating to the disposition of collected criminal case 1 fines and establishing a victim restitution fund. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5951YH (3) 91 as/js

H.F. 2109 Section 1. Section 602.8106, subsection 4, paragraph b, 1 Code 2026, is amended to read as follows: 2 b. The fine amount for a violation that occurred within the 3 boundaries of the county shall be distributed as follows: 4 (1) Ninety-one Eighty-five percent to the state court 5 administrator. 6 (2) Nine Eight percent to the county treasurer for deposit 7 in the county general fund where the violation occurred. 8 (3) Seven percent to the victim restitution fund 9 established in section 915.96. 10 Sec. 2. NEW SECTION . 915.96 Victim restitution fund. 11 A victim restitution fund is established as a separate fund 12 in the state treasury. Moneys deposited in the fund shall be 13 administered by the department and dedicated to and used for 14 the purposes of pecuniary damages pursuant to section 910.2, 15 and for restitution for the death of a victim under section 16 910.3B. The fund shall consist of moneys deposited into the 17 fund pursuant to section 602.8106, subsection 4, paragraph 18 “b” , subparagraph (3), and appropriations made to the fund. 19 Notwithstanding section 8.33, moneys in the fund that remain 20 unencumbered or unobligated at the close of a fiscal year shall 21 not revert but shall remain available for expenditure for the 22 purposes designated. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the disposition of collected criminal 27 case fines. 28 Current law provides that the clerk of the district court 29 shall distribute the fine amount for a criminal violation that 30 occurred within the boundaries of a county as follows: 91 31 percent to the state court administrator and 9 percent to the 32 county treasurer for deposit in the county general fund where 33 the violation occurred. 34 The bill provides that the fine amount for a criminal 35 -1- LSB 5951YH (3) 91 as/js 1/ 2

H.F. 2109 violation that occurred within the boundaries of a county shall 1 be distributed as follows: 85 percent to the state court 2 administrator, 8 percent to the county treasurer for deposit 3 in the county general fund where the violation occurred, and 7 4 percent to the victim restitution fund established in the bill. 5 The bill provides that a victim restitution fund is 6 established as a separate fund in the state treasury. Moneys 7 deposited in the fund will be administered by the department of 8 justice and used for the purposes of pecuniary damages pursuant 9 to Code section 910.2, and for restitution for the death of a 10 victim pursuant to Code section 910.3B. “Pecuniary damages” 11 means all damages to the extent not paid by an insurer on 12 an insurance claim by a victim, which a victim could recover 13 against the offender in a civil action arising out of the 14 same facts or event, except punitive damages and damages for 15 pain, suffering, mental anguish, and loss of consortium, and 16 includes damages for wrongful death and expenses incurred for 17 psychiatric or psychological services or counseling or other 18 counseling for the victim, which became necessary as a direct 19 result of the criminal activity. Code section 910.3B provides 20 for the payment of at least $150,000 to a victim’s estate or a 21 victim’s heirs in addition to pecuniary damages. 22 The bill provides that notwithstanding Code section 8.33, 23 moneys in the fund that remain unencumbered or unobligated at 24 the close of a fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated. 26 -2- LSB 5951YH (3) 91 as/js 2/ 2