SF 411 (LSB 2501XS (2) 91)

SENATE FILE 411

BY  SWEENEY

A BILL FOR

An Act relating to criminal restitution including pecuniary damages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 910.1, subsection 6, Code 2025, is amended to read as follows:
   6.  “Pecuniary damages” means all damages to the extent not paid by an insurer on an insurance claim by the victim, which that 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. Without limitation, “pecuniary damages” includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling or other counseling for the victim which that became necessary as a direct result of the criminal activity.
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 criminal restitution including pecuniary damages.
   Under current law, “pecuniary damages” is defined as all damages to the extent not paid by an insurer on an insurance claim by the 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. Without limitation, “pecuniary damages” 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.
   The bill removes from the definition of “pecuniary damages” the provision excluding the amount paid by an insurer on an insurance claim by the victim.