House File 125 - IntroducedA Bill ForAn Act 1relating to restitution for the death of a person caused
2by a minor or a victim of human trafficking.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.3B, subsection 1, Code 2023, is
2amended to read as follows:
31. a. In all criminal cases in which the offender is
4convicted of a felony in which the act or acts committed by the
5offender caused the death of another person, in addition to the
6amount determined to be payable and ordered to be paid to a
7victim for pecuniary damages, as defined under section 910.1,
8and determined under section 910.3, the court shall also order
9the offender to pay at least one hundred fifty thousand dollars
10in restitution to the victim’s estate if the victim died
11testate. If the victim died intestate the court shall order
12the offender to pay the restitution to the victim’s heirs at
13law as determined pursuant to section 633.210. The obligation
14to pay the additional amount shall not be dischargeable in
15any proceeding under the federal Bankruptcy Act. Payment of
16the additional amount shall have the same priority as payment
17of a victim’s pecuniary damages under section 910.2, in the
18offender’s plan for restitution.
19b. This subsection shall not apply to an offender who
20was under eighteen years of age at the time the offense was
21committed or where an offender’s offense was directly related
22to the offender being a victim of human trafficking under
23section 710A.2.
24 Sec. 2. Section 915.100, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. In cases where the act committed by an offender causes
27the death of another person, in addition to the amount ordered
28for payment of the victim’s pecuniary damages, the court shall
29also order the offender to pay at least one hundred fifty
30thousand dollars in restitution to the victim’s estate or
31heirs at law, pursuant to the provisions of section 910.3B,
32subsection 1, paragraph “a”.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to restitution for the death of a person
2caused by a minor or a victim of human trafficking.
3Current law provides that in all criminal cases in which
4an offender is convicted of a felony in which the act or
5acts committed by the offender caused the death of another
6person, the court shall also order the offender to pay at
7least $150,000 in restitution to the victim’s estate or to the
8victim’s heirs at law.
9The bill provides that the restitution requirement shall
10not apply to offenders who were under 18 years of age at the
11time the offense was committed or where an offender’s offense
12was directly related to the offender being a victim of human
13trafficking under Code section 710A.2.
14The bill makes a conforming Code change to provide that
15a victim’s right to have $150,000 restitution paid to the
16victim’s estate or heirs at law in cases where the offense
17committed by an offender causes the death of another person is
18subject to the exceptions in the bill.
-2-as/rh
2by a minor or a victim of human trafficking.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.3B, subsection 1, Code 2023, is
2amended to read as follows:
31. a. In all criminal cases in which the offender is
4convicted of a felony in which the act or acts committed by the
5offender caused the death of another person, in addition to the
6amount determined to be payable and ordered to be paid to a
7victim for pecuniary damages, as defined under section 910.1,
8and determined under section 910.3, the court shall also order
9the offender to pay at least one hundred fifty thousand dollars
10in restitution to the victim’s estate if the victim died
11testate. If the victim died intestate the court shall order
12the offender to pay the restitution to the victim’s heirs at
13law as determined pursuant to section 633.210. The obligation
14to pay the additional amount shall not be dischargeable in
15any proceeding under the federal Bankruptcy Act. Payment of
16the additional amount shall have the same priority as payment
17of a victim’s pecuniary damages under section 910.2, in the
18offender’s plan for restitution.
19b. This subsection shall not apply to an offender who
20was under eighteen years of age at the time the offense was
21committed or where an offender’s offense was directly related
22to the offender being a victim of human trafficking under
23section 710A.2.
24 Sec. 2. Section 915.100, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. In cases where the act committed by an offender causes
27the death of another person, in addition to the amount ordered
28for payment of the victim’s pecuniary damages, the court shall
29also order the offender to pay at least one hundred fifty
30thousand dollars in restitution to the victim’s estate or
31heirs at law, pursuant to the provisions of section 910.3B,
32subsection 1, paragraph “a”.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to restitution for the death of a person
2caused by a minor or a victim of human trafficking.
3Current law provides that in all criminal cases in which
4an offender is convicted of a felony in which the act or
5acts committed by the offender caused the death of another
6person, the court shall also order the offender to pay at
7least $150,000 in restitution to the victim’s estate or to the
8victim’s heirs at law.
9The bill provides that the restitution requirement shall
10not apply to offenders who were under 18 years of age at the
11time the offense was committed or where an offender’s offense
12was directly related to the offender being a victim of human
13trafficking under Code section 710A.2.
14The bill makes a conforming Code change to provide that
15a victim’s right to have $150,000 restitution paid to the
16victim’s estate or heirs at law in cases where the offense
17committed by an offender causes the death of another person is
18subject to the exceptions in the bill.
-2-as/rh