House File 594 - IntroducedA Bill ForAn Act 1relating to restitution for the death of a person caused
2by 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 whose
20offense was directly related to the offender being a victim
21of human trafficking under section 710A.2. Prior to the
22court entering a permanent restitution order at the time
23of sentencing, the court shall determine, based upon the
24record developed at trial and evidence presented at the time
25of sentencing, whether the offender was a victim of human
26trafficking.
27   Sec. 2.  Section 915.100, subsection 2, paragraph c, Code
282023, is amended to read as follows:
   29c.  In cases where the act committed by an offender causes
30the death of another person, in addition to the amount ordered
31for payment of the victim’s pecuniary damages, the court shall
32also order the offender to pay at least one hundred fifty
33thousand dollars in restitution to the victim’s estate or
34heirs at law, pursuant to the provisions of section 910.3B,
35subsection 1, paragraph “a”
.
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1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill relates to restitution for the death of a person
5caused by a victim of human trafficking.
   6Current law provides that in all criminal cases in which
7an offender is convicted of a felony in which the act or
8acts committed by the offender caused the death of another
9person, the court shall also order the offender to pay at
10least $150,000 in restitution to the victim’s estate or to the
11victim’s heirs at law.
   12The bill provides that the restitution requirement shall
13not apply to an offender whose offense was directly related
14to the offender being a victim of human trafficking. Prior
15to the court entering a permanent restitution order at the
16time of sentencing, the court shall determine, based upon the
17record developed at trial and evidence presented at sentencing,
18whether the offender was a victim of human trafficking.
   19The bill makes a conforming Code change to provide that
20a victim’s right to have $150,000 restitution paid to the
21victim’s estate or heirs at law in cases where the offense
22committed by an offender causes the death of another person is
23subject to the exception in the bill.
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