Senate File 522 - IntroducedA Bill ForAn Act 1relating to restitution for the death of a victim.
2BE 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.  In all criminal cases in which the offender is convicted
4of a felony in which the act or acts committed by the offender
5caused the death of another person, in addition to the amount
6determined to be payable and ordered to be paid to a victim
7for pecuniary damages, as defined under section 910.1, and
8determined under section 910.3, the court shall may also
9order the offender to pay at least one hundred fifty thousand
10dollars in restitution to the victim’s estate if the victim
11died testate. If the victim died intestate, the court shall
12
 may order the offender to pay the restitution to the victim’s
13heirs at law as determined pursuant to section 633.210. In
14determining whether to order the offender to pay restitution to
15the victim’s estate or the victim’s heirs at law, the court may
16consider any criminal offenses committed by the victim against
17the offender.
The obligation to pay the additional amount
18shall not be dischargeable in any proceeding under the federal
19Bankruptcy Act. Payment of the additional amount shall have
20the same priority as payment of a victim’s pecuniary damages
21under section 910.2, in the offender’s plan for restitution.
22   Sec. 2.  Section 915.100, subsection 2, paragraph c, Code
232023, is amended to read as follows:
   24c.  In cases where the act committed by an offender causes
25the death of another person, in addition to the amount ordered
26for payment of the victim’s pecuniary damages, the court shall
27
 may also order the offender to pay at least one hundred fifty
28thousand dollars in restitution to the victim’s estate or heirs
29at law, pursuant to the provisions of section 910.3B.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to restitution for the death of a victim.
   34Current law provides that in all criminal cases in which
35the offender is convicted of a felony in which the act or acts
-1-1committed by the offender caused the death of another person,
2the court shall order the offender to pay at least $150,000 in
3restitution to the victim’s estate or to the victim’s heirs at
4law.
   5The bill provides that in all criminal cases in which the
6offender is convicted of a felony in which the act or acts
7committed by the offender caused the death of another person,
8the court may order the offender to pay at least $150,000 in
9restitution to the victim’s estate or to the victim’s heirs
10at law dependent on whether the victim died with or without a
11will. In determining whether to order that restitution be paid
12to the victim’s estate or the victim’s heirs at law, the court
13may consider any criminal offenses committed by the victim
14against the offender.
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