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House File 2007 - IntroducedA Bill ForAn Act 1relating to restitution owed by a person who is
2convicted of homicide by motor vehicle for unintentionally
3causing the death of a parent of a minor child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.6A, Code 2024, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. In addition to restitution ordered under
4chapter 910, if a person is convicted of violating subsection
51, 2, or 3, and if the deceased victim was the parent of
6a minor child, the convicted person shall pay additional
7restitution in the form of child maintenance. The child
8maintenance restitution shall be owed from the date of the
9victim’s death until each child reaches eighteen years of age
10and has graduated high school or the class of which the child
11is a member when the child reached eighteen years of age has
12graduated high school.
13a. The court shall determine a reasonable amount for child
14maintenance after considering all of the following factors:
15(1) The child’s financial needs and resources.
16(2) The financial needs and resources of the child’s
17surviving parent or guardian, including the state if the
18child is in the custody of the department of health and human
19services.
20(3) The standard of living to which the child is accustomed.
21(4) The child’s physical and emotional condition.
22(5) The child’s educational needs.
23(6) The reasonable work-related child care expenses of the
24child’s surviving parent or guardian.
25b. Payment of the additional restitution ordered under
26this subsection shall have the same priority as payment of a
27victim’s pecuniary damages under sections 910.2 and 910.3B in
28the offender’s plan for restitution.
29c. Notwithstanding any provision of chapter 910 to the
30contrary:
31(1) An order to pay restitution under this subsection shall
32be offset by an amount equal to a judgment for the surviving
33parent or guardian for child maintenance entered against the
34person ordered to pay restitution in a civil proceeding, if
35applicable.
-1- 1(2) If a person is ordered to pay restitution under this
2subsection and is incarcerated and unable to pay the required
3maintenance, the person is not required to pay the restitution
4or enter a payment plan for up to one year following the
5person’s release from incarceration.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill requires a person who is convicted of
10unintentionally causing the death of another by operating a
11motor vehicle while intoxicated, while driving in a reckless
12manner with willful or wanton disregard for the safety of
13persons or property (including driving while using a hand-held
14electronic communication device), while eluding or attempting
15to elude a pursuing law enforcement vehicle, while exceeding
16the speed limit by 25 miles per hour or more, or while drag
17racing to pay additional restitution if the deceased victim was
18the parent of a minor child.
19Current law requires a person who is convicted of a felony
20in which the act committed by the offender caused the death
21of another person, including a violation of Code section
22707.6A(1), (2), and (3), to pay $150,000 in restitution to the
23victim’s estate or heirs at law. Such restitution is paid to
24the clerk of court who then distributes all moneys received to
25the victims designated in the plan of restitution.
26The bill sets forth factors a court must use to determine
27the child maintenance restitution under the bill. Child
28maintenance restitution is owed from the date of the death of
29the victim to the date the victim’s child reaches the age of 18
30and graduates high school, or the class of which the child is
31a member when the child reached 18 years of age has graduated
32high school. The child maintenance restitution may be reduced
33in an amount equal to an award obtained in a civil proceeding
34if the award is ordered for a similar purpose.
35If a person is ordered to pay child maintenance restitution
-2-1under the bill and is incarcerated and unable to pay, the
2person is not required to pay the restitution or enter a
3payment plan for up to one year following the person’s release
4from incarceration.
-3-th/ns
2convicted of homicide by motor vehicle for unintentionally
3causing the death of a parent of a minor child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.6A, Code 2024, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. In addition to restitution ordered under
4chapter 910, if a person is convicted of violating subsection
51, 2, or 3, and if the deceased victim was the parent of
6a minor child, the convicted person shall pay additional
7restitution in the form of child maintenance. The child
8maintenance restitution shall be owed from the date of the
9victim’s death until each child reaches eighteen years of age
10and has graduated high school or the class of which the child
11is a member when the child reached eighteen years of age has
12graduated high school.
13a. The court shall determine a reasonable amount for child
14maintenance after considering all of the following factors:
15(1) The child’s financial needs and resources.
16(2) The financial needs and resources of the child’s
17surviving parent or guardian, including the state if the
18child is in the custody of the department of health and human
19services.
20(3) The standard of living to which the child is accustomed.
21(4) The child’s physical and emotional condition.
22(5) The child’s educational needs.
23(6) The reasonable work-related child care expenses of the
24child’s surviving parent or guardian.
25b. Payment of the additional restitution ordered under
26this subsection shall have the same priority as payment of a
27victim’s pecuniary damages under sections 910.2 and 910.3B in
28the offender’s plan for restitution.
29c. Notwithstanding any provision of chapter 910 to the
30contrary:
31(1) An order to pay restitution under this subsection shall
32be offset by an amount equal to a judgment for the surviving
33parent or guardian for child maintenance entered against the
34person ordered to pay restitution in a civil proceeding, if
35applicable.
-1- 1(2) If a person is ordered to pay restitution under this
2subsection and is incarcerated and unable to pay the required
3maintenance, the person is not required to pay the restitution
4or enter a payment plan for up to one year following the
5person’s release from incarceration.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill requires a person who is convicted of
10unintentionally causing the death of another by operating a
11motor vehicle while intoxicated, while driving in a reckless
12manner with willful or wanton disregard for the safety of
13persons or property (including driving while using a hand-held
14electronic communication device), while eluding or attempting
15to elude a pursuing law enforcement vehicle, while exceeding
16the speed limit by 25 miles per hour or more, or while drag
17racing to pay additional restitution if the deceased victim was
18the parent of a minor child.
19Current law requires a person who is convicted of a felony
20in which the act committed by the offender caused the death
21of another person, including a violation of Code section
22707.6A(1), (2), and (3), to pay $150,000 in restitution to the
23victim’s estate or heirs at law. Such restitution is paid to
24the clerk of court who then distributes all moneys received to
25the victims designated in the plan of restitution.
26The bill sets forth factors a court must use to determine
27the child maintenance restitution under the bill. Child
28maintenance restitution is owed from the date of the death of
29the victim to the date the victim’s child reaches the age of 18
30and graduates high school, or the class of which the child is
31a member when the child reached 18 years of age has graduated
32high school. The child maintenance restitution may be reduced
33in an amount equal to an award obtained in a civil proceeding
34if the award is ordered for a similar purpose.
35If a person is ordered to pay child maintenance restitution
-2-1under the bill and is incarcerated and unable to pay, the
2person is not required to pay the restitution or enter a
3payment plan for up to one year following the person’s release
4from incarceration.
-3-th/ns