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House File 2238 - IntroducedA Bill ForAn Act 1relating to the receipt of pecuniary damages by insurers
2as victims for purposes of criminal restitution.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.1, subsection 3, Code 2018, is
2amended to read as follows:
33. “Pecuniary damages” means all damages to the extent not
4paid by an insurer, which a victim could recover against the
5offender in a civil action arising out of the same facts or
6event, except punitive damages and damages for pain, suffering,
7mental anguish, and loss of consortium. Without limitation,
8“pecuniary damages” includes damages for wrongful death and
9expenses incurred for psychiatric or psychological services
10or counseling or other counseling for the victim which became
11necessary as a direct result of the criminal activity.
12 Sec. 2. Section 910.1, subsection 5, Code 2018, is amended
13to read as follows:
145. “Victim” means a person who has suffered pecuniary
15damages as a result of the offender’s criminal activities.
16However, for For purposes of this chapter, an insurer is not
17a victim and does not have a right of subrogation unless the
18insurer is a victim of insurance fraud pursuant to section
19507E.3 or 507E.3A. The crime victim compensation program is
20not an insurer for purposes of this chapter, and the right
21of subrogation provided by section 915.92 does not prohibit
22restitution to the crime victim compensation program.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to insurers as victims for purposes of
27receipt of criminal restitution damages. The bill amends the
28definitions of pecuniary damages and victim in the criminal
29restitution Code chapter to allow insurers to receive criminal
30restitution payments if the insurers are victims of insurance
31fraud due to fraudulent submissions or fraudulent sales
32practices. Insurers are currently excluded as victims for
33purposes of criminal restitution.
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2as victims for purposes of criminal restitution.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 910.1, subsection 3, Code 2018, is
2amended to read as follows:
33. “Pecuniary damages” means all damages to the extent not
4paid by an insurer, which a victim could recover against the
5offender in a civil action arising out of the same facts or
6event, except punitive damages and damages for pain, suffering,
7mental anguish, and loss of consortium. Without limitation,
8“pecuniary damages” includes damages for wrongful death and
9expenses incurred for psychiatric or psychological services
10or counseling or other counseling for the victim which became
11necessary as a direct result of the criminal activity.
12 Sec. 2. Section 910.1, subsection 5, Code 2018, is amended
13to read as follows:
145. “Victim” means a person who has suffered pecuniary
15damages as a result of the offender’s criminal activities.
16However, for For purposes of this chapter, an insurer is not
17a victim and does not have a right of subrogation unless the
18insurer is a victim of insurance fraud pursuant to section
19507E.3 or 507E.3A. The crime victim compensation program is
20not an insurer for purposes of this chapter, and the right
21of subrogation provided by section 915.92 does not prohibit
22restitution to the crime victim compensation program.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to insurers as victims for purposes of
27receipt of criminal restitution damages. The bill amends the
28definitions of pecuniary damages and victim in the criminal
29restitution Code chapter to allow insurers to receive criminal
30restitution payments if the insurers are victims of insurance
31fraud due to fraudulent submissions or fraudulent sales
32practices. Insurers are currently excluded as victims for
33purposes of criminal restitution.
-1-ko/rj