House
File
125
-
Introduced
HOUSE
FILE
125
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
restitution
for
the
death
of
a
person
caused
1
by
a
minor
or
a
victim
of
human
trafficking.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1589YH
(3)
90
as/rh
H.F.
125
Section
1.
Section
910.3B,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
a.
In
all
criminal
cases
in
which
the
offender
is
3
convicted
of
a
felony
in
which
the
act
or
acts
committed
by
the
4
offender
caused
the
death
of
another
person,
in
addition
to
the
5
amount
determined
to
be
payable
and
ordered
to
be
paid
to
a
6
victim
for
pecuniary
damages,
as
defined
under
section
910.1
,
7
and
determined
under
section
910.3
,
the
court
shall
also
order
8
the
offender
to
pay
at
least
one
hundred
fifty
thousand
dollars
9
in
restitution
to
the
victim’s
estate
if
the
victim
died
10
testate.
If
the
victim
died
intestate
the
court
shall
order
11
the
offender
to
pay
the
restitution
to
the
victim’s
heirs
at
12
law
as
determined
pursuant
to
section
633.210
.
The
obligation
13
to
pay
the
additional
amount
shall
not
be
dischargeable
in
14
any
proceeding
under
the
federal
Bankruptcy
Act.
Payment
of
15
the
additional
amount
shall
have
the
same
priority
as
payment
16
of
a
victim’s
pecuniary
damages
under
section
910.2
,
in
the
17
offender’s
plan
for
restitution.
18
b.
This
subsection
shall
not
apply
to
an
offender
who
19
was
under
eighteen
years
of
age
at
the
time
the
offense
was
20
committed
or
where
an
offender’s
offense
was
directly
related
21
to
the
offender
being
a
victim
of
human
trafficking
under
22
section
710A.2.
23
Sec.
2.
Section
915.100,
subsection
2,
paragraph
c,
Code
24
2023,
is
amended
to
read
as
follows:
25
c.
In
cases
where
the
act
committed
by
an
offender
causes
26
the
death
of
another
person,
in
addition
to
the
amount
ordered
27
for
payment
of
the
victim’s
pecuniary
damages,
the
court
shall
28
also
order
the
offender
to
pay
at
least
one
hundred
fifty
29
thousand
dollars
in
restitution
to
the
victim’s
estate
or
30
heirs
at
law
,
pursuant
to
the
provisions
of
section
910.3B
,
31
subsection
1,
paragraph
“a”
.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
-1-
LSB
1589YH
(3)
90
as/rh
1/
2
H.F.
125
This
bill
relates
to
restitution
for
the
death
of
a
person
1
caused
by
a
minor
or
a
victim
of
human
trafficking.
2
Current
law
provides
that
in
all
criminal
cases
in
which
3
an
offender
is
convicted
of
a
felony
in
which
the
act
or
4
acts
committed
by
the
offender
caused
the
death
of
another
5
person,
the
court
shall
also
order
the
offender
to
pay
at
6
least
$150,000
in
restitution
to
the
victim’s
estate
or
to
the
7
victim’s
heirs
at
law.
8
The
bill
provides
that
the
restitution
requirement
shall
9
not
apply
to
offenders
who
were
under
18
years
of
age
at
the
10
time
the
offense
was
committed
or
where
an
offender’s
offense
11
was
directly
related
to
the
offender
being
a
victim
of
human
12
trafficking
under
Code
section
710A.2.
13
The
bill
makes
a
conforming
Code
change
to
provide
that
14
a
victim’s
right
to
have
$150,000
restitution
paid
to
the
15
victim’s
estate
or
heirs
at
law
in
cases
where
the
offense
16
committed
by
an
offender
causes
the
death
of
another
person
is
17
subject
to
the
exceptions
in
the
bill.
18
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(3)
90
as/rh
2/
2