Bill Text: IA HF472 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-02-10 - Introduced, referred to Judiciary. H.J. 338. [HF472 Detail]
Download: Iowa-2021-HF472-Introduced.html
House
File
472
-
Introduced
HOUSE
FILE
472
BY
ANDERSON
and
WOLFE
A
BILL
FOR
An
Act
relating
to
the
disposition
of
collected
criminal
case
1
fines
and
establishing
a
victim
restitution
fund.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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472
Section
1.
Section
602.8106,
subsection
4,
paragraph
b,
1
Code
2021,
is
amended
to
read
as
follows:
2
b.
The
fine
amount
for
a
violation
that
occurred
within
the
3
boundaries
of
the
county
shall
be
distributed
as
follows:
4
(1)
Ninety-one
Eighty-five
percent
to
the
state
court
5
administrator.
6
(2)
Nine
Eight
percent
to
the
county
treasurer
for
deposit
7
in
the
county
general
fund
where
the
violation
occurred.
8
(3)
Seven
percent
to
the
victim
restitution
fund
9
established
in
section
915.96.
10
Sec.
2.
NEW
SECTION
.
915.96
Victim
restitution
fund.
11
A
victim
restitution
fund
is
established
as
a
separate
fund
12
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
13
be
administered
by
the
department
and
dedicated
to
and
used
14
for
the
purposes
of
section
910.1,
subsection
6.
Funds
shall
15
consist
of
moneys
deposited
into
the
fund
pursuant
to
section
16
602.8106,
subsection
4,
paragraph
“b”
,
subparagraph
(3),
and
17
appropriations
made
to
the
fund.
Notwithstanding
section
8.33,
18
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
19
revert
to
the
general
fund
of
the
state.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
disposition
of
collected
criminal
24
case
fines.
25
Current
law
provides
that
the
clerk
of
the
district
court
26
shall
distribute
the
fine
amount
for
a
criminal
violation
that
27
occurred
within
the
boundaries
of
a
county
as
follows:
91
28
percent
to
the
state
court
administrator
and
9
percent
to
the
29
county
treasurer
for
deposit
in
the
county
general
fund
where
30
the
violation
occurred.
31
The
bill
provides
that
the
fine
amount
for
a
criminal
32
violation
that
occurred
within
the
boundaries
of
a
county
shall
33
be
distributed
as
follows:
85
percent
to
the
state
court
34
administrator,
8
percent
to
the
county
treasurer
for
deposit
35
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H.F.
472
in
the
county
general
fund
where
the
violation
occurred,
and
1
7
percent
to
the
victim
restitution
fund
established
in
Code
2
section
915.96.
3
The
bill
provides
that
a
victim
restitution
fund
is
4
established
as
a
separate
fund
in
the
state
treasury.
Moneys
5
deposited
in
the
fund
will
be
administered
by
the
department
6
and
used
for
the
purposes
of
Code
section
910.1(6),
which
7
concerns
restitution
for
“pecuniary
damages”.
“Pecuniary
8
damages”
means
all
damages
to
the
extent
not
paid
by
an
insurer
9
on
an
insurance
claim
by
a
victim,
which
a
victim
could
recover
10
against
the
offender
in
a
civil
action
arising
out
of
the
11
same
facts
or
event,
except
punitive
damages
and
damages
for
12
pain,
suffering,
mental
anguish,
and
loss
of
consortium,
and
13
includes
damages
for
wrongful
death
and
expenses
incurred
for
14
psychiatric
or
psychological
services
or
counseling
or
other
15
counseling
for
the
victim
which
became
necessary
as
a
direct
16
result
of
the
criminal
activity.
17
The
bill
provides
that
notwithstanding
Code
section
8.33,
18
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
does
not
19
revert
to
the
general
fund
of
the
state.
20
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