Bill Text: IA SF208 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning payments under the crime victim compensation program. (See SF 276.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-08 - Subcommittee: Kinney, Shipley, and Sinclair. S.J. 244. [SF208 Detail]
Download: Iowa-2017-SF208-Introduced.html
Senate File 208 - Introduced SENATE FILE BY KINNEY A BILL FOR 1 An Act concerning payments under the crime victim compensation 2 program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1190XS (6) 87 ec/nh PAG LIN 1 1 Section 1. Section 915.80, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 7A. "Survivor of a deceased victim" means 1 4 a spouse, former spouse, child, foster child, parent, legal 1 5 guardian, foster parent, sibling, foster sibling, or person 1 6 cohabiting with, or otherwise related by blood or affinity, 1 7 of a victim who dies as a result of a crime, a good=faith 1 8 effort attempting to prevent a crime, or a good=faith effort to 1 9 apprehend a person suspected of committing a crime. 1 10 Sec. 2. Section 915.86, subsections 4, 8, 9, 10, 11, 13, 14, 1 11 15, and 16, Code 2017, are amended to read as follows: 1 12 4. Loss of income from work that the victim, the victim's 1 13 parent or caretaker, or the survivor of ahomicidedeceased 1 14 victimas described in subsection 10would have performed and 1 15 for which that person would have received remuneration, where 1 16 the loss of income is a direct result of cooperation with 1 17 the investigation and prosecution of the crime or attendance 1 18 at criminal justice proceedings including the trial and 1 19 sentencing in the case, or due to the planning of or attendance 1 20 at a funeral, memorial, or burial service, not to exceed one 1 21 thousand dollars per person. 1 22 8. In the event of a victim's death, reasonable charges 1 23 incurred for counselingthe victim's spouse, children, parents, 1 24 siblings, or persons cohabiting with or related by blood 1 25 or affinity to thea survivor of a deceased victim if the 1 26 counseling services are provided by a psychologist licensed 1 27 under chapter 154B, a victim counselor as defined in section 1 28 915.20A, subsection 1, or an individual holding at least a 1 29 master's degree in social work or counseling and guidance, and 1 30 reasonable charges incurred by such persons for medical care 1 31 counseling provided by a psychiatrist licensed under chapter 1 32 148. The allowable charges under this subsection shall not 1 33 exceed five thousand dollars per person. 1 34 9. In the event of ahomicidevictim's death, reasonable 1 35 charges incurred for health care forthe victim's spouse; 2 1 child, foster child, stepchild, son=in=law, or daughter=in=law; 2 2 parent, foster parent, or stepparent; sibling, foster sibling, 2 3 stepsibling, brother=in=law, or sister=in=law; grandparent; 2 4 grandchild; aunt, uncle, or first cousin; legal ward; or person 2 5 cohabiting with thea survivor of a deceased victim, not to 2 6 exceed three thousand dollars per survivor. 2 7 10. In the event of ahomicidevictim's death, loss of 2 8 income from work that, but for the death of the victim, would 2 9 have been earned bythe victim's spouse; child, foster child, 2 10 stepchild, son=in=law, or daughter=in=law; parent, foster 2 11 parent, or stepparent; sibling, foster sibling, stepsibling, 2 12 brother=in=law, or sister=in=law; grandparent; grandchild; 2 13 aunt, uncle, or first cousin; legal ward; or person cohabiting 2 14 with thea survivor of a deceased victim, not to exceed six 2 15 thousand dollars. 2 16 11. Reasonable expenses incurred by the victim, secondary 2 17 victim, or survivor of a deceased victim for cleaning the scene 2 18 of a crime, if the scene is a residence, not to exceed one 2 19 thousand dollars per crime scene. 2 20 13. Reasonable dependent care expenses incurred by the 2 21 victim, the victim's parent or caretaker, or the survivor of a 2 22homicidedeceased victimas described in subsection 10for the 2 23 care of dependents while attending criminal justice proceedings 2 24or, medical or counseling services, or funeral, burial, or 2 25 memorial services, not to exceed one thousand dollars per 2 26 person. 2 27 14. Reasonable crime=related expenses incurred by a victim, 2 28 the victim's parent or caretaker, orthea survivor of a 2 29homicidedeceased victimas described in subsection 10to 2 30 replace inadequate or damaged or install new locks, windows, 2 31 and other residential security itemsat the victim's residence 2 32 or at the residential scene of a crime, not to exceed five 2 33 hundred dollars per residence. 2 34 15. Reasonable expenses incurred by the victim, a secondary 2 35 victim, the parent or guardian of a victim, orthea survivor 3 1 of ahomicidedeceased victimas described in subsection 10for 3 2 transportation to medical,or counseling services,funeral, or3 3 criminal justice proceedings, or a funeral, memorial, or burial 3 4 service, not to exceed one thousand dollars per person. 3 5 16. Reasonable charges incurred by a victim, a secondary 3 6 victim,thea survivor of ahomicidedeceased victimas 3 7 described in subsection 9, or by a victim service program on 3 8 behalf of a victim, for emergency relocation expenses, not to 3 9 exceed one thousand dollars per person per lifetime. 3 10 Sec. 3. Section 915.86, Code 2017, is amended by adding the 3 11 following new subsection: 3 12 NEW SUBSECTION. 18. a. A victim, secondary victim, 3 13 or survivor of a deceased victim may be awarded additional 3 14 compensation in an amount not to exceed a total of five 3 15 thousand dollars per person for charges, expenses, or loss of 3 16 income incurred that would otherwise be compensable under this 3 17 section but for the eligibility requirements and compensation 3 18 limits provided for at the time of initial application 3 19 for compensation under this section under the following 3 20 circumstances: 3 21 (1) The charges, expenses, or loss of income incurred were 3 22 not compensable under this section at the time of initial 3 23 application for compensation under this section. 3 24 (2) The victim, secondary victim, or survivor of a deceased 3 25 victim demonstrates that a denial of additional compensation 3 26 under this subsection would constitute an undue hardship. 3 27 (3) The victim, secondary victim, or survivor of a deceased 3 28 victim incurs additional charges, expenses, or loss of income 3 29 that would otherwise be compensable under this section but 3 30 for the compensation limits provided for the applicable 3 31 compensation category upon occurrence of a new event related 3 32 to the event authorizing compensation under this section. For 3 33 purposes of this subparagraph, "new event" includes additional 3 34 criminal justice proceedings due to a mistrial, retrial, or 3 35 separate or additional trials resulting from the existence of 4 1 multiple offenders; a new appellate court decision relating to 4 2 the event authorizing compensation under this section; a change 4 3 of venue of a trial; a change in offender custody status; the 4 4 death of the offender; or the exoneration of the offender. 4 5 b. Additional compensation otherwise authorized by this 4 6 subsection shall not be awarded for an application for 4 7 compensation under subsection 7, 16, or 17. 4 8 EXPLANATION 4 9 The inclusion of this explanation does not constitute agreement with 4 10 the explanation's substance by the members of the general assembly. 4 11 This bill concerns compensation payable under the victim 4 12 compensation program. 4 13 Code section 915.80 is amended to add a definition for a 4 14 survivor of a deceased victim and provides that a survivor 4 15 includes a spouse, former spouse, child, foster child, parent, 4 16 legal guardian, foster parent, sibling, foster sibling, or 4 17 person cohabiting with, or related by blood or affinity, of a 4 18 deceased victim. 4 19 Code section 915.86, concerning computation of compensation 4 20 under the victim compensation program, is amended. 4 21 The bill amends provisions concerning reimbursement of loss 4 22 of income from work to allow reimbursement for attending or 4 23 planning the funeral of the deceased victim. In addition, the 4 24 bill provides that the compensation limit under this category 4 25 is $1,000 per person. 4 26 The bill amends provisions concerning reimbursement for 4 27 cleaning the scene of the crime to strike the limitation that 4 28 the cleaning be limited to a crime scene that is a residence, 4 29 and provides that the compensation limit of $1,000 applies per 4 30 crime scene. 4 31 The provisions concerning dependent care expenses are 4 32 amended to allow compensation for attending funeral, burial, or 4 33 memorial services. 4 34 The bill amends provisions concerning reimbursement for 4 35 certain security items to allow reimbursement to replace 5 1 inadequate or damaged or install new locks, windows, and 5 2 residential security items instead of just to replace these 5 3 items. 5 4 The provisions concerning reimbursement for certain 5 5 transportation costs is amended to allow compensation for 5 6 transportation to a funeral, memorial, or burial service. 5 7 The bill adds a new provision to provide additional 5 8 compensation of up to a total of $5,000 for qualifying 5 9 compensable expenses under the Code section if the expenses 5 10 were not eligible for compensation at the time the initial 5 11 application for benefits was made; the victim, secondary 5 12 victim, or survivor of a deceased victim demonstrates that a 5 13 denial of additional compensation would constitute an undue 5 14 hardship; or additional compensable qualifying expenses are 5 15 incurred following a new event. The bill defines "new event" 5 16 to include additional criminal justice proceedings, a new 5 17 appellate court decision relating to the event, a change of 5 18 venue of a trial, a change in offender custody status, the 5 19 death of the offender, or the exoneration of the offender. The 5 20 new provision further provides that expenses related to loss 5 21 of support or charges incurred by a victim service program for 5 22 emergency relocation expenses or housing assistance are not 5 23 eligible for additional compensation. LSB 1190XS (6) 87 ec/nh