Senate
File
2111
-
Introduced
SENATE
FILE
2111
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3055)
A
BILL
FOR
An
Act
relating
to
crime
victims,
including
restitution
plan
1
hearings,
crime
victim
compensation,
and
the
identity
theft
2
passport
program.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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5291SV
(2)
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S.F.
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Section
1.
Section
715A.9A,
subsection
1,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
Is
a
victim
of
identity
theft
in
this
state
as
described
3
in
section
715A.8
or
is
a
resident
of
this
state
who
is
a
victim
4
of
identity
theft
.
5
Sec.
2.
Section
910.7,
subsections
2
and
3,
Code
2011,
are
6
amended
to
read
as
follows:
7
2.
After
a
petition
has
been
filed,
the
court,
at
any
time
8
prior
to
the
expiration
of
the
offender’s
sentence,
provided
9
the
required
notice
has
been
given
pursuant
to
subsection
10
3
,
may
hold
a
hearing
and
modify
the
plan
of
restitution
or
11
the
restitution
plan
of
payment,
or
both,
and
may
extend
12
the
period
of
time
for
the
completion
of
restitution.
If
a
13
hearing
involving
the
crime
victim
compensation
program
is
14
conducted,
an
employee
of
the
crime
victim
compensation
program
15
or
the
attorney
for
the
crime
victim
compensation
program
may
16
participate
by
telephone.
17
3.
If
a
petition
related
to
a
plan
of
restitution
has
18
been
filed,
the
offender,
the
county
attorney,
the
department
19
of
corrections
if
the
offender
is
currently
confined
in
a
20
correctional
institution,
the
office
or
individual
who
prepared
21
the
offender’s
restitution
plan,
other
witnesses,
and
the
22
victim
shall
receive
notice
prior
to
any
hearing
under
this
23
section
.
24
Sec.
3.
Section
915.80,
subsection
2,
Code
2011,
is
amended
25
to
read
as
follows:
26
2.
a.
“Crime”
means
any
of
the
following:
27
(1)
conduct
Conduct
that
occurs
or
is
attempted
in
this
28
state,
poses
a
substantial
threat
of
personal
injury
or
death,
29
and
is
punishable
as
a
felony
or
misdemeanor,
or
would
be
so
30
punishable
but
for
the
fact
that
the
person
engaging
in
the
31
conduct
lacked
the
capacity
to
commit
the
crime
under
the
laws
32
of
this
state.
33
(2)
A
violation
of
section
715A.8.
34
(3)
The
financial
exploitation
of
a
person
who
is
sixty-five
35
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2111
years
of
age
or
older
or
is
a
dependent
adult
as
defined
1
in
section
235B.2.
For
the
purposes
of
this
subparagraph,
2
“financial
exploitation”
means
the
criminal
act
or
process
of
3
taking
unfair
advantage
of
a
person
for
one’s
own
personal
or
4
pecuniary
profit,
without
the
informed
consent
of
the
person,
5
including
theft,
by
the
use
of
undue
influence,
harassment,
6
duress,
deception,
false
representation,
false
pretenses,
7
forgery,
fraudulent
practices,
or
securities
fraud.
8
b.
“Crime”
does
not
include
conduct
arising
out
of
the
9
ownership,
maintenance,
or
use
of
a
motor
vehicle,
motorcycle,
10
motorized
bicycle,
train,
boat,
or
aircraft
except
for
11
violations
of
section
321.261
,
321.277
,
321J.2
,
462A.7
,
12
462A.12
,
462A.14
,
or
707.6A
,
or
when
the
intention
is
to
cause
13
personal
injury
or
death.
14
c.
A
license
revocation
under
section
321J.9
or
321J.12
15
shall
be
considered
by
the
department
as
evidence
of
a
16
violation
of
section
321J.2
for
the
purposes
of
this
17
subchapter
.
A
license
suspension
or
revocation
under
section
18
462A.14
,
462A.14B
,
or
462A.23
shall
be
considered
by
the
19
department
as
evidence
of
a
violation
of
section
462A.14
for
20
the
purposes
of
this
subchapter
.
21
Sec.
4.
Section
915.80,
Code
2011,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
4A.
“Homicide
victim
survivor”
means
any
24
of
the
following:
25
a.
A
homicide
victim’s
spouse,
parent,
child,
grandparent,
26
aunt,
uncle,
niece,
nephew,
sibling,
grandchild,
first
cousin,
27
great-grandparent,
great-aunt,
great-uncle,
great-niece,
28
great-nephew,
great-grandchild,
fiance,
legal
custodian,
29
legal
ward,
legal
guardian,
step-parent,
step-child,
30
step-sibling,
step-grandparent,
step-aunt,
step-uncle,
31
step-grandchild,
step-niece,
step-nephew,
step-first-cousin,
32
step-great-grandchild,
step-great-grandparent,
foster
child,
33
foster
parent,
foster
sibling,
brother-in-law,
sister-in-law,
34
mother-in-law,
father-in-law,
daughter-in-law,
son-in-law,
35
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step-brother-in-law,
step-sister-in-law,
step-mother-in-law,
1
step-father-in-law,
step-daughter-in-law,
or
step-son-in-law.
2
b.
The
spouses
of
persons
identified
in
paragraph
“a”
.
3
c.
A
former
intimate
partner
of
a
homicide
victim
who
has
4
legal
guardianship
of
the
victim’s
children.
5
d.
A
person
cohabiting
with
a
homicide
victim
at
the
time
6
of
the
crime.
7
Sec.
5.
Section
915.86,
subsections
3,
4,
9,
10,
13,
14,
and
8
15,
Code
Supplement
2011,
are
amended
to
read
as
follows:
9
3.
Loss
of
reasonable
income
from
work
that
the
victim’s
10
parent
or
caretaker
a
secondary
victim
would
have
performed
and
11
for
which
the
victim’s
parent
or
caretaker
a
secondary
victim
12
would
have
received
remuneration
for
up
to
three
days
after
13
the
crime
or
the
discovery
of
the
crime
to
allow
the
victim’s
14
parent
or
caretaker
a
secondary
victim
to
assist
the
victim
15
and
when
the
victim’s
parent
or
caretaker
a
secondary
victim
16
accompanies
the
victim
to
medical
and
counseling
services,
17
not
to
exceed
one
thousand
dollars
per
parent
or
caretaker
18
secondary
victim
.
19
4.
Loss
of
reasonable
income
from
work
that
the
victim,
the
20
victim’s
parent
or
caretaker,
or
the
survivor
of
a
homicide
21
victim
as
described
in
subsection
10
a
secondary
victim,
or
a
22
homicide
victim
survivor
would
have
performed
and
for
which
23
that
person
would
have
received
remuneration,
where
the
loss
of
24
income
is
a
direct
result
of
cooperation
with
the
investigation
25
and
prosecution
of
the
crime
or
attendance
at
medical
or
26
counseling
services,
funerals,
or
criminal
justice
proceedings
27
including
the
trial
and
sentencing
in
the
case,
not
to
exceed
28
one
thousand
dollars
per
person
.
29
9.
In
the
event
of
a
homicide,
reasonable
charges
incurred
30
for
health
care
for
the
victim’s
spouse;
child,
foster
child,
31
stepchild,
son-in-law,
or
daughter-in-law;
parent,
foster
32
parent,
or
stepparent;
sibling,
foster
sibling,
stepsibling,
33
brother-in-law,
or
sister-in-law;
grandparent;
grandchild;
34
aunt,
uncle,
or
first
cousin;
legal
ward;
or
person
cohabiting
35
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with
the
victim,
a
homicide
victim
survivor,
not
to
exceed
1
three
thousand
dollars
per
homicide
victim
survivor.
2
10.
In
the
event
of
a
homicide,
loss
of
reasonable
income
3
from
work
that,
but
for
the
death
of
the
victim,
would
have
4
been
earned
by
the
victim’s
spouse;
child,
foster
child,
5
stepchild,
son-in-law,
or
daughter-in-law;
parent,
foster
6
parent,
or
stepparent;
sibling,
foster
sibling,
stepsibling,
7
brother-in-law,
or
sister-in-law;
grandparent;
grandchild;
8
aunt,
uncle,
or
first
cousin;
legal
ward;
or
person
cohabiting
9
with
the
victim
a
homicide
victim
survivor
,
not
to
exceed
six
10
thousand
dollars
per
homicide
victim
survivor
.
11
13.
Reasonable
dependent
care
expenses
incurred
by
the
12
victim,
the
victim’s
parent
or
caretaker,
or
the
survivor
of
13
a
homicide
victim
as
described
in
subsection
10
a
secondary
14
victim,
or
a
homicide
victim
survivor
for
the
care
of
15
dependents
while
attending
medical
or
counseling
services,
16
funerals,
or
criminal
justice
proceedings
or
medical
or
17
counseling
services
including
the
trial
and
sentencing
in
the
18
case
,
not
to
exceed
one
thousand
dollars
per
person.
19
14.
Reasonable
expenses
incurred
by
a
victim,
the
victim’s
20
parent
or
caretaker,
or
the
survivor
of
a
homicide
victim
as
21
described
in
subsection
10
a
secondary
victim,
or
a
homicide
22
victim
survivor
to
replace
or
install
locks,
windows,
and
other
23
residential
security
items
at
the
victim’s
or
homicide
victim
24
survivor’s
residence
or
at
the
residential
scene
of
a
crime,
25
not
to
exceed
five
hundred
dollars
per
residence.
26
15.
Reasonable
expenses
incurred
by
the
victim,
a
secondary
27
victim,
the
parent
or
guardian
of
a
victim,
or
the
survivor
of
28
a
homicide
victim
as
described
in
subsection
10
or
a
homicide
29
victim
survivor
for
transportation
to
medical
,
or
counseling
30
services
,
funeral
funerals
,
or
criminal
justice
proceedings
31
including
the
trial
and
sentencing
in
the
case
,
not
to
exceed
32
one
thousand
dollars
per
person.
33
Sec.
6.
Section
915.87,
Code
2011,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
3.
Compensation
shall
not
be
made
to
a
1
secondary
victim
or
a
homicide
victim
survivor
if
the
victim
2
is
ineligible
for
compensation.
3
Sec.
7.
Section
915.94,
Code
2011,
is
amended
to
read
as
4
follows:
5
915.94
Victim
compensation
fund.
6
1.
A
victim
compensation
fund
is
established
as
a
separate
7
fund
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
8
be
administered
by
the
department
and
dedicated
to
and
used
9
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
10
addition,
the
department
may
use
moneys
from
the
fund
for
the
11
purpose
of
the
following:
12
a.
The
department’s
prosecutor-based
victim
service
13
coordination,
including
the
duties
defined
in
sections
910.3
14
and
910.6
and
this
chapter
,
.
15
b.
and
for
the
To
award
of
funds
to
programs
that
provide
16
services
and
support
to
victims
of
domestic
abuse
or
sexual
17
assault
as
provided
in
chapter
236
,
to
victims
under
section
18
710A.2
,
and
for
the
support
of
an
automated
victim
notification
19
system
established
in
section
915.10A
.
20
c.
To
implement
the
identity
theft
passport
program
21
established
by
rule
pursuant
to
section
715A.9A.
22
2.
The
department
may
also
use
up
to
one
hundred
thousand
23
dollars
from
the
fund
to
provide
training
for
victim
service
24
providers.
25
3.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
26
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
27
of
the
state.
28
EXPLANATION
29
This
bill
relates
to
crime
victims,
including
restitution
30
plan
hearings,
crime
victim
compensation,
and
the
identity
31
theft
passport
program.
32
The
bill
allows
for
the
issuance
of
an
identity
theft
33
passport
to
a
person
who
is
a
resident
of
Iowa
who
is
the
34
subject
of
identity
theft
outside
of
Iowa,
in
addition
to
35
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victims
of
identity
theft
in
Iowa.
1
The
bill
provides
that
if
a
hearing
involving
the
crime
2
victim
compensation
program
is
conducted,
an
employee
of
the
3
crime
victim
compensation
program
of
the
department
of
justice
4
or
the
program’s
attorney
may
participate
in
the
hearing
by
5
telephone.
The
bill
includes
witnesses
in
the
list
of
persons
6
and
entities
who
shall
receive
notice
that
a
petition
relating
7
to
a
plan
of
restitution
has
been
filed.
8
The
bill
expands
the
definition
of
a
“crime”
for
purposes
of
9
the
crime
victim
compensation
program
to
include
a
violation
10
of
Code
section
715A.8
(identity
theft)
and
the
financial
11
exploitation
of
a
person
who
is
65
or
older
or
who
is
a
12
dependent
adult
as
defined
in
Code
section
235B.2.
“Financial
13
exploitation”
means
the
criminal
act
or
process
of
taking
14
unfair
advantage
of
a
person
for
one’s
own
personal
or
15
pecuniary
profit,
without
the
informed
consent
of
the
person,
16
including
theft,
by
the
use
of
undue
influence,
harassment,
17
duress,
deception,
false
representation,
false
pretenses,
18
forgery,
fraudulent
practices,
or
securities
fraud.
19
The
bill
distinguishes
two
categories
of
persons
who
are
20
eligible
for
compensation
for
economic
losses
incurred
as
a
21
direct
result
of
an
injury
to
or
death
of
a
victim:
a
“homicide
22
victim
survivor”
(defined
in
the
bill)
and
a
“secondary
victim”
23
(defined
in
Code
section
915.80).
24
The
bill
specifies
that
a
loss
of
income
due
to
missed
work
25
days
for
various
categories
of
persons
who
may
be
awarded
crime
26
victim
compensation
shall
be
computed
based
upon
the
loss
of
27
reasonable
income.
The
bill
includes
an
award
of
compensation
28
for
such
income
for
missed
work
days
that
the
victim,
secondary
29
victim,
or
a
homicide
victim
survivor
would
have
performed
30
where
the
loss
of
income
is
due
to
attendance
at
medical
or
31
counseling
services
or
funerals,
in
addition
to
current
law
32
which
allows
compensation
in
such
cases
for
attendance
at
33
criminal
justice
proceedings.
The
bill
also
includes
an
award
34
of
compensation
for
reasonable
dependent
care
expenses
incurred
35
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by
a
victim,
secondary
victim,
or
a
homicide
survivor
due
to
1
attendance
at
funerals.
2
The
bill
provides
that
compensation
shall
not
be
made
to
a
3
secondary
victim
or
a
homicide
victim
survivor
if
the
victim
4
is
ineligible
for
compensation.
5
The
bill
allows
moneys
from
the
victim
compensation
fund
6
to
be
used
to
implement
the
identity
theft
passport
program
7
established
by
rule
pursuant
to
Code
section
715A.9A.
8
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7