Bill Text: IA SF2165 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 2165 (Prior Session Legislation)

Bill Title: A bill for an act concerning payments under the crime victim compensation program. (Formerly SSB 3038.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-04-11 - Signed by Governor. S.J. 918. [SF2165 Detail]

Download: Iowa-2017-SF2165-Enrolled.html

Senate File 2165 - Enrolled

SENATE FILE
BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB
3038)
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A BILL FOR
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Senate File 2165

AN ACT
CONCERNING PAYMENTS UNDER THE CRIME VICTIM COMPENSATION
PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 915.80, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 7A. "Survivor of a deceased victim" means a
survivor who is a spouse, former spouse, child, foster child,
parent, legal guardian, foster parent, stepparent, sibling, or
foster sibling of a victim, or a person cohabiting with, or
otherwise related by blood or affinity to, a victim, if the
victim dies as a result of a crime, a good=faith effort to
prevent the commission of a crime, or a good=faith effort to
apprehend a person suspected of committing a crime.
Sec. 2. Section 915.86, subsections 4, 8, 9, 10, 11, 13, 14,
15, and 16, Code 2018, are amended to read as follows:
4. Loss of income from work that the victim, the victim's
parent or caretaker, or the survivor of a homicide deceased
victim as described in subsection 10 would have performed and
for which that person would have received remuneration, where
the loss of income is a direct result of cooperation with
the investigation and prosecution of the crime or attendance
at criminal justice proceedings including the trial and
sentencing in the case, or due to the planning of or attendance
at a funeral, memorial, or burial service, not to exceed one
thousand dollars per person.
8. In the event of a victim's death, reasonable charges
incurred for counseling the victim's spouse, children, parents,
siblings, or persons cohabiting with or related by blood
or affinity to the a survivor of a deceased victim if the
counseling services are provided by a psychologist licensed
under chapter 154B, a victim counselor as defined in section
915.20A, subsection 1, or an individual holding at least a
master's degree in social work or counseling and guidance, and
reasonable charges incurred by such persons for medical care
counseling provided by a psychiatrist licensed under chapter
148. The allowable charges under this subsection shall not
exceed five thousand dollars per person.
9. In the event of a homicide victim's death, reasonable
charges incurred for health care for the victim's spouse;
child, foster child, stepchild, son=in=law, or daughter=in=law;
parent, foster parent, or stepparent; sibling, foster sibling,
stepsibling, brother=in=law, or sister=in=law; grandparent;
grandchild; aunt, uncle, or first cousin; legal ward; or person
cohabiting with the a survivor of a deceased victim, not to
exceed three thousand dollars per survivor.
10. In the event of a homicide victim's death, loss of
income from work that, but for the death of the victim, would
have been earned by the victim's spouse; child, foster child,
stepchild, son=in=law, or daughter=in=law; parent, foster
parent, or stepparent; sibling, foster sibling, stepsibling,
brother=in=law, or sister=in=law; grandparent; grandchild;
aunt, uncle, or first cousin; legal ward; or person cohabiting
with the a survivor of a deceased victim, not to exceed six
thousand dollars.
11. Reasonable expenses incurred by the victim, secondary
victim, or survivor of a deceased victim for cleaning the scene
of a crime, if the scene is a residence, not to exceed one
thousand dollars per crime scene.
13. Reasonable dependent care expenses incurred by the
victim, the victim's parent or caretaker, or the survivor of a
homicide deceased victim as described in subsection 10 for the
care of dependents while attending criminal justice proceedings
or, medical or counseling services, or funeral, burial, or
memorial services, not to exceed one thousand dollars per
person.
14. Reasonable crime=related expenses incurred by a victim,
the victim's parent or caretaker, or the a survivor of a
homicide deceased victim as described in subsection 10 to
replace inadequate or damaged or install new locks, windows,
and other residential security items at the victim's residence
or at the residential scene of a crime, not to exceed five
hundred dollars per residence.
15. Reasonable expenses incurred by the victim, a secondary
victim, the parent or guardian of a victim, or the a survivor
of a homicide deceased victim as described in subsection 10 for
transportation to medical, or counseling services, funeral, or
criminal justice proceedings, or a funeral, memorial, or burial
service, not to exceed one thousand dollars per person.
16. Reasonable charges incurred by a victim, a secondary
victim, the a survivor of a homicide deceased victim as
described in subsection 9, or by a victim service program on
behalf of a victim, for emergency relocation expenses, not to
exceed one thousand dollars per person per lifetime.
Sec. 3. Section 915.86, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 18. a. Additional compensation to a
victim, secondary victim, or survivor of a deceased victim in
an amount not to exceed a total of five thousand dollars per
person for charges, expenses, or loss of income incurred that
would otherwise be compensable under this section but for the
eligibility requirements and compensation limits provided for
at the time of initial application for compensation under this
section under the following circumstances:
(1) The charges, expenses, or loss of income incurred were
not compensable under this section at the time of initial
application for compensation under this section.
(2) The victim, secondary victim, or survivor of a deceased
victim demonstrates that a denial of additional compensation
under this subsection would constitute an undue hardship.
(3) The victim, secondary victim, or survivor of a deceased
victim incurs additional charges, expenses, or loss of income
upon occurrence of a new event related to the event authorizing
compensation under this section that would otherwise be
compensable under this section but for the compensation
limits provided for the applicable compensation category. For
purposes of this subparagraph, "new event" includes additional
criminal justice proceedings due to a mistrial, retrial, or
separate or additional trials resulting from the existence of
multiple offenders; a new appellate court decision relating to
the event authorizing compensation under this section; a change
of venue of a trial; a change in offender custody status; the
death of the offender; or the exoneration of the offender.
b. Additional compensation otherwise authorized by this
subsection shall not be awarded for an application for
compensation under subsection 7, 16, or 17.

CHARLES SCHNEIDE

LINDA UPMEYER

W. CHARLES SMITH

KIM REYNOLDS

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