Read the full stored bill text
House
File
1007
-
Introduced
HOUSE
FILE
1007
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
319)
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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1007
Section
1.
Section
602.8106,
subsection
4,
paragraph
b,
1
Code
2025,
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
12
fund
in
the
state
treasury.
Moneys
deposited
in
the
fund
13
shall
be
administered
by
the
department
and
dedicated
to
14
and
used
for
the
purposes
of
section
910.1,
subsection
6,
15
and
for
restitution
for
the
death
of
a
victim
under
section
16
910.3B.
The
fund
shall
consist
of
moneys
deposited
into
the
17
fund
pursuant
to
section
602.8106,
subsection
4,
paragraph
18
“b”
,
subparagraph
(3),
and
appropriations
made
to
the
fund.
19
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
20
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
21
not
revert
but
shall
remain
available
for
expenditure
for
the
22
purposes
designated.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
disposition
of
collected
criminal
27
case
fines.
28
Current
law
provides
that
the
clerk
of
the
district
court
29
shall
distribute
the
fine
amount
for
a
criminal
violation
that
30
occurred
within
the
boundaries
of
a
county
as
follows:
91
31
percent
to
the
state
court
administrator
and
9
percent
to
the
32
county
treasurer
for
deposit
in
the
county
general
fund
where
33
the
violation
occurred.
34
The
bill
provides
that
the
fine
amount
for
a
criminal
35
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violation
that
occurred
within
the
boundaries
of
a
county
shall
1
be
distributed
as
follows:
85
percent
to
the
state
court
2
administrator,
8
percent
to
the
county
treasurer
for
deposit
3
in
the
county
general
fund
where
the
violation
occurred,
and
7
4
percent
to
the
victim
restitution
fund
established
in
the
bill.
5
The
bill
provides
that
a
victim
restitution
fund
is
6
established
as
a
separate
fund
in
the
state
treasury.
Moneys
7
deposited
in
the
fund
will
be
administered
by
the
department
8
of
justice
and
used
for
the
purposes
of
Code
section
910.1(6),
9
which
concerns
restitution
for
“pecuniary
damages”,
and
for
10
restitution
for
the
death
of
a
victim
pursuant
to
Code
section
11
910.3B.
“Pecuniary
damages”
means
all
damages
to
the
extent
12
not
paid
by
an
insurer
on
an
insurance
claim
by
a
victim,
13
which
a
victim
could
recover
against
the
offender
in
a
civil
14
action
arising
out
of
the
same
facts
or
event,
except
punitive
15
damages
and
damages
for
pain,
suffering,
mental
anguish,
and
16
loss
of
consortium,
and
includes
damages
for
wrongful
death
and
17
expenses
incurred
for
psychiatric
or
psychological
services
or
18
counseling
or
other
counseling
for
the
victim,
which
became
19
necessary
as
a
direct
result
of
the
criminal
activity.
Code
20
section
910.3B
provides
for
the
payment
of
at
least
$150,000
to
21
a
victim’s
estate
or
a
victim’s
heirs
in
addition
to
pecuniary
22
damages.
23
The
bill
provides
that
notwithstanding
Code
section
8.33,
24
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
25
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
26
available
for
expenditure
for
the
purposes
designated.
27
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