Bill > SF411

This bill modifies the legal definition of "pecuniary damages" in Iowa's criminal restitution law by removing the provision that previously excluded amounts already paid by an insurance claim. Specifically, the bill changes the language to eliminate the phrase "to the extent not paid by an insurer on an insurance claim by the victim," which means that insurance payments will no longer be subtracted from the total pecuniary damages a victim can recover in a criminal restitution case. The definition of pecuniary damages remains otherwise unchanged, continuing to include damages that a victim could recover in a civil action arising from the same incident, with exceptions for punitive damages and damages related to pain, suffering, mental anguish, and loss of consortium. The bill maintains the provision that pecuniary damages include damages for wrongful death and expenses for psychiatric, psychological, or other counseling that became necessary as a direct result of criminal activity. This modification could potentially increase the total restitution amount a victim might receive by allowing recovery of damages already covered by insurance.

Justice

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF411