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Bill > HF751
IA HF751
IA HF751A bill for an act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.
summary
Introduced
03/05/2025
03/05/2025
In Committee
03/05/2025
03/05/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to the disposition of collected criminal case fines. Current law provides that the clerk of the district court shall distribute the fine amount for a criminal violation that occurred within the boundaries of a county as follows: 32 percent to the state court administrator and 9 percent to the county treasurer for deposit in the county general fund where the violation occurred. The bill provides that the fine amount for a criminal violation that occurred within the boundaries of a county shall be distributed as follows: percent to the state court administrator, 8 percent to the county treasurer for deposit in the county general fund where the violation occurred, and 7 percent to the victim restitution fund established in the bill. The bill provides that a victim restitution fund is established as a separate fund in the state treasury. Moneys deposited in the fund will be administered by the department of justice and used for the purposes of Code section 910.1(6), which concerns restitution for “pecuniary damages”, and for restitution for the death of a victim pursuant to Code section 910.3B. “Pecuniary damages” means all damages to the extent not paid by an insurer on an insurance claim by a victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium, and includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling or other counseling for the victim, which became necessary as a direct result of the criminal activity. Code section 910.3B provides for the payment of at least $150,000 to a victim’s estate or a victim’s heirs in addition to pecuniary damages. The bill provides that notwithstanding Code section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated.
AI Summary
This bill modifies how criminal case fine revenues are distributed and establishes a new victim restitution fund. Specifically, the legislation changes the percentage breakdown of fine collections: reducing the state court administrator's share from 91% to 85%, decreasing the county treasurer's share from 9% to 8%, and introducing a new 7% allocation to a newly created victim restitution fund. The new victim restitution fund will be maintained in the state treasury and administered by a department, with funds dedicated to supporting victim restitution purposes, particularly for cases involving victim deaths. The bill ensures that any unspent funds in this account will not revert back to the general fund at the end of a fiscal year but will remain available for future victim restitution needs. This change aims to provide more direct financial support for crime victims by earmarking a specific portion of criminal fine revenues for their compensation and support.
Committee Categories
Budget and Finance
Sponsors (1)
Last Action
Introduced, referred to Ways and Means. H.J. 513. (on 03/05/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF751 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF751.html |
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