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Bill > HF1007


IA HF1007

IA HF1007
A bill for an act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.(Formerly HSB 319.)


summary

Introduced
04/14/2025
In Committee
04/23/2025
Crossed Over
04/23/2025
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 the distribution of criminal case fine revenues and establishes a new victim restitution fund. Currently, 91% of criminal case fines go to the state court administrator and 9% go to the county general fund. Under the new bill, the distribution will change to 85% to the state court administrator, 8% to the county general fund, and 7% to a newly created victim restitution fund. This fund will be maintained in the state treasury and administered by the department of justice. The funds can be used for two specific purposes: compensating victims for pecuniary damages (which includes expenses like psychiatric counseling and wrongful death costs, but excludes pain and suffering damages) and providing restitution for victims' deaths. Notably, the bill includes a provision that any unspent money in the fund at the end of a fiscal year will not be returned to the general fund but will remain available for future victim support. This change aims to provide more targeted financial support for crime victims and their families by creating a dedicated funding stream for restitution and support services.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Ways and Means (House)

Last Action

Senate Ways and Means Subcommittee (08:30:00 5/1/2025 Senate Lounge) (on 05/01/2025)

bill text


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