Bill

Bill > HF2109


IA HF2109

IA HF2109
A bill for an act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.


summary

Introduced
01/16/2026
In Committee
01/16/2026
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 pecuniary damages pursuant to Code section 910.2, 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 fines are distributed by diverting a portion to a newly established victim restitution fund. Currently, a significant majority of collected fines go to the state court administrator and the county treasurer for their general funds. This bill reduces the percentage sent to the state court administrator from 91% to 85% and to the county treasurer from 9% to 8%, with the remaining 7% now being directed to the new victim restitution fund. This fund, managed by the department of justice, will be used to cover "pecuniary damages," which are defined as financial losses a victim suffers that aren't covered by insurance and that they could recover in a civil lawsuit, excluding pain and suffering, but including expenses for counseling and damages for wrongful death. The fund will also be used for restitution in cases of victim death, as outlined in a specific code section that mandates at least $150,000 for the victim's estate or heirs. Importantly, any money left in the fund at the end of a fiscal year will not be returned to the state treasury but will remain available for future use by the fund.

Committee Categories

Justice

Sponsors (17)

Last Action

Subcommittee recommends passage. (on 01/27/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...