Bill Text: IA HF2475 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to victim restitution and the rights of human trafficking victims.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-02-13 - Introduced, referred to Judiciary. H.J. 251. [HF2475 Detail]

Download: Iowa-2023-HF2475-Introduced.html

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House File 2475 - Introduced
HOUSE FILE 2475
BY MADISON , BAGNIEWSKI ,
STECKMAN , BROWN-POWERS ,
EHLERT , CAHILL , BUCK ,
CROKEN , and WILBURN
A BILL FOR
An Act relating to victim restitution and the rights of human
trafficking victims.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 2475
Section 1. Section 910.3B, subsection 1, Code 2024, is
amended to read as follows:
1. In all criminal cases in which the offender is convicted
of a felony in which the act or acts committed by the offender
caused the death of another person, in addition to the amount
determined to be payable and ordered to be paid to a victim
for pecuniary damages, as defined under section 910.1 , and
determined under section 910.3 , the court shall may also
order the offender to pay at least one hundred fifty thousand
dollars in restitution to the victim’s estate if the victim
died testate. If the victim died intestate , the court shall
may order the offender to pay the restitution to the victim’s
heirs at law as determined pursuant to section 633.210 . In
determining whether to order the offender to pay restitution to
the victim’s estate or the victim’s heirs at law, the court may
consider any criminal offenses committed by the victim against
the offender. The obligation to pay the additional amount
shall not be dischargeable in any proceeding under the federal
Bankruptcy Act. Payment of the additional amount shall have
the same priority as payment of a victim’s pecuniary damages
under section 910.2 , in the offender’s plan for restitution.
Sec. 2. Section 915.100, subsection 2, paragraph c, Code
2024, is amended to read as follows:
c. In cases where the act committed by an offender causes
the death of another person, in addition to the amount ordered
for payment of the victim’s pecuniary damages, the court shall
may also order the offender to pay at least one hundred fifty
thousand dollars in restitution to the victim’s estate or heirs
at law, pursuant to the provisions of section 910.3B .
Sec. 3. Section 915.51, Code 2024, is amended to read as
follows:
915.51 General rights of human trafficking victims.
Victims of human trafficking, as defined in section 710A.1 ,
shall have the same rights as other victims of a crime,
including the right to receive victim compensation pursuant to
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H.F. 2475
section 915.84 , regardless of their immigration status.
1. In addition to other victim rights provided in this
chapter, including the right to receive victim compensation
pursuant to section 915.84 and the right to exert victim
counseling privileges pursuant to section 915.20A, victims of a
crime described in section 710A.2, 710A.2A, or 710A.2B shall
have the following rights without regard to their immigration
status:
a. The right to receive prompt medical care including mental
health care, food, shelter, and other assistance, if necessary.
b. The right to have access to legal assistance and
translation services, if necessary.
c. The right to receive reasonable police protection if
a victim’s safety is at risk or if there is any danger of
additional harm, including measures to protect victims and
their family members from intimidation and threats of reprisals
from traffickers and their associates.
d. The right not to have their names and identifying
information and the names and identifying information of their
family members disclosed to the public.
2. The departments of health and human services, human
rights, public safety, justice, and other state agencies shall
provide the requisite services to assist in the administration
of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to victim restitution and the rights of
human trafficking victims.
Current law provides that in all criminal cases in which
the offender is convicted of a felony in which the act or acts
committed by the offender caused the death of another person,
the court shall order the offender to pay at least $150,000 in
restitution to the victim’s estate or to the victim’s heirs at
law.
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H.F. 2475
The bill provides that in all criminal cases in which the
offender is convicted of a felony in which the act or acts
committed by the offender caused the death of another person,
the court may order the offender to pay at least $150,000 in
restitution to the victim’s estate or to the victim’s heirs
at law dependent on whether the victim died with or without a
will. In determining whether to order that restitution be paid
to the victim’s estate or the victim’s heirs at law, the court
may consider any criminal offenses committed by the victim
against the offender.
The bill provides that in addition to other victim rights
provided in Code chapter 915, including the right to receive
victim compensation pursuant to Code section 915.84 and the
right to exert victim counseling privileges pursuant to Code
section 915.20A, victims without regard to their immigration
status shall have the right to receive prompt medical care
including mental health care, food, shelter, and other
assistance; the right to have access to legal assistance
and translation services; the right to receive reasonable
police protection; and the right to not have their names and
identifying information and that of their family members
disclosed to the public.
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