Bill Text: IA HF2475 | 2023-2024 | 90th General Assembly | Introduced
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 - Dead) 2024-02-13 - Introduced, referred to Judiciary. H.J. 251. [HF2475 Detail]
Download: Iowa-2023-HF2475-Introduced.html
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
1
trafficking
victims.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
910.3B,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
In
all
criminal
cases
in
which
the
offender
is
convicted
3
of
a
felony
in
which
the
act
or
acts
committed
by
the
offender
4
caused
the
death
of
another
person,
in
addition
to
the
amount
5
determined
to
be
payable
and
ordered
to
be
paid
to
a
victim
6
for
pecuniary
damages,
as
defined
under
section
910.1
,
and
7
determined
under
section
910.3
,
the
court
shall
may
also
8
order
the
offender
to
pay
at
least
one
hundred
fifty
thousand
9
dollars
in
restitution
to
the
victim’s
estate
if
the
victim
10
died
testate.
If
the
victim
died
intestate
,
the
court
shall
11
may
order
the
offender
to
pay
the
restitution
to
the
victim’s
12
heirs
at
law
as
determined
pursuant
to
section
633.210
.
In
13
determining
whether
to
order
the
offender
to
pay
restitution
to
14
the
victim’s
estate
or
the
victim’s
heirs
at
law,
the
court
may
15
consider
any
criminal
offenses
committed
by
the
victim
against
16
the
offender.
The
obligation
to
pay
the
additional
amount
17
shall
not
be
dischargeable
in
any
proceeding
under
the
federal
18
Bankruptcy
Act.
Payment
of
the
additional
amount
shall
have
19
the
same
priority
as
payment
of
a
victim’s
pecuniary
damages
20
under
section
910.2
,
in
the
offender’s
plan
for
restitution.
21
Sec.
2.
Section
915.100,
subsection
2,
paragraph
c,
Code
22
2024,
is
amended
to
read
as
follows:
23
c.
In
cases
where
the
act
committed
by
an
offender
causes
24
the
death
of
another
person,
in
addition
to
the
amount
ordered
25
for
payment
of
the
victim’s
pecuniary
damages,
the
court
shall
26
may
also
order
the
offender
to
pay
at
least
one
hundred
fifty
27
thousand
dollars
in
restitution
to
the
victim’s
estate
or
heirs
28
at
law,
pursuant
to
the
provisions
of
section
910.3B
.
29
Sec.
3.
Section
915.51,
Code
2024,
is
amended
to
read
as
30
follows:
31
915.51
General
rights
of
human
trafficking
victims.
32
Victims
of
human
trafficking,
as
defined
in
section
710A.1
,
33
shall
have
the
same
rights
as
other
victims
of
a
crime,
34
including
the
right
to
receive
victim
compensation
pursuant
to
35
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section
915.84
,
regardless
of
their
immigration
status.
1
1.
In
addition
to
other
victim
rights
provided
in
this
2
chapter,
including
the
right
to
receive
victim
compensation
3
pursuant
to
section
915.84
and
the
right
to
exert
victim
4
counseling
privileges
pursuant
to
section
915.20A,
victims
of
a
5
crime
described
in
section
710A.2,
710A.2A,
or
710A.2B
shall
6
have
the
following
rights
without
regard
to
their
immigration
7
status:
8
a.
The
right
to
receive
prompt
medical
care
including
mental
9
health
care,
food,
shelter,
and
other
assistance,
if
necessary.
10
b.
The
right
to
have
access
to
legal
assistance
and
11
translation
services,
if
necessary.
12
c.
The
right
to
receive
reasonable
police
protection
if
13
a
victim’s
safety
is
at
risk
or
if
there
is
any
danger
of
14
additional
harm,
including
measures
to
protect
victims
and
15
their
family
members
from
intimidation
and
threats
of
reprisals
16
from
traffickers
and
their
associates.
17
d.
The
right
not
to
have
their
names
and
identifying
18
information
and
the
names
and
identifying
information
of
their
19
family
members
disclosed
to
the
public.
20
2.
The
departments
of
health
and
human
services,
human
21
rights,
public
safety,
justice,
and
other
state
agencies
shall
22
provide
the
requisite
services
to
assist
in
the
administration
23
of
this
section.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
victim
restitution
and
the
rights
of
28
human
trafficking
victims.
29
Current
law
provides
that
in
all
criminal
cases
in
which
30
the
offender
is
convicted
of
a
felony
in
which
the
act
or
acts
31
committed
by
the
offender
caused
the
death
of
another
person,
32
the
court
shall
order
the
offender
to
pay
at
least
$150,000
in
33
restitution
to
the
victim’s
estate
or
to
the
victim’s
heirs
at
34
law.
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The
bill
provides
that
in
all
criminal
cases
in
which
the
1
offender
is
convicted
of
a
felony
in
which
the
act
or
acts
2
committed
by
the
offender
caused
the
death
of
another
person,
3
the
court
may
order
the
offender
to
pay
at
least
$150,000
in
4
restitution
to
the
victim’s
estate
or
to
the
victim’s
heirs
5
at
law
dependent
on
whether
the
victim
died
with
or
without
a
6
will.
In
determining
whether
to
order
that
restitution
be
paid
7
to
the
victim’s
estate
or
the
victim’s
heirs
at
law,
the
court
8
may
consider
any
criminal
offenses
committed
by
the
victim
9
against
the
offender.
10
The
bill
provides
that
in
addition
to
other
victim
rights
11
provided
in
Code
chapter
915,
including
the
right
to
receive
12
victim
compensation
pursuant
to
Code
section
915.84
and
the
13
right
to
exert
victim
counseling
privileges
pursuant
to
Code
14
section
915.20A,
victims
without
regard
to
their
immigration
15
status
shall
have
the
right
to
receive
prompt
medical
care
16
including
mental
health
care,
food,
shelter,
and
other
17
assistance;
the
right
to
have
access
to
legal
assistance
18
and
translation
services;
the
right
to
receive
reasonable
19
police
protection;
and
the
right
to
not
have
their
names
and
20
identifying
information
and
that
of
their
family
members
21
disclosed
to
the
public.
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