Bill Text: IA SSB3061 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the receipt of pecuniary damages by insurers as victims for purposes of criminal restitution.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-08 - Subcommittee recommends amendment and passage. [SSB3061 Detail]
Download: Iowa-2017-SSB3061-Introduced.html
Senate
Study
Bill
3061
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/INSURANCE
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
the
receipt
of
pecuniary
damages
by
insurers
1
as
victims
for
purposes
of
criminal
restitution.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5272XD
(4)
87
ko/rj
S.F.
_____
H.F.
_____
Section
1.
Section
910.1,
subsection
3,
Code
2018,
is
1
amended
to
read
as
follows:
2
3.
“Pecuniary
damages”
means
all
damages
to
the
extent
not
3
paid
by
an
insurer,
which
a
victim
could
recover
against
the
4
offender
in
a
civil
action
arising
out
of
the
same
facts
or
5
event,
except
punitive
damages
and
damages
for
pain,
suffering,
6
mental
anguish,
and
loss
of
consortium.
Without
limitation,
7
“pecuniary
damages”
includes
damages
for
wrongful
death
and
8
expenses
incurred
for
psychiatric
or
psychological
services
9
or
counseling
or
other
counseling
for
the
victim
which
became
10
necessary
as
a
direct
result
of
the
criminal
activity.
11
Sec.
2.
Section
910.1,
subsection
5,
Code
2018,
is
amended
12
to
read
as
follows:
13
5.
“Victim”
means
a
person
who
has
suffered
pecuniary
14
damages
as
a
result
of
the
offender’s
criminal
activities.
15
However,
for
For
purposes
of
this
chapter
,
an
insurer
is
not
16
a
victim
and
does
not
have
a
right
of
subrogation
unless
the
17
insurer
is
a
victim
of
insurance
fraud
pursuant
to
section
18
507E.3
or
507E.3A
.
The
crime
victim
compensation
program
is
19
not
an
insurer
for
purposes
of
this
chapter
,
and
the
right
20
of
subrogation
provided
by
section
915.92
does
not
prohibit
21
restitution
to
the
crime
victim
compensation
program.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
insurers
as
victims
for
purposes
of
26
receipt
of
criminal
restitution
damages.
The
bill
amends
the
27
definitions
of
pecuniary
damages
and
victim
in
the
criminal
28
restitution
Code
chapter
to
allow
insurers
to
receive
criminal
29
restitution
payments
if
the
insurers
are
victims
of
insurance
30
fraud
due
to
fraudulent
submissions
or
fraudulent
sales
31
practices.
Insurers
are
currently
excluded
as
victims
for
32
purposes
of
criminal
restitution.
33
-1-
LSB
5272XD
(4)
87
ko/rj
1/
1
