House File 1007 - Introduced HOUSE FILE 1007 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 319) A BILL FOR An Act relating to the disposition of collected criminal case 1 fines and establishing a victim restitution fund. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2955HV (2) 91 as/js
H.F. 1007 Section 1. Section 602.8106, subsection 4, paragraph b, 1 Code 2025, is amended to read as follows: 2 b. The fine amount for a violation that occurred within the 3 boundaries of the county shall be distributed as follows: 4 (1) Ninety-one Eighty-five percent to the state court 5 administrator. 6 (2) Nine Eight percent to the county treasurer for deposit 7 in the county general fund where the violation occurred. 8 (3) Seven percent to the victim restitution fund 9 established in section 915.96. 10 Sec. 2. NEW SECTION . 915.96 Victim restitution fund. 11 A victim restitution fund is established as a separate 12 fund in the state treasury. Moneys deposited in the fund 13 shall be administered by the department and dedicated to 14 and used for the purposes of section 910.1, subsection 6, 15 and for restitution for the death of a victim under section 16 910.3B. The fund shall consist of moneys deposited into the 17 fund pursuant to section 602.8106, subsection 4, paragraph 18 b , subparagraph (3), and appropriations made to the fund. 19 Notwithstanding section 8.33, moneys in the fund that remain 20 unencumbered or unobligated at the close of a fiscal year shall 21 not revert but shall remain available for expenditure for the 22 purposes designated. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanations substance by the members of the general assembly. 26 This bill relates to the disposition of collected criminal 27 case fines. 28 Current law provides that the clerk of the district court 29 shall distribute the fine amount for a criminal violation that 30 occurred within the boundaries of a county as follows: 91 31 percent to the state court administrator and 9 percent to the 32 county treasurer for deposit in the county general fund where 33 the violation occurred. 34 The bill provides that the fine amount for a criminal 35 -1- LSB 2955HV (2) 91 as/js 1/ 2
H.F. 1007 violation that occurred within the boundaries of a county shall 1 be distributed as follows: 85 percent to the state court 2 administrator, 8 percent to the county treasurer for deposit 3 in the county general fund where the violation occurred, and 7 4 percent to the victim restitution fund established in the bill. 5 The bill provides that a victim restitution fund is 6 established as a separate fund in the state treasury. Moneys 7 deposited in the fund will be administered by the department 8 of justice and used for the purposes of Code section 910.1(6), 9 which concerns restitution for pecuniary damages, and for 10 restitution for the death of a victim pursuant to Code section 11 910.3B. Pecuniary damages means all damages to the extent 12 not paid by an insurer on an insurance claim by a victim, 13 which a victim could recover against the offender in a civil 14 action arising out of the same facts or event, except punitive 15 damages and damages for pain, suffering, mental anguish, and 16 loss of consortium, and includes damages for wrongful death and 17 expenses incurred for psychiatric or psychological services or 18 counseling or other counseling for the victim, which became 19 necessary as a direct result of the criminal activity. Code 20 section 910.3B provides for the payment of at least $150,000 to 21 a victims estate or a victims heirs in addition to pecuniary 22 damages. 23 The bill provides that notwithstanding Code section 8.33, 24 moneys in the fund that remain unencumbered or unobligated at 25 the close of a fiscal year shall not revert but shall remain 26 available for expenditure for the purposes designated. 27 -2- LSB 2955HV (2) 91 as/js 2/ 2