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| 1 | 1 | Senate File 411 - Introduced SENATE FILE 411 BY SWEENEY A BILL FOR An Act relating to criminal restitution including pecuniary 1 damages. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2501XS (2) 91 as/js | |
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| 3 | 3 | S.F. 411 Section 1. Section 910.1, subsection 6, Code 2025, is 1 amended to read as follows: 2 6. Pecuniary damages means all damages to the extent not 3 paid by an insurer on an insurance claim by the victim, which 4 that a victim could recover against the offender in a civil 5 action arising out of the same facts or event, except punitive 6 damages and damages for pain, suffering, mental anguish, and 7 loss of consortium. Without limitation, pecuniary damages 8 includes damages for wrongful death and expenses incurred for 9 psychiatric or psychological services or counseling or other 10 counseling for the victim which that became necessary as a 11 direct result of the criminal activity. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanations substance by the members of the general assembly. 15 This bill relates to criminal restitution including 16 pecuniary damages. 17 Under current law, pecuniary damages is defined as all 18 damages to the extent not paid by an insurer on an insurance 19 claim by the victim, which a victim could recover against the 20 offender in a civil action arising out of the same facts or 21 event, except punitive damages and damages for pain, suffering, 22 mental anguish, and loss of consortium. Without limitation, 23 pecuniary damages includes damages for wrongful death and 24 expenses incurred for psychiatric or psychological services 25 or counseling or other counseling for the victim which became 26 necessary as a direct result of the criminal activity. 27 The bill removes from the definition of pecuniary damages 28 the provision excluding the amount paid by an insurer on an 29 insurance claim by the victim. 30 -1- LSB 2501XS (2) 91 as/js 1/ 1 |