Iowa Code 915.100 – Victim restitution rights
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 915.100
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Verdict: The decision of a petit jury or a judge.
915.100 Victim restitution rights.
1. Victims, as defined in § 910.1, have the right to recover pecuniary damages, as defined in § 910.1.
2. The right to restitution includes the following:
a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to victims of the offender’s criminal activities.
b. A judge may require a juvenile who has been found to have committed a delinquent act to compensate the victim of that act for losses due to the act.
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 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 § 910.3B.
d. The clerk of court shall forward a copy of the plan of payment or the modified plan of payment to the victim or victims.
e. Victims shall be paid in full pursuant to an order of restitution, before fines, penalties, surcharges, crime victim compensation program reimbursement, public agency reimbursement, court costs, correctional fees, court-appointed attorney fees, expenses of a public defender, or contributions to local anticrime organizations are paid.
f. A judgment of restitution may be enforced by a victim entitled under the order to receive restitution, or by a deceased victim’s estate, in the same manner as a civil judgment.
g. A victim in a criminal proceeding who is entitled to restitution under a court order may file a restitution lien.
h. If a convicted felon or the representative of a convicted felon receives or is owed any profit which is realized as a result of the commission of the crime, and the attorney general brings an action to recover such profits, the victim may be entitled to funds held in escrow, pursuant to the provisions of § 910.15.
i. The right to victim restitution for the pecuniary damages incurred by a victim as the result of a crime does not limit or impair the right of the victim to sue and recover damages from the offender in a civil action.
j. In cases where the offender was convicted of sexual exploitation of a minor in violation of § 728.12, subsection 1 or 2, the court shall order restitution under this section in an amount to be determined by the court as follows:
(1) The court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the sexual exploitation of the victim, but in no case shall such amount be less than three thousand dollars.
(2) After completing the determination required under subparagraph (1), the court shall order pecuniary damages in an amount that reflects the offender’s relative role in the causal process that underlies the victim’s losses, but in no case shall such amount be less than three thousand dollars.
(3) For purposes of this paragraph, in addition to the definition of victim provided in § 915.10, subsection 3, “”victim”” means the individual harmed as a result of a commission of a crime under § 728.12. The legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim’s rights under this paragraph, but in no event shall the offender be named as a representative or guardian.
98 Acts, ch 1090, §57, 84; 99 Acts, ch 10, §3; 99 Acts, ch 114, §53; 2003 Acts, 1st Ex, ch 2,
§64, 209; 2023 Acts, ch 74, §8
Subsection 2, NEW paragraph j
1. Victims, as defined in § 910.1, have the right to recover pecuniary damages, as defined in § 910.1.
2. The right to restitution includes the following:
a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to victims of the offender’s criminal activities.
b. A judge may require a juvenile who has been found to have committed a delinquent act to compensate the victim of that act for losses due to the act.
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 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 § 910.3B.
d. The clerk of court shall forward a copy of the plan of payment or the modified plan of payment to the victim or victims.
e. Victims shall be paid in full pursuant to an order of restitution, before fines, penalties, surcharges, crime victim compensation program reimbursement, public agency reimbursement, court costs, correctional fees, court-appointed attorney fees, expenses of a public defender, or contributions to local anticrime organizations are paid.
f. A judgment of restitution may be enforced by a victim entitled under the order to receive restitution, or by a deceased victim’s estate, in the same manner as a civil judgment.
g. A victim in a criminal proceeding who is entitled to restitution under a court order may file a restitution lien.
h. If a convicted felon or the representative of a convicted felon receives or is owed any profit which is realized as a result of the commission of the crime, and the attorney general brings an action to recover such profits, the victim may be entitled to funds held in escrow, pursuant to the provisions of § 910.15.
i. The right to victim restitution for the pecuniary damages incurred by a victim as the result of a crime does not limit or impair the right of the victim to sue and recover damages from the offender in a civil action.
j. In cases where the offender was convicted of sexual exploitation of a minor in violation of § 728.12, subsection 1 or 2, the court shall order restitution under this section in an amount to be determined by the court as follows:
(1) The court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the sexual exploitation of the victim, but in no case shall such amount be less than three thousand dollars.
(2) After completing the determination required under subparagraph (1), the court shall order pecuniary damages in an amount that reflects the offender’s relative role in the causal process that underlies the victim’s losses, but in no case shall such amount be less than three thousand dollars.
(3) For purposes of this paragraph, in addition to the definition of victim provided in § 915.10, subsection 3, “”victim”” means the individual harmed as a result of a commission of a crime under § 728.12. The legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim’s rights under this paragraph, but in no event shall the offender be named as a representative or guardian.
98 Acts, ch 1090, §57, 84; 99 Acts, ch 10, §3; 99 Acts, ch 114, §53; 2003 Acts, 1st Ex, ch 2,
§64, 209; 2023 Acts, ch 74, §8
Subsection 2, NEW paragraph j