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Iowa Code (Last Updated: December 05, 2016) |
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Title XVI. CRIMINAL LAW AND PROCEDURE |
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Chapter 915. VICTIM RIGHTS |
Section 915.100. Victim restitution rights.
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1. Victims, as defined in section 910.1, have the right to recover pecuniary damages, as defined in section 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 section 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 section 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.
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