915.100 Victim restitution rights.
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.
98 Acts, ch 1090, §57, 84; 99 Acts, ch 10, §3; 99 Acts, ch 114, §53;
2003 Acts, 1st Ex, ch 2, §64, 209
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 915.3 - Immunity — citizen intervention.
Section 915.10A - Automated victim notification system.
Section 915.11 - Notifications by law enforcement.
Section 915.12 - Registration.
Section 915.13 - Notification by county attorney.
Section 915.14 - Notification by clerk of the district court.
Section 915.15 - Notification by department of justice.
Section 915.16 - Notification by local correctional institutions.
Section 915.17 - Notification by department of corrections.
Section 915.17A - Notification by judicial district department of correctional services.
Section 915.18 - Notification by board of parole.
Section 915.19 - Notification by the governor.
Section 915.20 - Presence of victim counselors.
Section 915.20A - Victim counselor privilege.
Section 915.21 - Victim impact statement.
Section 915.22 - Civil injunction to restrain harassment or intimidation of victims or witnesses.
Section 915.23 - Employment discrimination against witnesses prohibited.
Section 915.24 - Notification of victim of juvenile by juvenile court officer.
Section 915.25 - Right to review complaint against juvenile.
Section 915.26 - Victim impact statement by victim of juvenile.
Section 915.27 - Sexual assault by juvenile.
Section 915.28 - Restitution for delinquent acts of juvenile.
Section 915.29 - Notification of victim of juvenile by department of human services.
Section 915.35 - Child victim services.
Section 915.36 - Protection of child victim’s privacy.
Section 915.36A - Minor prosecuting witness — pretrial contact.
Section 915.37 - Guardian ad litem for prosecuting child witnesses.
Section 915.41 - Medical examination costs.
Section 915.42 - Right to HIV-testing of convicted or alleged assailant.
Section 915.43 - Testing, reporting, and counseling — penalties.
Section 915.44 - Polygraph examinations of victims or witnesses — limitations.
Section 915.45 - Notice to victims of discharge of persons committed.
Section 915.46 - Sexual assault forensic examiner program.
Section 915.50 - General rights of domestic abuse and sexual abuse victims.
Section 915.50A - General rights of elder abuse victims.
Section 915.51 - General rights of human trafficking victims.
Section 915.52 - Protective order victim notification system.
Section 915.53 - Automated tracking system — sexual abuse evidence collection kits.
Section 915.81 - Award of compensation.
Section 915.82 - Crime victim assistance board.
Section 915.83 - Duties of department.
Section 915.84 - Application for compensation.
Section 915.85 - Compensation payable.
Section 915.86 - Computation of compensation.
Section 915.87 - Reductions and disqualifications.
Section 915.88 - Compensation when money insufficient.
Section 915.89 - Erroneous or fraudulent payment — penalty.
Section 915.90 - Release of information.
Section 915.91 - Emergency payment compensation.
Section 915.92 - Right of action against perpetrator — subrogation.
Section 915.94 - Victim compensation fund.