Bills › 91st General Assembly
Relating to the disposition of collected criminal case fines and establishing a victim restitution fund
Topics:Courts & civil lawCrime & corrections
Same legislation: HF 1007
Where it is now
- Done: IntroducedMarch 18, 2025
- Done: SubcommitteeMarch 18, 2025
- Done: House committeeApril 9, 2025
- Skipped: Passes the HouseContinued as HF 1007
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 1007 → Its progress continues under the new number. Go to HF 1007 What’s a funnel?
What’s in it
AI summary When someone is fined for a specific type of criminal offense, a portion of that money would go into a new victim restitution fund. This fund would be used to help victims or their families pay for financial losses, such as counseling costs or certain damages caused by the crime. Unlike other funds, any leftover money in this account would stay in the fund to be used for these same purposes in the future.1
Read the official explanation
This bill relates to the disposition of collected criminal case fines. Current law provides that the clerk of the district court shall distribute the fine amount for a criminal violation that occurred within the boundaries of a county as follows: percent to the state court administrator and percent to the county treasurer for deposit in the county general fund where the violation occurred. _____ violation that occurred within the boundaries of a county shall be distributed as follows: percent to the state court administrator, percent to the county treasurer for deposit in the county general fund where the violation occurred, and percent to the victim restitution fund established in the bill. The bill provides that a victim restitution fund is established as a separate fund in the state treasury.3B. “Pecuniary damages” means all damages to the extent not paid by an insurer on an insurance claim by a victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium, and includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling or other counseling for the victim, which became necessary as a direct result of the criminal activity.3B provides for the payment of at least $150,000 to a victim’s estate or a victim’s heirs in addition to pecuniary damages.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated.
House subcommittee
Named March 18, 2025. On March 26, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill establishes a Victim Restitution Fund and changes how criminal fines are distributed between the state and counties. Beginning in fiscal year 2026, the state's General Fund revenue is estimated to decrease by approximately $2.1 million, the Emergency Medical Services Fund is estimated to decrease by approximately $27,000, and total revenue to counties is estimated to decrease by approximately $347,000. The Victim Restitution Fund is estimated to receive approximately $2.4 million, while the Attorney General’s office faces an estimated cost of approximately $65,000 and 1.0 FTE position.3
Read the fiscal note
Description
House File 1007 establishes a Victim Restitution Fund. Moneys deposited in the Fund will be administered by the Office of the Attorney General and used for the purposes of Iowa Code sections 910.1(6) (pecuniary damages) and 910.3B (restitution for the death of a victim). Under the Bill, moneys in the Fund that remain unencumbered or unobligated at the close of a fiscal year do not revert but will remain available for expenditure for the purposes designated. The Bill modifies the distribution of the fine amount under Iowa Code section 602.8106(4)(b) for a criminal violation that occurred within the boundaries of a county as displayed in Figure 1. Figure 1 — Distribution of Criminal Fines
Background
Current law provides that the clerk of the district court shall distribute the fine amount for a criminal violation that occurred within the boundaries of a county as 91.0% to the State Court Administrator and 9.0% to the county treasurer for deposit in the county general fund in the county where the violation occurred. Figure 2 shows the distribution of criminal fine revenue under Iowa Code section 602.8106(4)(b) for FY 2023 and FY 2024.
Figure 2 — Current Criminal Fine Distribution
Assumptions
- Fine revenue collected for FY 2024 is used as a basis to estimate the fiscal impact.
- The Judicial Branch anticipates approximately 200 hours of personnel time totaling $9,300 for programming changes and updating written documentation.
- The Attorney General’s office would hire 1.0 full-time equivalent (FTE) position for a paralegal at approximately $65,000 to administer the Fund.Current Distribution Distribution under HF 1007 State 91.0% 85.0%
Counties 9.0% 8.0% Victim Restitution Fund - 7.0%FY 2023 FY 2024 91.0% of criminal fines to the State 31,665,771$ 31,531,510$ 1.3% of 91.0% to Emergency Medical Services Fund 411,655 409,910 98.7% of 91.0% to State General Fund 31,254,116 31,121,600 9.0% of criminal fines to counties 3,131,780 3,118,501 Total 34,797,551$ 34,650,011$ Figure 3 shows the distribution under the Bill for FY 2023 and FY 2024 based on the amounts remitted in those fiscal years.
Figure 3 — Criminal Fine Distribution under HF 1007
Fiscal Impact
House File 1007 is estimated to have the following impact on counties and State funds beginning in FY 2026:
- General Fund revenue is estimated to decrease by approximately $2.1 million.
- Emergency Medical Services Fund revenue is estimated to decrease by approximately $27,000.
- The total revenue to counties is estimated to decrease by approximately $347,000.
- The estimated revenue to the Victim Restitution Fund is approximately $2.4 million. The Judicial Branch will use existing resources for the computer programming changes under the Bill.
The estimated cost to the Attorney General’s office is approximately $65,000 and 1.0 FTE position.
Sources
- Department of Justice
- Judicial Branch
- Victim Restitution Fund · April 22, 2025 · $347,000
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91st General Assembly
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Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 472 Relating to the disposition of collected criminal case fines and establishing a victim res…89th General Assembly · In committee · similarCleared committee
Similar bills this General Assembly
- HF 751 Relating to the disposition of collected criminal case fines and establishing a victim res…91st General Assembly · In committeeNearly identical
- HF 2109 Relating to the disposition of collected criminal case fines and establishing a victim res…91st General Assembly · Subcommittee recommends passageNearly identical
Matched by wording or an identical title.