A bill for an act relating to criminal restitution including pecuniary damages.

2025-2026 Regular Session Introduced by Annette Sweeney

Bill SF 411 expands victims' rights by allowing broader claims for damages in criminal cases, ensuring fair compensation even if insurance has covered some losses.

Subcommittee returns the bill to Committee without recommendation. [].

#civilprocedure #criminaloffenders #damages #insurance #restitution #victims

Summary of Bill SF 411

Title: A bill for an act relating to criminal restitution including pecuniary damages.
Introduced: February 20, 2025
Status: Subcommittee returns the bill to Committee without recommendation.
Classification: Bill
Subject Areas: Civil Procedure, Criminal Offenders, Damages, Insurance, Restitution, Victims

Purpose and Intent

Bill SF 411 aims to amend the definition of "pecuniary damages" in the context of criminal restitution. The primary intent is to broaden the scope of damages that victims can claim from offenders, particularly in cases where insurance has covered some of the victim's losses. This change seeks to ensure that victims receive fair compensation for their losses resulting from criminal activities.

Key Provisions

Amendment to Definition of Pecuniary Damages:
The bill modifies Section 910.1, subsection 6 of the Code 2025. The new definition of "pecuniary damages" includes:

All damages not covered by an insurer on an insurance claim by the victim.
Damages that a victim could recover in a civil action related to the same incident, excluding punitive damages and damages for pain, suffering, mental anguish, and loss of consortium.
Specifically includes damages for wrongful death and expenses for psychiatric or psychological services or counseling that are a direct result of the criminal activity.

Removal of Insurance Exclusion:
The bill removes the previous provision that excluded amounts paid by an insurer from the definition of pecuniary damages. This change allows victims to claim the full extent of their damages, regardless of any insurance payouts.

Impact

Victims of Crime:
The bill directly affects victims of criminal offenses by potentially increasing the amount of restitution they can claim from offenders. This is particularly significant for victims who have incurred costs related to mental health services or other necessary counseling due to the crime.

Criminal Offenders:
Offenders may face increased financial liability as a result of this bill, as they could be required to compensate victims for a broader range of damages.

Procedural Aspects

Legislative Timeline:

February 20, 2025: Bill introduced and referred to the Judiciary Committee.
February 25, 2025: Subcommittee meeting held to discuss the bill.
March 3, 2025: Subcommittee returned the bill to the Committee without a recommendation.

This summary provides an overview of Bill SF 411, highlighting its purpose, key changes, and potential impacts on victims and offenders within the criminal justice system.