A bill for an act relating to the disposition of collected criminal case fines and establishing a victim restitution fund.

2025-2026 Regular Session

Creates a dedicated Victim Restitution Fund to distribute fines for pecuniary damages and death restitution, with min 150k to victims’ estates/heirs, funded long-term.

Committee report approving bill, renumbered as HF 1007.

#criminalprocedure #fines #restitution #victims

Summary of HSB 319 (renumbered as HF 1007)

Bill type: Proposed bill relating to criminal fines and victim restitution

Status and timeline:
- Introduced: March 18, 2025
- Subcommittee: March 26, 2025
- Committee: Recommended passage; subcommittee minutes show passage
- Committee report: April 9, 2025 (Yeas 24, Nays 0, Excused 1)
- Committee renumbered: April 14, 2025 (renumbered as HF 1007)
- Current status: Committee report approving bill; renumbered to HF 1007

Purpose and intent
- Create a dedicated Victim Restitution Fund and specify how collected criminal case fines are distributed within the state and to victims.
- Establish a predictable stream of funding to support restitution for pecuniary damages and for death-related restitution to victims’ estates or heirs.

Key provisions

1) Distribution of fines (within a county)
- 85% to the state court administrator.
- 8% to the county treasurer for deposit in the county general fund where the violation occurred.
- 7% to the Victim Restitution Fund established by the bill.

2) Establishment and administration of the Victim Restitution Fund
- The fund is created as a separate fund in the state treasury.
- Moneys in the fund are administered by the Department of Justice.
- Funds are used for purposes specified in Code section 910.1(6) (pecuniary damages) and for restitution for death of a victim under Code section 910.3B.

3) Definition of pecuniary damages
- All damages not paid by an insurer that a victim could recover in a civil action arising from the same facts, excluding:
- Punitive damages
- Damages for pain and suffering, mental anguish, or loss of consortium
- Includes damages for wrongful death and expenses for psychiatric/psychological services or counseling incurred as a direct result of the criminal activity.

4) Death restitution (per 910.3B)
- Requires payment of at least $150,000 to a victim’s estate or heirs, in addition to pecuniary damages.

5) Fiscal treatment of fund balances
- Funds remaining unencumbered or unobligated at the end of a fiscal year do not revert under the general rule (8.33); they remain available for expenditure for the purposes designated by the bill.

Who is affected

Victims of crimes and their estates/heirs (through restitution payments).

Victims’ families seeking counseling-related services.

Local counties and the state treasury, which share and manage fund flows.

The Department of Justice, which would administer the Victim Restitution Fund.

Timeline and procedural notes

The bill’s progression shows standard committee review with subcommittee recommendations, leading to a committee report approving the bill and renumbering it as HF 1007.

Impact overview

Creates a dedicated funding stream for victim restitution, emphasizing pecuniary damages and death-related restitution.

Allocates most fines to the state, with a portion to the local county and a new, protected fund for victims.

Provides a minimum restitution payment to victims’ estates/heirs and ensures fund balances remain available over time to support designated purposes.