reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.2B - Conversion of existing restitution orders.

910.2B Conversion of existing restitution orders.
1. All of the following, if entered by a district court prior to June 25, 2020, shall be converted to permanent restitution orders:
a. A temporary restitution order.
b. A supplemental restitution order.
c. A restitution order that does not contain a determination of the defendant’s reasonable ability to pay the restitution ordered.
2. The only means by which a defendant may challenge the conversion of a restitution order is through the filing of a petition pursuant to section 910.7.
3. The provisions of this chapter, including but not limited to the procedures in section 910.2A, shall apply to a challenge to the conversion of an existing restitution order in the district court and on appeal.
4. A challenge to the conversion of an existing restitution order to a permanent restitution order shall be filed in the district court no later than one year from June 25, 2020.
2020 Acts, ch 1074, §73, 83; 2021 Acts, ch 80, §381, 385
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.3A - Notification of homicide victim’s county of residence.

910.3A Notification of homicide victim’s county of residence.
The county attorney of a county in which a judgment of conviction and sentence under section 707.2, 707.3, 707.4, 707.5, or 707.6A is rendered against a defendant relating to a person’s death shall notify in writing the clerk of the district court of the county of the person’s residence. Such notification shall be for the purpose of the county of the person’s residence recovering from the defendant the fee and expenses incurred investigating the person’s death pursuant to section 331.802, subsection 2.
96 Acts, ch 1139, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.3B - Restitution for death of victim.

910.3B Restitution for death of victim.
1. In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for pecuniary damages, as defined under section 910.1, and determined under section 910.3, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate if the victim died testate. If the victim died intestate the court shall order the offender to pay the restitution to the victim’s heirs at law as determined pursuant to section 633.210. The obligation to pay the additional amount shall not be dischargeable in any proceeding under the federal Bankruptcy Act. Payment of the additional amount shall have the same priority as payment of a victim’s pecuniary damages under section 910.2, in the offender’s plan for restitution.
2. An award under this section does not preclude or supersede the right of a victim’s estate or heirs at law to bring a civil action against the offender for damages arising out of the same facts or event. However, no evidence relating to the entry of the judgment against the offender pursuant to this section or the amount of the award ordered pursuant to this section shall be permitted to be introduced in any civil action for damages arising out of the same facts or event.
3. An offender who is ordered to pay a victim’s estate or heirs at law under this section is precluded from denying the elements of the felony offense which resulted in the order for payment in any subsequent civil action for damages arising out of the same facts or event.
4. An award under this section made to the victim’s estate or heirs at law shall not be reduced by any third-party payment, including any insurance payment, unless the offender is a named or covered insured.
97 Acts, ch 125, §11
; 2003 Acts, 1st Ex, ch 2, §63, 209
; 2018 Acts, ch 1103, §1
Referred to in §915.100
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.6 - Payment plan — copy to victims.

910.6 Payment plan — copy to victims.
An office or individual preparing a restitution plan of payment or modified plan of payment shall forward a copy to the clerk of court in the county in which the offender was sentenced. The clerk of court shall forward a copy of the restitution plan of payment or modified plan of payment to the victim or victims.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §7]
83 Acts, ch 56, §3; 2020 Acts, ch 1074, §78, 83
Referred to in §915.94
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.7 - Petition for hearing — appellate review.

910.7 Petition for hearing — appellate review.
1. At any time during the period of probation, parole, or incarceration, the offender, the prosecuting attorney, or the office or individual who prepared the offender’s restitution plan may petition the court on any matter related to the plan of restitution or restitution plan of payment and the court shall grant a hearing if on the face of the petition it appears that a hearing is warranted.
2. After a petition has been filed, the court, at any time prior to the expiration of the offender’s sentence, provided the required notice has been given pursuant to subsection 3, may modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution.
3. If a petition related to a plan of restitution has been filed, the offender, the prosecuting attorney, the department of corrections if the offender is currently confined in a correctional institution, the office or individual who prepared the offender’s restitution plan, and the victim shall receive notice prior to any hearing under this section.
4. An appellate court shall not review or modify an offender’s plan of restitution, restitution plan of payment, or any other issue related to an offender’s restitution under this subsection, unless the offender has exhausted the offender’s remedies under this section and obtained a ruling from the district court prior to the issue being raised in the appellate courts.
5. Appellate review of a district court ruling under this section shall be by writ of certiorari.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §8]
83 Acts, ch 56, §4; 86 Acts, ch 1075, §6; 2001 Acts, ch 133, §1; 2020 Acts, ch 1074, §79, 80, 83
Referred to in §910.2A, 910.2B, 910.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.7A - Judgment — enforcement.

910.7A Judgment — enforcement.
1. An order requiring an offender to pay restitution constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.
2. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment.
92 Acts, ch 1242, §37
Referred to in §232.147, 232.150, 915.28
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.8 - Civil liability.

910.8 Civil liability.
This chapter and proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the offender in a civil action. The institution of a restitution plan shall toll the applicable statute of limitations for a civil action arising out of the same facts or event for the period of time that the restitution plan is effective. However, any restitution payment by the offender to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §9]
84 Acts, ch 1047, §1
Referred to in §232.147, 232.150, 915.28
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.9 - Collection of payments — payment by clerk of court.

910.9 Collection of payments — payment by clerk of court.
1. An offender making restitution pursuant to a restitution plan of payment shall make the payment monthly to the clerk of court of the county from which the offender was sentenced, unless the restitution plan of payment provides otherwise. If the restitution plan authorizes payment to an entity other than the clerk of court, that entity shall regularly file a partial or full satisfaction of judgment with the clerk of court concerning amounts collected by that entity.
2. The clerk of court shall maintain a record of all receipts and disbursements of restitution payments and shall disburse all moneys received to the victims designated in the plan of restitution. If there is more than one victim, disbursements to the victims shall be on the basis of the victim’s percentage of the total owed by the offender to all victims, except that the clerk of court may decide the allocation of payments owed to a victim of twenty-five dollars or less.
3. Category “A” restitution and category “B” restitution shall not be withheld by the clerk of court until all pecuniary damages to victims have been paid in full. Payments to victims shall be made by the clerk of court at least quarterly. Payments by a clerk of court shall be made no later than the last business day of the quarter, but may be made more often at the discretion of the clerk of court. The clerk of court receiving final payment from an offender shall notify all victims that full restitution has been made. Each office or individual charged with supervising an offender who is required to perform community service as full or partial restitution shall keep records to assure compliance with the portions of the plan of restitution and restitution plan of payment relating to community service and, when the offender has complied fully with the community service requirement, notify the sentencing court.
[82 Acts, ch 1162, §10]
83 Acts, ch 56, §5; 91 Acts, ch 116, §22; 94 Acts, ch 1142, §18; 97 Acts, ch 177, §37; 98 Acts, ch 1100, §90; 2000 Acts, ch 1032, §7; 2002 Acts, ch 1119, §198; 2003 Acts, ch 113, §5; 2018 Acts, ch 1041, §127; 2020 Acts, ch 1074, §81, 83
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 910 - RESTITUTION › Section 910.10 - Restitution lien.

910.10 Restitution lien.
1. The state or a person entitled to restitution under a court order may file a restitution lien.
2. The restitution lien shall set forth all of the following information, if known:
a. The name and date of birth of the person whose property or other interests are subject to the lien.
b. The present address of the residence and principal place of business of the person named in the lien.
c. The criminal proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court’s file number.
d. If applicable, any juvenile delinquency proceeding pursuant to which the lien is filed, including only the name of the court, the title of the action, and the court’s file number.
e. The name and business address of the attorney representing the state in the proceeding pursuant to which the lien is filed or the name and residence and business address of each person entitled to restitution pursuant to a court order.
f. A statement that the notice is being filed pursuant to this section.
g. The amount of restitution the person has been ordered to pay or is likely to be ordered to pay.
3. A restitution lien may be filed by any of the following:
a. A prosecuting attorney in a criminal proceeding in which restitution is likely to be sought after the filing of an information or indictment. At the time of arraignment, the prosecuting attorney shall give the defendant notice of any restitution lien filed.
b. A victim in a criminal proceeding after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.
c. A victim in a juvenile delinquency proceeding after restitution has been determined and ordered by the juvenile court and the juvenile offender has been discharged from the jurisdiction of the juvenile court due to reaching the age of eighteen years.
4. The filing of a restitution lien in accordance with this section creates a lien in favor of the state and the victim in any personal or real property identified in the lien to the extent of the interest held in that property by the person named in the lien.
5. This section does not limit the right of the state or any other person entitled to restitution to obtain any other remedy authorized by law.
91 Acts, ch 219, §31; 2006 Acts, ch 1164, §4, 5; 2007 Acts, ch 22, §108
Referred to in §232.147, 232.150, 915.28
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 911 - SURCHARGE ADDED TO CRIMINAL PENALTIES › Section 911.1 - Crime services surcharge.

911.1 Crime services surcharge.
1. A crime services surcharge shall be levied against law violators as provided in this section. When a court imposes a fine or forfeiture for a violation of state law, or a city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court shall assess an additional penalty in the form of a crime services surcharge equal to fifteen percent of the fine or forfeiture imposed.
2. In the event of multiple offenses, the surcharge shall be based upon the total amount of fines or forfeitures imposed for all offenses.
3. When a fine or forfeiture is suspended in whole or in part, the court shall reduce the surcharge in proportion to the amount suspended.
4. The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.
5. The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 3.
[82 Acts, ch 1258, §1]
91 Acts, ch 181, §16; 94 Acts, ch 1074, §17; 2004 Acts, ch 1111, §10; 2005 Acts, ch 143, §6; 2009 Acts, ch 179, §65, 72; 2020 Acts, ch 1074, §18, 93
Referred to in §80E.4, 331.302, 364.3, 602.8102(135A), 602.8108, 691.9, 805.8, 805.8C(3)(a), 805.8C(3)(c), 805.8C(9), 805.8C(10), 805.8C(11), 902.9, 903.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 911 - SURCHARGE ADDED TO CRIMINAL PENALTIES › Section 911.2A - Human trafficking victim surcharge.

911.2A Human trafficking victim surcharge.
1. In addition to any other surcharge, the court shall assess a human trafficking victim surcharge of one thousand dollars if an adjudication of guilt or a deferred judgment has been entered for a criminal violation of section 725.1, subsection 2, or section 710A.2, 725.2, or 725.3.
2. In the event of multiple offenses, the surcharge shall be imposed for each applicable offense.
3. The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 5.
2014 Acts, ch 1097, §14, 16, 17; 2020 Acts, ch 1074, §19, 93
Referred to in §602.8102(135A), 602.8108, 902.9, 903.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 911 - SURCHARGE ADDED TO CRIMINAL PENALTIES › Section 911.2B - Domestic and sexual abuse crimes surcharge.

911.2B Domestic and sexual abuse crimes surcharge.
1. In addition to any other surcharge, the court shall assess a domestic and sexual abuse crimes surcharge of ninety dollars if an adjudication of guilt or a deferred judgment has been entered for a violation of section 708.2A, 708.11, or 710A.2, or chapter 709, or if a defendant is held in contempt of court for violating a domestic abuse protective order issued pursuant to chapter 236.
2. In the event of multiple offenses, the surcharge shall be imposed for each applicable offense.
3. The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 6.
2015 Acts, ch 96, §15; 2020 Acts, ch 1074, §20, 93; 2021 Acts, ch 145, §9
Referred to in §602.8102(135A), 602.8108
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 911 - SURCHARGE ADDED TO CRIMINAL PENALTIES › Section 911.5 - Agricultural theft surcharge.

911.5 Agricultural theft surcharge.
1. In addition to any other surcharge, the court or clerk of the district court shall assess an agricultural theft surcharge equal to five hundred dollars, if an adjudication of guilt or a deferred judgment has been entered for a criminal violation involving any of the following:
a. Theft of agricultural property under section 714.2, subsection 1, 2, or 3.
b. Criminal mischief under section 716.3, 716.4, or 716.5, by damaging, defacing, altering, or destroying agricultural property.
2. As used in this section, agricultural property means any of the following:
a. A crop as defined in section 717A.1.
b. Livestock as defined in section 717.1.
c. (1) A colony or package as defined in section 160.1A, or a hive where bees are kept as described in section 160.5, if the department of agriculture and land stewardship is authorized by that chapter to inspect the colony, package, or hive or to regulate the movement of the colony, package, or hive.
(2) A queen bee that is part of a colony or is being moved to be part of a colony as described in subparagraph (1).
3. The surcharge shall be remitted by the clerk of the district court as provided in section 602.8108, subsection 11.
2020 Acts, ch 1074, §21, 93
Referred to in §602.8102(135A), 602.8108, 902.9, 903.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 913 - INTERSTATE CORRECTIONS COMPACT › Section 913.1 - Citation.

913.1 Citation.
This chapter may be cited as the “Interstate Corrections Compact.”
[C75, 77, 79, 81, §218B.1]
85 Acts, ch 21, §54
CS85, §247.1
C93, §913.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 913 - INTERSTATE CORRECTIONS COMPACT › Section 913.3 - Duty of director.

913.3 Duty of director.
The director of the Iowa department of corrections shall do all things necessary or incidental to the carrying out of the compact.
[C75, 77, 79, 81, §218B.3]
83 Acts, ch 96, §70, 159; 85 Acts, ch 21, §54
CS85, §247.3
C93, §913.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.1 - Power of governor.

914.1 Power of governor.
The power of the governor under the Constitution of the State of Iowa to grant a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of the rights of citizenship shall not be impaired.
86 Acts, ch 1112, §4
C87, §248A.1
C93, §914.1
2006 Acts, ch 1010, §168
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.2 - Right of application.

914.2 Right of application.
Except as otherwise provided in section 902.2, a person convicted of a criminal offense has the right to make application to the board of parole for recommendation or to the governor for a reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of rights of citizenship at any time following the conviction.
86 Acts, ch 1112, §5
C87, §248A.2
C93, §914.2
95 Acts, ch 128, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.3 - Recommendations by board of parole.

914.3 Recommendations by board of parole.
1. Except as otherwise provided in section 902.2, the board of parole shall periodically review all applications by persons convicted of criminal offenses and shall recommend to the governor the reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of the rights of citizenship for persons who have by their conduct given satisfactory evidence that they will become or continue to be law-abiding citizens.
2. The board of parole shall, upon request of the governor, take charge of all correspondence in reference to an application filed with the governor and shall, after careful investigation, provide the governor with the board’s advice and recommendation concerning any person for whom the board has not previously issued a recommendation.
3. All recommendations and advice of the board of parole shall be entered in the proper records of the board.
86 Acts, ch 1112, §6
C87, §248A.3
87 Acts, ch 115, §35
C93, §914.3
95 Acts, ch 128, §3
Referred to in §915.18
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.4 - Response to recommendation.

914.4 Response to recommendation.
The governor shall respond to all recommendations made by the board of parole within ninety days of the receipt of the recommendation. The response shall state whether or not the recommendation will be granted and shall specifically set out the reasons for such action. If the governor does not grant the recommendation, the recommendation shall be returned to the board of parole and may be refiled with the governor at any time. Any recommendation may be withdrawn by the board of parole at any time prior to its being granted. However, if the board withdraws a recommendation, a statement of the withdrawal, and the reasons upon which it was based, shall be entered in the proper records of the board.
86 Acts, ch 1112, §7
C87, §248A.4
C93, §914.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.5 - Evidence — testimony — recommendation.

914.5 Evidence — testimony — recommendation.
1. When an application or recommendation is made to the governor for a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of rights of citizenship, the governor may require the judge or clerk of the appropriate court, or the county attorney or attorney general by whom the action was prosecuted, to furnish the governor without delay a copy of the minutes of evidence taken on the trial, and any other facts having reference to the propriety of the governor’s exercise of the governor’s powers in the premises.
2. The governor may take testimony as the governor deems advisable relating to any application or recommendation. A person who provides written or oral testimony pursuant to this subsection is subject to chapter 720.
3. With regard to an application for the restoration of the rights of citizenship, the warden or superintendent, upon request of the governor, shall furnish the governor with a statement of the person’s deportment during the period of imprisonment and a recommendation as to the propriety of restoration.
86 Acts, ch 1112, §8
C87, §248A.5
C93, §914.5
Referred to in §331.756(45), 602.8102(46)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.6 - Procedures — filing.

914.6 Procedures — filing.
1. Pardons, commutations of sentences, and remissions of fines and forfeitures shall be issued in duplicate. Restorations of rights of citizenship and reprieves shall be issued in triplicate.
2. In the case of a pardon, commutation of sentence, or reprieve, if the person is in custody, the executive instruments shall be forwarded to the officer having custody of the person. The officer, upon receipt of the instruments, shall do the following:
a. Retain one copy of the instrument.
b. Enter the appropriate notations on the records of the office.
c. Carry out the orders of the instrument.
d. On one copy, make a written return as required by the order and forward the copy to the clerk of court where the judgment is of record.
e. In the case of reprieves, deliver the third copy to the person whose sentence is reprieved.
3. In the case of a remission of fines and forfeitures, restoration of rights of citizenship, or a pardon, commutation of sentence, or reprieve, if the person is not in custody, one copy of the executive instrument shall be delivered to the person and one copy to the clerk of court where the judgment is of record. A list of the restorations of rights of citizenship issued by the governor shall be delivered to the state registrar of voters at least once each month.
4. The clerk of court shall, upon receipt of the copy of the executive instrument, immediately file and preserve the copy in the clerk’s office and note the filing on the judgment docket of the case, except that remissions of fines and forfeitures shall be spread at length on the record books of the court, and indexed in the same manner as the original case.
86 Acts, ch 1112, §9
C87, §248A.6
C93, §914.6
94 Acts, ch 1169, §63
Referred to in §602.8102(46)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 914 - REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS, AND RESTORATIONS OF RIGHTS › Section 914.7 - Rights not restorable.

914.7 Rights not restorable.
1. Notwithstanding any other provision of this chapter, a person who has been convicted of a forcible felony, a felony violation of chapter 124 involving a firearm, or a felony violation of chapter 724 shall not have the person’s rights of citizenship restored to the extent of allowing the person to receive, transport, or possess firearms.
2. Notwithstanding any provision of this chapter, a person seventeen years of age or younger who commits a public offense involving a firearm which is an aggravated misdemeanor against a person or a felony shall not have the person’s rights of citizenship restored to the extent of allowing the person to receive, transport, or possess firearms.
89 Acts, ch 316, §21
CS89, §248A.7
C93, §914.7
94 Acts, ch 1172, §64; 2021 Acts, ch 76, §150
Referred to in §724.27
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.2 - Immunity.

915.2 Immunity.
This chapter does not create a civil cause of action except where expressly stated, and a person is not liable for damages resulting from an act or omission in regard to any responsibility or authority created by this chapter, and such acts or omissions shall not be used in any proceeding for damages. This section does not apply to acts or omissions which constitute a willful and wanton disregard for the rights or safety of another.
98 Acts, ch 1090, §2, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.3 - Immunity — citizen intervention.

915.3 Immunity — citizen intervention.
Any person who, in good faith and without remuneration, renders reasonable aid or assistance to another against whom a crime is being committed or, if rendered at the scene of the crime, to another against whom a crime has been committed, is not liable for any civil damages for acts or omissions resulting from the aid or assistance, and is eligible to file a claim for reimbursement as a victim under this chapter.
98 Acts, ch 1090, §3, 84
See also §613.17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.10 - Definitions.

915.10 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Notification” means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an office, agency, or department from also providing appropriate information to a registered victim by telephone, electronic mail, or other means.
2. “Registered” means having provided the county attorney with the victim’s written request for registration and current mailing address and telephone number. “Registered” also means having provided the county attorney notice in writing that the victim has filed a request for registration with the automated victim notification system established pursuant to section 915.10A.
3. “Victim” means a person who has suffered physical, emotional, or financial harm as the result of a public offense or a delinquent act, other than a simple misdemeanor, committed in this state. “Victim” also includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under eighteen years of age at the time of the offense.
4. “Victim impact statement” means a written or oral presentation to the court by the victim or the victim’s representative that indicates the physical, emotional, financial, or other effects of the offense upon the victim.
5. “Violent crime” means a forcible felony, as defined in section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.
98 Acts, ch 1090, §5, 84; 99 Acts, ch 114, §47; 2005 Acts, ch 158, §46; 2007 Acts, ch 27, §3
Referred to in §901.4B, 902.1, 915.24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.10A - Automated victim notification system.

915.10A Automated victim notification system.
1. An automated victim notification system is established within the crime victim assistance division of the department of justice to assist public officials in informing crime victims, the victim’s family, or other interested persons as provided in this subchapter and where otherwise specifically provided. The system shall disseminate the information to registered users through telephonic, electronic, or other means of access.
2. An office, agency, or department may satisfy a notification obligation to registered victims required by this subchapter through participation in the system to the extent information is available for dissemination through the system. Nothing in this section shall relieve a notification obligation under this subchapter due to the unavailability of information for dissemination through the system.
3. Notwithstanding section 232.147, information concerning juveniles charged with a felony offense shall be released to the extent necessary to comply with this section.
2005 Acts, ch 158, §47; 2007 Acts, ch 27, §4
Referred to in §13.31, 915.10, 915.11, 915.12, 915.29, 915.45, 915.94
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.11 - Notifications by law enforcement.

915.11 Notifications by law enforcement.
1. A local police department or county sheriff’s department shall advise a victim of the right to register with the county attorney, and shall provide a request-for-registration form to each victim. A local police department or county sheriff’s department shall provide a telephone number and internet site to each victim to register with the automated victim notification system established pursuant to section 915.10A.
2. a. If a victim of a reported sexual abuse requests the results of an analysis of the evidence collected from the victim’s forensic medical examination pursuant to section 709.10 and such analysis was completed, a local police department or county sheriff’s department shall inform the victim of the results, including whether the analysis produced a DNA profile as defined in section 81.1 or a DNA match, either to the named alleged perpetrator of the sexual abuse or to a suspect already in the DNA database.
b. Prior to the disposal of a kit by a law enforcement agency, the law enforcement agency shall notify the reported victim of the intended date of disposal of the kit, the reason for disposal of the kit, and the options that remain available for retention and analysis of the kit, if any. For purposes of this paragraph, “kit” means the same as defined in section 915.53.
98 Acts, ch 1090, §6, 84; 2005 Acts, ch 158, §48; 2007 Acts, ch 27, §5; 2013 Acts, ch 90, §257; 2021 Acts, ch 107, §3
Referred to in §331.653
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.12 - Registration.

915.12 Registration.
1. A victim may register by filing a written request-for-registration form with the county attorney. The county attorney shall notify the victims in writing and advise them of their registration and rights under this subchapter. The county attorney shall provide a registered victim list to the offices, agencies, and departments required to provide information under this subchapter for notification purposes.
2. A victim, the victim’s family, or other interested person may register with the automated victim notification system established pursuant to section 915.10A by filing a request for registration through written, telephonic, or electronic means.
3. Notwithstanding chapter 22 or any other contrary provision of law, the registration of a victim, victim’s family, or other interested person shall be strictly maintained in a separate confidential file or other confidential medium, and shall be available only to the offices, agencies, and departments required to provide information under this subchapter.
98 Acts, ch 1090, §7, 84; 2005 Acts, ch 158, §49; 2007 Acts, ch 27, §6; 2013 Acts, ch 30, §232
Referred to in §331.756(71), 709.22
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.13 - Notification by county attorney.

915.13 Notification by county attorney.
1. The county attorney shall notify a victim registered with the county attorney’s office of the following:
a. The scheduled date, time, and place of trial, and the cancellation or postponement of a court proceeding that was expected to require the victim’s attendance, in any criminal case relating to the crime for which the person is a registered victim.
b. The possibility of assistance through the crime victim compensation program, and the procedures for applying for that assistance.
c. The right to restitution for pecuniary losses suffered as a result of crime, and the process for seeking such relief.
d. The victim’s right to make a victim impact statement, in any of the following formats:
(1) Written victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for filing such a statement.
(2) Oral victim impact statement, delivered in court in the presence of the defendant. The victim shall also be notified of the time and place for such statement.
(3) Video victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for making and filing the video recording.
(4) Audio victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for making and filing the audio recording.
e. The date on which the offender is released on bail or appeal, pursuant to section 811.5.
f. Except where the prosecuting attorney determines that disclosure of such information would unreasonably interfere with the investigation, at the request of the registered victim, notice of the status of the investigation shall be provided by law enforcement authorities investigating the case, until the alleged assailant is apprehended or the investigation is closed.
g. The right to be informed of any plea agreements related to the crime for which the person is a registered victim.
2. The county attorney and the juvenile court shall coordinate efforts so as to prevent duplication of notification under this section and section 915.24.
98 Acts, ch 1090, §8, 84; 2002 Acts, ch 1039, §1; 2003 Acts, ch 156, §20; 2004 Acts, ch 1150, §3
Referred to in §331.756(71), 902.1, 915.24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.14 - Notification by clerk of the district court.

915.14 Notification by clerk of the district court.
The clerk of the district court shall notify a registered victim of all dispositional orders of the case in which the victim was involved and may advise the victim of any other orders regarding custody or confinement.
98 Acts, ch 1090, §9, 84; 2003 Acts, ch 156, §21; 2004 Acts, ch 1150, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.15 - Notification by department of justice.

915.15 Notification by department of justice.
The department of justice shall notify a registered victim of the filing of an appeal, the expected date of decision on the appeal as the information becomes available to the department, all dispositional orders in the appeal, and the outcome of the appeal of a case in which the victim was involved.
98 Acts, ch 1090, §10, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.16 - Notification by local correctional institutions.

915.16 Notification by local correctional institutions.
The county sheriff or other person in charge of the local jail or detention facility shall notify a registered victim of the following:
1. The offender’s release from custody on bail and the terms or conditions of the release.
2. The offender’s final release from local custody.
3. The offender’s escape from custody.
4. The offender’s transfer from local custody to custody in another locality.
98 Acts, ch 1090, §11, 84
Referred to in §331.653
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.17 - Notification by department of corrections.

915.17 Notification by department of corrections.
1. The department of corrections shall notify a registered victim, regarding an offender convicted of a violent crime and committed to the custody of the director of the department of corrections, of the following:
a. The date on which the offender is expected to be released from custody on work release, and whether the offender is expected to return to the community where the registered victim resides.
b. The date on which the offender is expected to be temporarily released from custody on furlough, and whether the offender is expected to return to the community where the registered victim resides.
c. The offender’s escape from custody.
d. The recommendation by the department of the offender for parole consideration.
e. The date on which the offender is expected to be released from an institution pursuant to a plan of parole or upon discharge of sentence.
f. The transfer of custody of the offender to another state or federal jurisdiction.
g. The procedures for contacting the department to determine the offender’s current institution of residence.
h. Information which may be obtained upon request pertaining to or the procedures for obtaining information upon request pertaining to the offender’s current employer.
2. The director of the department of corrections, or the director’s designee, having probable cause to believe that a person has escaped from a state correctional institution or a person convicted of a forcible felony who is released on work release has absconded from a work release facility shall:
a. Make a complaint before a judge or magistrate. If it is determined from the complaint or accompanying affidavits that there is probable cause to believe that the person has escaped from a state correctional institution or that the forcible felon has absconded from a work release facility, the judge or magistrate shall issue a warrant for the arrest of the person.
b. Issue an announcement regarding the fact of the escape of the person or the abscondence of the forcible felon to the law enforcement authorities in, and to the news media covering, communities in a twenty-five mile radius of the point of escape or abscondence.
98 Acts, ch 1090, §12, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.17A - Notification by judicial district department of correctional services.

915.17A Notification by judicial district department of correctional services.
A judicial district department of correctional services shall notify a registered victim, regarding a sex offender convicted of a sex offense against a minor who is under the supervision of a judicial district department of correctional services, of the following:
1. The beginning date for use of an electronic tracking and monitoring system to supervise the sex offender and the type of electronic tracking and monitoring system used.
2. The date of any modification to the use of an electronic tracking and monitoring system and the nature of the change.
2009 Acts, ch 119, §63
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.18 - Notification by board of parole.

915.18 Notification by board of parole.
1. The board of parole shall notify a registered victim regarding an offender who has committed a violent crime as follows:
a. Not less than twenty days prior to conducting a hearing at which the board will interview an offender, the board shall notify the victim of the interview and inform the victim that the victim may submit the victim’s opinion concerning the release of the offender in writing prior to the hearing or may appear personally or by counsel at the hearing to express an opinion concerning the offender’s release.
b. Whether or not the victim appears at the hearing or expresses an opinion concerning the offender’s release on parole, the board shall notify the victim of the board’s decision regarding release of the offender.
2. Offenders who are being considered for release on parole may be informed of a victim’s registration with the county attorney and the substance of any opinion submitted by the victim regarding the release of the offender.
3. If the board of parole makes a recommendation to the governor for a reprieve, pardon, or commutation of sentence of an offender, as provided in section 914.3, the board shall forward with the recommendation information identifying a registered victim for the purposes of notification by the governor as required in section 915.19.
98 Acts, ch 1090, §13, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.19 - Notification by the governor.

915.19 Notification by the governor.
1. Prior to the governor granting a reprieve, pardon, or commutation to an offender convicted of a violent crime, the governor shall notify a registered victim that the victim’s offender has applied for a reprieve, pardon, or commutation. The governor shall notify a registered victim regarding the application not less than forty-five days prior to issuing a decision on the application. The governor shall inform the victim that the victim may submit a written opinion concerning the application.
2. The county attorney may notify an offender being considered for a reprieve, pardon, or commutation of sentence of a victim’s registration with the county attorney and the substance of any opinion submitted by the victim concerning the reprieve, pardon, or commutation of sentence.
98 Acts, ch 1090, §14, 84
Referred to in §915.18
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.20 - Presence of victim counselors.

915.20 Presence of victim counselors.
1. As used in this section, unless the context otherwise requires:
a. “Proceedings related to the offense” means any activities engaged in or proceedings commenced by a law enforcement agency, judicial district department of correctional services, or a court pertaining to the commission of a public offense against the victim, in which the victim is present, as well as examinations of the victim in an emergency medical facility due to injuries from the public offense which do not require surgical procedures. “Proceedings related to the offense” includes, but is not limited to, law enforcement investigations, pretrial court hearings, trial and sentencing proceedings, and proceedings relating to the preparation of a presentence investigation report in which the victim is present.
b. “Victim counselor” means a victim counselor as defined in section 915.20A.
2. A victim counselor who is present as a result of a request by a victim shall not be denied access to any proceedings related to the offense.
3. This section does not affect the inherent power of the court to regulate the conduct of discovery pursuant to the Iowa rules of criminal or civil procedure or to preside over and control the conduct of criminal or civil hearings or trials.
98 Acts, ch 1090, §15, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.21 - Victim impact statement.

915.21 Victim impact statement.
1. A victim may present a victim impact statement to the court using one or more of the following methods:
a. A victim may file a signed victim impact statement with the county attorney, and a filed impact statement shall be included in the presentence investigation report. If a presentence investigation report is not ordered by the court, a filed victim impact statement shall be provided to the court prior to sentencing. Unless requested otherwise by the victim, the victim impact statement shall be presented at the sentencing hearing in the presence of the defendant, and at any hearing regarding reconsideration of sentence. The victim impact statement may be presented by the victim or the victim’s attorney or designated representative.
b. A victim may orally present a victim impact statement at the sentencing hearing, in the presence of the defendant, and at any hearing regarding reconsideration of sentence.
c. A victim may make a video recording of a statement or, if available, may make a statement from a remote location through a video monitor at the sentencing hearing, in the presence of the defendant, and at any hearing regarding reconsideration of sentence.
d. A victim may make an audio recording of the statement or appear by audio via a speakerphone to make a statement, to be delivered in court in the presence of the defendant, and at any hearing regarding reconsideration of sentence.
e. If the victim is unable to make an oral or written statement because of the victim’s age, or mental, emotional, or physical incapacity, the victim’s attorney or a designated representative shall have the opportunity to make a statement on behalf of the victim.
2. A victim impact statement shall include the identification of the victim of the offense, and may include the following:
a. Itemization of any economic loss suffered by the victim as a result of the offense. For purposes of this paragraph, a pecuniary damages statement prepared by a county attorney pursuant to section 910.3 may serve as the itemization of economic loss.
b. Identification of any physical injury suffered by the victim as a result of the offense with detail as to its seriousness and permanence.
c. Description of any change in the victim’s personal welfare or familial relationships as a result of the offense.
d. Description of any request for psychological services initiated by the victim or the victim’s family as a result of the offense.
e. Any other information related to the impact of the offense upon the victim.
3. A victim shall not be placed under oath and subjected to cross-examination at the sentencing hearing.
4. Nothing in this section shall be construed to affect the inherent power of the court to regulate the conduct of persons present in the courtroom.
98 Acts, ch 1090, §17, 84; 2002 Acts, ch 1039, §2 – 4
Referred to in §235A.15, 235B.6, 901.4B
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 915 - VICTIM RIGHTS › Section 915.23 - Employment discrimination against witnesses prohibited.

915.23 Employment discrimination against witnesses prohibited.
1. An employer shall not discharge an employee, or take or fail to take action regarding an employee’s promotion or proposed promotion, or take action to reduce an employee’s wages or benefits for actual time worked, due to the service of an employee as a witness in a criminal proceeding or as a plaintiff, defendant, or witness in a civil proceeding pursuant to chapter 235F or 236.
2. An employer who violates this section commits a simple misdemeanor.
3. An employee whose employer violates this section shall also be entitled to recover damages from the employer. Damages recoverable under this section include, but are not limited to, actual damages, court costs, and reasonable attorney fees.
4. The employee may also petition the court for imposition of a cease and desist order against the person’s employer and for reinstatement to the person’s previous position of employment.
98 Acts, ch 1090, §19, 84; 99 Acts, ch 96, §52; 2008 Acts, ch 1087, §1; 2014 Acts, ch 1107, §27