Iowa Code 910.1 – Definitions
Current as of: 2023 | Check for updates
|
Other versions
As used in this chapter, unless the context otherwise requires:
1. “Category “A” restitution” means fines, penalties, and surcharges.
Terms Used In Iowa Code 910.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal activities: means any crime for which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered and any other crime committed after July 1, 1982, which is admitted or not contested by the offender, whether or not prosecuted. See Iowa Code 910.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Local anticrime organization: means an entity organized for the primary purpose of crime prevention which has been officially recognized by the chief of police of the city in which the organization is located or the sheriff of the county in which the organization is located. See Iowa Code 910.1
- month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
- pecuniary damages: 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. See Iowa Code 910.1
- Permanent restitution order: means an enforceable restitution order entered either at the time of sentencing or at a later date determined by the court. See Iowa Code 910.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- property: includes personal and real property. See Iowa Code 4.1
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- restitution: means fines, penalties, and surcharges. See Iowa Code 910.1
- restitution plan of payment: means a plan for paying restitution wherein the defendant is ordered to pay a certain amount of money each month to repay outstanding restitution. See Iowa Code 910.1
- Verdict: The decision of a petit jury or a judge.
- Victim: means a person who has suffered pecuniary damages as a result of the offender's criminal activities. See Iowa Code 910.1
2. “Category “B” restitution” means the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, court costs, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and payment to the medical assistance program pursuant to chapter 249A for expenditures paid on behalf of the victim resulting from the offender’s criminal activities including investigative costs incurred by the Medicaid fraud control unit pursuant to section 249A.50.
3. “Criminal activities” means any crime for which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered and any other crime committed after July 1, 1982, which is admitted or not contested by the offender, whether or not prosecuted. However, “criminal activities” does not include simple misdemeanors under chapter 321.
4. “Financial affidavit” means a signed affidavit under penalty of perjury that provides financial information about the offender to enable the sentencing court or the department of corrections to make a determination regarding the ability of the offender to pay category “B” restitution. “Financial affidavit” includes the offender’s income, physical and mental health, age, education, employment, inheritance, other debts, other amounts of restitution owed, family circumstances, and any assets subject to execution, including but not limited to cash, accounts at financial institutions, stocks, bonds, and any other property which may be applied to the satisfaction of judgments.
5. “Local anticrime organization” means an entity organized for the primary purpose of crime prevention which has been officially recognized by the chief of police of the city in which the organization is located or the sheriff of the county in which the organization is located.
6. “Pecuniary damages” means all damages to the extent not paid by an insurer on an insurance claim by the 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. Without limitation, “pecuniary damages” 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.
7. “Permanent restitution order” means an enforceable restitution order entered either at the time of sentencing or at a later date determined by the court.
8. “Plan of payment” or “restitution plan of payment” means a plan for paying restitution wherein the defendant is ordered to pay a certain amount of money each month to repay outstanding restitution.
9. “Plan of restitution” means a permanent restitution order, restitution plan of payment, any other court order relating to restitution, or any combination of the foregoing.
10. “Restitution” means pecuniary damages, category “A” restitution, and category “B” restitution.
11. “Victim” means a person who has suffered pecuniary damages as a result of the offender’s criminal activities. However, for purposes of this chapter, an insurer paying a victim’s insurance claim is not a victim and does not have a right of subrogation. An insurer may be a victim for purposes of this chapter if insurance fraud in violation of section 507E.3 or 507E.3A has been perpetrated against the insurer. The crime victim compensation program is not an insurer for purposes of this chapter, and the right of subrogation provided by section 915.92 does not prohibit restitution to the crime victim compensation program.