For rules related to the crime victim compensation program of
the section, the following definitions apply:
"Affinity" means the relationship of persons
who are related by marriage, cohabitation, or engagement to be married.
"Applicant" includes the following individuals
who file an application with the crime victim compensation program:
1. A victim of a crime, as defined in Iowa
Code section 915.80(9).
2. A person responsible for the care and
maintenance of a victim.
3. A
resident of Iowa who is the
victim of an act that would be compensable had it
occurred within the state of Iowa and any of the following apply:
* The act occurred in a state or foreign country that does not
have a victim compensation program as defined in the federal law;
* The act occurred in a state or foreign country whose victim
compensation program has insufficient or inadequate benefits; or
* The act occurred on an aircraft while in flight or occurred
on waters outside of the jurisdiction of any particular state or
country.
4. In the event of
a victim's death, the spouse, former spouse, child, foster child, parent, legal
guardian, foster parent, stepparent, sibling, or foster sibling of a victim, or
a person cohabiting with, or related by blood or affinity to the victim. An
estate is not an eligible applicant for crime victim compensation. An estate
shall, however, be reimbursed for funeral and burial expenses if the estate
paid the costs on behalf of an eligible applicant who shall benefit from the
proceeds of the estate.
5. A legal
representative authorized to act on behalf of any of the persons listed
above.
"Causal relationship" means that the crime
would not have occurred without the action of the victim. A causal relationship
exists if the actions of the victim result in a foreseeable injury, play a
substantial role in the injury, or directly cause the injury.
"Claimant" means an applicant who has been
found to be eligible for compensation.
"Cohabiting" means living in the same
household. It is not necessary to establish that a sexual relationship exists
between the parties.
"Compensation" means moneys awarded by the
section as authorized in Iowa Code chapter 915.
"Consent" means to agree to a course of action
or to voluntarily allow what is planned or done by another.
"Counseling" means problem solving and support
concerning emotional issues that result from a compensable crime. Counseling is
a confidential service provided on an individual basis or in a group.
Counseling has as a primary purpose to enhance, protect and restore a person's
sense of well-being and social functioning. Counseling does not include victim
advocacy services; conversation in a nonprivate setting such as the common area
of a shelter or a courthouse; transportation; or attendance at medical
procedures, law enforcement interviews or civil and criminal justice
proceedings.
"Crime" as defined in Iowa Code section 915.80
includes:
1. Conduct punishable as a
misdemeanor or a felony.
2.
Property crimes, including but not limited to robbery, residential burglary,
and residential arson, where there is a threat of personal injury or harm
against a person.
3. Violation of a
custody order in which the custodial parent suffers injury.
"Denial" means disqualification of an
application or reduction in the amount of compensation paid.
"Dependent" means a person who is wholly or
partially reliant upon a victim for care or support and includes a child of the
victim born after the victim's death, or a person who is unable to care for
oneself due to injury, disability, or minor age status.
"Incitement" means to urge forward or to goad
to action.
"Lost wages or income," "lost income," or
"lost wages" means the gross rate of pay, decreased by 25
percent.
"Medical care" means services provided by or
provided under the supervision of a person licensed under Iowa law as a medical
physician or surgeon, physician assistant, osteopathic physician or surgeon,
chiropractor, podiatrist, physical therapist, acupuncturist, or dentist.
Medical care also includes services rendered in accordance with a method of
healing sanctioned by a federally recognized sovereign nation or tribe.
"Medically necessary" means that the items and
services prescribed or recommended by a medical provider under the prescriptive
authority of the medical provider's license are reasonably necessary to
facilitate the victim's physical and emotional recovery from the compensable
crime.
"Pecuniary loss" means the amount of medical
or medical-related expenses that include but are not limited to eyeglasses,
hearing aids, dentures, and prosthetic devices, including those that were
taken, lost, or destroyed during the crime; home health care; medications;
counseling; pregnancy-related services; equipment rental or purchase; property
alteration; transportation for emergencies and medical care provided outside
the victim's county of residence; or health insurance premiums covered by an
employer previous to the victim's disability from the crime. Pecuniary loss
shall also include the loss of income that the victim has incurred as a direct
result of the injury to the extent that the victim has not been and shall not
be indemnified from any other source.
"Personal injury" or "injury"
means bodily harm or mental suffering and shall include a victim's pregnancy or
miscarriage resulting from a crime.
"Program" means the crime victim compensation
program of the department of justice.
"Provocation" means to cause anger,
resentment, or deep feelings that cause or instigate another to take
action.
"Public funds" means moneys provided by
federal, state, county, city or other local government.
"Reasonable charges" means those ordinarily
charged by the provider of the service to the general public for services of a
similar nature.
"Residence" means a property on which an
applicant lives and may include but is not limited to a dwelling, detached
garage, shed, or similar structure located on the property, or a privately
owned vehicle if the vehicle serves as the primary residence.
