Senate
File
2223
-
Introduced
SENATE
FILE
2223
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3026)
A
BILL
FOR
An
Act
relating
to
the
deferral
of
costs
and
fees
in
a
court
1
proceeding
for
persons
unable
to
pay
such
costs
and
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
610.1,
unnumbered
paragraph
1,
Code
1
2009,
is
amended
to
read
as
follows:
2
A
court
of
the
district
court,
court
of
appeals,
or
supreme
3
court
shall
authorize
the
commencement,
prosecution,
or
4
defense
of
a
suit,
action,
proceeding,
or
appeal,
whether
5
civil
or
criminal,
through
conviction,
final
judgment,
or
6
decree,
without
the
prepayment
of
fees,
costs,
or
security
7
upon
a
showing
that
the
person
is
unable
to
pay
such
costs
or
8
give
security.
The
person
shall
submit
an
affidavit
stating
9
the
nature
of
the
suit,
action,
proceeding,
or
appeal
and
the
10
affiant’s
belief
that
there
is
an
entitlement
to
redress.
11
Such
affidavit
shall
also
include
a
brief
financial
statement
12
showing
the
person’s
inability
to
pay
costs,
fees,
or
give
13
security.
Any
authorization
to
proceed
without
prepayment
of
14
fees,
costs,
or
security
under
this
chapter
may
be
made
by
the
15
court
without
hearing.
The
filing
of
an
affidavit
to
proceed
16
without
the
prepayment
of
fees,
costs,
or
security
tolls
the
17
applicable
statute
of
limitations.
Upon
the
denial
of
an
18
application
and
affidavit
to
proceed
without
the
prepayment
of
19
fees,
costs,
or
security,
the
person
shall
have
the
remainder
20
of
the
limitations
period
in
which
to
pay
fees,
costs,
or
give
21
security.
This
section
does
not
allow
the
deferral
of
the
cost
22
of
a
transcript.
23
Sec.
2.
Section
610.3,
Code
2009,
is
amended
to
read
as
24
follows:
25
610.3
Deferral
of
costs.
26
When
an
application
and
supporting
affidavit
are
filed
and
27
approved
by
the
court
and
a
civil
or
criminal
proceeding
is
28
instituted,
the
court
shall
order
that
all
fees,
costs,
and
29
security
be
deferred
until
after
final
disposition
of
the
30
proceeding.
31
Sec.
3.
Section
610A.1,
unnumbered
paragraph
1,
Code
2009,
32
is
amended
to
read
as
follows:
33
Notwithstanding
section
610.1
,
610.3,
or
822.5,
if
the
34
person
bringing
a
civil
action
or
appeal
is
an
inmate
of
an
35
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2223
institution
or
facility
under
the
control
of
the
department
1
of
corrections
or
a
prisoner
of
a
county
or
municipal
jail
or
2
detention
facility,
the
inmate
or
prisoner
shall
pay
in
full
3
all
fees
and
costs
associated
with
the
action
or
appeal.
4
EXPLANATION
5
This
bill
relates
to
deferral
of
costs
(in
forma
pauperis)
in
6
court
proceedings.
7
The
bill
requires
the
court
to
authorize
the
commencement
of
8
a
court
proceeding
including
criminal
or
civil
matters
through
9
conviction,
final
judgment,
or
decree,
upon
a
showing
a
party
10
is
unable
to
pay
the
fees
and
costs
of
such
a
proceeding.
11
The
bill
also
specifies
that
all
fees
and
costs,
upon
a
12
showing
a
party
is
unable
to
pay,
be
deferred
until
after
final
13
disposition
of
the
proceeding.
14
The
bill
does
not
affect
provisions
requiring
an
inmate
or
15
prisoner
to
pay
a
portion
of
a
filing
fee
related
to
any
court
16
action
as
provided
in
Code
section
610A.1.
17
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