House File 314 - Introduced HOUSE FILE 314 BY KELLEY A BILL FOR An Act relating to the assessment of the drug abuse resistance 1 education surcharge. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2475YH (2) 86 jh/nh
H.F. 314 Section 1. Section 907.3, unnumbered paragraph 1, Code 1 2015, is amended to read as follows: 2 Pursuant to section 901.5 , the trial court may, upon a plea 3 of guilty, a verdict of guilty, or a special verdict upon which 4 a judgment of conviction may be rendered, exercise any of the 5 options contained in this section . However, this section does 6 not apply to a forcible felony or to a violation of chapter 7 709 committed by a person who is a mandatory reporter of child 8 abuse under section 232.69 in which the victim is a person who 9 is under the age of eighteen , or to the drug abuse resistance 10 education surcharge assessed in section 911.2 . 11 Sec. 2. Section 911.2, subsection 2, Code 2015, is amended 12 to read as follows: 13 2. In the event of multiple offenses, the surcharge shall be 14 imposed for each applicable offense. The surcharge shall not 15 also be assessed for any offense for which the court defers the 16 sentence or judgment or suspends the sentence. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the assessment of the drug abuse 21 resistance education surcharge. 22 The bill requires the assessment of the drug abuse 23 resistance education surcharge for a deferred judgment or 24 sentence or a suspended sentence. 25 The drug abuse resistance education surcharge is assessed 26 for violations of Code chapter 321J (OWI) or Code chapter 124, 27 division IV (controlled substances). 28 The amount of the drug abuse resistance education surcharge 29 is $10 for each violation and is distributed to the governor’s 30 office of drug control policy pursuant to Code section 31 602.8108(4). 32 -1- LSB 2475YH (2) 86 jh/nh 1/ 1