H.F. 2193 Section 1. Section 602.8102, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 0105B. Facilitate the establishment of 3 a text messaging notification and payment system pursuant to 4 section 602.8106A. 5 Sec. 2. NEW SECTION . 602.8106A Text messaging notification 6 and payment system. 7 1. As used in this section, unless the context otherwise 8 requires: 9 a. “Court debt” means all fines, penalties, court costs, 10 fees, forfeited bail, surcharges under chapter 911, victim 11 restitution, court-appointed attorney fees or expenses of a 12 public defender ordered pursuant to section 815.9, or fees 13 charged pursuant to section 356.7 or 904.108. 14 b. “Fine” includes a fine, penalty, fee, surcharge, court 15 costs, or forfeited bail. 16 c. “Text messaging” means a text-based message. 17 2. a. The judicial branch shall contract with a private 18 vendor for the establishment of a voluntary notification and 19 payment system that utilizes text messaging for the delivery 20 of citation and complaint and information copies, for court 21 appearance reminders, and for the payment of fines for local 22 traffic violations, for simple misdemeanor violations of 23 chapter 321, or for other violations when no court appearance 24 is required prior to an admission of guilt. 25 b. The text messaging notification and payment system shall 26 account for the delivery of the citation and complaint or the 27 information when admitting to a violation pursuant to the 28 procedures established under section 805.9. 29 c. (1) Beginning July 1, 2018, through June 30, 2020, 30 notwithstanding any contrary provision of this section, the 31 judicial branch may contract with a private vendor to establish 32 a voluntary notification and payment system. If the judicial 33 branch contracts with a private vendor, the vendor contract 34 shall provide for a collection fee of up to six percent of the 35 -1- LSB 5113HV (4) 87 jm/rj 1/ 4

H.F. 2193 amount of the fine, which percentage shall be negotiated by 1 the judicial branch. The collection fee shall be added to the 2 amount of the fine and shall be used to compensate the private 3 vendor. 4 (2) On or after July 1, 2020, the vendor contract shall 5 provide for a collection fee of up to six percent of the amount 6 of the fine. The collection fee shall be added to the amount of 7 the fine and shall be used to compensate the private vendor. 8 d. The text messaging payment system shall not be utilized 9 for the collection of delinquent court debt. 10 Sec. 3. Section 805.9, subsections 1 and 2, Code 2018, are 11 amended to read as follows: 12 1. In cases of scheduled violations, the defendant, before 13 the time specified in the citation and complaint for appearance 14 before the court, may sign the admission of violation on the 15 citation and complaint and deliver or mail a copy of the 16 citation and complaint, together with the minimum fine for the 17 violation, plus court costs, to a scheduled violations office 18 in the county , or utilize the text messaging notification and 19 payment system established pursuant to section 602.8106A . 20 The office shall, if the offense is a moving violation under 21 chapter 321 , forward an abstract of the citation and complaint 22 and admission to the state department of transportation as 23 required by section 321.491 . In this case the defendant is not 24 required to appear before the court. The admission constitutes 25 a conviction. 26 2. A defendant charged with a scheduled violation by 27 information may obtain two copies of the information from the 28 court and, before the time the defendant is required to appear 29 before the court, deliver or mail the copies, together with the 30 defendant’s admission, fine, and court costs, to the scheduled 31 violations office in the county , or utilize the text messaging 32 notification and payment system established pursuant to section 33 602.8106A . The procedure, fine, and costs are the same as when 34 the charge is by citation and complaint, with the admission and 35 -2- LSB 5113HV (4) 87 jm/rj 2/ 4

H.F. 2193 the number of the defendant’s driver’s license as defined in 1 section 321.1 placed upon the information when the violation 2 involves the use of a motor vehicle. 3 Sec. 4. Section 805.9, subsection 3, paragraph a, Code 2018, 4 is amended to read as follows: 5 a. If the defendant wishes to admit the violation, the 6 officer may release the defendant upon observing the person 7 mail the citation and complaint, admission, and minimum fine, 8 together with court costs, to a traffic violations office in 9 the county, in an envelope furnished by the officer , or upon 10 observing the person utilize the text messaging notification 11 and payment system established pursuant to section 602.8106A . 12 The admission constitutes a conviction and judgment in the 13 amount of the scheduled fine plus court costs. The officer 14 may allow the defendant to use a credit card pursuant to rules 15 adopted under section 805.14 by the department of public safety 16 or to mail a check in the proper amount in lieu of cash. If the 17 check is not paid by the drawee for any reason, the defendant 18 may be held in contempt of court. The officer shall advise the 19 defendant of the penalty for nonpayment of the check. 20 Sec. 5. Section 805.9, subsection 6, Code 2018, is amended 21 to read as follows: 22 6. The court costs imposed by this section are the total 23 costs collectible from a defendant upon either a hearing 24 pursuant to subsection 4, or upon an admission of a violation 25 without hearing , or upon a hearing pursuant to subsection 4 . 26 However, fees are collectible from the defendant pursuant to 27 section 602.8106A, if the text messaging notification and 28 payment system is utilized by the defendant. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill establishes a text messaging notification and 33 payment system for citations. 34 Beginning July 1, 2018, through June 30, 2020, the judicial 35 -3- LSB 5113HV (4) 87 jm/rj 3/ 4

H.F. 2193 branch may contract with a private vendor for the establishment 1 of a voluntary notification and payment system that utilizes 2 text messaging for the delivery of a citation and complaint 3 and information copies, for court appearance reminders, and 4 for the payment of fines for local traffic violations, for 5 simple misdemeanor violations of Code chapter 321, or for other 6 violations when no court appearance is required prior to the 7 admission of guilt. 8 Beginning July 1, 2020, the bill requires the judicial 9 branch to contract with a private vendor to establish such a 10 voluntary notification and payment system. 11 When a person admits to a violation any time before a 12 required court appearance, the bill requires the text messaging 13 notification and payment system to account for the delivery 14 of the citation and complaint or information to the scheduled 15 violations office in the county. Current law requires the 16 citation and complaint or information be delivered or mailed to 17 the scheduled violations office in the county. 18 The bill permits the vendor contract to provide for a 19 collection fee of up to 6 percent of the amount of the fine, 20 which percentage shall be negotiated by the judicial branch. 21 The collection fee shall be added to the amount of the fine and 22 shall be used to compensate the private vendor. 23 The bill prohibits the utilization of the text messaging 24 payment system for the collection of delinquent court debt. 25 -4- LSB 5113HV (4) 87 jm/rj 4/ 4