HF 2193 (LSB 5113HV (4) 87)

HOUSE FILE 2193

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 508)

A BILL FOR

An Act establishing a text messaging notification and payment system for certain citations and informations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8102, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  0105B.  Facilitate the establishment of a text messaging notification and payment system pursuant to section 602.8106A.
    Sec. 2.  NEW SECTION.  602.8106A  Text messaging notification and payment system.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Court debt” means all fines, penalties, court costs, fees, forfeited bail, surcharges under chapter 911, victim restitution, court-appointed attorney fees or expenses of a public defender ordered pursuant to section 815.9, or fees charged pursuant to section 356.7 or 904.108.
   b.  “Fine” includes a fine, penalty, fee, surcharge, court costs, or forfeited bail.
   c.  “Text messaging” means a text-based message.
   2.  a.  The judicial branch shall contract with a private vendor for the establishment of a voluntary notification and payment system that utilizes text messaging for the delivery of citation and complaint and information copies, for court appearance reminders, and for the payment of fines for local traffic violations, for simple misdemeanor violations of chapter 321, or for other violations when no court appearance is required prior to an admission of guilt.
   b.  The text messaging notification and payment system shall account for the delivery of the citation and complaint or the information when admitting to a violation pursuant to the procedures established under section 805.9.
   c.  (1)  Beginning July 1, 2018, through June 30, 2020, notwithstanding any contrary provision of this section, the judicial branch may contract with a private vendor to establish a voluntary notification and payment system. If the judicial branch contracts with a private vendor, the vendor contract shall provide for a collection fee of up to six percent of the amount of the fine, which percentage shall be negotiated by the judicial branch. The collection fee shall be added to the amount of the fine and shall be used to compensate the private vendor.
   (2)  On or after July 1, 2020, the vendor contract shall provide for a collection fee of up to six percent of the amount of the fine. The collection fee shall be added to the amount of the fine and shall be used to compensate the private vendor.
   d.  The text messaging payment system shall not be utilized for the collection of delinquent court debt.
    Sec. 3.  Section 805.9, subsections 1 and 2, Code 2018, are amended to read as follows:
   1.  In cases of scheduled violations, the defendant, before the time specified in the citation and complaint for appearance before the court, may sign the admission of violation on the citation and complaint and deliver or mail a copy of the citation and complaint, together with the minimum fine for the violation, plus court costs, to a scheduled violations office in the county, or utilize the text messaging notification and payment system established pursuant to section 602.8106A. The office shall, if the offense is a moving violation under chapter 321, forward an abstract of the citation and complaint and admission to the state department of transportation as required by section 321.491. In this case the defendant is not required to appear before the court. The admission constitutes a conviction.
   2.  A defendant charged with a scheduled violation by information may obtain two copies of the information from the court and, before the time the defendant is required to appear before the court, deliver or mail the copies, together with the defendant’s admission, fine, and court costs, to the scheduled violations office in the county, or utilize the text messaging notification and payment system established pursuant to section 602.8106A.  The procedure, fine, and costs are the same as when the charge is by citation and complaint, with the admission and the number of the defendant’s driver’s license as defined in section 321.1 placed upon the information when the violation involves the use of a motor vehicle.
    Sec. 4.  Section 805.9, subsection 3, paragraph a, Code 2018, is amended to read as follows:
   a.  If the defendant wishes to admit the violation, the officer may release the defendant upon observing the person mail the citation and complaint, admission, and minimum fine, together with court costs, to a traffic violations office in the county, in an envelope furnished by the officer, or upon observing the person utilize the text messaging notification and payment system established pursuant to section 602.8106A. The admission constitutes a conviction and judgment in the amount of the scheduled fine plus court costs. The officer may allow the defendant to use a credit card pursuant to rules adopted under section 805.14 by the department of public safety or to mail a check in the proper amount in lieu of cash. If the check is not paid by the drawee for any reason, the defendant may be held in contempt of court. The officer shall advise the defendant of the penalty for nonpayment of the check.
    Sec. 5.  Section 805.9, subsection 6, Code 2018, is amended to read as follows:
   6.  The court costs imposed by this section are the total costs collectible from a defendant upon either a hearing pursuant to subsection 4, or upon an admission of a violation without hearing, or upon a hearing pursuant to subsection 4. However, fees are collectible from the defendant pursuant to section 602.8106A, if the text messaging notification and payment system is utilized by the defendant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a text messaging notification and payment system for citations.
   Beginning July 1, 2018, through June 30, 2020, the judicial branch may contract with a private vendor for the establishment of a voluntary notification and payment system that utilizes text messaging for the delivery of a citation and complaint and information copies, for court appearance reminders, and for the payment of fines for local traffic violations, for simple misdemeanor violations of Code chapter 321, or for other violations when no court appearance is required prior to the admission of guilt.
   Beginning July 1, 2020, the bill requires the judicial branch to contract with a private vendor to establish such a voluntary notification and payment system.
   When a person admits to a violation any time before a required court appearance, the bill requires the text messaging notification and payment system to account for the delivery of the citation and complaint or information to the scheduled violations office in the county. Current law requires the citation and complaint or information be delivered or mailed to the scheduled violations office in the county.
   The bill permits the vendor contract to provide for a collection fee of up to 6 percent of the amount of the fine, which percentage shall be negotiated by the judicial branch. The collection fee shall be added to the amount of the fine and shall be used to compensate the private vendor.
   The bill prohibits the utilization of the text messaging payment system for the collection of delinquent court debt.