Senate File 2356 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3075)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the judicial branch including contested and
  2    uncontested parking violations, assessment of city and county
  3      fines, filing civil citations of municipal infractions with
  4    the clerk, and records kept by the clerk.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 SF 2356
  7 jm/rj/cc/26

PAG LIN



  1  1    Section 1.  Section 321.236, subsection 1, unnumbered
  1  2 paragraph 2, Code Supplement 2007, is amended to read as
  1  3 follows:
  1  4    Parking meter, snow route, and overtime parking violations
  1  5 which are denied contested shall be charged and proceed before
  1  6 a court the same as other traffic violations.  Filing fees and
  1  7 court costs shall be assessed as provided in section 602.8106,
  1  8 subsection 1 and section 805.6, subsection 1, paragraph "a"
  1  9 for parking violation cases.  Parking violations which are
  1 10 admitted:
  1 11    Sec. 2.  Section 321.236, subsection 1, paragraphs a and b,
  1 12 Code Supplement 2007, are amended to read as follows:
  1 13    a.  May Parking violations which are uncontested shall be
  1 14 charged and collected upon a simple notice of a fine payable
  1 15 to the city clerk, if authorized by ordinance.  The fine for
  1 16 each violation charged under a simple notice of a fine shall
  1 17 be established by ordinance.  The fine may be increased by
  1 18 five dollars if the parking violation is not paid within
  1 19 thirty days of the date upon which the violation occurred, if
  1 20 authorized by ordinance.  Violations of section 321L.4,
  1 21 subsection 2, may shall be charged and collected upon a simple
  1 22 notice of a one hundred dollar fine payable to the city clerk,
  1 23 if authorized by ordinance.  No costs Costs or other charges
  1 24 shall not be assessed.  All fines collected by a city pursuant
  1 25 to this paragraph shall be retained by the city and all fines
  1 26 collected by a county pursuant to this paragraph shall be
  1 27 retained by the county, except as provided by an agreement
  1 28 between a city and a county treasurer for the collection of
  1 29 fines pursuant to section 331.553, subsection 8.
  1 30    b.  Notwithstanding any such ordinance, may be prosecuted
  1 31 under the provisions of sections 805.7 to 805.13 or as any
  1 32 other traffic violation.
  1 33    Sec. 3.  Section 331.302, subsection 2, Code 2007, is
  1 34 amended to read as follows:
  1 35    2.  A For a violation of an ordinance a county shall not
  2  1 provide a penalty in excess of a five hundred dollar the
  2  2 maximum fine or in excess of thirty days and term of
  2  3 imprisonment for the violation of an ordinance a simple
  2  4 misdemeanor under section 903.1, subsection 1, paragraph "a".
  2  5 The criminal penalty surcharge required by section 911.1 shall
  2  6 be added to a county fine and is not a part of the county's
  2  7 penalty.
  2  8    Sec. 4.  Section 331.302, subsection 4A, paragraph a,
  2  9 subparagraph (2), Code 2007, is amended to read as follows:
  2 10    (2)  A portion of the Code of Iowa may be adopted by
  2 11 reference only if the criminal penalty provided by the law
  2 12 adopted does not exceed thirty days the maximum fine and term
  2 13 of imprisonment and a five hundred dollar fine for a simple
  2 14 misdemeanor under section 903.1, subsection 1, paragraph "a".
  2 15    Sec. 5.  Section 364.3, subsection 2, Code 2007, is amended
  2 16 to read as follows:
  2 17    2.  A For the violation of an ordinance a city shall not
  2 18 provide a penalty in excess of a five hundred dollar the
  2 19 maximum fine or in excess of thirty days and term of
  2 20 imprisonment for the violation of an ordinance a simple
  2 21 misdemeanor under section 903.1, subsection 1, paragraph "a".
  2 22 An amount equal to ten percent of all fines collected by
  2 23 cities shall be deposited in the account established in
  2 24 section 602.8108.  However, one hundred percent of all fines
  2 25 collected by a city pursuant to section 321.236, subsection 1,
  2 26 shall be retained by the city.  The criminal penalty surcharge
  2 27 required by section 911.1 shall be added to a city fine and is
  2 28 not a part of the city's penalty.
  2 29    Sec. 6.  Section 364.22, subsection 4, unnumbered paragraph
  2 30 1, Code 2007, is amended to read as follows:
  2 31    An officer authorized by a city to enforce a city code or
  2 32 regulation may issue a civil citation to a person who commits
  2 33 a municipal infraction.  The A copy of the citation may be
  2 34 served by personal service as provided in rule of civil
  2 35 procedure 1.305, by certified mail addressed to the defendant
  3  1 at the defendant's last known mailing address, return receipt
  3  2 requested, or by publication in the manner as provided in rule
  3  3 of civil procedure 1.310 and subject to the conditions of rule
  3  4 of civil procedure 1.311.  A copy of the citation shall be
  3  5 retained by the issuing officer, and one copy the original
  3  6 citation shall be sent to the clerk of the district court.
  3  7 The citation shall serve as notification that a civil offense
  3  8 has been committed and shall contain the following
  3  9 information:
  3 10    Sec. 7.  Section 380.10, subsection 2, Code 2007, is
  3 11 amended to read as follows:
  3 12    2.  A portion of the Code of Iowa may be adopted by
  3 13 reference only if the criminal penalty provided by the law
  3 14 adopted does not exceed thirty days' the maximum fine and term
  3 15 of imprisonment and a five hundred dollar fine for a simple
  3 16 misdemeanor under section 903.1, subsection 1, paragraph "a".
  3 17    Sec. 8.  Section 602.8104, subsection 2, Code 2007, is
  3 18 amended by adding the following new paragraph:
  3 19    NEW PARAGRAPH.  k.  A record book of certificates of
  3 20 deposit, not in the clerk's name, which are being held by the
  3 21 clerk on behalf of a conservatorship, trust, or an estate
  3 22 pursuant to a court order as provided in section 636.37.
  3 23    Sec. 9.  Section 602.8106, subsection 1, paragraph c, Code
  3 24 Supplement 2007, is amended to read as follows:
  3 25    c.  For filing and docketing a complaint or information or
  3 26 uniform citation and complaint for parking violations under
  3 27 sections 321.236, 321.239, 321.358, 321.360, and 321.361,
  3 28 eight dollars, effective January 1, 2004.  The court costs in
  3 29 cases of parking meter and overtime parking violations which
  3 30 are denied contested, and charged and collected pursuant to
  3 31 section 321.236, subsection 1, or pursuant to a uniform
  3 32 citation and complaint, are eight dollars per information or
  3 33 complaint or per uniform citation and complaint effective
  3 34 January 1, 1991.
  3 35    Sec. 10.  Section 636.37, Code 2007, is amended to read as
  4  1 follows:
  4  2    636.37  DUTY OF CLERK.
  4  3    1.  The clerk of the district court with whom any deposit
  4  4 of funds, moneys, or securities shall be made, as provided by
  4  5 any law or an order of court, shall enter in a book, to be
  4  6 provided and kept for that purpose, the amount of such
  4  7 deposit, the character thereof, the date of its deposit, from
  4  8 whom received, from what source derived, to whom due or to
  4  9 become due, if known.
  4 10    2.  A separate book shall be maintained for all
  4 11 certificates of deposit not in the name of the clerk of the
  4 12 district court that are being held by the clerk on behalf of a
  4 13 conservatorship, trust, or estate.  The book shall list the
  4 14 relevant details of the transaction, including but not limited
  4 15 to the name of the conservator, trustee, or executor, and
  4 16 cross references to the court orders opening and closing the
  4 17 conservatorship, trust, or estate.
  4 18    Sec. 11.  Section 805.8A, subsection 1, paragraph a, Code
  4 19 2007, is amended to read as follows:
  4 20    a.  For parking violations under sections 321.236, 321.239,
  4 21 321.358, 321.360, and 321.361, the scheduled fine is five
  4 22 dollars, except if the local authority has established the
  4 23 fine by ordinance pursuant to section 321.236, subsection 1.
  4 24 The scheduled fine for a parking violation pursuant to section
  4 25 321.236 increases by five dollars, as if authorized by
  4 26 ordinance pursuant to section 321.236, subsection 1, and if
  4 27 the parking violation is not paid within thirty days of the
  4 28 date upon which the violation occurred.  For purposes of
  4 29 calculating the unsecured appearance bond required under
  4 30 section 805.6, the scheduled fine shall be five dollars, or if
  4 31 the amount of the fine is greater than five dollars, the
  4 32 unsecured appearance bond shall be the amount of the fine
  4 33 established by the local authority pursuant to section
  4 34 321.236, subsection 1.  However, violations charged by a city
  4 35 or county upon simple notice of a fine instead of a uniform
  5  1 citation and complaint as permitted required by section
  5  2 321.236, subsection 1, paragraph "a", are not scheduled
  5  3 violations, and this section shall not apply to any offense
  5  4 charged in that manner.  For a parking violation under section
  5  5 321.362 or 461A.38, the scheduled fine is ten dollars.
  5  6 SF 2356
  5  7 jm/rj/cc/26