Text: HF00159 Text: HF00161 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.302, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. A county shall not provide a penalty in excess of a one 1 4 hundred dollar fine or in excess of thirty days imprisonment 1 5 for the violation of an ordinance. The criminal penalty 1 6 surcharge required by section 911.2 and the prison and jail 1 7 surcharge required by section 911A.2 shall be added to a 1 8 county fine and is not a part of the county's penalty. 1 9 Sec. 2. Section 364.3, subsection 2, Code 1995, is amended 1 10 to read as follows: 1 11 2. A city shall not provide a penalty in excess of a one 1 12 hundred dollar fine or in excess of thirty days imprisonment 1 13 for the violation of an ordinance. An amount equal to ten 1 14 percent of all fines collected by cities shall be deposited in 1 15 the account established in section 602.8108. However, one 1 16 hundred percent of all fines collected by a city pursuant to 1 17 section 321.236, subsection 1, shall be retained by the city. 1 18 The criminal penalty surcharge required by section 911.2 and 1 19 the prison and jail surcharge required by section 911A.2 shall 1 20 be added to a city fine and is not a part of the city's 1 21 penalty. 1 22 Sec. 3. Section 602.8107, subsection 2, paragraph b, Code 1 23 1995, is amended to read as follows: 1 24 b. Fines or penalties andcriminal penaltysurcharges. 1 25 Sec. 4. Section 602.8107, subsection 4, unnumbered 1 26 paragraph 2, Code 1995, is amended to read as follows: 1 27 This subsection does not apply to amounts collected for 1 28 victim restitution, the victim compensation fund, criminal 1 29 penalty surcharge, prison and jail surcharge, or amounts 1 30 collected as a result of procedures initiated under section 1 31 421.17, subsection 25. 1 32 Sec. 5. Section 805.8, subsection 1, Code 1995, is amended 1 33 to read as follows: 1 34 1. APPLICATION. Except as otherwise indicated, violations 1 35 of sections of the Code specified in this section are 2 1 scheduled violations, and the scheduled fine for each of those 2 2 violations is as provided in this section, whether the 2 3 violation is of state law or of a county or city ordinance. 2 4 Thecriminal penalty surchargesurcharges required by section 2 5 911.2 and section 911A.2 shall be added to the scheduled fine. 2 6 Sec. 6. Section 805.8, subsection 11, unnumbered paragraph 2 7 1, Code 1995, is amended to read as follows: 2 8 For violations of section 142B.6 or 453A.2, subsection 2, 2 9 the scheduled fine is twenty-five dollars, and is a civil 2 10 penalty, and thecriminal penalty surchargesurcharges under 2 11 section 911.2 and section 911A.2 shall not be added to the 2 12 penalty, and the court costs pursuant to section 805.9, 2 13 subsection 6, shall not be imposed. If the civil penalty 2 14 assessed for a violation of section 142B.6 is not paid in a 2 15 timely manner, a citation shall be issued for the violation in 2 16 the manner provided in section 804.1. However, a person under 2 17 age eighteen shall not be detained in a secure facility for 2 18 failure to pay the civil penalty. The complainant shall not 2 19 be charged a filing fee. 2 20 Sec. 7. Section 902.9, unnumbered paragraph 2, Code 1995, 2 21 is amended to read as follows: 2 22 The criminal penalty surcharge required by section 911.2 2 23 and the prison and jail surcharge required by section 911A.2 2 24 shall be added to a fine imposed on a class "C" or class "D" 2 25 felon, as provided bythat sectionthose sections, andisare 2 26 not a part of or subject to the maximums set in this section. 2 27 Sec. 8. Section 903.1, subsection 4, Code 1995, is amended 2 28 to read as follows: 2 29 4. The criminal penalty surcharge required by section 2 30 911.2 and the prison and jail surcharge required by section 2 31 911A.2 shall be added to a fine imposed on a misdemeanant, and 2 32isare not a part of or subject to the maximums set in this 2 33 section. 2 34 Sec. 9. Section 909.8, Code 1995, is amended to read as 2 35 follows: 3 1 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL3 2PENALTY SURCHARGESURCHARGES. 3 3 The provisions of this chapter governing the payment and 3 4 collection of a fine, except section 909.3A, also apply to the 3 5 payment and collection of a criminal penalty surcharge imposed 3 6 pursuant to chapter 911 and the prison and jail surcharge 3 7 imposed pursuant to chapter 911A. 3 8 Sec. 10. Section 909.10, subsection 1, Code 1995, is 3 9 amended to read as follows: 3 10 1. As used in this section, unless the context otherwise 3 11 requires, "delinquent amounts" means a fine, court-imposed 3 12 court costs in a criminal proceeding,orcriminal surcharge 3 13 imposed pursuant to section 911.2, or prison and jail 3 14 surcharge imposed pursuant to section 911A.2, which remains 3 15 unpaid after two years from the date that the fine, court 3 16 costs, or surcharge was imposed, and which is not collected by 3 17 the county attorney pursuant to section 602.8107. However, if 3 18 the fine may be paid in installments pursuant to section 3 19 909.3, the fine is not a delinquent amount unless the 3 20 installment remains unpaid after two years from the date the 3 21 installment was due. 3 22 Sec. 11. NEW SECTION. 911A.1 PRISON AND JAIL SURCHARGE 3 23 ESTABLISHED. 3 24 A prison and jail surcharge shall be levied against certain 3 25 law violators as provided in section 911A.2. The surcharge 3 26 shall be used as provided in section 911A.3. 3 27 Sec. 12. NEW SECTION. 911A.2 SURCHARGE. 3 28 When a court imposes a fine or forfeiture for a violation 3 29 of a state law, or of a city or county ordinance except an 3 30 ordinance regulating the parking of motor vehicles, the court 3 31 shall assess an additional penalty in the form of a surcharge 3 32 equal to ten dollars. In the event of multiple offenses, the 3 33 surcharge shall be based upon the total number of offenses. 3 34 When a fine or forfeiture is suspended in whole or in part, 3 35 the surcharge shall not be reduced. 4 1 The surcharge is subject to the provisions of chapter 909 4 2 governing the payment and collection of fines, as provided in 4 3 section 909.8. 4 4 Sec. 13. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 4 5 When a court assesses a surcharge under section 911A.2, 4 6 notwithstanding any other provision of the Code to the 4 7 contrary, proceeds from the surcharge shall be appropriated 4 8 and distributed as follows: 4 9 1. If the surcharge is assessed for a scheduled violation 4 10 under section 805.8 and the citation was issued by a peace 4 11 officer employed by the state, all of the surcharge shall be 4 12 transferred to the department of corrections to be used only 4 13 for the construction and maintenance of incarceration space 4 14 necessary to expand the capacity of prisons or community-based 4 15 correctional facilities. 4 16 2. If the surcharge is assessed for a scheduled violation 4 17 under section 805.8 and the citation was issued by a peace 4 18 officer employed by a political subdivision, the surcharge 4 19 shall be disposed of in accordance with subsection 3, 4 20 paragraphs "a" and "b". 4 21 3. If the surcharge is assessed for a violation other than 4 22 a scheduled violation, the surcharge shall be disposed of as 4 23 follows: 4 24 a. Five dollars of the surcharge shall be transferred to 4 25 the department of corrections to be used only for the 4 26 construction and maintenance of incarceration space necessary 4 27 to expand the capacity of prisons or community-based 4 28 correctional facilities. 4 29 b. Five dollars of the surcharge shall be transferred to 4 30 the treasurer of the county in which the citation was issued 4 31 to be deposited in the general fund of the county and used 4 32 only for the expansion of the capacity of the county jail or 4 33 the maintenance of county jail facilities. 4 34 EXPLANATION 4 35 This bill provides for the assessment of a $10 surcharge on 5 1 fines and forfeitures imposed for the violation of state law 5 2 or city or county ordinance. If the surcharge is imposed for 5 3 a scheduled violation, the entire surcharge shall be allocated 5 4 to the department of corrections for use in expanding the 5 5 capacity of Iowa prisons and community-based correctional 5 6 facilities, if the citation is issued by a peace officer 5 7 employed by the state. If the citation is issued by a peace 5 8 officer from a political subdivision or for nonscheduled 5 9 violations, $5 of the surcharge would be allocated to the 5 10 department of corrections and the other $5 of the surcharge 5 11 would be transferred to the county in which the citation was 5 12 issued for use in financing the expansion of county jail 5 13 facilities or the maintenance of existing jail facilities. 5 14 The bill also provides that the prison and jail surcharge is 5 15 not considered part of a penalty imposed by a city or county. 5 16 LSB 1682HH 76 5 17 mk/cf/24.1
Text: HF00159 Text: HF00161 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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