Text: HSB00289 Text: HSB00291 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 321.218A CIVIL PENALTY &endash; 1 2 DISPOSITION &endash; REINSTATEMENT. 1 3 When the department receives a record of a person's 1 4 conviction for a violation of section 321.218, the department 1 5 shall assess the person a civil penalty of two hundred 1 6 dollars. The money collected by the department under this 1 7 section shall be transmitted to the treasurer of state who 1 8 shall deposit one-half of the money in the separate fund 1 9 established in section 912.14 and one-half of the money shall 1 10 be deposited in the general fund of the state. A temporary 1 11 restricted license shall not be issued or a motor vehicle 1 12 license or nonresident operating privilege reinstated until 1 13 the civil penalty has been paid. 1 14 Sec. 2. NEW SECTION. 321.561A CIVIL PENALTY &endash; 1 15 DISPOSITION &endash; REINSTATEMENT. 1 16 When the department receives a record of a person's 1 17 conviction for a violation of section 321.561, the department 1 18 shall assess the person a civil penalty of two hundred 1 19 dollars. The money collected by the department under this 1 20 section shall be transmitted to the treasurer of state who 1 21 shall deposit one-half of the money in the separate fund 1 22 established in section 912.14 and one-half of the money shall 1 23 be deposited in the general fund of the state. A temporary 1 24 restricted license shall not be issued or a motor vehicle 1 25 license or nonresident operating privilege reinstated until 1 26 the civil penalty has been paid. 1 27 Sec. 3. NEW SECTION. 321A.32A CIVIL PENALTY &endash; 1 28 DISPOSITION &endash; REINSTATEMENT. 1 29 When the department receives a record of a person's 1 30 conviction for a violation of section 321A.32, paragraph 1, 1 31 the department shall assess the person a civil penalty of two 1 32 hundred dollars. The money collected by the department under 1 33 this section shall be transmitted to the treasurer of state 1 34 who shall deposit one-half of the money in the separate fund 1 35 established in section 912.14 and one-half of the money shall 2 1 be deposited in the general fund of the state. A temporary 2 2 restricted license shall not be issued or a motor vehicle 2 3 license or nonresident operating privilege reinstated until 2 4 the civil penalty has been paid. 2 5 Sec. 4. Section 331.302, subsection 2, Code 1995, is 2 6 amended to read as follows: 2 7 2. A county shall not provide a penalty in excess of a one 2 8 hundred dollar fine or in excess of thirty days imprisonment 2 9 for the violation of an ordinance. The criminal penalty 2 10 surcharge required by section 911.2 and the prison and jail 2 11 surcharge required by section 911A.2 shall be added to a 2 12 county fine andisare not a part of the county's penalty. 2 13 Sec. 5. Section 364.3, subsection 2, Code 1995, is amended 2 14 to read as follows: 2 15 2. A city shall not provide a penalty in excess of a one 2 16 hundred dollar fine or in excess of thirty days imprisonment 2 17 for the violation of an ordinance. An amount equal to ten 2 18 percent of all fines collected by cities shall be deposited in 2 19 the account established in section 602.8108. However, one 2 20 hundred percent of all fines collected by a city pursuant to 2 21 section 321.236, subsection 1, shall be retained by the city. 2 22 The criminal penalty surcharge required by section 911.2 and 2 23 the prison and jail surcharge required by section 911A.2 shall 2 24 be added to a city fine andisare not a part of the city's 2 25 penalty. 2 26 Sec. 6. Section 602.8107, subsection 2, paragraph b, Code 2 27 1995, is amended to read as follows: 2 28 b. Fines or penalties andcriminal penaltysurcharges. 2 29 Sec. 7. Section 602.8107, subsection 4, unnumbered 2 30 paragraph 2, Code 1995, is amended to read as follows: 2 31 This subsection does not apply to amounts collected for 2 32 victim restitution, the victim compensation fund, criminal 2 33 penalty surcharge, prison and jail surcharge, or amounts 2 34 collected as a result of procedures initiated under section 2 35 421.17, subsection 25. 3 1 Sec. 8. Section 805.8, subsection 1, Code 1995, is amended 3 2 to read as follows: 3 3 1. APPLICATION. Except as otherwise indicated, violations 3 4 of sections of the Code specified in this section are 3 5 scheduled violations, and the scheduled fine for each of those 3 6 violations is as provided in this section, whether the 3 7 violation is of state law or of a county or city ordinance. 3 8 The criminal penalty surcharge required by section 911.2 and 3 9 the prison and jail surcharge required by section 911A.2 shall 3 10 be added to the scheduled fine. 3 11 Sec. 9. Section 805.8, subsection 11, unnumbered paragraph 3 12 1, Code 1995, is amended to read as follows: 3 13 For violations of section 142B.6 or 453A.2, subsection 2, 3 14 the scheduled fine is twenty-five dollars, and is a civil 3 15 penalty, and the criminal penalty surcharge under section 3 16 911.2 and the prison and jail surcharge under section 911A.2 3 17 shall not be added to the penalty, and the court costs 3 18 pursuant to section 805.9, subsection 6, shall not be imposed. 3 19 If the civil penalty assessed for a violation of section 3 20 142B.6 is not paid in a timely manner, a citation shall be 3 21 issued for the violation in the manner provided in section 3 22 804.1. However, a person under age eighteen shall not be 3 23 detained in a secure facility for failure to pay the civil 3 24 penalty. The complainant shall not be charged a filing fee. 3 25 Sec. 10. Section 902.9, unnumbered paragraph 2, Code 1995, 3 26 is amended to read as follows: 3 27 The criminal penalty surcharge required by section 911.2 3 28 and the prison and jail surcharge required by section 911A.2 3 29 shall be added to a fine imposed on a class "C" or class "D" 3 30 felon, as provided bythat sectionthose sections, andisare 3 31 not a part of or subject to the maximums set in this section. 3 32 Sec. 11. Section 903.1, subsection 4, Code 1995, is 3 33 amended to read as follows: 3 34 4. The criminal penalty surcharge required by section 3 35 911.2 and the prison and jail surcharge required by section 4 1 911A.2 shall be added to a fine imposed on a misdemeanant, and 4 2isare not a part of or subject to the maximums set in this 4 3 section. 4 4 Sec. 12. NEW SECTION. 907.14 PAYMENT IN LIEU OF FINE. 4 5 When the court has deferred judgment the court may order 4 6 the defendant to pay an amount in lieu of a fine. When the 4 7 court has deferred judgment in a case where a minimum fine 4 8 would otherwise be ordered, the court shall order the 4 9 defendant to pay an amount in lieu of a fine. Payments in 4 10 lieu of fines shall be ordered, enforced, and administered as 4 11 fines under chapter 909. 4 12 Sec. 13. Section 909.8, Code 1995, is amended to read as 4 13 follows: 4 14 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL4 15PENALTY SURCHARGESURCHARGES. 4 16 The provisions of this chapter governing the payment and 4 17 collection of a fine, except section 909.3A, also apply to the 4 18 payment and collection of a criminal penalty surcharge imposed 4 19 pursuant to chapter 911 and the prison and jail surcharge 4 20 imposed pursuant to chapter 911A. 4 21 Sec. 14. Section 909.10, subsection 1, Code 1995, is 4 22 amended to read as follows: 4 23 1. As used in this section, unless the context otherwise 4 24 requires, "delinquent amounts" means a fine, court-imposed 4 25 court costs in a criminal proceeding,orcriminal surcharge 4 26 imposed pursuant to section 911.2, or prison and jail 4 27 surcharge imposed pursuant to section 911A.2, which remains 4 28 unpaid after two years from the date that the fine, court 4 29 costs, or surcharge was imposed, and which is not collected by 4 30 the county attorney pursuant to section 602.8107. However, if 4 31 the fine may be paid in installments pursuant to section 4 32 909.3, the fine is not a delinquent amount unless the 4 33 installment remains unpaid after two years from the date the 4 34 installment was due. 4 35 Sec. 15. NEW SECTION. 911A.1 PRISON AND JAIL SURCHARGE 5 1 ESTABLISHED. 5 2 A prison and jail surcharge shall be levied against certain 5 3 law violators as provided in section 911A.2. The surcharge 5 4 shall be used as provided in section 911A.3. 5 5 Sec. 16. NEW SECTION. 911A.2 SURCHARGE. 5 6 When a court imposes a fine or forfeiture for a violation 5 7 of a state law, or of a city or county ordinance except an 5 8 ordinance regulating the parking of motor vehicles, the court 5 9 shall assess an additional penalty in the form of a surcharge 5 10 equal to ten dollars. In the event of multiple offenses, the 5 11 surcharge shall be based upon the total number of offenses. 5 12 When a fine or forfeiture is suspended in whole or in part, 5 13 the surcharge shall not be reduced. 5 14 The surcharge is subject to the provisions of chapter 909 5 15 governing the payment and collection of fines, as provided in 5 16 section 909.8. 5 17 Sec. 17. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 5 18 When a court assesses a surcharge under section 911A.2, 5 19 notwithstanding any other provision of the Code to the 5 20 contrary, proceeds from the surcharge shall be appropriated 5 21 and distributed as follows: 5 22 1. If the surcharge is assessed for a scheduled violation 5 23 under section 805.8 and the citation was issued by a peace 5 24 officer employed by the state, all of the surcharge shall be 5 25 transferred to the general fund of the state. 5 26 2. If the surcharge is assessed for a scheduled violation 5 27 under section 805.8 and the citation was issued by a peace 5 28 officer employed by a political subdivision, the surcharge 5 29 shall be disposed of in accordance with subsection 3, 5 30 paragraphs "a" and "b". 5 31 3. If the surcharge is assessed for a violation other than 5 32 a scheduled violation, the surcharge shall be disposed of as 5 33 follows: 5 34 a. Five dollars of the surcharge shall be transferred to 5 35 the general fund of the state. 6 1 b. Five dollars of the surcharge shall be transferred to 6 2 the treasurer of the county in which the citation was issued 6 3 to be deposited in the general fund of the county and used 6 4 only for the expansion of the capacity of the county jail or 6 5 the maintenance of county jail facilities. 6 6 EXPLANATION 6 7 The bill imposes a $200 civil penalty when motor vehicle 6 8 licenses are revoked for violations of chapter 321 or 321A 6 9 (financial responsibility). Proceeds from the civil penalty 6 10 are to be split equally between the crime victim compensation 6 11 fund and the state general fund. The bill also provides that 6 12 a payment in lieu of a fine may be assessed against a person 6 13 who receives a deferred judgment in a case where a minimum 6 14 fine would otherwise be ordered. 6 15 The bill also provides for the assessment of a $10 6 16 surcharge on fines and forfeitures imposed for the violation 6 17 of state law or city or county ordinance. If the surcharge is 6 18 imposed for a scheduled violation, the entire surcharge shall 6 19 be allocated to the general fund of the state if the citation 6 20 is issued by a peace officer employed by the state. If the 6 21 citation is issued by a peace officer from a political 6 22 subdivision or for nonscheduled violations, $5 of the 6 23 surcharge would be allocated to the general fund of the state 6 24 and the other $5 of the surcharge would be transferred to the 6 25 county in which the citation was issued for use in financing 6 26 the expansion of county jail facilities or the maintenance of 6 27 existing jail facilities. The surcharge is not considered 6 28 part of a city or county penalty for purposes of the maximum 6 29 amount authorized cities and counties for penalties. 6 30 LSB 1594XL 76 6 31 mk/cf/24.4
Text: HSB00289 Text: HSB00291 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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