Text: HSB00577 Text: HSB00579 Text: HSB00500 - HSB00599 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 revokes a person's motor vehicle 1 4 license or nonresident operating privilege under this chapter, 1 5 the department shall assess the person a civil penalty of two 1 6 hundred dollars. The money collected by the department under 1 7 this section shall be transmitted to the treasurer of state 1 8 who shall deposit one-half of the money in the victim 1 9 compensation fund established in section 912.14 and one-half 1 10 of the money shall be deposited in the general fund of the 1 11 state. A temporary restricted license shall not be issued or 1 12 a motor vehicle license or nonresident operating privilege 1 13 reinstated until the civil penalty has been paid. 1 14 Sec. 2. NEW SECTION. 321A.32A CIVIL PENALTY &endash; 1 15 DISPOSITION &endash; REINSTATEMENT. 1 16 When the department revokes a person's motor vehicle 1 17 license or nonresident operating privilege under this chapter, 1 18 the department shall assess the person a civil penalty of two 1 19 hundred dollars. The money collected by the department under 1 20 this section shall be transmitted to the treasurer of state 1 21 who shall deposit one-half of the money in the victim 1 22 compensation fund established in section 912.14 and one-half 1 23 of the money shall be deposited in the general fund of the 1 24 state. A temporary restricted license shall not be issued or 1 25 a motor vehicle license or nonresident operating privilege 1 26 reinstated until the civil penalty has been paid. 1 27 Sec. 3. Section 331.302, subsection 2, Code 1995, is 1 28 amended to read as follows: 1 29 2. A county shall not provide a penalty in excess of a one 1 30 hundred dollar fine or in excess of thirty days imprisonment 1 31 for the violation of an ordinance. The criminal penalty 1 32 surcharge required by section 911.2 and the jail, courthouse 1 33 security, and detention facility surcharge required by section 1 34 911A.2 shall be added to a county fine andisare not a part 1 35 of the county's penalty. 2 1 Sec. 4. Section 364.3, subsection 2, Code 1995, is amended 2 2 to read as follows: 2 3 2. A city shall not provide a penalty in excess of a one 2 4 hundred dollar fine or in excess of thirty days imprisonment 2 5 for the violation of an ordinance. An amount equal to ten 2 6 percent of all fines collected by cities shall be deposited in 2 7 the account established in section 602.8108. However, one 2 8 hundred percent of all fines collected by a city pursuant to 2 9 section 321.236, subsection 1, shall be retained by the city. 2 10 The criminal penalty surcharge required by section 911.2 and 2 11 the jail, courthouse security, and detention facility 2 12 surcharge required by section 911A.2 shall be added to a city 2 13 fine andisare not a part of the city's penalty. 2 14 Sec. 5. Section 602.8107, subsection 2, paragraph b, Code 2 15 Supplement 1995, is amended to read as follows: 2 16 b. Fines or penalties andcriminal penaltysurcharges. 2 17 Sec. 6. Section 602.8107, subsection 4, unnumbered 2 18 paragraph 2, Code Supplement 1995, is amended to read as 2 19 follows: 2 20 This subsection does not apply to amounts collected for 2 21 victim restitution, the victim compensation fund, criminal 2 22 penalty surcharge, jail, courthouse security, and detention 2 23 facility surcharge, or amounts collected as a result of 2 24 procedures initiated under subsection 5 or under section 2 25 421.17, subsection 25. 2 26 Sec. 7. Section 805.8, subsection 1, Code Supplement 1995, 2 27 is amended to read as follows: 2 28 1. APPLICATION. Except as otherwise indicated, violations 2 29 of sections of the Code specified in this section are 2 30 scheduled violations, and the scheduled fine for each of those 2 31 violations is as provided in this section, whether the 2 32 violation is of state law or of a county or city ordinance. 2 33 The criminal penalty surcharge required by section 911.2 and 2 34 the jail, courthouse security, and detention facility 2 35 surcharge required by section 911A.2 shall be added to the 3 1 scheduled fine. 3 2 Sec. 8. Section 805.8, subsection 11, unnumbered paragraph 3 3 1, Code Supplement 1995, is amended to read as follows: 3 4 For violations of section 142B.6 or 453A.2, subsection 2, 3 5 the scheduled fine is twenty-five dollars, and is a civil 3 6 penalty, and the criminal penalty surcharge under section 3 7 911.2 and the jail, courthouse security, and detention 3 8 facility surcharge under section 911A.2 shall not be added to 3 9 the penalty, and the court costs pursuant to section 805.9, 3 10 subsection 6, shall not be imposed. If the civil penalty 3 11 assessed for a violation of section 142B.6 is not paid in a 3 12 timely manner, a citation shall be issued for the violation in 3 13 the manner provided in section 804.1. However, a person under 3 14 age eighteen shall not be detained in a secure facility for 3 15 failure to pay the civil penalty. The complainant shall not 3 16 be charged a filing fee. 3 17 Sec. 9. Section 902.9, unnumbered paragraph 2, Code 1995, 3 18 is amended to read as follows: 3 19 The criminal penalty surcharge required by section 911.2 3 20 and the jail, courthouse security, and detention facility 3 21 surcharge required by section 911A.2 shall be added to a fine 3 22 imposed on a class "C" or class "D" felon, as provided bythat3 23sectionthose sections, andisare not a part of or subject to 3 24 the maximums set in this section. 3 25 Sec. 10. Section 903.1, subsection 4, Code 1995, is 3 26 amended to read as follows: 3 27 4. The criminal penalty surcharge required by section 3 28 911.2 and the jail, courthouse security, and detention 3 29 facility surcharge required by section 911A.2 shall be added 3 30 to a fine imposed on a misdemeanant, andisare not a part of 3 31 or subject to the maximums set in this section. 3 32 Sec. 11. NEW SECTION. 907.14 PAYMENT IN LIEU OF FINE. 3 33 When the court has deferred judgment the court may order 3 34 the defendant to pay an amount in lieu of a fine in a case 3 35 where a minimum fine would otherwise be ordered. Payments in 4 1 lieu of fines shall be ordered, enforced, and administered as 4 2 fines under chapter 909. 4 3 Sec. 12. Section 909.8, Code 1995, is amended to read as 4 4 follows: 4 5 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL4 6PENALTY SURCHARGESURCHARGES. 4 7 The provisions of this chapter governing the payment and 4 8 collection of a fine, except section 909.3A, also apply to the 4 9 payment and collection of a criminal penalty surcharge imposed 4 10 pursuant to chapter 911 and the jail, courthouse security, and 4 11 detention facility surcharge imposed pursuant to chapter 911A. 4 12 Sec. 13. Section 909.10, subsection 1, Code 1995, is 4 13 amended to read as follows: 4 14 1. As used in this section, unless the context otherwise 4 15 requires, "delinquent amounts" means a fine, court-imposed 4 16 court costs in a criminal proceeding,orcriminal surcharge 4 17 imposed pursuant to section 911.2, or jail, courthouse 4 18 security, and detention facility surcharge imposed pursuant to 4 19 section 911A.2, which remains unpaid after two years from the 4 20 date that the fine, court costs, or surcharge was imposed, and 4 21 which is not collected by the county attorney pursuant to 4 22 section 602.8107. However, if the fine may be paid in 4 23 installments pursuant to section 909.3, the fine is not a 4 24 delinquent amount unless the installment remains unpaid after 4 25 two years from the date the installment was due. 4 26 Sec. 14. NEW SECTION. 911A.1 JAIL, COURTHOUSE SECURITY, 4 27 AND DETENTION FACILITY SURCHARGE ESTABLISHED. 4 28 A jail, courthouse security, and detention facility 4 29 surcharge shall be levied against certain law violators as 4 30 provided in section 911A.2. The surcharge shall be used as 4 31 provided in section 911A.3. 4 32 Sec. 15. NEW SECTION. 911A.2 SURCHARGE. 4 33 When a court imposes a fine or forfeiture for a violation 4 34 of a state law, or of a city or county ordinance except an 4 35 ordinance regulating the parking of motor vehicles, the court 5 1 shall assess an additional penalty in the form of a surcharge 5 2 equal to ten dollars. In the event of multiple offenses, the 5 3 surcharge shall be based upon the total number of offenses. 5 4 When a fine or forfeiture is suspended in whole or in part, 5 5 the surcharge shall not be reduced. 5 6 The surcharge is subject to the provisions of chapter 909 5 7 governing the payment and collection of fines, as provided in 5 8 section 909.8. 5 9 Sec. 16. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 5 10 1. When a court assesses a surcharge under section 911A.2, 5 11 notwithstanding any other provision of the Code to the 5 12 contrary, proceeds from the surcharge shall be appropriated 5 13 and transferred to the treasurer of the county in which the 5 14 citation was issued to be deposited in the county general fund 5 15 and used only for courthouse security and the improvement, 5 16 expansion, or construction of a jail or juvenile detention 5 17 facility. 5 18 2. At any time and for the purposes specified in 5 19 subsection 1, a county may transfer proceeds received and 5 20 deposited pursuant to this section to a contiguous county or a 5 21 county that has a relationship with the transferring county 5 22 concerning the use of a jail or juvenile detention facility in 5 23 the recipient county. 5 24 EXPLANATION 5 25 The bill imposes a $200 civil penalty when motor vehicle 5 26 licenses are revoked for violations of chapter 321 or 321A 5 27 (financial responsibility). Proceeds from the civil penalty 5 28 are to be split equally between the crime victim compensation 5 29 fund and the state general fund. 5 30 The bill also provides that a payment in lieu of a fine may 5 31 be assessed against a person who receives a deferred judgment 5 32 in a case where a minimum fine would otherwise be ordered. 5 33 The bill also provides for the assessment of a $10 5 34 surcharge on criminal fines and forfeitures imposed for the 5 35 violation of state law or city or county ordinance. The $10 6 1 surcharge would be transferred to the county in which the 6 2 citation was issued for use in providing courthouse security 6 3 and financing the improvement, expansion, or construction of 6 4 county jail and juvenile detention facilities. The bill 6 5 provides that the surcharge proceeds shall be deposited in the 6 6 county general fund. The bill also provides that the county 6 7 may transfer, at any time, the funds to a contiguous county or 6 8 a county in which it has a relationship concerning the use of 6 9 its jail or juvenile detention facility for the purposes 6 10 authorized by this bill. The surcharge is not considered part 6 11 of a county penalty for purposes of the maximum amount 6 12 authorized counties for penalties. 6 13 LSB 3725XL 76 6 14 ec/cf/24.4
Text: HSB00577 Text: HSB00579 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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