Text: SF00463 Text: SF00465 Text: SF00400 - SF00499 Text: SF 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 misdemeanor and 1 7 traffic violation surcharge under section 911.4 shall be added 1 8 to a 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 misdemeanor and traffic violation surcharge under section 1 20 911.4 shall be added to a city fine and is not a part of the 1 21 city's penalty. 1 22 Sec. 3. Section 602.8108, subsection 3, Code 1995, is 1 23 amended to read as follows: 1 24 3. When a court assesses a criminal surcharge under 1 25 section 911.2 or the misdemeanor and traffic violation 1 26 surcharge under section 911.4, the amounts collected shall be 1 27 distributed as follows: 1 28 a. The clerk of the district court shall submit to the 1 29 state court administrator, not later than the fifteenth day of 1 30 each month, ninety-five percent of the surcharge under section 1 31 911.2 collected during the preceding calendar month. The 1 32 clerk shall remit the remainder to the county treasurer of the 1 33 county that was the plaintiff in the action or to the city 1 34 that was the plaintiff in the action. 1 35 b. Of the amount of the surcharge under section 911.2 2 1 received from the clerk, the state court administrator shall 2 2 allocate eighteen percent to be deposited in the fund 2 3 established in section 912.14 and eighty-two percent to be 2 4 deposited in the general fund. 2 5 c. When a court assesses a surcharge under section 911.4, 2 6 the clerk of the district court shall transmit the surcharge 2 7 amounts quarterly to the treasurer of state who shall deposit 2 8 the amounts in the community grant fund established in section 2 9 232.190. 2 10 Sec. 4. Section 805.8, subsection 1, Code 1995, is amended 2 11 to read as follows: 2 12 1. APPLICATION. Except as otherwise indicated, violations 2 13 of sections of the Code specified in this section are 2 14 scheduled violations, and the scheduled fine for each of those 2 15 violations is as provided in this section, whether the 2 16 violation is of state law or of a county or city ordinance. 2 17 The criminal penalty surcharge required by section 911.2 and 2 18 the misdemeanor and traffic violation surcharge under section 2 19 911.4 shall be added to the scheduled fine. 2 20 Sec. 5. Section 805.8, subsection 11, unnumbered paragraph 2 21 1, Code 1995, is amended to read as follows: 2 22 For violations of section 142B.6 or 453A.2, subsection 2, 2 23 the scheduled fine is twenty-five dollars, and is a civil 2 24 penalty, and the criminal penalty surcharge under section 2 25 911.2 or the misdemeanor and traffic violation surcharge under 2 26 section 911.4 shall not be added to the penalty, and the court 2 27 costs pursuant to section 805.9, subsection 6, shall not be 2 28 imposed. If the civil penalty assessed for a violation of 2 29 section 142B.6 is not paid in a timely manner, a citation 2 30 shall be issued for the violation in the manner provided in 2 31 section 804.1. However, a person under age eighteen shall not 2 32 be detained in a secure facility for failure to pay the civil 2 33 penalty. The complainant shall not be charged a filing fee. 2 34 Sec. 6. Section 903.1, subsection 4, Code 1995, is amended 2 35 to read as follows: 3 1 4. The criminal penalty surcharge required by section 3 2 911.2 and the misdemeanor and traffic violation surcharge 3 3 under section 911.4 shall be added to a fine imposed on a 3 4 misdemeanant, and is not a part of or subject to the maximums 3 5 set in this section. 3 6 Sec. 7. NEW SECTION. 911.4 SURCHARGE ON MISDEMEANORS AND 3 7 TRAFFIC VIOLATIONS &endash; DISTRIBUTION. 3 8 1. In addition to the surcharge established in section 3 9 911.1, when a court imposes a fine or forfeiture for a 3 10 violation of a state law, or of a city or county ordinance, 3 11 the court shall also assess an additional penalty in the form 3 12 of a surcharge as follows: 3 13 a. For each misdemeanor, the surcharge shall be five 3 14 dollars. 3 15 b. For each traffic violation which is a scheduled 3 16 violation under section 805.8, subsection 2, the surcharge 3 17 shall be two dollars. 3 18 2. The surcharge is subject to the provisions of chapter 3 19 909 governing the payment and collection of fines as provided 3 20 in section 909.8. 3 21 EXPLANATION 3 22 This bill establishes a $5 surcharge on fines or 3 23 forfeitures from misdemeanors and a $2 surcharge on traffic 3 24 violations which are also scheduled violations. The proceeds 3 25 from these surcharges are to be deposited quarterly in the 3 26 community grant fund administered by the division of criminal 3 27 and juvenile justice planning of the department of human 3 28 rights. 3 29 LSB 1416SV 76 3 30 mk/sc/14
Text: SF00463 Text: SF00465 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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