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PAG LIN
1 1 Section 1. Section 321.40, unnumbered paragraph 4, Code
1 2 Supplement 1995, is amended to read as follows:
1 3 The county treasurer shall refuse to renew the registration
1 4 of a vehicle registered to a person when notified that there
1 5 is a warrant outstanding for the person's arrest or the person
1 6 has not paid restitution as defined under section 910.1,
1 7 subsection 3, to the clerk of the court located within that
1 8 county. Each clerk of court subject to this section shall, by
1 9 the last day of each month, notify the county treasurer of
1 10 that county of all persons against whom an arrest warrant has
1 11 been issued and is outstanding or who owe delinquent
1 12 restitution. Immediately upon the cancellation or
1 13 satisfaction of the arrest warrant or restitution the clerk of
1 14 court shall notify the county treasurer if that person's name
1 15 appeared on the last list furnished to the county treasurer.
1 16 This paragraph does not apply to the transfer of a
1 17 registration or the issuance of a new registration. The
1 18 provisions of this paragraph are applicable to counties with a
1 19 population of twenty-five thousand or more. The provisions of
1 20 this paragraph shall be applicable to any county with a
1 21 population of less than twenty-five thousand upon the adoption
1 22 of a resolution by the county board of supervisors so
1 23 providing.
1 24 Sec. 2. Section 602.8106, subsection 1, Code Supplement
1 25 1995, is amended by adding the following new paragraphs:
1 26 NEW PARAGRAPH. g. For payment of a fine on an installment
1 27 basis pursuant to section 909.3, fifteen dollars.
1 28 NEW PARAGRAPH. h. For granting of a deferred judgment or
1 29 deferred sentence, fifty dollars.
1 30 Sec. 3. Section 602.8107, subsection 3, Code Supplement
1 31 1995, is amended by striking the subsection and inserting in
1 32 lieu thereof the following:
1 33 3. A fine, penalty, court cost, fee, or surcharge is
1 34 delinquent if it is not paid on the date due. If a defendant
1 35 was granted permission pursuant to section 909.3, for payments
2 1 to be made on an installment basis and an installment is not
2 2 paid on the date due, the entire amount of the judgment is
2 3 deemed delinquent.
2 4 Sec. 4. Section 602.8107, subsection 4, unnumbered
2 5 paragraph 1, Code Supplement 1995, is amended to read as
2 6 follows:
2 7 All fines, penalties, court costs, fees, surcharges, and
2 8 restitution for court-appointed attorney fees or for expenses
2 9 of a public defender which are delinquent for six months may
2 10 be collected by the county attorney or the county attorney's
2 11 designee. Thirty-five percent of the amounts collected by the
2 12 county attorney or the person procured or designated by the
2 13 county attorney shall be deposited in the general fund of the
2 14 county if the county attorney has filed the notice required in
2 15 section 331.756, subsection 5, unless the county attorney has
2 16 discontinued collection efforts on a particular delinquent
2 17 amount. The remainder shall be paid to the clerk for
2 18 distribution under section 602.8108.
2 19 Sec. 5. Section 909.3, Code 1995, is amended by striking
2 20 the section and inserting in lieu thereof the following:
2 21 909.3 PAYMENT OF FINE.
2 22 1. A fine imposed by the court is immediately due and
2 23 payable. Upon a showing of good cause, the court or a court
2 24 employee designated by the chief judge of the judicial
2 25 district may grant permission for payment of the fine to be
2 26 made within a specified period of time or in specified
2 27 installments.
2 28 2. Notwithstanding an order granting a defendant
2 29 permission for payment of a fine within a specified period of
2 30 time or in specified installments, restitution as defined in
2 31 section 910.1, subsection 3, is subject to collection pursuant
2 32 to section 421.17, subsections 25 and 29, at any time.
2 33 EXPLANATION
2 34 This bill requires that a county treasurer refuse to renew
2 35 the motor vehicle registration of a person when notified that
3 1 there is a warrant outstanding for the person's arrest. This
3 2 applies in counties with populations of 25,000 and greater, or
3 3 in counties with a population of less than 25,000 if adopted
3 4 by a resolution of the board of supervisors. The bill
3 5 requires the clerk of court to notify the county treasurer of
3 6 all persons against whom an arrest warrant has been issued and
3 7 is outstanding.
3 8 The bill adds an additional $15 fee for defendants for whom
3 9 the court has allowed the payment of fines within a specified
3 10 time period or on an installment basis and a $50 fee for
3 11 defendants who have been granted a deferred judgment or
3 12 deferred sentence.
3 13 The bill provides that a fine, penalty, court cost, fee, or
3 14 surcharge is delinquent if it is not paid on the date due and
3 15 provides that if a defendant was granted permission for
3 16 payments to be made on an installment basis and an installment
3 17 is not paid on the date due, the entire amount of the judgment
3 18 is deemed delinquent. Current law provides that a fine,
3 19 penalty, court cost, fees, surcharge, or restitution is deemed
3 20 delinquent if it is not paid within six months after the date
3 21 it is assessed and that a judgment is deemed delinquent if
3 22 installment payments were allowed and the payment is not
3 23 received within 30 days of the due date.
3 24 This bill allows a county attorney to collect a fine,
3 25 penalty, court cost, fee, surcharge, or restitution for court-
3 26 appointed attorney's fees or a public defender, after a six-
3 27 month delinquency.
3 28 Finally, the bill strikes a provision which allowed the
3 29 court to fix a date in the future, not to exceed 120 days, for
3 30 payment of a fine if the defendant was unable to immediately
3 31 pay the fine and allowed the court to extend the time period
3 32 for payment for good cause shown. The bill changes the
3 33 current requirements allowing installment payments by
3 34 requiring that the court or a court employee designated by the
3 35 chief judge of the judicial district may grant permission for
4 1 installment payments to be made within a specified period of
4 2 time or in specified installments. However, the bill provides
4 3 that restitution owed is subject to being set off at any time
4 4 against an income tax refund or rebate owed the defendant or
4 5 against any claim owed the defendant by the state.
4 6 LSB 4302SV 76
4 7 js/sc/14.1
Text: SF02425 Text: SF02427 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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