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PAG LIN 1 1 Section 1. Section 236.6, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. When the court is unavailable from the close of 1 4 business at the end of the day or week to the resumption of 1 5 business at the beginning of the day or week, a petition may 1 6 be filed before a district judge,or district associate judge 1 7designated by the chief judge of the judicial district, who 1 8 may grant emergency relief in accordance with section 236.5, 1 9 subsection 2 if the district judge or district associate judge 1 10 deems it necessary to protect the plaintiff from domestic 1 11 abuse, upon good cause shown in an ex parte proceeding. 1 12 Present danger of domestic abuse to the plaintiff constitutes 1 13 good cause for purposes of this subsection. 1 14 Sec. 2. Section 602.6306, subsection 2, Code 1995, is 1 15 amended to read as follows: 1 16 2. District associate judges also have jurisdiction in 1 17 civil actions for money judgment where the amount in 1 18 controversy does not exceed ten thousand dollars, jurisdiction 1 19 over involuntary commitment, treatment, or hospitalization 1 20 proceedings under chapters 125 and 229, jurisdiction of 1 21 indictable misdemeanors, and felony violations of section 1 22 321J.2, jurisdiction to enter a temporary or emergency order 1 23 of protection under chapter 236, and to make court 1 24 appointments and set hearings in criminal matters, 1 25 jurisdiction to enter orders in probate which do not require 1 26 notice and hearing and to set hearings in actions under 1 27 chapter 633, and the jurisdiction provided in section 602.7101 1 28 when designated as a judge of the juvenile court. While 1 29 presiding in these subject matters a district associate judge 1 30 shall employ district judges' practice and procedure. 1 31 Sec. 3. Section 602.9204, subsection 1, Code 1995, is 1 32 amended to read as follows: 1 33 1. A senior judge or a retired senior judge shall not be 1 34 paid a salary. A senior judge or retired senior judge shall 1 35 be paid an annuity under the judicial retirement system in the 2 1 manner provided in section 602.9109, but computed under this 2 2 section in lieu of section 602.9107, as follows: The annuity 2 3 paid to a senior judge or retired senior judge shall be an 2 4 amount equal to three percent of the basic senior judge 2 5 salary, multiplied by the judge's years of service prior to 2 6 retirement as a judge of one or more of the courts included 2 7 under this article, for which contributions were made to the 2 8 system, except the annuity of the senior judge or retired 2 9 senior judge shall not exceed fifty percent of the basic 2 10 senior judge salary used in calculating the annuity or fifty 2 11 percent of the basic annual salary which the judge is 2 12 receiving at the time the judge becomes separated from 2 13 service, whichever is greater. However, following the twelve- 2 14 month period during which the senior judge or retired senior 2 15 judge attains seventy-eight years of age, the annuity paid to 2 16 the person shall be an amount equal to three percent of the 2 17 basic senior judge salary cap, multiplied by the judge's years 2 18 of service prior to retirement as a judge of one or more of 2 19 the courts included under this article, for which 2 20 contributions were made to the system, except that the annuity 2 21 shall not exceed fifty percent of the basic senior judge 2 22 salary cap. A senior judge or retired senior judge shall not 2 23 receive benefits calculated using a basic senior judge salary 2 24 established after the twelve-month period in which the senior 2 25 judge or retired senior judge attains seventy-eight years of 2 26 age. In addition, if a senior judge is under sixty-five years 2 27 of age at the time the judge becomes a senior judge, the state 2 28 shall pay the state's share of the senior judge's medical 2 29 insurance premium until the judge attains age sixty-five. 2 30 Sec. 4. Section 910.2, Code 1995, is amended to read as 2 31 follows: 2 32 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 2 33 SENTENCING COURT. 2 34 In all criminal casesincluding but not limited toexcept 2 35 restitution to victims for simple misdemeanors under chapter 3 1 321, in which there is a plea of guilty, verdict of guilty, or 3 2 special verdict upon which a judgment of conviction is 3 3 rendered, the sentencing court shall order that restitution be 3 4 made by each offender to the victims of the offender's 3 5 criminal activities, to the clerk of court for fines, 3 6 penalties, surcharges, and, to the extent that the offender is 3 7 reasonably able to pay, for crime victim assistance 3 8 reimbursement, court costs, court-appointed attorney's fees, 3 9 or the expense of a public defender when applicable. However, 3 10 victims shall be paid in full before fines, penalties, and 3 11 surcharges, crime victim compensation program reimbursement, 3 12 court costs, court-appointed attorney's fees, or the expenses 3 13 of a public defender are paid. In structuring a plan of 3 14 restitution, the court shall provide for payments in the 3 15 following order of priority: victim, fines, penalties, and 3 16 surcharges, crime victim compensation program reimbursement, 3 17 court costs, and court-appointed attorney's fees, or the 3 18 expense of a public defender. When the offender is not 3 19 reasonably able to pay all or a part of the crime victim 3 20 compensation program reimbursement, court costs, court- 3 21 appointed attorney's fees, or the expense of a public 3 22 defender, the court may require the offender in lieu of that 3 23 portion of the crime victim compensation program 3 24 reimbursement, court costs, court-appointed attorney's fees, 3 25 or expense of a public defender for which the offender is not 3 26 reasonably able to pay, to perform a needed public service for 3 27 a governmental agency or for a private, nonprofit agency which 3 28 provides a service to the youth, elderly, or poor of the 3 29 community. When community service is ordered, the court shall 3 30 set a specific number of hours of service to be performed by 3 31 the offender. The judicial district department of 3 32 correctional services shall provide for the assignment of the 3 33 offender to a public agency or private nonprofit agency to 3 34 perform the required service. 3 35 Sec. 5. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 4 1 Section 3 of this Act, being deemed of immediate importance, 4 2 takes effect upon enactment and applies retroactively to July 4 3 1, 1994. 4 4 EXPLANATION 4 5 This bill provides that district associate judges may enter 4 6 temporary protection orders in domestic abuse cases and 4 7 eliminates the requirement that district associate judges be 4 8 designated as authorized to enter emergency protection orders 4 9 by the chief judge of the judicial district. The bill also 4 10 provides that the maximum amount for a retirement annuity of a 4 11 senior judge shall not exceed 50 percent of the basic senior 4 12 judge salary used in calculating the annuity or 50 percent of 4 13 the basic annual salary which the judge received at the time 4 14 of separation from service, whichever is greater. This 4 15 provision is effective upon enactment and retroactive to July 4 16 1, 1994. This alters the change to this section enacted 4 17 during the 1994 session of the general assembly. Finally, the 4 18 bill provides that restitution to victims shall not be 4 19 assessed in traffic violation cases which are simple 4 20 misdemeanors. 4 21 BACKGROUND STATEMENT 4 22 SUBMITTED BY THE AGENCY 4 23 Sections 1 and 2 of the bill expand the jurisdiction of a 4 24 district associate judge so that the judge has authority to 4 25 enter temporary protection orders in domestic abuse cases 4 26 under chapter 236. Plaintiffs in the rural areas of Iowa are 4 27 often unable to obtain temporary protection orders as quickly 4 28 as plaintiffs living in urban areas because of the lack of 4 29 district court judges in rural counties. Many rural counties 4 30 have a district court judge available only once every two 4 31 weeks. These changes would increase the number of judges with 4 32 jurisdiction to enter temporary protection orders in domestic 4 33 abuse cases and, consequently, provide the rural domestic 4 34 violence victim with a greater opportunity to obtain legal 4 35 protection. There are approximately 56 district associate 5 1 judges in Iowa. 5 2 Section 3 fixes a technical defect in the 1994 changes to 5 3 the senior judge program. Last session's bill altered the 5 4 retirement benefit which can be received by a judge who 5 5 participates in the senior judge program. The result is that 5 6 the annuity of a senior judge with sufficient years of service 5 7 to attain the maximum annuity is less than that of a judge who 5 8 has attained the maximum annuity, retires, and does not become 5 9 a senior judge, until the active judges attain a salary 5 10 increase. 5 11 Section 4 amends section 910.2 so that restitution cannot 5 12 be assessed in traffic violation cases. Prior to last 5 13 session, restitution could not be ordered in traffic violation 5 14 cases. House File 2352 amended section 910.2 to allow 5 15 restitution in those cases. This change has created some 5 16 confusion and problems for magistrates. 5 17 First of all, magistrates may only order fines up to $100. 5 18 Their civil jurisdiction is limited to small claims cases in 5 19 which the jurisdictional amount is currently $3,000. There is 5 20 no limit on the amount of restitution which may be ordered 5 21 under chapter 910. Consequently, magistrates are in the 5 22 position of ordering restitution in amounts which may exceed 5 23 the jurisdictional limits. 5 24 Second, in traffic offenses, the magistrate may be asked to 5 25 determine questions of fault, comparative fault, and damages 5 26 for purposes of restitution. The time it takes to dispose of 5 27 a traffic offense, usually a few minutes, could mushroom into 5 28 a hearing which lasts for hours, tying up the magistrate and 5 29 causing delays for other cases. 5 30 Furthermore, there is confusion about whether a restitution 5 31 plan would toll the statute of limitations for filing a civil 5 32 action. 5 33 Finally, in most traffic offense cases, only the defendant 5 34 appears in court. Without the victim in court, determination 5 35 of restitution is made more difficult. 6 1 LSB 1194DP 76 6 2 mk/cf/24
Text: SSB00067 Text: SSB00069 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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