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PAG LIN
1 1 Section 1. Section 602.8107, subsection 3, Code 1995, is
1 2 amended to read as follows:
1 3 3. a. A fine, penalty, court cost, fee, or surcharge is
1 4 deemed delinquent if it is not paid within six months after
1 5 the date it is assessed. An amount which was ordered by the
1 6 court to be paid on a date fixed in the future pursuant to
1 7 section 909.3 is deemed delinquent if it is not received by
1 8 the clerk within six months after the fixed future date set
1 9 out in the court order. If an amount was ordered to be paid
1 10 by installments, and an installment is not received within
1 11 thirty days after the date it is due, the entire amount of the
1 12 judgment is deemed delinquent.
1 13 b. The clerk shall keep a list of all fines, penalties,
1 14 court costs, fees, or surcharges which are six months or more
1 15 delinquent. This list shall be made available upon request to
1 16 a private attorney for the purpose of attempting collection of
1 17 the delinquent amounts by the private attorney. The list
1 18 shall also contain information on those individuals from whom
1 19 the county attorney or the county attorney's designee is
1 20 actively seeking to collect delinquent amounts and information
1 21 on those individuals from whom a private attorney is actively
1 22 seeking to collect delinquent amounts.
1 23 c. An individual who owes delinquent amounts under this
1 24 subsection shall not be subject to concurrent collection
1 25 efforts by the county attorney, a private attorney, or the
1 26 department of revenue and finance.
1 27 d. For the purposes of this section, "private attorney"
1 28 means an attorney in private practice who has not been
1 29 designated by the county attorney to collect delinquent
1 30 amounts under section 331.756, subsection 5.
1 31 Sec. 2. Section 602.8107, subsection 4, Code 1995, is
1 32 amended to read as follows:
1 33 4. a. All fines, penalties, court costs, fees,
1 34 surcharges, and restitution for court-appointed attorney fees
1 35 or for expenses of a public defender which are delinquent may
2 1 be collected by the county attorney or the county attorney's
2 2 designee, or by a private attorney. A private attorney may
2 3 utilize any method to collect a delinquent amount as is
2 4 available to collect a civil judgment, including garnishment.
2 5 Amounts collected shall be distributed as follows:
2 6 (1) Thirty-five percent of the amounts collected by the
2 7 county attorney or the person procured or designated by the
2 8 county attorney shall be deposited in the general fund of the
2 9 county if the county attorney has filed the notice required in
2 10 section 331.756, subsection 5, unless the county attorney has
2 11 discontinued collection efforts on a particular delinquent
2 12 amount and has transferred collection responsibilities to the
2 13 department of revenue and finance or the amount is being
2 14 collected by a private attorney. The remainder shall be paid
2 15 to the clerk for distribution under section 602.8108.
2 16 (2) The costs of collecting a delinquent amount by a
2 17 private attorney shall be added to the delinquent amount. Of
2 18 the amount delinquent representing a fine, penalty, court
2 19 cost, fee, surcharge, or restitution for court-appointed
2 20 attorney fees or for expenses of a public defender, ten
2 21 percent shall be retained by the clerk of the district court
2 22 and the remainder shall be deposited in the judicial
2 23 retirement fund under section 602.9104.
2 24 b. This subsection does not apply to amounts collected for
2 25 victim restitution, the victim compensation fund, criminal
2 26 penalty surcharge, or amounts collected as a result of
2 27 procedures initiated under section 421.17, subsection 25.
2 28 c. The county attorney or a private attorney shall file
2 29 with the clerk of the district court a notice of the
2 30 satisfaction of each obligation to the full extent of the
2 31 moneys collected in satisfaction of the obligation. The clerk
2 32 of the district court shall record the notice and enter a
2 33 satisfaction for the amounts collected.
2 34 Sec. 3. Section 602.8107, subsection 5, unnumbered
2 35 paragraph 1, Code 1995, is amended to read as follows:
3 1 If a private attorney has not filed a notice regarding the
3 2 collection of a particular delinquent amount or county
3 3 attorney has not filed a notice of commitment to collect
3 4 delinquent obligations pursuant to section 331.756, subsection
3 5 5, or has transferred collection responsibility for a
3 6 particular delinquent amount to the department, the department
3 7 of revenue and finance or its designee may collect delinquent
3 8 fines, penalties, court costs, surcharges, restitution for
3 9 court-appointed attorney fees, or expenses of a public
3 10 defender. From the amounts collected, the department shall
3 11 pay for the services of its designee and the remainder shall
3 12 be deposited in the general fund of the state.
3 13 Sec. 4. Section 602.9104A, subsection 2, Code 1995, is
3 14 amended to read as follows:
3 15 2. Notwithstanding section 602.8105, 602.8106, or 631.6,
3 16 or any other provision of law to the contrary, except section
3 17 602.8107, court revenues shall not be deposited in the
3 18 judicial retirement fund established in section 602.9104. If
3 19 a provision of law provides for the deposit of court revenues
3 20 in the judicial retirement fund, except as provided in section
3 21 602.8107, those court revenues shall be deposited in the
3 22 general fund.
3 23 Sec. 5. Section 909.10, subsection 1, Code 1995, is
3 24 amended to read as follows:
3 25 1. As used in this section, unless the context otherwise
3 26 requires, "delinquent amounts" means a fine, court-imposed
3 27 court costs in a criminal proceeding, or criminal surcharge
3 28 imposed pursuant to section 911.2, which remains unpaid after
3 29 two years from the date that the fine, court costs, or
3 30 surcharge was imposed, and which is not collected by the
3 31 county attorney or a private attorney pursuant to section
3 32 602.8107. However, if the fine may be paid in installments
3 33 pursuant to section 909.3, the fine is not a delinquent amount
3 34 unless the installment remains unpaid after two years from the
3 35 date the installment was due.
4 1 EXPLANATION
4 2 This bill provides that a private attorney, not designated
4 3 by the county attorney, may attempt to collect delinquent
4 4 court fines, fees, surcharges, and other amounts. A private
4 5 attorney may utilize the collection methods available to
4 6 persons seeking to collect civil judgments, including
4 7 garnishment. The costs of collection by a private attorney
4 8 shall be added to the delinquent amounts upon collection.
4 9 The bill also provides that the clerk of the district court
4 10 shall maintain a list of the individuals with delinquent
4 11 amounts for use by private attorneys who wish to attempt to
4 12 collect delinquent amounts. This list shall indicate whether
4 13 any other entity is attempting collection to prevent
4 14 concurrent collection efforts against the same person.
4 15 The proceeds collected by a private attorney shall be
4 16 distributed 10 percent to the clerk of the district court's
4 17 office and the remainder to the judicial retirement fund. To
4 18 accomplish this the bill provides an exception to language
4 19 prohibiting court revenues from being deposited in the
4 20 judicial retirement fund.
4 21 LSB 1698SC 76
4 22 mk/cf/24
Text: SSB00177 Text: SSB00179 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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