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Senate Study Bill 201

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  331.430A  COURTHOUSE SECURITY
  1  2 FUND.
  1  3    1.  A courthouse security fund is created in each county.
  1  4 The fund shall consist of receipts of courthouse security fees
  1  5 taxed and collected by the clerk of the district court and
  1  6 paid to the county treasurer.  The fund shall be administered
  1  7 by the county sheriff to provide for the salaries, benefits,
  1  8 equipment, and training of security staff and for the purchase
  1  9 and maintenance of security equipment for the courthouse.
  1 10 Expenditures from the fund are subject to approval of the
  1 11 board of supervisors.
  1 12    2.  Moneys in the courthouse security fund shall be used
  1 13 for security-related expenditures including, but not limited
  1 14 to, the purchase and maintenance of x-ray machines and
  1 15 conveying systems; handheld metal detectors; walk-through
  1 16 metal detectors; identification cards and systems; electronic
  1 17 locking and surveillance equipment; salaries, benefits,
  1 18 uniforms, firearms, training, and other necessary equipment
  1 19 for the performance of duties for deputy sheriffs assigned to
  1 20 courthouse security detail; signage; evidence security and
  1 21 inventory systems; and security hardware and equipment
  1 22 necessary or commonly used in video arraignment systems.
  1 23    3.  The courthouse security fee shall be taxed pursuant to
  1 24 sections 625.8A and 815.14 as a court cost by the clerk of the
  1 25 district court to each civil action filed in the district
  1 26 court and each criminal complaint, indictment, or citation if
  1 27 the defendant is convicted or pleads guilty to the offense
  1 28 contained in the complaint, indictment, or citation.
  1 29    4.  The courthouse security fee shall not be taxed as a
  1 30 court cost for a parking violation.
  1 31    Sec. 2.  NEW SECTION.  625.8A  COURTHOUSE SECURITY FEE.
  1 32    1.  The clerk of the district court shall tax as a court
  1 33 cost a fee of three dollars for each civil action filed in the
  1 34 district court.  Except as provided in subsection 2, the fee
  1 35 shall be collected at the time that a civil action is filed.
  2  1 The revenue from the fees required by this section shall be
  2  2 deposited in the county's courthouse security fund created in
  2  3 section 331.430A.
  2  4    2.  In a civil action brought by the state or a political
  2  5 subdivision of the state in which the state or the political
  2  6 subdivision of the state is a prevailing party, the fee shall
  2  7 be taxed and collected against the party which does not
  2  8 prevail.  A county is not liable for payment of the courthouse
  2  9 security fee.
  2 10    Sec. 3.  NEW SECTION.  815.14  COURTHOUSE SECURITY FEE.
  2 11    1.  The clerk of the district court shall tax as a court
  2 12 cost the following fees, as applicable, to each criminal
  2 13 complaint, indictment, or citation filed in the district
  2 14 court, if the defendant is convicted or pleads guilty to the
  2 15 offense contained in the complaint, indictment, or citation:
  2 16    a.  A fee of five dollars for each felony offense.
  2 17    b.  A fee of three dollars for each misdemeanor offense or
  2 18 uniform citation and complaint issued pursuant to chapter 805
  2 19 except as provided in paragraph "c".
  2 20    c.  A fee of one dollar for each uniform citation and
  2 21 complaint issued pursuant to chapter 805 for which a court
  2 22 appearance is not required or requested.
  2 23    2.  The revenue from the fees required by this section
  2 24 shall be deposited in the county's courthouse security fund
  2 25 created in section 331.430A.  The fee shall not be taxed as a
  2 26 court cost for a parking violation.  
  2 27                           EXPLANATION
  2 28    This bill creates a courthouse security fund in each
  2 29 county.  The fund is administered by the county sheriff
  2 30 subject to approval of expenditures by the board of
  2 31 supervisors.  The fund shall be used for security personnel
  2 32 and equipment including, but not limited to, x-ray machines
  2 33 and conveying systems; identification cards and systems;
  2 34 electronic locking and surveillance systems; salaries,
  2 35 benefits, clothing, training, and weapons for security
  3  1 deputies; signage; evidence security and inventory systems;
  3  2 and video arraignment systems.
  3  3    The courthouse security fee is $3 for each civil case filed
  3  4 in the district court.  However, the state or a political
  3  5 subdivision of the state which prevails in a civil action is
  3  6 not liable for the fee.  A county is not liable for the fee in
  3  7 a civil action.
  3  8    In criminal actions, the fee is $5 for a felony; the fee is
  3  9 $3 for misdemeanors and uniform citations and complaints
  3 10 except where a court appearance is not requested or required;
  3 11 and $1 for uniform citations and complaints where a court
  3 12 appearance is not requested or required.  The fee is not taxed
  3 13 as a court cost for a parking violation.  
  3 14 LSB 1694SC 76
  3 15 tj/cf/24
     

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