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PAG LIN 1 1 Section 1. Section 602.8106, subsection 4, Code Supplement 1 2 1995, is amended to read as follows: 1 3 4. The clerk of the district court shall submit all other 1 4 fines, fees, costs, and forfeited bail received from a 1 5 magistrate to the state court administrator, except as 1 6 provided in section 602.8108, subsection 1A. 1 7 Sec. 2. Section 602.8107, subsection 3, Code Supplement 1 8 1995, is amended to read as follows: 1 9 3. A fine, penalty, court cost, fee, or surcharge is 1 10deemeddelinquent if it is not paidwithin six months afteron 1 11 the date it isassessedordered to be paid.An amount which1 12was ordered by the court to be paid on a date fixed in the1 13future pursuant to section 909.3 is deemed delinquent if it is1 14not received by the clerk within six months after the fixed1 15future date set out in the court order. IfHowever, if an 1 16 amount was ordered to be paid by installments, and an 1 17 installment is not receivedwithin thirty days afteron the 1 18 date it is due, the entire amount of the judgment is deemed 1 19 delinquent. 1 20 Sec. 3. Section 602.8107, subsection 4, unnumbered 1 21 paragraph 1, Code Supplement 1995, is amended to read as 1 22 follows: 1 23 All fines, penalties, court costs, fees, surcharges, and 1 24 restitution for court-appointed attorney fees or for expenses 1 25 of a public defender whichareremain delinquent for six 1 26 months may be collected by the county attorney or the county 1 27 attorney's designee. In addition, the county attorney or the 1 28 county attorney's designee may collect such amounts as soon as 1 29 they become delinquent if permitted by the department of 1 30 revenue and finance. Thirty-five percent of the amounts 1 31 collected by the county attorney or the person procured or 1 32 designated by the county attorney shall be deposited in the 1 33 general fund of the county if the county attorney has filed 1 34 the notice required in section 331.756, subsection 5, unless 1 35 the county attorney has discontinued collection efforts on a 2 1 particular delinquent amount. The remainder shall be paid to 2 2 the clerk for distribution under section 602.8108. 2 3 Sec. 4. Section 602.8108, Code 1995, is amended by adding 2 4 the following new subsection: 2 5 NEW SUBSECTION. 1A. In all criminal cases in which the 2 6 state is a plaintiff, and after all victims have been paid in 2 7 full pursuant to section 910.9, the clerk of the district 2 8 court shall remit fifteen percent of all fines, penalties, 2 9 surcharges, court costs, fees, time-payment fees, interest, 2 10 court-appointed attorney fees, and public defender expenses to 2 11 the treasurer of the county in which the case was prosecuted, 2 12 which moneys shall be deposited in the county general fund and 2 13 used only for courthouse security and the improvement, 2 14 expansion, or construction of a jail or juvenile detention 2 15 facility. The remainder of the revenue collected by the clerk 2 16 shall be submitted to the state court administrator. Criminal 2 17 surcharge moneys submitted to the state court administrator 2 18 under this subsection shall be allocated as provided in 2 19 subsection 3, paragraph "b". 2 20 Sec. 5. Section 602.8108, subsection 3, Code 1995, is 2 21 amended to read as follows: 2 22 3.WhenIn cases where the state is not the plaintiff, 2 23 when a court assesses a criminal surcharge under section 2 24 911.2, the amounts collected shall be distributed as follows: 2 25 a. The clerk of the district court shall submit to the 2 26 state court administrator, not later than the fifteenth day of 2 27 each month, ninety-five percent of the surcharge collected 2 28 during the preceding calendar month. The clerk shall remit 2 29 the remainder to the county treasurer of the county that was 2 30 the plaintiff in the action or to the city that was the 2 31 plaintiff in the action. 2 32 b. Of the amount received from the clerk, the state court 2 33 administrator shall allocate eighteen percent to be deposited 2 34 in the fund established in section 912.14 and eighty-two 2 35 percent to be deposited in the general fund of the state. 3 1 EXPLANATION 3 2 This bill provides that criminal fines, court costs, fees, 3 3 and surcharges are considered delinquent if they are not paid 3 4 on the date they are ordered to be paid. Current law provides 3 5 that the payment is delinquent if it remains unpaid after six 3 6 months. The bill provides that county attorneys may pursue 3 7 collection of these delinquent fines and fees after the fine 3 8 or fee has been delinquent for six months or sooner, if the 3 9 department of revenue and finance so allows. 3 10 The bill also provides that 15 percent of all fines, 3 11 penalties, surcharges, court costs, fees, interest, and 3 12 expenses recovered in criminal cases in which the state is a 3 13 plaintiff shall be remitted to the county where the case was 3 14 prosecuted to be used only for courthouse security and the 3 15 improvement, expansion, or construction of a jail or juvenile 3 16 detention facility with the remainder being remitted to the 3 17 state court administrator for deposit in the general fund. 3 18 Criminal surcharge moneys would still be split between the 3 19 victim compensation fund and the state general fund. Current 3 20 law provides that all these fines and fees are remitted to the 3 21 state court administrator for deposit in the state general 3 22 fund. 3 23 LSB 3729XL 76 3 24 ec/jj/8.1
Text: SSB02323 Text: SSB02325 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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