Text: S03260 Text: S03262 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 503 as follows: 1 2 #1. Page 1, by inserting after line 19 the 1 3 following: 1 4 "Sec. . Section 331.302, subsection 2, Code 1 5 1997, is amended to read as follows: 1 6 2. A county shall not provide a penalty in excess 1 7 of a one hundred dollar fine or in excess of thirty 1 8 days imprisonment for the violation of an ordinance. 1 9 The criminal penalty surcharge required by section 1 10 911.2 and the jail, courthouse security, and detention 1 11 facility surcharge required by section 911A.2 shall be 1 12 added to a county fine andisare not a part of the 1 13 county's penalty. 1 14 Sec. . Section 364.3, subsection 2, Code 1997, 1 15 is amended to read as follows: 1 16 2. A city shall not provide a penalty in excess of 1 17 a one hundred dollar fine or in excess of thirty days 1 18 imprisonment for the violation of an ordinance. An 1 19 amount equal to ten percent of all fines collected by 1 20 cities shall be deposited in the account established 1 21 in section 602.8108. However, one hundred percent of 1 22 all fines collected by a city pursuant to section 1 23 321.236, subsection 1, shall be retained by the city. 1 24 The criminal penalty surcharge required by section 1 25 911.2 and the jail, courthouse security, and detention 1 26 facility surcharge required by section 911A.2 shall be 1 27 added to a city fine andisare not a part of the 1 28 city's penalty. 1 29 Sec. . Section 602.8107, subsection 2, 1 30 paragraph b, Code 1997, is amended to read as follows: 1 31 b. Fines or penalties andcriminal penalty1 32 surcharges. 1 33 Sec. . Section 602.8107, subsection 4, 1 34 unnumbered paragraph 2, Code 1997, is amended to read 1 35 as follows: 1 36 This subsection does not apply to amounts collected 1 37 for victim restitution, the victim compensation fund, 1 38 criminal penalty surcharge, jail, courthouse security, 1 39 and detention facility surcharge, or amounts collected 1 40 as a result of procedures initiated under subsection 5 1 41 or under section 421.17, subsection 25." 1 42 #2. Page 5, by inserting after line 20 the 1 43 following: 1 44 "Sec. . Section 805.8, subsection 1, Code 1997, 1 45 is amended to read as follows: 1 46 1. APPLICATION. Except as otherwise indicated, 1 47 violations of sections of the Code specified in this 1 48 section are scheduled violations, and the scheduled 1 49 fine for each of those violations is as provided in 1 50 this section, whether the violation is of state law or 2 1 of a county or city ordinance. The criminal penalty 2 2 surcharge required by section 911.2 and the jail, 2 3 courthouse security, and detention facility surcharge 2 4 required by section 911A.2 shall be added to the 2 5 scheduled fine. 2 6 Sec. . Section 805.8, subsection 11, unnumbered 2 7 paragraph 1, Code 1997, is amended to read as follows: 2 8 For violations of section 142B.6 or 453A.2, 2 9 subsection 2, the scheduled fine is twenty-five 2 10 dollars, and is a civil penalty, and the criminal 2 11 penalty surcharge under section 911.2 and the jail, 2 12 courthouse security, and detention facility surcharge 2 13 under section 911A.2 shall not be added to the 2 14 penalty, and the court costs pursuant to section 2 15 805.9, subsection 6, shall not be imposed. If the 2 16 civil penalty assessed for a violation of section 2 17 142B.6 is not paid in a timely manner, a citation 2 18 shall be issued for the violation in the manner 2 19 provided in section 804.1. However, a person under 2 20 age eighteen shall not be detained in a secure 2 21 facility for failure to pay the civil penalty. The 2 22 complainant shall not be charged a filing fee." 2 23 #3. Page 5, by inserting after line 26 the 2 24 following: 2 25 "Sec. . Section 902.9, unnumbered paragraph 2, 2 26 Code 1997, is amended to read as follows: 2 27 The criminal penalty surcharge required by section 2 28 911.2 and the jail, courthouse security, and detention 2 29 facility surcharge required by section 911A.2 shall be 2 30 added to a fine imposed on a class "C" or class "D" 2 31 felon, as provided bythat sectionthose sections, and 2 32isare not a part of or subject to the maximums set in 2 33 this section. 2 34 Sec. . Section 903.1, subsection 4, Code 1997, 2 35 is amended to read as follows: 2 36 4. The criminal penalty surcharge required by 2 37 section 911.2 and the jail, courthouse security, and 2 38 detention facility surcharge required by section 2 39 911A.2 shall be added to a fine imposed on a 2 40 misdemeanant, andisare not a part of or subject to 2 41 the maximums set in this section." 2 42 #4. Page 7, by inserting after line 15 the 2 43 following: 2 44 "Sec. 101. NEW SECTION. 905A.1 DEFINITIONS. 2 45 For the purposes of this chapter, unless the 2 46 context otherwise requires: 2 47 1. "Division" means the division of criminal and 2 48 juvenile justice planning of the department of human 2 49 rights. 2 50 2. "Government" means a community-based 3 1 correctional program as defined in section 905.1, or a 3 2 city, school district or accredited nonpublic school, 3 3 or county which expends funds for incarceration or 3 4 supervision of individuals charged with or convicted 3 5 of a felony, an aggravated misdemeanor, or a serious 3 6 misdemeanor, or for crime prevention activities. 3 7 3. "Judicial election district" means a judicial 3 8 election district described in section 602.6109. 3 9 Sec. 102. NEW SECTION. 905A.2 LOCAL CORRECTIONS 3 10 INFRASTRUCTURE GRANT PROGRAM. 3 11 1. A local corrections infrastructure grant 3 12 program is created in the division. The division 3 13 shall adopt rules pursuant to chapter 17A as necessary 3 14 to administer the program in accordance with this 3 15 chapter. The rules shall include but are not limited 3 16 to provisions for auditing of grant expenditures. 3 17 2. The division shall develop a request for 3 18 proposals for the grant program and assist judicial 3 19 election districts in developing proposals in response 3 20 to the request. The division shall not accept more 3 21 than one proposal from a judicial election district 3 22 for each of the grant groupings. For the fiscal year 3 23 beginning July 1, 1998, grants shall be awarded in 3 24 accordance with this chapter in the following two 3 25 groupings: 3 26 a. Twenty-five million dollars to one or more 3 27 governments or groups of governments in judicial 3 28 election districts, divided proportionately according 3 29 to the judicial election districts' relative 3 30 proportion of the state's general population. 3 31 b. Nine million dollars to one or more governments 3 32 or groups of governments representing judicial 3 33 election districts, awarded according to criteria 3 34 developed by the task force established pursuant to 3 35 section 905A.3 based upon the relative amount of 3 36 criminal activity in the judicial election district, 3 37 the innovative nature of the proposal submitted by the 3 38 government or group of governments, and the statewide 3 39 need for the project proposed to be developed. 3 40 3. A proposal for a grant under this section is 3 41 subject to all of the following conditions: 3 42 a. A judicial election district may combine with 3 43 one or more other judicial election districts in 3 44 developing a proposal or may propose a joint project 3 45 in separate proposals. 3 46 b. A proposal shall be for one or more 3 47 infrastructure or school-based crime prevention 3 48 projects or combination of projects relating to one or 3 49 more of the following purposes: 3 50 (1) A county jail. 4 1 (2) A regional or multicounty jail. 4 2 (3) A county juvenile detention or shelter care 4 3 home, including retirement of outstanding debt for 4 4 such a home. 4 5 (4) A regional or multicounty juvenile detention 4 6 or shelter care home. 4 7 (5) A community-based correctional program 4 8 facility. 4 9 (6) A school-based crime prevention program. 4 10 c. Grant moneys under this chapter shall not be 4 11 used for purposes other than infrastructure. 4 12 d. The division may accept or reject a proposal in 4 13 whole or in part. 4 14 e. A proposal must address the need for the 4 15 proposed project, degree of urgency for the project, 4 16 location of the project, provisions for the 4 17 governments within the judicial election district to 4 18 access the project, and the performance measures to be 4 19 used to evaluate the project. 4 20 f. The submission date for proposals under 4 21 subsection 2, paragraph "a" shall be on or before 4 22 February 16, 1998, and the submission date for 4 23 proposals under subsection 2, paragraph "b" shall be 4 24 on or before April 17, 1998. However, for good cause 4 25 shown, the division may extend the submission date for 4 26 proposals under subsection 2, paragraph "a". It is 4 27 the intent of the general assembly that the grant 4 28 award process be complete by June 30, 1998, and awards 4 29 made in the fiscal year beginning July 1, 1998. 4 30 However, the division may delay final approval of a 4 31 grant proposal which is approved in part while full 4 32 approval of the proposal is pending. 4 33 4. The office of the attorney general, the 4 34 department of education, and the university of 4 35 northern Iowa's criminology program shall work with 4 36 the division in implementing a public planning process 4 37 to assist the governments in judicial election 4 38 districts in developing a proposal, developing 4 39 technical assistance materials for the grant program, 4 40 developing the request for proposals, developing 4 41 proposed scoring tools, and producing model 4 42 performance measures and other evaluation processes 4 43 for grant program projects. The public planning 4 44 process shall include but is not limited to public 4 45 meetings in each of the judicial election districts. 4 46 Sec. 103. NEW SECTION. 905A.3 TASK FORCE. 4 47 1. The division shall establish and convene a 4 48 local corrections infrastructure grant program task 4 49 force to assist the division in scoring and evaluating 4 50 grant proposals and other assistance deemed necessary 5 1 by the division. 5 2 2. The membership of the task force shall include 5 3 but is not limited to representatives of the 5 4 following: 5 5 a. County sheriffs. 5 6 b. Police chiefs. 5 7 c. Office of the attorney general. 5 8 d. District judges. 5 9 e. Juvenile court judges. 5 10 f. Probation officers. 5 11 g. Juvenile court officers. 5 12 h. County supervisors. 5 13 i. City council members. 5 14 j. Criminal and juvenile justice planning advisory 5 15 council. 5 16 k. Juvenile services providers. 5 17 l. Community-based correctional programs. 5 18 m. County attorneys. 5 19 n. The Iowa state police association. 5 20 o. Local school officials. 5 21 p. Other members deemed necessary by the division 5 22 or task force. 5 23 3. Members of the task force are eligible for 5 24 reimbursement of actual and necessary expenses 5 25 incurred in the performance of their official duties. 5 26 The task force shall elect a chairperson and other 5 27 officers deemed necessary by the task force. 5 28 Sec. 104. NEW SECTION. 905A.4 PAYMENT OF GRANTS. 5 29 A grant awarded under section 905A.2 shall be paid 5 30 from the proceeds of bonds issued under section 16.177 5 31 or other moneys available to the division. A project 5 32 approved by the division for a grant under this 5 33 chapter is deemed to be approved by the general 5 34 assembly for purposes of issuing bonds under section 5 35 16.177. The department of corrections shall pledge 5 36 amounts in the Iowa prison infrastructure fund 5 37 established under section 602.8108A as security for 5 38 the payment of principal of, premium, if any, and 5 39 interest on the bonds." 5 40 #5. Page 11, by inserting after line 26 the 5 41 following: 5 42 "Sec. . NEW SECTION. 907.14 PAYMENT IN LIEU 5 43 OF FINE. 5 44 When the court has deferred judgment the court may 5 45 order the defendant to pay an amount in lieu of a fine 5 46 in a case where a minimum fine would otherwise be 5 47 ordered. Payments in lieu of fines shall be ordered, 5 48 enforced, and administered as fines under chapter 5 49 909." 5 50 #6. Page 13, by inserting after line 22 the 6 1 following: 6 2 "Sec. . Section 909.3, Code 1997, is amended by 6 3 adding the following new subsection: 6 4 NEW SUBSECTION. 3. If the court orders a fine to 6 5 be paid as provided by subsection 2, the court shall 6 6 require the defendant to execute a mandatory wage 6 7 assignment that would ensure payment of the fine 6 8 within twelve months of the date the wage assignment 6 9 becomes effective. The wage assignment shall be 6 10 enforced if the defendant fails to make payment as 6 11 provided in subsection 2. 6 12 A mandatory wage assignment executed pursuant to 6 13 this section is not subject to the limitation on 6 14 garnishment provided in sections 537.5105 and 642.21, 6 15 and is not subject to the limitation on assignment of 6 16 benefits under chapter 96 as provided in section 6 17 96.15. However, a wage assignment executed under this 6 18 subsection shall be enforced only after an order for 6 19 income withholding pursuant to chapter 252D or a 6 20 court-ordered wage assignment for purposes of support 6 21 is entered and enforced. A wage assignment executed 6 22 under this subsection shall be limited as specified in 6 23 15 U.S.C. } 1673(b). 6 24 Sec. . Section 909.8, Code 1997, is amended to 6 25 read as follows: 6 26 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO 6 27CRIMINAL PENALTY SURCHARGESURCHARGES. 6 28 The provisions of this chapter governing the 6 29 payment and collection of a fine, except section 6 30 909.3A, also apply to the payment and collection of a 6 31 criminal penalty surcharge imposed pursuant to chapter 6 32 911 and the jail, courthouse security, and detention 6 33 facility surcharge imposed pursuant to section 911A.2. 6 34 Sec. . Section 909.10, subsection 1, Code 1997, 6 35 is amended to read as follows: 6 36 1. As used in this section, unless the context 6 37 otherwise requires, "delinquent amounts" means a fine, 6 38 court-imposed court costs in a criminal proceeding,or6 39 criminal surcharge imposed pursuant to section 911.2, 6 40 or jail, courthouse security, and detention facility 6 41 surcharge imposed pursuant to section 911A.2, which 6 42 remains unpaid after two years from the date that the 6 43 fine, court costs, or surcharge was imposed, and which 6 44 is not collected by the county attorney pursuant to 6 45 section 602.8107. However, if the fine may be paid in 6 46 installments pursuant to section 909.3, the fine is 6 47 not a delinquent amount unless the installment remains 6 48 unpaid after two years from the date the installment 6 49 was due." 6 50 #7. Page 14, by inserting after line 9 the 7 1 following: 7 2 "Sec. ___. NEW SECTION. 911A.1 JAIL, COURTHOUSE 7 3 SECURITY, AND DETENTION FACILITY SURCHARGE 7 4 ESTABLISHED. 7 5 A jail, courthouse security, and detention facility 7 6 surcharge shall be levied against certain law 7 7 violators as provided in section 911A.2. The 7 8 surcharge shall be used as provided in section 911A.3. 7 9 Sec. ___. NEW SECTION. 911A.2 SURCHARGE. 7 10 When a court imposes a fine or forfeiture for a 7 11 violation of a state law, or of a city or county 7 12 ordinance except an ordinance regulating the parking 7 13 of motor vehicles, the court shall assess an 7 14 additional penalty in the form of a surcharge equal to 7 15 ten dollars. In the event of multiple offenses, the 7 16 surcharge shall be based upon the total number of 7 17 offenses. When a fine or forfeiture is suspended in 7 18 whole or in part, the surcharge shall not be reduced. 7 19 The surcharge is subject to the provisions of 7 20 chapter 909 governing the payment and collection of 7 21 fines, as provided in section 909.8. 7 22 Sec. ___. NEW SECTION. 911A.3 DISPOSITION OF 7 23 SURCHARGE. 7 24 1. When a court assesses a surcharge under section 7 25 911A.2, notwithstanding any other provision of the 7 26 Code to the contrary, proceeds from the surcharge 7 27 shall be appropriated and transferred to the treasurer 7 28 of the county in which the citation was issued to be 7 29 deposited in the county general fund and used only for 7 30 courthouse security and the improvement, expansion, 7 31 operation, or construction of a jail or juvenile 7 32 detention facility. 7 33 2. At any time and for the purposes specified in 7 34 subsection 1, a county may transfer proceeds received 7 35 and deposited pursuant to this section to a contiguous 7 36 county or a county that has a relationship with the 7 37 transferring county concerning the use of a jail or 7 38 juvenile detention facility in the recipient county. 7 39 Sec. 201. GRANT PROGRAM IMPLEMENTATION. There is 7 40 appropriated from the general fund of the state to the 7 41 department of human rights, division of criminal and 7 42 juvenile justice planning, for the fiscal year 7 43 beginning July 1, 1997, and ending June 30, 1998, the 7 44 following amount, or so much thereof as is necessary, 7 45 to be used for the purposes designated: 7 46 For technical assistance and staffing associated 7 47 with the development of the local corrections 7 48 infrastructure grant program enacted by this Act, 7 49 including salaries, support, maintenance, 7 50 miscellaneous purposes, and for not more than the 8 1 following full-time equivalent positions: 8 2 .................................................. $ 200,000 8 3 ............................................... FTEs 2.00" 8 4 #8. Page 14, line 15, by striking the words and 8 5 figures "2 and 7 through 11" and inserting the 8 6 following: "2, 7 through 11, 101 through 104, and 8 7 201". 8 8 #9. Title page, line 14, by inserting after the 8 9 word "crime," the following: "creating a local 8 10 corrections infrastructure grant program, authorizing 8 11 the use of bonding, making appropriations, imposing a 8 12 civil penalty for certain motor vehicle license 8 13 revocations, imposing a surcharge on criminal fines 8 14 and forfeitures, providing for mandatory wage 8 15 assignment for certain delinquent fines,". 8 16 8 17 8 18 8 19 PATRICK J. DELUHERY 8 20 8 21 8 22 8 23 JOHN P. KIBBIE 8 24 8 25 8 26 8 27 MIKE CONNOLLY 8 28 8 29 8 30 8 31 EUGENE FRAISE 8 32 8 33 8 34 8 35 ELAINE SZYMONIAK 8 36 8 37 8 38 8 39 MATT McCOY 8 40 8 41 8 42 8 43 BILL FINK 8 44 8 45 8 46 8 47 JOHNIE HAMMOND 8 48 8 49 8 50 9 1 TOM FLYNN 9 2 9 3 9 4 9 5 DENNIS BLACK 9 6 9 7 9 8 9 9 MARY NEUHAUSER 9 10 9 11 9 12 9 13 DON E. GETTINGS 9 14 9 15 9 16 9 17 STEVEN D. HANSEN 9 18 9 19 9 20 9 21 TOM VILSACK 9 22 9 23 9 24 9 25 ROD HALVORSON 9 26 9 27 9 28 9 29 PATTY JUDGE 9 30 9 31 9 32 9 33 ROBERT DVORSKY 9 34 9 35 9 36 9 37 WILLIAM D. PALMER 9 38 9 39 9 40 9 41 MICHAEL E. GRONSTAL 9 42 9 43 9 44 9 45 WALLY HORN 9 46 9 47 9 48 9 49 DICK L. DEARDEN 9 50 SF 503.204 77 10 1 lh/jj/28
Text: S03260 Text: S03262 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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