Text: S03434 Text: S03436 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 533 as follows: 1 2 #1. Page 30, by inserting after line 8 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 #2. Page 31, by inserting after line 35 the 1 30 following: 1 31 "Sec. . Section 602.8107, subsection 2, 1 32 paragraph b, Code 1997, is amended to read as follows: 1 33 b. Fines or penalties andcriminal penalty1 34 surcharges. 1 35 Sec. . Section 602.8107, subsection 4, 1 36 unnumbered paragraph 2, Code 1997, is amended to read 1 37 as follows: 1 38 This subsection does not apply to amounts collected 1 39 for victim restitution, the victim compensation fund, 1 40 criminal penalty surcharge, jail, courthouse security, 1 41 and detention facility surcharge, or amounts collected 1 42 as a result of procedures initiated under subsection 5 1 43 or under section 421.17, subsection 25. 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 Sec. . Section 902.9, unnumbered paragraph 2, 2 24 Code 1997, is amended to read as follows: 2 25 The criminal penalty surcharge required by section 2 26 911.2 and the jail, courthouse security, and detention 2 27 facility surcharge required by section 911A.2 shall be 2 28 added to a fine imposed on a class "C" or class "D" 2 29 felon, as provided bythat sectionthose sections, and 2 30isare not a part of or subject to the maximums set in 2 31 this section. 2 32 Sec. . Section 903.1, subsection 4, Code 1997, 2 33 is amended to read as follows: 2 34 4. The criminal penalty surcharge required by 2 35 section 911.2 and the jail, courthouse security, and 2 36 detention facility surcharge required by section 2 37 911A.2 shall be added to a fine imposed on a 2 38 misdemeanant, andisare not a part of or subject to 2 39 the maximums set in this section. 2 40 Sec. 101. NEW SECTION. 905A.1 DEFINITIONS. 2 41 For the purposes of this chapter, unless the 2 42 context otherwise requires: 2 43 1. "Division" means the division of criminal and 2 44 juvenile justice planning of the department of human 2 45 rights. 2 46 2. "Government" means a community-based 2 47 correctional program as defined in section 905.1, or a 2 48 city, school district or accredited nonpublic school, 2 49 or county which expends funds for incarceration or 2 50 supervision of individuals charged with or convicted 3 1 of a felony, an aggravated misdemeanor, or a serious 3 2 misdemeanor, or for crime prevention activities. 3 3 3. "Judicial election district" means a judicial 3 4 election district described in section 602.6109. 3 5 Sec. 102. NEW SECTION. 905A.2 LOCAL CORRECTIONS 3 6 INFRASTRUCTURE GRANT PROGRAM. 3 7 1. A local corrections infrastructure grant 3 8 program is created in the division. The division 3 9 shall adopt rules pursuant to chapter 17A as necessary 3 10 to administer the program in accordance with this 3 11 chapter. The rules shall include but are not limited 3 12 to provisions for auditing of grant expenditures. 3 13 2. The division shall develop a request for 3 14 proposals for the grant program and assist judicial 3 15 election districts in developing proposals in response 3 16 to the request. The division shall not accept more 3 17 than one proposal from a judicial election district 3 18 for each of the grant groupings. For the fiscal year 3 19 beginning July 1, 1998, grants shall be awarded in 3 20 accordance with this chapter in the following two 3 21 groupings: 3 22 a. Twenty-five million dollars to one or more 3 23 governments or groups of governments in judicial 3 24 election districts, divided proportionately according 3 25 to the judicial election districts' relative 3 26 proportion of the state's general population. 3 27 b. Nine million dollars to one or more governments 3 28 or groups of governments representing judicial 3 29 election districts, awarded according to criteria 3 30 developed by the task force established pursuant to 3 31 section 905A.3 based upon the relative amount of 3 32 criminal activity in the judicial election district, 3 33 the innovative nature of the proposal submitted by the 3 34 government or group of governments, and the statewide 3 35 need for the project proposed to be developed. 3 36 3. A proposal for a grant under this section is 3 37 subject to all of the following conditions: 3 38 a. A judicial election district may combine with 3 39 one or more other judicial election districts in 3 40 developing a proposal or may propose a joint project 3 41 in separate proposals. 3 42 b. A proposal shall be for one or more 3 43 infrastructure or school-based crime prevention 3 44 projects or combination of projects relating to one or 3 45 more of the following purposes: 3 46 (1) A county jail. 3 47 (2) A regional or multicounty jail. 3 48 (3) A county juvenile detention or shelter care 3 49 home, including retirement of outstanding debt for 3 50 such a home. 4 1 (4) A regional or multicounty juvenile detention 4 2 or shelter care home. 4 3 (5) A community-based correctional program 4 4 facility. 4 5 (6) A school-based crime prevention program. 4 6 (7) A runaway assessment center. 4 7 c. Grant moneys under this chapter shall not be 4 8 used for purposes other than infrastructure. 4 9 d. The division may accept or reject a proposal in 4 10 whole or in part. 4 11 e. A proposal must address the need for the 4 12 proposed project, degree of urgency for the project, 4 13 location of the project, provisions for the 4 14 governments within the judicial election district to 4 15 access the project, and the performance measures to be 4 16 used to evaluate the project. 4 17 f. The submission date for proposals under 4 18 subsection 2, paragraph "a" shall be on or before 4 19 February 16, 1998, and the submission date for 4 20 proposals under subsection 2, paragraph "b" shall be 4 21 on or before April 17, 1998. However, for good cause 4 22 shown, the division may extend the submission date for 4 23 proposals under subsection 2, paragraph "a". It is 4 24 the intent of the general assembly that the grant 4 25 award process be complete by June 30, 1998, and awards 4 26 made in the fiscal year beginning July 1, 1998. 4 27 However, the division may delay final approval of a 4 28 grant proposal which is approved in part while full 4 29 approval of the proposal is pending. 4 30 4. The office of the attorney general, the 4 31 department of education, and the university of 4 32 northern Iowa's criminology program shall work with 4 33 the division in implementing a public planning process 4 34 to assist the governments in judicial election 4 35 districts in developing a proposal, developing 4 36 technical assistance materials for the grant program, 4 37 developing the request for proposals, developing 4 38 proposed scoring tools, and producing model 4 39 performance measures and other evaluation processes 4 40 for grant program projects. The public planning 4 41 process shall include but is not limited to public 4 42 meetings in each of the judicial election districts. 4 43 Sec. 103. NEW SECTION. 905A.3 TASK FORCE. 4 44 1. The division shall establish and convene a 4 45 local corrections infrastructure grant program task 4 46 force to assist the division in scoring and evaluating 4 47 grant proposals and other assistance deemed necessary 4 48 by the division. 4 49 2. The membership of the task force shall include 4 50 but is not limited to representatives of the 5 1 following: 5 2 a. County sheriffs. 5 3 b. Police chiefs. 5 4 c. Office of the attorney general. 5 5 d. District judges. 5 6 e. Juvenile court judges. 5 7 f. Probation officers. 5 8 g. Juvenile court officers. 5 9 h. County supervisors. 5 10 i. City council members. 5 11 j. Criminal and juvenile justice planning advisory 5 12 council. 5 13 k. Juvenile services providers. 5 14 l. Community-based correctional programs. 5 15 m. County attorneys. 5 16 n. The Iowa state police association. 5 17 o. Local school officials. 5 18 p. Other members deemed necessary by the division 5 19 or task force. 5 20 3. Members of the task force are eligible for 5 21 reimbursement of actual and necessary expenses 5 22 incurred in the performance of their official duties. 5 23 The task force shall elect a chairperson and other 5 24 officers deemed necessary by the task force. 5 25 Sec. 104. NEW SECTION. 905A.4 PAYMENT OF GRANTS. 5 26 A grant awarded under section 905A.2 shall be paid 5 27 from the proceeds of bonds issued under section 16.177 5 28 or other moneys available to the division. A project 5 29 approved by the division for a grant under this 5 30 chapter is deemed to be approved by the general 5 31 assembly for purposes of issuing bonds under section 5 32 16.177. The department of corrections shall pledge 5 33 amounts in the Iowa prison infrastructure fund 5 34 established under section 602.8108A as security for 5 35 the payment of principal of, premium, if any, and 5 36 interest on the bonds. 5 37 Sec. . NEW SECTION. 907.14 PAYMENT IN LIEU OF 5 38 FINE. 5 39 When the court has deferred judgment the court may 5 40 order the defendant to pay an amount in lieu of a fine 5 41 in a case where a minimum fine would otherwise be 5 42 ordered. Payments in lieu of fines shall be ordered, 5 43 enforced, and administered as fines under chapter 909. 5 44 Sec. . Section 909.3, Code 1997, is amended by 5 45 adding the following new subsection: 5 46 NEW SUBSECTION. 3. If the court orders a fine to 5 47 be paid as provided by subsection 2, the court shall 5 48 require the defendant to execute a mandatory wage 5 49 assignment that would ensure payment of the fine 5 50 within twelve months of the date the wage assignment 6 1 becomes effective. The wage assignment shall be 6 2 enforced if the defendant fails to make payment as 6 3 provided in subsection 2. 6 4 A mandatory wage assignment executed pursuant to 6 5 this section is not subject to the limitation on 6 6 garnishment provided in sections 537.5105 and 642.21, 6 7 and is not subject to the limitation on assignment of 6 8 benefits under chapter 96 as provided in section 6 9 96.15. However, a wage assignment executed under this 6 10 subsection shall be enforced only after an order for 6 11 income withholding pursuant to chapter 252D or a 6 12 court-ordered wage assignment for purposes of support 6 13 is entered and enforced. A wage assignment executed 6 14 under this subsection shall be limited as specified in 6 15 15 U.S.C. } 1673(b). 6 16 Sec. . Section 909.8, Code 1997, is amended to 6 17 read as follows: 6 18 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO 6 19CRIMINAL PENALTY SURCHARGESURCHARGES. 6 20 The provisions of this chapter governing the 6 21 payment and collection of a fine, except section 6 22 909.3A, also apply to the payment and collection of a 6 23 criminal penalty surcharge imposed pursuant to chapter 6 24 911 and the jail, courthouse security, and detention 6 25 facility surcharge imposed pursuant to section 911A.2. 6 26 Sec. . Section 909.10, subsection 1, Code 1997, 6 27 is amended to read as follows: 6 28 1. As used in this section, unless the context 6 29 otherwise requires, "delinquent amounts" means a fine, 6 30 court-imposed court costs in a criminal proceeding,or6 31 criminal surcharge imposed pursuant to section 911.2, 6 32 or jail, courthouse security, and detention facility 6 33 surcharge imposed pursuant to section 911A.2, which 6 34 remains unpaid after two years from the date that the 6 35 fine, court costs, or surcharge was imposed, and which 6 36 is not collected by the county attorney pursuant to 6 37 section 602.8107. However, if the fine may be paid in 6 38 installments pursuant to section 909.3, the fine is 6 39 not a delinquent amount unless the installment remains 6 40 unpaid after two years from the date the installment 6 41 was due. 6 42 Sec. ___. NEW SECTION. 911A.1 JAIL, COURTHOUSE 6 43 SECURITY, AND DETENTION FACILITY SURCHARGE 6 44 ESTABLISHED. 6 45 A jail, courthouse security, and detention facility 6 46 surcharge shall be levied against certain law 6 47 violators as provided in section 911A.2. The 6 48 surcharge shall be used as provided in section 911A.3. 6 49 Sec. ___. NEW SECTION. 911A.2 SURCHARGE. 6 50 When a court imposes a fine or forfeiture for a 7 1 violation of a state law, or of a city or county 7 2 ordinance except an ordinance regulating the parking 7 3 of motor vehicles, the court shall assess an 7 4 additional penalty in the form of a surcharge equal to 7 5 ten dollars. In the event of multiple offenses, the 7 6 surcharge shall be based upon the total number of 7 7 offenses. When a fine or forfeiture is suspended in 7 8 whole or in part, the surcharge shall not be reduced. 7 9 The surcharge is subject to the provisions of 7 10 chapter 909 governing the payment and collection of 7 11 fines, as provided in section 909.8. 7 12 Sec. ___. NEW SECTION. 911A.3 DISPOSITION OF 7 13 SURCHARGE. 7 14 1. When a court assesses a surcharge under section 7 15 911A.2, notwithstanding any other provision of the 7 16 Code to the contrary, proceeds from the surcharge 7 17 shall be appropriated and transferred to the treasurer 7 18 of the county in which the citation was issued to be 7 19 deposited in the county general fund and used only for 7 20 courthouse security and the improvement, expansion, 7 21 operation, or construction of a jail or juvenile 7 22 detention facility. 7 23 2. At any time and for the purposes specified in 7 24 subsection 1, a county may transfer proceeds received 7 25 and deposited pursuant to this section to a contiguous 7 26 county or a county that has a relationship with the 7 27 transferring county concerning the use of a jail or 7 28 juvenile detention facility in the recipient county." 7 29 #3. Page 33, by inserting after line 27 the 7 30 following: 7 31 "Sec. 201. GRANT PROGRAM IMPLEMENTATION. There is 7 32 appropriated from the general fund of the state to the 7 33 department of human rights, division of criminal and 7 34 juvenile justice planning, for the fiscal year 7 35 beginning July 1, 1997, and ending June 30, 1998, the 7 36 following amount, or so much thereof as is necessary, 7 37 to be used for the purposes designated: 7 38 For technical assistance and staffing associated 7 39 with the development of the local corrections 7 40 infrastructure grant program enacted by this Act, 7 41 including salaries, support, maintenance, 7 42 miscellaneous purposes, and for not more than the 7 43 following full-time equivalent positions: 7 44 .................................................. $ 200,000 7 45 ............................................... FTEs 2.00" 7 46 #4. Page 34, by inserting after line 8 the 7 47 following: 7 48 "Sections 101 through 104 and 201 of this Act, 7 49 relating to local corrections infrastructure, being 7 50 deemed of immediate importance, take effect upon 8 1 enactment." 8 2 #5. By renumbering as necessary. 8 3 8 4 8 5 8 6 STEVEN D. HANSEN 8 7 8 8 8 9 8 10 PATRICK J. DELUHERY 8 11 TOM FLYNN 8 12 MATT McCOY 8 13 JOHN P. KIBBIE 8 14 SF 533.509 77 8 15 lh/jw/28
Text: S03434 Text: S03436 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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