Text: SF00109 Text: SF00111 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.2, subsection 4, Code 1997, is 1 2 amended to read as follows: 1 3 4.PaymentUnless otherwise provided in section 805.8, 1 4 subsection 11, payment and distribution of court costs, fees, 1 5 and fines in a prosecution initiated by a city or county shall 1 6 be made as provided in chapter 602 for violation of a city or 1 7 county ordinance. 1 8 Sec. 2. Section 805.8, subsection 11, Code 1997, is 1 9 amended to read as follows: 1 10 11. SMOKING VIOLATIONS. 1 11 a. For violations of section 142B.6 or section 453A.2, 1 12 subsection 2, unless otherwise provided in paragraph "b", the 1 13 scheduled fine is twenty-five dollars, and is a civil penalty,1 14and the. 1 15 b. For violations of section 453A.2, subsection 2, if the 1 16 violation is possession of tobacco, tobacco products, or 1 17 cigarettes by a person under eighteen years of age, the 1 18 scheduled fine is one hundred dollars, and is a civil penalty. 1 19 Notwithstanding section 453A.2, subsection 4, and sections 1 20 602.8106 and 602.8108, any civil penalty paid pursuant to this 1 21 paragraph shall be deposited in the treasury of the city or 1 22 county enforcing the paragraph. 1 23 c. The criminal penalty surcharge under section 911.2 1 24 shall not be added to the penalty under paragraph "a" or "b", 1 25 and the court costs pursuant to section 805.9, subsection 6, 1 26 shall not be imposed. 1 27 d. If the civil penalty assessed for a violation of 1 28 section 142B.6 is not paid in a timely manner, a citation 1 29 shall be issued for the violation in the manner provided in 1 30 section 804.1. However, a person under age eighteen shall not 1 31 be detained in a secure facility for failure to pay the civil 1 32 penalty. The complainant shall not be charged a filing fee. 1 33 e. For failing to paythea civil penalty under section 1 34 453A.2, the scheduled fine is twenty-five dollars. Failure to 1 35 pay the scheduled fine shall not result in the person being 2 1 detained in a secure facility. The complainant shall not be 2 2 charged a filing fee. 2 3 EXPLANATION 2 4 This bill provides for an increase in the amount of the 2 5 scheduled civil penalty from $25 to $100 for a violation which 2 6 is the possession of tobacco, tobacco products, or cigarettes 2 7 by a person under 18 years of age. The bill provides for the 2 8 retention of the moneys collected by the city or county 2 9 enforcing the provision. 2 10 LSB 1754SS 77 2 11 pf/jw/5
Text: SF00109 Text: SF00111 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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