Text: SF02383 Text: SF02385 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2384 1 2 1 3 AN ACT 1 4 TO PROVIDE FOR THE ASSESSMENT AND PAYMENT OF A THIRTY-FIVE 1 5 DOLLAR INSTALLMENT PAYMENT FEE FOR FINES OR COURT COSTS 1 6 PAID IN INSTALLMENTS UNDER CERTAIN CIRCUMSTANCES AND 1 7 PROVIDING FOR A CONTINGENT EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 602.8107, subsection 2, unnumbered 1 12 paragraph 1, Code Supplement 1997, is amended to read as 1 13 follows: 1 14 If the clerk receives payment from a person who is an 1 15 inmate of a state institution or who is under the supervision 1 16 of a judicial district department of correctional services, 1 17 the payment shall be applied to the balance owed under the 1 18 identified case number of the case which has resulted in the 1 19 placement of the person in a state institution or under the 1 20 supervision of the judicial district department of 1 21 correctional services. If a case number is not identified, 1 22 the clerk shall apply the payment to the balance owed in the 1 23 criminal case with the oldest judgment against the person. 1 24PaymentsAfter payment of any applicable thirty-five dollar 1 25 installment payment fee under section 815.9 or any thirty-five 1 26 dollar installment payment fee assessed under section 610B.1 1 27 or 909.3, payments received under this section shall be 1 28 applied in the following priority order: 1 29 Sec. 2. NEW SECTION. 610B.1 INSTALLMENT PAYMENT FEE. 1 30 1. All monetary penalties, fees, and costs imposed by the 1 31 court in cases other than cases in which the person is 1 32 entitled to appointed counsel under chapter 815 shall be paid 1 33 within thirty days of the day the penalty, fees, and costs are 1 34 imposed. If the case is dismissed, any costs and fees 1 35 assessed shall also be paid within thirty days of the day the 2 1 court assesses the costs and fees. 2 2 2. The court may, in its discretion, either order the 2 3 monetary penalty or any costs and fees to be paid in 2 4 installments, or may fix a date in the future which is not 2 5 more than one hundred twenty days from the date the penalty, 2 6 costs, or fees are imposed, whenever it appears that the 2 7 defendant cannot make immediate payment, or should not be made 2 8 to do so. If the court orders payment of the penalty, costs, 2 9 or fees at a future date or on an installment basis, and the 2 10 case is a case in which the person would be entitled to 2 11 appointed counsel under chapter 815 if the person is indigent, 2 12 the court shall assess an installment payment fee of thirty- 2 13 five dollars which shall be paid prior to crediting any 2 14 payments received against any amount due from the person, 2 15 notwithstanding anything in sections 910.2 and 910.9 to the 2 16 contrary. The installment payment fee under this section 2 17 shall not be assessed if the person has already been assessed 2 18 a thirty-five dollar installment payment fee under section 2 19 815.9. 2 20 For good cause, the court may order that the date for 2 21 payment of the amounts imposed be extended beyond one hundred 2 22 twenty days from the date the amount was imposed. 2 23 Sec. 3. NEW SECTION. 610B.2 COMPLIANCE HEARINGS. 2 24 Any hearings held for purposes of monitoring compliance 2 25 with any installment payment plan are not contempt or show 2 26 cause hearings, unless the court specifically designates the 2 27 hearing as either a contempt or a show cause hearing. 2 28 Sec. 4. Section 909.3, Code 1997, is amended to read as 2 29 follows: 2 30 909.3 PAYMENT IN INSTALLMENTS OR ON A FIXED DATE. 2 31 1. All fines imposed by the court shall be paid on the day 2 32 the fine is imposed. 2 33 2. The court may, in its discretion, order a fine to be 2 34 paid in installments, or may fix a date in the future which is 2 35 not more than one hundred twenty days from the date the fine 3 1 is imposed for the payment of the fine, whenever it appears 3 2 that the defendant cannot make immediate payment, or should 3 3 not be made to do so. If the court orders payment of a fine 3 4 at a future date or on an installment basis, and the case is a 3 5 case in which the person would be entitled to appointed 3 6 counsel if the person is indigent, the court shall assess an 3 7 installment payment fee of thirty-five dollars which shall be 3 8 paid prior to crediting any payments received against any 3 9 amount due from the person, notwithstanding anything in 3 10 sections 910.2 and 910.9 to the contrary. The fee shall not 3 11 be assessed if the person has already been assessed a thirty- 3 12 five dollar installment payment fee under section 815.9. 3 13 For good cause, the court may order that the date for 3 14 payment of the fine be extended beyond one hundred twenty days 3 15 from the date the fine was imposed. 3 16 Sec. 5. Section 909.5, Code 1997, is amended to read as 3 17 follows: 3 18 909.5 NONPAYMENT OF FINES AND COURT COSTS – CONTEMPT. 3 19 A person who is able to pay a fine, court-imposed court 3 20 costs for a criminal proceeding, or both, or an installment of 3 21 the fine or the court-imposed court costs, or both, and who 3 22 refuses to do so, or who fails to make a good faith effort to 3 23 pay the fine, court costs, or both, or any installment 3 24 thereof, shall be held in contempt of court. However, any 3 25 hearings held for purposes of monitoring compliance with any 3 26 installment payment plan are not contempt or show cause 3 27 hearings, unless the court specifically designates the hearing 3 28 as either a contempt or a show cause hearing. 3 29 Sec. 6. Section 910.2, unnumbered paragraph 1, Code 3 30 Supplement 1997, is amended to read as follows: 3 31 In all criminal cases in which there is a plea of guilty, 3 32 verdict of guilty, or special verdict upon which a judgment of 3 33 conviction is rendered, the sentencing court shall order that 3 34 restitution be made by each offender to the victims of the 3 35 offender's criminal activities, to the clerk of court for 4 1 fines, penalties, surcharges, and, to the extent that the 4 2 offender is reasonably able to pay, for crime victim 4 3 assistance reimbursement, restitution to public agencies 4 4 pursuant to section 321J.2, subsection 9, paragraph "b", court 4 5 costs including correctional fees approved pursuant to section 4 6 356.7, court-appointed attorney's fees, or the expense of a 4 7 public defender when applicable, or contribution to a local 4 8 anticrime organization. However, victims shall be paid in 4 9 full before fines, penalties, and surcharges, crime victim 4 10 compensation program reimbursement, public agencies, court 4 11 costs including correctional fees approved pursuant to section 4 12 356.7, court-appointed attorney's fees, the expenses of a 4 13 public defender, or contribution to a local anticrime 4 14 organization are paid.InExcept as otherwise provided in 4 15 sections 610B.1, 815.9, and 909.3, in structuring a plan of 4 16 restitution, the court shall provide for payments in the 4 17 following order of priority: victim, fines, penalties, and 4 18 surcharges, crime victim compensation program reimbursement, 4 19 public agencies, court costs including correctional fees 4 20 approved pursuant to section 356.7, court-appointed attorney's 4 21 fees, or the expense of a public defender, and contribution to 4 22 a local anticrime organization. 4 23 Sec. 7. Section 910.9, unnumbered paragraph 3, Code 4 24 Supplement 1997, is amended to read as follows: 4 25FinesExcept as otherwise provided in section 602.8107, 4 26 fines, penalties, and surcharges, crime victim compensation 4 27 program reimbursement, public agency restitution, court costs, 4 28 court-appointed attorney's fees, and expenses for public 4 29 defenders, shall not be withheld by the clerk of court until 4 30 all victims have been paid in full. Payments to victims shall 4 31 be made by the clerk of court at least quarterly. Payments by 4 32 a clerk of court shall be made no later than the last business 4 33 day of the quarter, but may be made more often at the 4 34 discretion of the clerk of court. The clerk of court 4 35 receiving final payment from an offender, shall notify all 5 1 victims that full restitution has been made, and a copy of the 5 2 notice shall be sent to the sentencing court. Each office or 5 3 individual charged with supervising an offender who is 5 4 required to perform community service as full or partial 5 5 restitution shall keep records to assure compliance with the 5 6 portions of the plan of restitution and restitution plan of 5 7 payment relating to community service and, when the offender 5 8 has complied fully with the community service requirement, 5 9 notify the sentencing court. 5 10 Sec. 8. CONTINGENT EFFECTIVE DATE. The enactment of the 5 11 provisions of this Act are contingent upon the enactment of 5 12 1998 Iowa Acts, Senate File 2281. 5 13 5 14 5 15 5 16 MARY E. KRAMER 5 17 President of the Senate 5 18 5 19 5 20 5 21 RON J. CORBETT 5 22 Speaker of the House 5 23 5 24 I hereby certify that this bill originated in the Senate and 5 25 is known as Senate File 2384, Seventy-seventh General Assembly. 5 26 5 27 5 28 5 29 MARY PAT GUNDERSON 5 30 Secretary of the Senate 5 31 Approved , 1998 5 32 5 33 5 34 5 35 TERRY E. BRANSTAD 6 1 Governor
Text: SF02383 Text: SF02385 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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