Text: SSB02192 Text: SSB02194 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 602.8107, subsection 2, unnumbered 1 2 paragraph 1, Code Supplement 1997, is amended to read as 1 3 follows: 1 4 If the clerk receives payment from a person who is an 1 5 inmate of a state institution or who is under the supervision 1 6 of a judicial district department of correctional services, 1 7 the payment shall be applied to the balance owed under the 1 8 identified case number of the case which has resulted in the 1 9 placement of the person in a state institution or under the 1 10 supervision of the judicial district department of 1 11 correctional services. If a case number is not identified, 1 12 the clerk shall apply the payment to the balance owed in the 1 13 criminal case with the oldest judgment against the person. 1 14PaymentsAfter payment of any applicable thirty-five dollar 1 15 installment payment fee under section 815.9 or any thirty-five 1 16 dollar installment payment fee assessed under section 610B.1 1 17 or 909.3, payments received under this section shall be 1 18 applied in the following priority order: 1 19 Sec. 2. NEW SECTION. 610B.1 INSTALLMENT PAYMENT FEE. 1 20 1. All monetary penalties, fees, and costs imposed by the 1 21 court in cases other than cases in which the person is 1 22 entitled to appointed counsel under chapter 815 shall be paid 1 23 within thirty days of the day the penalty, fees, and costs are 1 24 imposed. If the case is dismissed, any costs and fees 1 25 assessed shall also be paid within thirty days of the day the 1 26 court assesses the costs and fees. 1 27 2. The court may, in its discretion, either order the 1 28 monetary penalty or any costs and fees to be paid in 1 29 installments, or may fix a date in the future which is not 1 30 more than one hundred twenty days from the date the penalty, 1 31 costs, or fees are imposed, whenever it appears that the 1 32 defendant cannot make immediate payment, or should not be made 1 33 to do so. If the court orders payment of the penalty, costs, 1 34 or fees at a future date or on an installment basis, and the 1 35 case is a case in which the person would be entitled to 2 1 appointed counsel under chapter 815 if the person is indigent, 2 2 the court shall assess an installment payment fee of thirty- 2 3 five dollars which shall be paid prior to crediting any 2 4 payments received against any amount due from the person, 2 5 notwithstanding anything in sections 910.2 and 910.9 to the 2 6 contrary. The installment payment fee under this section 2 7 shall not be assessed if the person has already been assessed 2 8 a thirty-five dollar installment payment fee under section 2 9 815.9. 2 10 For good cause, the court may order that the date for 2 11 payment of the amounts imposed be extended beyond one hundred 2 12 twenty days from the date the amount was imposed. 2 13 Sec. 3. NEW SECTION. 610B.2 COMPLIANCE HEARINGS. 2 14 Any hearings held for purposes of monitoring compliance 2 15 with any installment payment plan are not contempt or show 2 16 cause hearings, unless the court specifically designates the 2 17 hearing as either a contempt or a show cause hearing. A 2 18 person who is responsible for making payments under a court- 2 19 ordered installment payment plan shall receive notice prior to 2 20 any hearing that is designated by the court as a contempt or 2 21 show cause hearing that the court has determined that the 2 22 person has failed to abide by the terms of the payment plan 2 23 and should be required to show cause why the person should not 2 24 be held in contempt. 2 25 Sec. 4. Section 909.3, Code 1997, is amended to read as 2 26 follows: 2 27 909.3 PAYMENT IN INSTALLMENTS OR ON A FIXED DATE. 2 28 1. All fines imposed by the court shall be paid on the day 2 29 the fine is imposed. 2 30 2. The court may, in its discretion, order a fine to be 2 31 paid in installments, or may fix a date in the future which is 2 32 not more than one hundred twenty days from the date the fine 2 33 is imposed for the payment of the fine, whenever it appears 2 34 that the defendant cannot make immediate payment, or should 2 35 not be made to do so. If the court orders payment of a fine 3 1 at a future date or on an installment basis, and the case is a 3 2 case in which the person would be entitled to appointed 3 3 counsel if the person is indigent, the court shall assess an 3 4 installment payment fee of thirty-five dollars which shall be 3 5 paid prior to crediting any payments received against any 3 6 amount due from the person, notwithstanding anything in 3 7 sections 910.2 and 910.9 to the contrary. The fee shall not 3 8 be assessed if the person has already been assessed a thirty- 3 9 five dollar installment payment fee under section 815.9. 3 10 For good cause, the court may order that the date for 3 11 payment of the fine be extended beyond one hundred twenty days 3 12 from the date the fine was imposed. 3 13 Sec. 5. Section 909.5, Code 1997, is amended to read as 3 14 follows: 3 15 909.5 NONPAYMENT OF FINES AND COURT COSTS – CONTEMPT. 3 16 A person who is able to pay a fine, court-imposed court 3 17 costs for a criminal proceeding, or both, or an installment of 3 18 the fine or the court-imposed court costs, or both, and who 3 19 refuses to do so, or who fails to make a good faith effort to 3 20 pay the fine, court costs, or both, or any installment 3 21 thereof, shall be held in contempt of court. However, any 3 22 hearings held for purposes of monitoring compliance with any 3 23 installment payment plan are not contempt or show cause 3 24 hearings, unless the court specifically designates the hearing 3 25 as either a contempt or a show cause hearing. A person who is 3 26 responsible for making payments under a court-ordered 3 27 installment payment plan shall receive notice prior to any 3 28 hearing that is designated by the court as a contempt or show 3 29 cause hearing that the court has determined that the person 3 30 has failed to abide by the terms of the payment plan and 3 31 should be required to show cause why the person should not be 3 32 held in contempt. 3 33 Sec. 6. Section 910.2, unnumbered paragraph 1, Code 3 34 Supplement 1997, is amended to read as follows: 3 35 In all criminal cases in which there is a plea of guilty, 4 1 verdict of guilty, or special verdict upon which a judgment of 4 2 conviction is rendered, the sentencing court shall order that 4 3 restitution be made by each offender to the victims of the 4 4 offender's criminal activities, to the clerk of court for 4 5 fines, penalties, surcharges, and, to the extent that the 4 6 offender is reasonably able to pay, for crime victim 4 7 assistance reimbursement, restitution to public agencies 4 8 pursuant to section 321J.2, subsection 9, paragraph "b", court 4 9 costs including correctional fees approved pursuant to section 4 10 356.7, court-appointed attorney's fees, or the expense of a 4 11 public defender when applicable, or contribution to a local 4 12 anticrime organization. However, victims shall be paid in 4 13 full before fines, penalties, and surcharges, crime victim 4 14 compensation program reimbursement, public agencies, court 4 15 costs including correctional fees approved pursuant to section 4 16 356.7, court-appointed attorney's fees, the expenses of a 4 17 public defender, or contribution to a local anticrime 4 18 organization are paid.InExcept as otherwise provided in 4 19 sections 610B.1, 815.9, and 909.3, in structuring a plan of 4 20 restitution, the court shall provide for payments in the 4 21 following order of priority: victim, fines, penalties, and 4 22 surcharges, crime victim compensation program reimbursement, 4 23 public agencies, court costs including correctional fees 4 24 approved pursuant to section 356.7, court-appointed attorney's 4 25 fees, or the expense of a public defender, and contribution to 4 26 a local anticrime organization. 4 27 Sec. 7. Section 910.9, unnumbered paragraph 3, Code 4 28 Supplement 1997, is amended to read as follows: 4 29FinesExcept as otherwise provided in section 602.8107, 4 30 fines, penalties, and surcharges, crime victim compensation 4 31 program reimbursement, public agency restitution, court costs, 4 32 court-appointed attorney's fees, and expenses for public 4 33 defenders, shall not be withheld by the clerk of court until 4 34 all victims have been paid in full. Payments to victims shall 4 35 be made by the clerk of court at least quarterly. Payments by 5 1 a clerk of court shall be made no later than the last business 5 2 day of the quarter, but may be made more often at the 5 3 discretion of the clerk of court. The clerk of court 5 4 receiving final payment from an offender, shall notify all 5 5 victims that full restitution has been made, and a copy of the 5 6 notice shall be sent to the sentencing court. Each office or 5 7 individual charged with supervising an offender who is 5 8 required to perform community service as full or partial 5 9 restitution shall keep records to assure compliance with the 5 10 portions of the plan of restitution and restitution plan of 5 11 payment relating to community service and, when the offender 5 12 has complied fully with the community service requirement, 5 13 notify the sentencing court. 5 14 Sec. 8. CONTINGENT EFFECTIVE DATE. The enactment of the 5 15 provisions of this Act are contingent upon the enactment of 5 16 1997 Iowa Acts, Senate File 2281. 5 17 EXPLANATION 5 18 The bill provides for the payment of a $35 installment 5 19 payment fee where fines or court costs are paid in 5 20 installments. The enactment of the bill is made contingent 5 21 upon the enactment of 1997 Iowa Acts, Senate File 2281, which 5 22 pertains to the legal defense of indigent persons. 5 23 LSB 4358SC 77 5 24 lh/sc/14
Text: SSB02192 Text: SSB02194 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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