Text: H08466 Text: H08468 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2245, as amended, passed, and
1 2 reprinted by the Senate as follows:
1 3 #1. Page 7, by inserting after line 27 the
1 4 following:
1 5 "Sec. 301. NEW SECTION. 909A.1 DEFINITIONS.
1 6 As used in this chapter, unless the context
1 7 otherwise requires:
1 8 1. "Agreement" means a structured fines pilot
1 9 program agreement which is entered into between the
1 10 division and a participating entity.
1 11 2. "Division" means the division of criminal and
1 12 juvenile justice planning of the department of human
1 13 rights.
1 14 3. "General fund" means the general fund of the
1 15 state.
1 16 4. "Participating entity" means a county or a
1 17 judicial district which has entered into a structured
1 18 fines pilot program agreement with the division.
1 19 5. "Pilot program" means the structured fines
1 20 pilot program established under section 909A.2.
1 21 6. "Structured fine" means a structured criminal
1 22 fine imposed under chapter 909, a criminal penalty
1 23 surcharge imposed under chapter 911 for a structured
1 24 criminal fine, a structured civil penalty imposed
1 25 pursuant to this chapter, a structured civil penalty
1 26 surcharge imposed pursuant to this chapter, indigent
1 27 defense fees assessed as restitution pursuant to
1 28 chapter 910 for a case in which a structured criminal
1 29 fine or a structured civil penalty was imposed, and
1 30 court costs assessed pursuant to chapter 602 for a
1 31 case in which a structured criminal fine or a
1 32 structured civil penalty is imposed.
1 33 Sec. 302. NEW SECTION. 909A.2 STRUCTURED FINES
1 34 PILOT PROGRAM ESTABLISHED – DURATION.
1 35 The division may establish a pilot program to
1 36 provide for the use of the structured fines concept in
1 37 counties and judicial districts wishing to participate
1 38 in the pilot program. This chapter shall apply only
1 39 to those counties which have previously contracted
1 40 with the division to operate a structured fines pilot
1 41 project, and in those counties and judicial districts
1 42 with whom the division has entered into an agreement
1 43 regarding participation in the pilot program on or
1 44 after the effective date of this Act.
1 45 The division shall enter into agreements with
1 46 interested entities, to the extent that start-up
1 47 funding is available, and shall choose participating
1 48 entities following an open and competitive selection
1 49 process involving selection criteria adopted by the
1 50 division. To become a participating entity, the
2 1 interested entity must ensure the involvement and
2 2 cooperation of the entity's county attorney; court
2 3 officials, including but not limited to the clerk of
2 4 the district court; the appropriate judicial district
2 5 department of correctional services; and any other
2 6 agency or official which is or will be affected by
2 7 pilot program activities.
2 8 Sec. 303. NEW SECTION. 909A.3 STRUCTURED FINE –
2 9 AMOUNT.
2 10 1. If the district court in a county which is or
2 11 is part of a participating entity orders a structured
2 12 fine, to be paid in installments or at a fixed date in
2 13 the future, the court shall do all of the following:
2 14 a. Impose a time payment fee in the amount of
2 15 twenty-five dollars.
2 16 b. Impose interest charges on the unsatisfied
2 17 judgment from the date of sentencing or imposition of
2 18 penalty at the rate provided in section 535.3 for
2 19 court judgments.
2 20 2. Notwithstanding any other provision of law to
2 21 the contrary, when a deferred judgment or deferred
2 22 sentence is entered by the court pursuant to chapter
2 23 907, the court may impose a structured civil penalty
2 24 that is subject to the same maximum dollar amount
2 25 limitations as the applicable structured criminal
2 26 fine. The structured civil penalty shall be subject
2 27 to a structured civil penalty surcharge equal to the
2 28 applicable criminal penalty surcharge under section
2 29 911.2. The structured civil penalty and the
2 30 structured civil penalty surcharge shall be disbursed
2 31 in the manner provided for in section 909A.5,
2 32 subsection 2.
2 33 Sec. 304. NEW SECTION. 909A.4 STRUCTURED FINE –
2 34 MINIMUM AMOUNT.
2 35 Notwithstanding any other provision of law, a
2 36 structured fine imposed pursuant to this chapter shall
2 37 not be subject to any requirements as to minimum
2 38 amount.
2 39 Sec. 305. NEW SECTION. 909A.5 STRUCTURED FINE –
2 40 ACCOUNTING.
2 41 1. Upon receipt of a time payment fee, the clerk
2 42 of the district court shall remit the fee, together
2 43 with all other time payment fees collected, on the
2 44 fifteenth day of the month following payment, to the
2 45 governmental entity designated by the participating
2 46 entity as having overall responsibility for the
2 47 operation of the pilot program in the county. Upon
2 48 receipt of payment of interest charges, the clerk of
2 49 the district court shall remit all charges collected
2 50 by the fifteenth day of the month following payment to
3 1 the treasurer of state. The treasurer of state shall
3 2 deposit the funds in the general fund.
3 3 2. Notwithstanding any other contrary provision of
3 4 law, the clerk of the district court for a county
3 5 participating in the pilot program shall remit, by the
3 6 fifteenth day of the month following payment, fifteen
3 7 percent of all structured fines, excluding any payment
3 8 of pecuniary damages for a victim as defined under
3 9 section 910.1 ordered in a case in which a structured
3 10 fine was imposed, to the governmental entity
3 11 designated by the participating entity as having
3 12 overall responsibility for the operation of a pilot
3 13 program within the county. The remaining eighty-five
3 14 percent of the moneys shall be remitted to the
3 15 treasurer of state for deposit in the general fund.
3 16 3. The governmental entity designated by the
3 17 participating entity as having overall responsibility
3 18 for the operation of the pilot program within the
3 19 county and receiving moneys from the clerk of the
3 20 district court under this section shall do all of the
3 21 following:
3 22 a. Establish a separate accounting or bank
3 23 account, which shall be used exclusively for the
3 24 recording or deposit of moneys received from the clerk
3 25 of the district court under this section. The
3 26 accounting or bank account shall include a system
3 27 which provides adequate accountability to ensure that
3 28 structured fine moneys received from the clerk of the
3 29 district court are accounted for separately from other
3 30 funds. Structured fine moneys shall only be used to
3 31 pay the costs of the pilot program operations.
3 32 b. Ensure that the balance in the structured fines
3 33 separate accounting or bank account does not exceed,
3 34 at the end of the fiscal year, the total amount of
3 35 structured fine moneys received from the clerk of the
3 36 district court within the preceding three calendar
3 37 months. For purposes of complying with the provisions
3 38 of this paragraph, moneys expended or obligated by the
3 39 end of the fiscal year, or moneys budgeted for
3 40 expenditure during the first quarter of the next
3 41 fiscal year, shall be considered to have reduced the
3 42 structured fines separate accounting or bank account
3 43 whether or not actually charged by the bank or
3 44 credited to the accounting records. Any excess moneys
3 45 in the separate accounting or bank account at the end
3 46 of the fiscal year balance shall be remitted to the
3 47 treasurer of state for deposit in the general fund.
3 48 c. Ensure that, upon termination of a pilot
3 49 program agreement within a county, all unexpended an
3 50 unobligated moneys contained in the structured fines
4 1 separate accounting or bank account are remitted
4 2 within sixty days of the termination of the pilot
4 3 program agreement to the treasurer of state for
4 4 deposit in the general fund.
4 5 4. A pilot program agreement shall terminate
4 6 within sixty days of notice from the chief judge of
4 7 the judicial district which is or contains the
4 8 participating entity, that it is the intent of the
4 9 court to cease ordering structured fines. The notice
4 10 shall be submitted to the governmental entity
4 11 designated by the participating entity as having
4 12 overall responsibility for the operation of the pilot
4 13 program, the division, and the legislative fiscal
4 14 bureau.
4 15 5. Structured fine moneys shall only be used to
4 16 pay the costs of the pilot program operations.
4 17 Sec. 306. NEW SECTION. 909A.6 STRUCTURED FINE –
4 18 NOTICE AND JUDGMENT.
4 19 If a court has imposed a structured fine on a
4 20 defendant, the order shall include a statement
4 21 specifying the amount of any structured criminal fine
4 22 or structured civil penalty assessed, the amount of
4 23 the criminal penalty surcharge or structured civil
4 24 penalty surcharge assessed, the amount of indigent
4 25 defense fees assessed as restitution, and the type and
4 26 amount of any other applicable fees assessed in the
4 27 case. At the time of imposing sentence or a penalty,
4 28 the court shall inform the defendant of the nature of
4 29 the judgment against the defendant and the total
4 30 amount of the assessments imposed. The court shall
4 31 also inform the defendant of the duty to pay the
4 32 judgment in a timely manner.
4 33 The law relating to judgment liens, executions, and
4 34 other process, available to creditors for the
4 35 collection of debts shall be applicable to such
4 36 judgments.
4 37 Sec. 307. NEW SECTION. 909A.7 REPEAL.
4 38 This chapter is repealed July 1, 2005.
4 39 Sec. . EFFECTIVE DATE. Sections 301 through
4 40 307 of this Act, being deemed of immediate importance,
4 41 take effect upon enactment, for offenses committed on
4 42 or after the effective date of sections 301 through
4 43 307 of this Act."
4 44 #2. Title page, line 1, by inserting after the
4 45 word "ordinances", the following: ", structured
4 46 fines,".
4 47 #3. Title page, line 2, by inserting after the
4 48 word "violations" the following: "and providing an
4 49 effective date".
4 50 #4. By renumbering as necessary.
5 1
5 2
5 3
5 4 HOLVECK of Polk
5 5 SF 2245.203 78
5 6 jm/gg
Text: H08466 Text: H08468 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 22 03:35:53 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/08400/H08467/000321.html
jhf