Text: HF02100 Text: HF02102 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 909.8A IMMEDIATE INCOME
1 2 WITHHOLDING.
1 3 1. At the time of imposing sentence, the district court
1 4 may, in its discretion, enter an ex parte order for immediate
1 5 withholding of the defendant's income to satisfy the payment
1 6 of a criminal fine, including a criminal surcharge, court
1 7 costs, and applicable fees. The order shall notify the
1 8 defendant of the amount of income to be withheld and of the
1 9 procedure to file a motion to quash the order for income
1 10 withholding pursuant to subsection 3, and order the
1 11 withholding of specified sums to be deducted from the
1 12 defendant's income sufficient to pay the judgment imposed and
1 13 requiring the payments of such sums to the clerk of the
1 14 district court. This section is sufficient notice for the
1 15 implementation of immediate income withholding without any
1 16 further notice.
1 17 2. Notice of income withholding shall be provided to the
1 18 payor of income or employer by regular mail, with proof of
1 19 service completed according to rule of civil procedure 1.442.
1 20 3. A defendant under this section may move to quash an
1 21 income withholding order by filing a motion to quash with the
1 22 clerk of the district court. The clerk shall schedule a
1 23 hearing on the motion to quash for a time not later than seven
1 24 days after the filing of the motion to quash and the notice of
1 25 the motion to quash. The clerk shall mail to the parties
1 26 copies of the motion to quash, and the order scheduling the
1 27 hearing.
1 28 4. As used in this section:
1 29 a. "Income" means any periodic form of payment due an
1 30 individual, regardless of source, including but not limited to
1 31 wages, salaries, commissions, bonuses, workers' compensation,
1 32 disability payments, payments pursuant to a pension or
1 33 retirement program, and interest.
1 34 b. "Payor of income" or "employer" means and includes, but
1 35 is not limited to, a defendant's employer, trustee, the state
2 1 of Iowa and all governmental subdivisions and agencies, and
2 2 any other person from whom a defendant receives income.
2 3 EXPLANATION
2 4 This bill relates to the payment of criminal fines,
2 5 including criminal surcharges, court costs and applicable
2 6 fees, by allowing for immediate withholding of a defendant's
2 7 income.
2 8 The bill creates a new Code section which allows the
2 9 district court, at the time of imposing sentence, to enter an
2 10 ex parte order for immediate withholding of the defendant's
2 11 income to satisfy the payment of a criminal fine and
2 12 associated charges imposed on a defendant pursuant to Code
2 13 chapter 909. The bill provides that the order shall notify
2 14 the defendant of the amount of income to be withheld and of
2 15 the defendant's right to file a motion to quash the order for
2 16 income withholding with the clerk of the district court. If
2 17 the defendant files a motion to quash, the clerk of the
2 18 district court shall schedule a hearing on the motion to quash
2 19 not later than seven days after the filing of the motion to
2 20 quash and the notice of the motion to quash.
2 21 The bill also provides a definition of "income" to mean any
2 22 form of periodic payment due an individual, regardless of
2 23 source, including but not limited to wages, salaries,
2 24 commissions, bonuses, workers' compensation, disability
2 25 payments, payments pursuant to a pension or retirement
2 26 program, and interest. The bill further provides a definition
2 27 of "payor of income" or "employer" to mean and include, but
2 28 not be limited to, a defendant's employer, trustee, the state
2 29 of Iowa and all governmental subdivisions and agencies, and
2 30 any other person from whom the defendant receives income.
2 31 LSB 5256HH 79
2 32 rh/cf/24
Text: HF02100 Text: HF02102 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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