Text: HF02100                           Text: HF02102
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2101

Partial Bill History

Bill Text

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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