Text: HF02529 Text: HF02531 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2530 1 2 1 3 AN ACT 1 4 RELATING TO THE ASSESSMENT OF SURCHARGES IN CRIMINAL 1 5 PROCEEDINGS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 331.302, subsection 2, Code Supplement 1 10 2003, is amended to read as follows: 1 11 2. A county shall not provide a penalty in excess of a 1 12 five hundred dollar fine or in excess of thirty days 1 13 imprisonment for the violation of an ordinance. The criminal 1 14 penalty surcharge required by section911.2911.1 shall be 1 15 added to a county fine and is not a part of the county's 1 16 penalty. 1 17 Sec. 2. Section 364.3, subsection 2, Code Supplement 2003, 1 18 is amended to read as follows: 1 19 2. A city shall not provide a penalty in excess of a five 1 20 hundred dollar fine or in excess of thirty days imprisonment 1 21 for the violation of an ordinance. An amount equal to ten 1 22 percent of all fines collected by cities shall be deposited in 1 23 the account established in section 602.8108. However, one 1 24 hundred percent of all fines collected by a city pursuant to 1 25 section 321.236, subsection 1, shall be retained by the city. 1 26 The criminal penalty surcharge required by section911.2911.1 1 27 shall be added to a city fine and is not a part of the city's 1 28 penalty. 1 29 Sec. 3. Section 602.8108, subsections 2 through 6, Code 1 30 Supplement 2003, are amended to read as follows: 1 31 2. Except as otherwise provided, the clerk of the district 1 32 court shall report and submit to the state court 1 33 administrator, not later than the fifteenth day of each month, 1 34 the fines and fees received during the preceding calendar 1 35 month. Except as provided in subsections 3, 4,and5, 6, and 2 1 7, the state court administrator shall deposit the amounts 2 2 received with the treasurer of state for deposit in the 2 3 general fund of the state. The state court administrator 2 4 shall report to the legislative services agency within thirty 2 5 days of the beginning of each fiscal quarter the amount 2 6 received during the previous quarter in the account 2 7 established under this section. 2 8 3.When a court assesses a criminal surcharge under2 9section 911.2, the amounts collected shall be distributed as2 10follows:2 11a.The clerk of the district court shallsubmitremit to 2 12 the state court administrator, not later than the fifteenth 2 13 day of each month, ninety-five percent ofthe surcharge2 14collectedall moneys collected from the criminal penalty 2 15 surcharge provided in section 911.1 during the preceding 2 16 calendar month. The clerk shall remit the remainder to the 2 17 county treasurer of the county that was the plaintiff in the 2 18 action or to the city that was the plaintiff in the action. 2 19b.Of the amount received from the clerk, the state court 2 20 administrator shall allocate eighteen percent to be deposited 2 21 in the victim compensation fund established in section 915.94 2 22 and eighty-two percent to be deposited in the general fund. 2 23c.4.Notwithstanding provisions of this subsection to the2 24contrary,The clerk of the district court shall remit all 2 25 moneys collected from the drug abuse resistance education 2 26 surcharge provided in section 911.2shall be remittedto the 2 27treasurer ofstate court administrator for deposit in the 2 28 general fund of the state and the amount deposited is 2 29 appropriated to the governor's office of drug control policy 2 30 for use by the drug abuse resistance education program and 2 31 other programs directed for a similar purpose. 2 324.5.When a court assesses the law enforcement initiative2 33surcharge under section 911.3, theThe clerk of the district 2 34 court shall remitto the treasurer of the state,all moneys 2 35 collected from the assessment of the law enforcement 3 1 initiative surcharge provided in section 911.3 to the state 3 2 court administrator no later than the fifteenth day of each 3 3 month, all the moneys collected during the preceding month, 3 4 for deposit in the general fund of the state. 3 55.6. A court technology and modernization fund is 3 6 established as a separate fund in the state treasury. The 3 7 state court administrator shall allocate one million dollars 3 8 of the moneys received under subsection 2 to be deposited in 3 9 the fund, which shall be administered by the supreme court and 3 10 shall be used to enhance the ability of the judicial branch to 3 11 process cases more quickly and efficiently, to electronically 3 12 transmit information to state government, local governments, 3 13 law enforcement agencies, and the public, and to improve 3 14 public access to the court system. 3 156.7. The state court administrator shall allocate all of 3 16 the fines and fees attributable to commercial vehicle 3 17 violation citations issued by motor vehicle division personnel 3 18 of the state department of transportation to the treasurer of 3 19 state for deposit in the road use tax fund. 3 20 Sec. 4. Section 805.8, subsection 1, Code 2003, is amended 3 21 to read as follows: 3 22 1. APPLICATION. Except as otherwise indicated, violations 3 23 of sections of the Code specified in sections 805.8A, 805.8B, 3 24 and 805.8C are scheduled violations, and the scheduled fine 3 25 for each of those violations is as provided in those sections, 3 26 whether the violation is of state law or of a county or city 3 27 ordinance. The criminal penalty surcharge required by section 3 28911.2911.1 shall be added to the scheduled fine. 3 29 Sec. 5. Section 805.8C, subsection 3, paragraph a, Code 3 30 2003, is amended to read as follows: 3 31 a. For violations of section 142B.6, the scheduled fine is 3 32 twenty-five dollars, and is a civil penalty, and the criminal 3 33 penalty surcharge under section911.2911.1 shall not be added 3 34 to the penalty, and the court costs pursuant to section 805.9, 3 35 subsection 6, shall not be imposed. If the civil penalty 4 1 assessed for a violation of section 142B.6 is not paid in a 4 2 timely manner, a citation shall be issued for the violation in 4 3 the manner provided in section 804.1. However, a person under 4 4 age eighteen shall not be detained in a secure facility for 4 5 failure to pay the civil penalty. The complainant shall not 4 6 be charged a filing fee. 4 7 Sec. 6. Section 805.8C, subsection 3, paragraph c, 4 8 unnumbered paragraph 1, Code 2003, is amended to read as 4 9 follows: 4 10 For violations of section 453A.2, subsection 2, the 4 11 scheduled fine is as follows and is a civil penalty, and the 4 12 criminal penalty surcharge under section911.2911.1 shall not 4 13 be added to the penalty, and the court costs pursuant to 4 14 section 805.9, subsection 6, shall not be imposed: 4 15 Sec. 7. Section 902.9, unnumbered paragraph 2, Code 2003, 4 16 is amended to read as follows: 4 17 Thecriminal penalty surchargesurcharges required by 4 18 sections 911.1, 911.2, and 911.3 shall be added to a fine 4 19 imposed on a class "C" or class "D" felon, as provided by 4 20 those sections, andisare not a part of or subject to the 4 21 maximums set in this section. 4 22 Sec. 8. Section 903.1, subsection 4, Code 2003, is amended 4 23 to read as follows: 4 24 4. Thecriminal penalty surchargesurcharges required by 4 25 sections 911.1, 911.2, and 911.3 shall be added to a fine 4 26 imposed on a misdemeanant as provided in those sections, and 4 27isare not a part of or subject to the maximums set in this 4 28 section. 4 29 Sec. 9. Section 909.10, subsection 1, Code 2003, is 4 30 amended to read as follows: 4 31 1. As used in this section, unless the context otherwise 4 32 requires, "delinquent amounts" means a fine, court-imposed 4 33 court costs in a criminal proceeding, orcriminalsurcharge 4 34 imposed pursuant to section 911.1 or 911.2, which remains 4 35 unpaid after two years from the date that the fine, court 5 1 costs, or surcharge was imposed, and which is not collected by 5 2 the county attorney pursuant to section 602.8107. However, if 5 3 the fine may be paid in installments pursuant to section 5 4 909.3, the fine is not a delinquent amount unless the 5 5 installment remains unpaid after two years from the date the 5 6 installment was due. 5 7 Sec. 10. Section 911.1, Code 2003, is amended by striking 5 8 the section and inserting in lieu thereof the following: 5 9 911.1 CRIMINAL PENALTY SURCHARGE. 5 10 1. A criminal penalty surcharge shall be levied against 5 11 law violators as provided in this section. When a court 5 12 imposes a fine or forfeiture for a violation of state law, or 5 13 a city or county ordinance, except an ordinance regulating the 5 14 parking of motor vehicles, the court or the clerk of the 5 15 district court shall assess an additional penalty in the form 5 16 of a criminal penalty surcharge equal to thirty percent of the 5 17 fine or forfeiture imposed. 5 18 2. In the event of multiple offenses, the surcharge shall 5 19 be based upon the total amount of fines or forfeitures imposed 5 20 for all offenses. 5 21 3. When a fine or forfeiture is suspended in whole or in 5 22 part, the court shall reduce the surcharge in proportion to 5 23 the amount suspended. 5 24 4. The surcharge is subject to the provisions of chapter 5 25 909 governing the payment and collection of fines, as provided 5 26 in section 909.8. 5 27 5. The surcharge shall be remitted by the clerk of court 5 28 as provided in section 602.6108, subsection 3. 5 29 Sec. 11. Section 911.2, Code 2003, is amended by striking 5 30 the section and inserting in lieu thereof the following: 5 31 911.2 DRUG ABUSE RESISTANCE EDUCATION SURCHARGE. 5 32 1. In addition to any other surcharge, the court or clerk 5 33 of the district court shall assess a drug abuse resistance 5 34 education surcharge of ten dollars if a violation arises out 5 35 of a violation of an offense provided for in chapter 321J or 6 1 chapter 124, division IV. 6 2 2. In the event of multiple offenses, the surcharge shall 6 3 be imposed for each applicable offense. The surcharge shall 6 4 not be assessed for any offense for which the court defers the 6 5 sentence or judgment or suspends the sentence. 6 6 3. The surcharge is subject to the provisions of chapter 6 7 909 governing the payment and collection of fines, as provided 6 8 in section 909.8. 6 9 4. The surcharge shall be remitted by the clerk of court 6 10 as provided in section 602.8108, subsection 4. 6 11 Sec. 12. Section 911.3, Code 2003, is amended by striking 6 12 the section and inserting in lieu thereof the following: 6 13 911.3 LAW ENFORCEMENT INITIATIVE SURCHARGE. 6 14 1. In addition to any other surcharge, the court or clerk 6 15 of the district court shall assess a law enforcement 6 16 initiative surcharge of one hundred twenty-five dollars if an 6 17 adjudication of guilt or a deferred judgment has been entered 6 18 for a criminal violation under any of the following: 6 19 a. Chapter 124, 155A, 453B, 713, 714, 715A, or 716. 6 20 b. Section 719.8, 725.1, 725.2, or 725.3. 6 21 2. In the event of multiple offenses, the surcharge shall 6 22 be imposed for each applicable offense. 6 23 3. The surcharge shall be remitted by the clerk of court 6 24 as provided in section 602.8108, subsection 5. 6 25 6 26 6 27 6 28 CHRISTOPHER C. RANTS 6 29 Speaker of the House 6 30 6 31 6 32 6 33 JEFFREY M. LAMBERTI 6 34 President of the Senate 6 35 7 1 I hereby certify that this bill originated in the House and 7 2 is known as House File 2530, Eightieth General Assembly. 7 3 7 4 7 5 7 6 MARGARET THOMSON 7 7 Chief Clerk of the House 7 8 Approved , 2004 7 9 7 10 7 11 7 12 THOMAS J. VILSACK 7 13 Governor
Text: HF02529 Text: HF02531 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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