Text: HSB00210                          Text: HSB00212
Text: HSB00200 - HSB00299               Text: HSB Index
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House Study Bill 211

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.8102, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  135C.  Assess an operating-while-
  1  4 intoxicated surcharge of seventy dollars as provided by
  1  5 section 911.4.
  1  6    Sec. 2.  Section 602.8107, subsection 4, unnumbered
  1  7 paragraph 2, Code 2003, is amended to read as follows:
  1  8    This subsection does not apply to amounts collected for
  1  9 victim restitution, the victim compensation fund, criminal
  1 10 penalty surcharge, law enforcement initiative surcharge, the
  1 11 operating-while-intoxicated surcharge, amounts collected as a
  1 12 result of procedures initiated under subsection 5 or under
  1 13 section 421.17, subsection 25, or sheriff's room and board
  1 14 fees.
  1 15    Sec. 3.  Section 602.8108, Code 2003, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  3A.  When a court assesses the operating-
  1 18 while-intoxicated surcharge as provided in section 911.4, the
  1 19 clerk of court shall remit the entire amount to the treasurer
  1 20 of the county or city in which the offense occurred not later
  1 21 than the fifteenth day of each month.
  1 22    Sec. 4.  Section 902.9, unnumbered paragraph 2, Code 2003,
  1 23 is amended to read as follows:
  1 24    The criminal penalty surcharge surcharges required by
  1 25 sections 911.2, and 911.3, and 911.4 shall be added to a fine
  1 26 imposed on a class "C" or class "D" felon, as provided by
  1 27 those sections, and is not a part of or subject to the
  1 28 maximums set in this section.
  1 29    Sec. 5.  Section 903.1, subsection 4, Code 2003, is amended
  1 30 to read as follows:
  1 31    4.  The criminal penalty surcharge surcharges required by
  1 32 sections 911.2, and 911.3, and 911.4 shall be added to a fine
  1 33 imposed on a misdemeanant, and is are not a part of or subject
  1 34 to the maximums set in this section.
  1 35    Sec. 6.  Section 909.8, Code 2003, is amended to read as
  2  1 follows:
  2  2    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2  3 SURCHARGE.
  2  4    The provisions of this chapter governing the payment and
  2  5 collection of a fine, except section 909.3A, also apply to the
  2  6 payment and collection of surcharges imposed pursuant to
  2  7 chapter 911.  However, section 909.10 shall not apply to
  2  8 surcharges assessed under section sections 911.3 and 911.4.
  2  9    Sec. 7.  NEW SECTION.  911.4  OPERATING-WHILE-INTOXICATED
  2 10 (OWI) SURCHARGE.
  2 11    In addition to any of the other surcharges assessed under
  2 12 this chapter, an operating-while-intoxicated surcharge of
  2 13 seventy dollars shall be assessed by the clerk of the district
  2 14 court if an adjudication of guilt or a deferred judgment has
  2 15 been entered for a criminal violation of section 321J.2.  
  2 16                           EXPLANATION
  2 17    This bill provides for the assessment of a $70 surcharge
  2 18 for a conviction for operating a motor vehicle while
  2 19 intoxicated pursuant to Code section 321J.2 and provides the
  2 20 method by which the surcharge shall be administered.
  2 21    The bill provides that the clerk of the district court
  2 22 shall remit the $70 operating-while-intoxicated surcharge to
  2 23 the treasurer of the county or city in which the offense
  2 24 occurred.
  2 25    The bill also provides that the operating-while-intoxicated
  2 26 surcharge shall not be included in the maximum statutory fine
  2 27 limits for both misdemeanor and felony domestic abuse assault
  2 28 offenses, and further excludes the surcharge from delinquent
  2 29 collections provisions.  
  2 30 LSB 2423HC 80
  2 31 rh/cl/14
     

Text: HSB00210                          Text: HSB00212
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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