Text: SF00088                           Text: SF00090
Text: SF00000 - SF00099                 Text: SF Index
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Senate File 89

Partial Bill History

Bill Introduced: S.J. 181
Complete Bill History

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 a domestic violence shelter
  1  4 surcharge of ten dollars as provided by section 911.4.
  1  5    Sec. 2.  Section 602.8107, subsection 4, unnumbered
  1  6 paragraph 2, Code 2003, is amended to read as follows:
  1  7    This subsection does not apply to amounts collected for
  1  8 victim restitution, the victim compensation fund, criminal
  1  9 penalty surcharge, law enforcement initiative surcharge,
  1 10 domestic violence shelter surcharge, amounts collected as a
  1 11 result of procedures initiated under subsection 5 or under
  1 12 section 421.17, subsection 25, or sheriff's room and board
  1 13 fees.
  1 14    Sec. 3.  Section 602.8108, Code 2003, is amended by adding
  1 15 the following new subsection:
  1 16    NEW SUBSECTION.  7.  When a court assesses the domestic
  1 17 violence shelter surcharge as provided in section 911.4, the
  1 18 clerk of court shall remit to the treasurer of state for
  1 19 deposit in the general fund of the state all moneys collected
  1 20 from the surcharge and the amounts deposited are appropriated
  1 21 to the department of justice for the purposes of the costs of
  1 22 operation of domestic violence shelters for victims of
  1 23 domestic abuse.
  1 24    Sec. 4.  Section 902.9, unnumbered paragraph 2, Code 2003,
  1 25 is amended to read as follows:
  1 26    The criminal penalty surcharge required by sections 911.2,
  1 27 and 911.3, and 911.4 shall be added to a fine imposed on a
  1 28 class "C" or class "D" felon, as provided by those sections,
  1 29 and is not a part of or subject to the maximums set in this
  1 30 section.
  1 31    Sec. 5.  Section 903.1, subsection 4, Code 2003, is amended
  1 32 to read as follows:
  1 33    4.  The criminal penalty surcharge surcharges required by
  1 34 sections 911.2, and 911.3, and 911.4 shall be added to a fine
  1 35 imposed on a misdemeanant, and is are not a part of or subject
  2  1 to the maximums set in this section.
  2  2    Sec. 6.  Section 909.8, Code 2003, is amended to read as
  2  3 follows:
  2  4    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2  5 SURCHARGE.
  2  6    The provisions of this chapter governing the payment and
  2  7 collection of a fine, except section 909.3A, also apply to the
  2  8 payment and collection of surcharges imposed pursuant to
  2  9 chapter 911.  However, section 909.10 shall not apply to
  2 10 surcharges assessed under section sections 911.3 and 911.4.
  2 11    Sec. 7.  NEW SECTION.  911.4  DOMESTIC VIOLENCE SHELTER
  2 12 SURCHARGE.
  2 13    In addition to any of the surcharges assessed under this
  2 14 chapter, a domestic abuse shelter surcharge of ten dollars
  2 15 shall be assessed by the clerk of the district court if an
  2 16 adjudication of guilt or a deferred judgment has been entered
  2 17 for a criminal violation of section 708.2A.  
  2 18                           EXPLANATION
  2 19    This bill provides for the assessment of a $10 surcharge
  2 20 for a conviction for domestic abuse assault pursuant to Code
  2 21 section 708.2A and provides the method by which the surcharge
  2 22 shall be administered.
  2 23    The bill provides that the surcharge assessed shall be
  2 24 remitted by the clerk of the district court to the treasurer
  2 25 of state for deposit in the general fund and appropriated to
  2 26 the department of justice for the purposes of the costs of
  2 27 operation of domestic violence shelters for victims of
  2 28 domestic abuse.
  2 29    The bill also provides that the domestic violence shelter
  2 30 surcharge shall not be included in the maximum statutory fine
  2 31 limits for both misdemeanor and felony domestic abuse assault
  2 32 offenses, and further excludes the surcharge from delinquent
  2 33 collections provisions.  
  2 34 LSB 1170SS 80
  2 35 rh/cl/14

Text: SF00088                           Text: SF00090
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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