Text: SF00398 Text: SF00400 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 602.8108, Code 2003, is amended by 1 3 adding the following new subsection: 1 4 NEW SUBSECTION. 7. A criminalistics laboratory fund is 1 5 created in the state treasury under the control of the 1 6 department of public safety. The fund shall consist of 1 7 appropriations made to the fund and transfers of interest, 1 8 earnings, and moneys required to be collected for deposit in 1 9 the fund, including moneys received from the criminalistics 1 10 laboratory surcharge provided in section 911.3. All moneys in 1 11 the fund are appropriated to the department of public safety 1 12 for use by the department in criminalistics laboratory 1 13 equipment purchasing, maintenance, depreciation, and training. 1 14 Any balance in the fund on June 30 of any fiscal year shall 1 15 not revert to any other fund of the state but shall remain 1 16 available for the purposes described in this subsection. 1 17 Sec. 2. Section 911.3, Code 2003, is amended by striking 1 18 the section and inserting in lieu thereof the following: 1 19 911.3 ADDITIONAL SURCHARGES. 1 20 1. In addition to the surcharge assessed in section 911.2, 1 21 the clerk of the district court shall assess the following 1 22 surcharges when applicable: 1 23 a. CRIMINALISTICS LABORATORY SURCHARGE. A surcharge equal 1 24 to two percent of any fine or forfeiture imposed for a 1 25 violation of any state law or city or county ordinance, except 1 26 an ordinance regulating the parking of motor vehicles. The 1 27 clerk shall remit all moneys received from the surcharge to 1 28 the treasurer of state for deposit in the criminalistics 1 29 laboratory fund as provided in section 602.8108, subsection 7. 1 30 b. DRUG ABUSE RESISTANCE EDUCATION SURCHARGE. A surcharge 1 31 in the amount of ten dollars if the violation arose out of a 1 32 violation of an offense provided for in chapter 321J or 1 33 chapter 124, division IV. The clerk shall remit all moneys 1 34 received from the surcharge to the treasurer of state for 1 35 deposit as provided in section 602.8108, subsection 3. 2 1 c. LAW ENFORCEMENT INITIATIVE SURCHARGE. A surcharge in 2 2 the amount of one hundred twenty-five dollars if an 2 3 adjudication of guilt or a deferred judgment has been entered 2 4 for a criminal violation under any of the following: 2 5 (1) Chapter 124, 155A, 453B, 713, 714, 715A, or 716. 2 6 (2) Section 719.8, 725.1, 725.2, or 725.3. 2 7 The clerk shall remit all moneys received from the 2 8 surcharge to the treasurer of state for deposit as provided in 2 9 section 602.8108, subsection 4. 2 10 2. The surcharges assessed in this section are subject to 2 11 the provisions of chapter 909 governing the payment and 2 12 collection of fines, as provided in section 909.8. 2 13 DIVISION II 2 14 Sec. 3. Section 331.302, subsection 2, Code 2003, is 2 15 amended to read as follows: 2 16 2. A county shall not provide a penalty in excess of a 2 17 five hundred dollar fine or in excess of thirty days 2 18 imprisonment for the violation of an ordinance.The criminal2 19penaltyA surcharge required by section 911.2 or 911.3 shall 2 20 be added to a county fine and is not a part of the county's 2 21 penalty. 2 22 Sec. 4. Section 364.3, subsection 2, Code 2003, is amended 2 23 to read as follows: 2 24 2. A city shall not provide a penalty in excess of a five 2 25 hundred dollar fine or in excess of thirty days imprisonment 2 26 for the violation of an ordinance. An amount equal to ten 2 27 percent of all fines collected by cities shall be deposited in 2 28 the account established in section 602.8108. However, one 2 29 hundred percent of all fines collected by a city pursuant to 2 30 section 321.236, subsection 1, shall be retained by the city. 2 31The criminal penaltyA surcharge required by section 911.2 or 2 32 911.3 shall be added to a city fine and is not a part of the 2 33 city's penalty. 2 34 Sec. 5. Section 602.8102, subsection 135A, Code 2003, is 2 35 amended to read as follows: 3 1 135A. Assess thedrug abuse resistance education surcharge3 2 surcharges as provided by section911.2911.3. 3 3 Sec. 6. Section 602.8102, subsection 135B, Code 2003, is 3 4 amended by striking the subsection. 3 5 Sec. 7. Section 602.8107, subsection 4, unnumbered 3 6 paragraph 2, Code 2003, is amended to read as follows: 3 7 This subsection does not apply to amounts collected for 3 8 victim restitution, the victim compensation fund,criminal3 9penalty surcharge, law enforcement initiative surchargea 3 10 surcharge collected pursuant to section 911.2 or 911.3, 3 11 amounts collected as a result of procedures initiated under 3 12 subsection 5 or under section 421.17, subsection 25, or 3 13 sheriff's room and board fees. 3 14 Sec. 8. Section 602.8108, subsection 2, Code 2003, is 3 15 amended to read as follows: 3 16 2. Except as otherwise provided, the clerk of the district 3 17 court shall report and submit to the state court 3 18 administrator, not later than the fifteenth day of each month, 3 19 the fines and fees received during the preceding calendar 3 20 month. Except as otherwise provided insubsections 4 and 53 21 this section, the state court administrator shall deposit the 3 22 amounts received with the treasurer of state for deposit in 3 23 the general fund of the state. The state court administrator 3 24 shall report to the legislative fiscal bureau within thirty 3 25 days of the beginning of each fiscal quarter the amount 3 26 received during the previous quarter in the account 3 27 established under this section. 3 28 Sec. 9. Section 602.8108, subsection 3, paragraph c, Code 3 29 2003, is amended to read as follows: 3 30 c. Notwithstanding provisions of this subsection to the 3 31 contrary, all moneys collected from the drug abuse resistance 3 32 education surcharge provided in section911.2911.3 shall be 3 33 remitted to the treasurer of state for deposit in the general 3 34 fund of the state and the amount deposited is appropriated to 3 35 the governor's office of drug control policy for use by the 4 1 drug abuse resistance education program and other programs 4 2 directed for a similar purpose. 4 3 Sec. 10. Section 805.8, subsection 1, Code 2003, is 4 4 amended to read as follows: 4 5 1. APPLICATION. Except as otherwise indicated, violations 4 6 of sections of the Code specified in sections 805.8A, 805.8B, 4 7 and 805.8C are scheduled violations, and the scheduled fine 4 8 for each of those violations is as provided in those sections, 4 9 whether the violation is of state law or of a county or city 4 10 ordinance.The criminal penaltyA surcharge required by 4 11 section 911.2 or 911.3 shall be added to the scheduled fine. 4 12 Sec. 11. Section 805.8C, subsection 3, paragraph a, Code 4 13 2003, is amended to read as follows: 4 14 a. For violations of section 142B.6, the scheduled fine is 4 15 twenty-five dollars, and is a civil penalty, andthe criminal4 16penaltya surcharge under section 911.2 or 911.3 shall not be 4 17 added to the penalty, and the court costs pursuant to section 4 18 805.9, subsection 6, shall not be imposed. If the civil 4 19 penalty assessed for a violation of section 142B.6 is not paid 4 20 in a timely manner, a citation shall be issued for the 4 21 violation in the manner provided in section 804.1. However, a 4 22 person under age eighteen shall not be detained in a secure 4 23 facility for failure to pay the civil penalty. The 4 24 complainant shall not be charged a filing fee. 4 25 Sec. 12. Section 805.8C, subsection 3, paragraph c, 4 26 unnumbered paragraph 1, Code 2003, is amended to read as 4 27 follows: 4 28 For violations of section 453A.2, subsection 2, the 4 29 scheduled fine is as follows and is a civil penalty, andthe4 30criminal penaltya surcharge under section 911.2 or 911.3 4 31 shall not be added to the penalty, and the court costs 4 32 pursuant to section 805.9, subsection 6, shall not be imposed: 4 33 Sec. 13. Section 909.10, subsection 1, Code 2003, is 4 34 amended to read as follows: 4 35 1. As used in this section, unless the context otherwise 5 1 requires, "delinquent amounts" means a fine, court-imposed 5 2 court costs in a criminal proceeding, orcriminalsurcharge 5 3 imposed pursuant to section 911.2 or 911.3, which remains 5 4 unpaid after two years from the date that the fine, court 5 5 costs, or surcharge was imposed, and which is not collected by 5 6 the county attorney pursuant to section 602.8107. However, if 5 7 the fine may be paid in installments pursuant to section 5 8 909.3, the fine is not a delinquent amount unless the 5 9 installment remains unpaid after two years from the date the 5 10 installment was due. 5 11 Sec. 14. Section 911.2, unnumbered paragraph 1, Code 2003, 5 12 is amended to read as follows: 5 13 When a court imposes a fine or forfeiture for a violation 5 14 of a state law, or of a city or county ordinance except an 5 15 ordinance regulating the parking of motor vehicles, the court 5 16 shall assess an additional penalty in the form of a surcharge 5 17 equal to thirty percent of the fine or forfeiture imposed.An5 18additional drug abuse resistance education surcharge of ten5 19dollars shall be assessed by the clerk of the district court5 20if the violation arose out of a violation of an offense5 21provided for in chapter 321J or chapter 124, division IV.In 5 22 the event of multiple offenses, the surcharge shall be based 5 23 upon the total amount of fines or forfeitures imposed for all 5 24 offenses. When a fine or forfeiture is suspended in whole or 5 25 in part, the surcharge shall be reduced in proportion to the 5 26 amount suspended. 5 27 EXPLANATION 5 28 This bill establishes a criminalistics laboratory surcharge 5 29 and creates a criminalistics laboratory fund. 5 30 DIVISION I. The bill provides that a criminalistics 5 31 laboratory surcharge be assessed that is equal to 2 percent of 5 32 any fine or forfeiture imposed for a violation of any state 5 33 law or city or county ordinance, except a parking violation. 5 34 The bill provides that a criminalistics laboratory surcharge 5 35 be collected by the clerk of court and remitted to the 6 1 treasurer of state for deposit in the criminalistics 6 2 laboratory fund established in the state treasury. 6 3 The bill provides that the criminalistics laboratory fund 6 4 be under the control of the department of public safety and 6 5 that any moneys in the fund be appropriated to the department 6 6 for criminalistics laboratory equipment purchase, maintenance, 6 7 depreciation, and training. 6 8 DIVISION II. The bill combines the criminalistics 6 9 laboratory surcharge into one Code section with most of the 6 10 existing criminal surcharges in the Code, except the general 6 11 criminal penalty surcharge. This division of the bill amends 6 12 various Code sections to conform with combining the surcharges 6 13 into one Code section. 6 14 LSB 1060SV 80 6 15 jm/sh/8
Text: SF00398 Text: SF00400 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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