CHAPTER 911
SURCHARGE ADDED TO CRIMINAL PENALTIES

  911.1  Criminal penalty surcharge.
  1.  A criminal penalty surcharge shall be levied against law violators as provided in this section. When a court imposes a fine or forfeiture for a violation of state law, or a city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court or the clerk of the district court shall assess an additional penalty in the form of a criminal penalty surcharge equal to thirty-five percent of the fine or forfeiture imposed.
  2.  In the event of multiple offenses, the surcharge shall be based upon the total amount of fines or forfeitures imposed for all offenses.
  3.  When a fine or forfeiture is suspended in whole or in part, the court shall reduce the surcharge in proportion to the amount suspended.
  4.  The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.
  5.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 3.
[
82 Acts, ch 1258, §1
]
91 Acts, ch 181, §16
; 
94 Acts, ch 1074, §17
; 
2004 Acts, ch 1111, §10
; 
2005 Acts, ch 143, §6
; 
2009 Acts, ch 179, §65, 72

  911.2  Drug abuse resistance education surcharge.
  1.  In addition to any other surcharge, the court or clerk of the district court shall assess a drug abuse resistance education surcharge of ten dollars if a violation arises out of a violation of an offense provided for in chapter 321J or chapter 124, division IV.
  2.  In the event of multiple offenses, the surcharge shall be imposed for each applicable offense. The surcharge shall not be assessed for any offense for which the court defers the sentence or judgment or suspends the sentence.
  3.  The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.
  4.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 4.
[
82 Acts, ch 1258, §2
]
84 Acts, ch 1274, §2
; 
87 Acts, ch 72, §2
; 
90 Acts, ch 1264, §36
; 
91 Acts, ch 260, §816, 818
; 
91 Acts, ch 263, §35
; 
96 Acts, ch 1216, §34
; 
98 Acts, ch 1071, §2
; 
2001 Acts, ch 182, §11
; 
2004 Acts, ch 1111, §11

  911.2A  Human trafficking victim surcharge.
  1.  In addition to any other surcharge, the court or clerk of the district court shall assess a human trafficking victim surcharge of one thousand dollars if an adjudication of guilt or a deferred judgment has been entered for a criminal violation of section 725.1, subsection 2, or section 710A.2, 725.2, or 725.3.
  2.  In the event of multiple offenses, the surcharge shall be imposed for each applicable offense.
  3.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 6.
2014 Acts, ch 1097, §14, 16, 17

Section takes effect January 1, 2015, and applies to an adjudication of guilt or a deferred judgment entered on or after that date; 
2014 Acts, ch 1097, §16, 17

  911.2B  Domestic abuse assault, sexual abuse, stalking, and human trafficking victim surcharge.
  1.  In addition to any other surcharge, the court or clerk of the district court shall assess a domestic abuse assault, sexual abuse, stalking, and human trafficking victim surcharge of one hundred dollars if an adjudication of guilt or a deferred judgment has been entered for a violation of section 708.2A, 708.11, or 710A.2, or chapter 709.
  2.  In the event of multiple offenses, the surcharge shall be imposed for each applicable offense.
  3.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 7.
2015 Acts, ch 96, §15

NEW section

  911.2C  Domestic abuse protective order contempt surcharge.
  1.  In addition to any other surcharge, the court or clerk of the district court shall assess a domestic abuse protective order contempt surcharge of fifty dollars against a defendant who is held in contempt of court for violating a domestic abuse protective order issued pursuant to chapter 236. 
  2.  In the event of multiple violations, the surcharge shall be imposed for each applicable violation.
  3.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 7.
2015 Acts, ch 96, §16

NEW section

  911.3  Law enforcement initiative surcharge.
  1.  In addition to any other surcharge, the court or clerk of the district court shall assess a law enforcement initiative surcharge of one hundred twenty-five dollars if an adjudication of guilt or a deferred judgment has been entered for a criminal violation under any of the following:
  a.  Chapter 124, 155A, 453B, 713, 714, 715A, or 716.
  b.  Section 719.7, 719.8, 725.1, 725.2, or 725.3.
  2.  In the event of multiple offenses, the surcharge shall be imposed for each applicable offense.
  3.  The surcharge shall be remitted by the clerk of court as provided in section 602.8108, subsection 5.
2001 Acts, ch 168, §7
; 
2004 Acts, ch 1111, §12
; 
2007 Acts, ch 89, §2

  911.4  County enforcement surcharge.
  1.  If the county has adopted a resolution pursuant to section 331.301, subsection 16, and a court imposes a fine or forfeiture for any simple misdemeanor punishable as a scheduled violation pursuant to a citation issued by the sheriff as defined in section 331.101, the court or the clerk of the district court shall assess a surcharge in the amount of five dollars for each applicable violation in addition to any fine, forfeiture, or other surcharge.
  2.  Pursuant to section 602.8108, subsection 8, the surcharge shall be deposited in the county general fund of the county where the citation was issued.
  3.  The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.
2004 Acts, ch 1119, §9

Section not amended; internal reference change applied