Senate Amendment 5112


PAG LIN




     1  1    Amend Senate File 2275 as follows:
     1  2 #1.  Page 1, by inserting before line 1 the
     1  3 following:
     1  4    <Section 1.  Section 602.8102, Code Supplement
     1  5 2003, is amended by adding the following new
     1  6 subsection:
     1  7    NEW SUBSECTION.  135C.  Assess the domestic abuse
     1  8 assault surcharge of fifty dollars as provided by
     1  9 section 911.4.
     1 10    Sec.    .  Section 602.8107, subsection 4,
     1 11 unnumbered paragraph 2, Code Supplement 2003, is
     1 12 amended to read as follows:
     1 13    This subsection does not apply to amounts collected
     1 14 for victim restitution, the victim compensation fund,
     1 15 criminal penalty surcharge, law enforcement initiative
     1 16 surcharge, domestic abuse assault surcharge, amounts
     1 17 collected as a result of procedures initiated under
     1 18 subsection 5 or under section 8A.504, or sheriff's
     1 19 room and board fees.
     1 20    Sec.    .  Section 602.8108, Code Supplement 2003,
     1 21 is amended by adding the following new subsection:
     1 22    NEW SECTION.  4A.  Notwithstanding provisions of
     1 23 this section to the contrary, all moneys collected
     1 24 from the domestic abuse assault surcharge provided in
     1 25 section 911.4 shall be deposited in the crime victim
     1 26 compensation fund established in section 915.94.>
     1 27 #2.  Page 1, by inserting after line 27 the
     1 28 following:
     1 29    <Sec.    .  Section 902.9, unnumbered paragraph 2,
     1 30 Code 2003, is amended to read as follows:
     1 31    The criminal penalty surcharge surcharges required
     1 32 by sections 911.2, and 911.3, and 911.4 shall be added
     1 33 to a fine imposed on a class "C" or class "D" felon,
     1 34 as provided by those sections, and is not a part of or
     1 35 subject to the maximums set in this section.
     1 36    Sec.    .  Section 903.1, subsection 4, Code 2003,
     1 37 is amended to read as follows:
     1 38    4.  The criminal penalty surcharge surcharges
     1 39 required by sections 911.2, and 911.3, and 911.4 shall
     1 40 be added to a fine imposed on a misdemeanant, and is
     1 41 are not a part of or subject to the maximums set in
     1 42 this section.
     1 43    Sec.    .  Section 909.8, Code 2003, is amended to
     1 44 read as follows:
     1 45    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
     1 46 SURCHARGE.
     1 47    The provisions of this chapter governing the
     1 48 payment and collection of a fine, except section
     1 49 909.3A, also apply to the payment and collection of
     1 50 surcharges imposed pursuant to chapter 911.  However,
     2  1 section 909.10 shall not apply to surcharges assessed
     2  2 under section sections 911.3 and 911.4.
     2  3    Sec.    .  NEW SECTION.  911.4  DOMESTIC ABUSE
     2  4 ASSAULT SURCHARGE.
     2  5    In addition to any of the other surcharges assessed
     2  6 under this chapter, a domestic abuse assault surcharge
     2  7 of fifty dollars shall be assessed by the clerk of the
     2  8 district court if an adjudication of guilt or a
     2  9 deferred judgment has been entered for a criminal
     2 10 violation of section 708.2A.>
     2 11    3.  Title page, line 1, by inserting after the word
     2 12 <procedure> the following:  <, and providing for a
     2 13 fee>.
     2 14
     2 15
     2 16                               
     2 17 ROBERT E. DVORSKY
     2 18 SF 2275.701 80
     2 19 jm/gg

                              -1-