Senate Amendment 5249


PAG LIN




     1  1    Amend House File 2530, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting after line 20 the
     1  4 following:
     1  5    <Sec. ___.  Section 602.8102, Code Supplement 2003,
     1  6 is amended by adding the following new subsection:
     1  7    NEW SUBSECTION.  135C.  Assess the domestic or
     1  8 sexual abuse surcharge of fifty dollars as provided in
     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 or sexual abuse 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 #2.  Page 2, by inserting after line 23 the
     1 21 following:
     1 22    <4A.  The clerk of the district court shall remit
     1 23 all moneys collected from the domestic or sexual abuse
     1 24 surcharge provided in section 911.4 to the state court
     1 25 administrator for deposit in the crime victim
     1 26 compensation fund established in section 915.94.>
     1 27 #3.  Page 4, line 10, by striking the word and
     1 28 figure <and 911.3> and inserting the following:  <and
     1 29 911.3, and 911.4>.
     1 30 #4.  Page 4, line 17, by striking the word and
     1 31 figure <and 911.3> and inserting the following:  <and
     1 32 911.3, and 911.4>.
     1 33 #5.  Page 4, by inserting after line 20 the
     1 34 following:
     1 35    <Sec. ___.  Section 909.8, Code 2003, is amended to
     1 36 read as follows:
     1 37    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
     1 38 SURCHARGE.
     1 39    The provisions of this chapter governing the
     1 40 payment and collection of a fine, except section
     1 41 909.3A, also apply to the payment and collection of
     1 42 surcharges imposed pursuant to chapter 911.  However,
     1 43 section 909.10 shall not apply to surcharges assessed
     1 44 under section sections 911.3 and 911.4.>
     1 45 #6.  Page 6, by inserting after line 16 the
     1 46 following:
     1 47    <Sec.    .  NEW SECTION.  911.4  DOMESTIC OR SEXUAL
     1 48 ABUSE SURCHARGE.
     1 49    1.  In addition to any other surcharges assessed
     1 50 under this chapter, a domestic or sexual abuse
     2  1 surcharge of fifty dollars shall be assessed by the
     2  2 clerk of the district court if an adjudication of
     2  3 guilt or a deferred judgment has been entered for a
     2  4 criminal violation of section 708.2A, 709.2, 709.3, or
     2  5 709.4.
     2  6    2.  In the event of multiple offenses, the
     2  7 surcharge shall be imposed for each applicable
     2  8 offense.
     2  9    3.  The surcharge shall be remitted by the clerk of
     2 10 court as provided in section 602.8108, subsection 4A.>
     2 11 #7.  By renumbering as necessary.
     2 12
     2 13
     2 14                               
     2 15 ROBERT E. DVORSKY
     2 16 HF 2530.301 80
     2 17 jm/cf

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