House Amendment 1438


PAG LIN




     1  1    Amend House File 682, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Sec.    .  Section 602.8108, subsection 3, Code
     1  6 2005, is amended to read as follows:
     1  7    3.  The clerk of the district court shall remit to
     1  8 the state court administrator, not later than the
     1  9 fifteenth day of each month, ninety=five percent of
     1 10 all moneys collected from the criminal penalty
     1 11 surcharge provided in section 911.1 during the
     1 12 preceding calendar month.  The clerk shall remit the
     1 13 remainder to the county treasurer of the county that
     1 14 was the plaintiff in the action or to the city that
     1 15 was the plaintiff in the action.  Of the amount
     1 16 received from the clerk, the state court administrator
     1 17 shall allocate eighteen seventeen percent to be
     1 18 deposited in the victim compensation fund established
     1 19 in section 915.94, and eighty=two eighty=three percent
     1 20 to be deposited in the general fund.
     1 21    Sec.    .  Section 602.8108, Code 2005, is amended
     1 22 by adding the following new subsection:
     1 23    NEW SUBSECTION.  9.  A criminalistics laboratory
     1 24 fund is created as a separate fund in the state
     1 25 treasury under the control of the department of public
     1 26 safety.  The fund shall consist of appropriations made
     1 27 to the fund and transfers of interest, and earnings.
     1 28 All moneys in the fund are appropriated to the
     1 29 department of public safety for use by the department
     1 30 in criminalistics laboratory equipment purchasing,
     1 31 maintenance, depreciation, and training.  Any balance
     1 32 in the fund on June 30 of any fiscal year shall not
     1 33 revert to any other fund of the state but shall remain
     1 34 available for the purposes described in this
     1 35 subsection.>
     1 36 #2.  Page 2, by inserting after line 5 the
     1 37 following:
     1 38    <Sec.    .  Section 911.1, subsection 1, Code 2005,
     1 39 is amended to read as follows:
     1 40    1.  A criminal penalty surcharge shall be levied
     1 41 against law violators as provided in this section.
     1 42 When a court imposes a fine or forfeiture for a
     1 43 violation of state law, or a city or county ordinance,
     1 44 except an ordinance regulating the parking of motor
     1 45 vehicles, the court or the clerk of the district court
     1 46 shall assess an additional penalty in the form of a
     1 47 criminal penalty surcharge equal to thirty thirty=two
     1 48 percent of the fine or forfeiture imposed.>
     1 49 #3.  Title page, lines 1 and 2, by striking the
     1 50 words <upon the entry of a deferred judgment> and
     2  1 inserting the following:  <and criminal penalty
     2  2 surcharge, and creating a criminalistics laboratory
     2  3 fund>.
     2  4 #4.  By renumbering, relettering, or redesignating
     2  5 and correcting internal references as necessary.
     2  6 HF 682.S
     2  7 jm/cc/26

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