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 allocateeighteenseventeen percent to be 1 18 deposited in the victim compensation fund established 1 19 in section 915.94, andeighty=twoeighty=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 tothirtythirty=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 -1-