Senate Amendment 3103 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 1, by striking lines 5 through 7 and 1 37 inserting the following: <sentence are deferred by 1 38 the court and whereby a civil penalty may be assessed 1 39 by the court as provided in section 907.14 upon the 1 40 entry of a deferred judgment. The court retains the>. 1 41 #3. Page 1, line 15, by striking the word <shall> 1 42 and inserting the following: <may>. 1 43 #4. Page 1, line 33, by striking the word <shall> 1 44 and inserting the following: <may>. 1 45 #5. By striking page 1, line 34, through page 2, 1 46 line 1, and inserting the following: <of at least one 1 47 hundred dollars but not exceeding one thousand 1 48 dollars.> 1 49 #6. Page 2, by inserting after line 5 the 1 50 following: 2 1 <Sec. . Section 911.1, subsection 1, Code 2005, 2 2 is amended to read as follows: 2 3 1. A criminal penalty surcharge shall be levied 2 4 against law violators as provided in this section. 2 5 When a court imposes a fine or forfeiture for a 2 6 violation of state law, or a city or county ordinance, 2 7 except an ordinance regulating the parking of motor 2 8 vehicles, the court or the clerk of the district court 2 9 shall assess an additional penalty in the form of a 2 10 criminal penalty surcharge equal tothirtythirty=two 2 11 percent of the fine or forfeiture imposed.> 2 12 #7. Title page, lines 1 and 2, by striking the 2 13 words <upon the entry of a deferred judgment> and 2 14 inserting the following: <and criminal penalty 2 15 surcharge, and creating a criminalistics laboratory 2 16 fund>. 2 17 #8. By renumbering, relettering, or redesignating 2 18 and correcting internal references as necessary. 2 19 2 20 2 21 2 22 COMMITTEE ON JUDICIARY 2 23 KEITH A. KREIMAN, CO=CHAIRPERSON 2 24 2 25 2 26 2 27 DAVID MILLER, CO=CHAIRPERSON 2 28 HF 682.702 81 2 29 jm/gg/2956 -1-