Senate File 457 H-8308 Amend the amendment, H-8248, to Senate File 457, as amended, 1 passed, and reprinted by the Senate, as follows: 2 1. Page 40, after line 33 by inserting: 3 < DIVISION ___ 4 CIVIL CLAIMS FOR REIMBURSEMENT 5 Sec. ___. Section 331.659, subsection 1, paragraph a, 6 unnumbered paragraph 1, Code 2020, is amended to read as 7 follows: 8 A Except for a civil claim for reimbursement under section 9 356.7, a sheriff or a deputy sheriff shall not: 10 Sec. ___. Section 356.7, subsection 2, paragraph i, Code 11 2020, is amended by striking the paragraph. 12 Sec. ___. Section 356.7, subsection 4, Code 2020, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 4. A claim for reimbursement shall be filed in a separate 16 civil action rather than as a claim in the underlying criminal 17 case. 18 Sec. ___. Section 602.8102, Code 2020, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 105C. Apply payments made to a civil claim 21 for reimbursement judgment under section 356.7 to court debt, 22 as defined in section 602.8107, in the priority order set out 23 in section 602.8107, subsection 2, if the debtor has delinquent 24 court debt. 25 Sec. ___. Section 602.8105, subsection 1, Code 2020, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . k. For a civil claim for reimbursement under 28 section 356.7, zero dollars. 29 Sec. ___. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION ___ 32 RESTITUTION 33 Sec. ___. Section 602.8107, subsection 1, paragraph a, Code 34 2020, is amended by striking the paragraph and inserting in 35 -1- H8248.4476 (2) 88 as/jh 1/ 20 #1.

lieu thereof the following: 1 a. “Court debt” means all restitution, fees, and forfeited 2 bail. 3 Sec. ___. Section 602.8107, subsection 2, paragraphs b and 4 c, Code 2020, are amended to read as follows: 5 b. (1) If Except as provided in subparagraph (2), if a case 6 number is not identified, the clerk shall apply the payment to 7 the balance owed in the criminal case with the oldest judgment 8 against the person. 9 (2) The clerk shall apply payments to pecuniary damages 10 in other criminal cases when no case number is identified in 11 priority order from the oldest judgment to the most recent 12 judgment before applying payments to any other court debt. 13 c. Payments received under this section shall be applied in 14 the following priority order: 15 (1) Pecuniary damages as defined in section 910.1, 16 subsection 3 . 17 (2) Fines or penalties and criminal penalty and law 18 enforcement initiative surcharges. 19 (3) Crime victim compensation program reimbursement. 20 (4) Court costs , including correctional fees assessed 21 pursuant to sections 356.7 and 904.108 , court-appointed 22 attorney fees, or public defender expenses. 23 Sec. ___. Section 602.8107, subsection 4, paragraph a, Code 24 2020, is amended to read as follows: 25 a. This subsection does not apply to amounts collected for 26 victim restitution involving pecuniary damages , the victim 27 compensation fund, the criminal penalty surcharge, sex offender 28 civil penalty, drug abuse resistance education surcharge, 29 the law enforcement initiative surcharge, county enforcement 30 surcharge, or amounts collected as a result of procedures 31 initiated under subsection 5 or under section 8A.504 , or fees 32 charged pursuant to section 356.7 . 33 Sec. ___. Section 909.3, subsection 1, Code 2020, is amended 34 to read as follows: 35 -2- H8248.4476 (2) 88 as/jh 2/ 20

1. All Unless a plan of payment has been issued pursuant to 1 chapter 910, fines imposed by the court shall be paid on the 2 day the fine is imposed, and the person shall be instructed to 3 pay such fines with the office of the clerk of the district 4 court on the date of imposition. 5 Sec. ___. Section 910.1, Code 2020, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 01. “Category “A” restitution” means fines, 8 penalties, and surcharges. 9 NEW SUBSECTION . 001. “Category “B” restitution” means 10 the contribution of funds to a local anticrime organization 11 which provided assistance to law enforcement in an offender’s 12 case, the payment of crime victim compensation program 13 reimbursements, payment of restitution to public agencies 14 pursuant to section 321J.2, subsection 13, paragraph “b” , 15 court costs, court-appointed attorney fees ordered pursuant to 16 section 815.9, including the expense of a public defender, and 17 payment to the medical assistance program pursuant to chapter 18 249A for expenditures paid on behalf of the victim resulting 19 from the offender’s criminal activities including investigative 20 costs incurred by the Medicaid fraud control unit pursuant to 21 section 249A.50. 22 NEW SUBSECTION . 1A. “Financial affidavit” means a signed 23 affidavit under penalty of perjury that provides financial 24 information about the offender to enable the sentencing court 25 or the department of corrections to make a determination 26 regarding the ability of the offender to pay category “B” 27 restitution. “Financial affidavit” includes the offender’s 28 income, physical and mental health, age, education, employment, 29 inheritance, other debts, other amounts of restitution owed, 30 family circumstances, and any assets subject to execution, 31 including but not limited to cash, accounts at financial 32 institutions, stocks, bonds, and any other property which may 33 be applied to the satisfaction of judgments. 34 NEW SUBSECTION . 3A. “Permanent restitution order” means an 35 -3- H8248.4476 (2) 88 as/jh 3/ 20

enforceable restitution order entered either at the time of 1 sentencing or at a later date determined by the court. 2 NEW SUBSECTION . 3B. “Plan of payment” or “restitution plan 3 of payment” means a plan for paying restitution wherein the 4 defendant is ordered to pay a certain amount of money each 5 month to repay outstanding restitution. 6 NEW SUBSECTION . 3C. “Plan of restitution” means a permanent 7 restitution order, restitution plan of payment, any other 8 court order relating to restitution, or any combination of the 9 foregoing. 10 Sec. ___. Section 910.1, subsection 4, Code 2020, is amended 11 by striking the subsection and inserting in lieu thereof the 12 following: 13 4. “Restitution” means pecuniary damages, category “A” 14 restitution, and category “B” restitution. 15 Sec. ___. Section 910.2, Code 2020, is amended by striking 16 the section and inserting in lieu thereof the following: 17 910.2 Restitution or community service ordered by sentencing 18 court. 19 1. a. In all criminal cases in which there is a plea of 20 guilty, verdict of guilty, or special verdict upon which a 21 judgment of conviction is rendered, the sentencing court shall 22 order that pecuniary damages be paid by each offender to the 23 victims of the offender’s criminal activities, and that all 24 other restitution be paid to the clerk of court subject to the 25 following: 26 (1) Pecuniary damages and category “A” restitution shall be 27 ordered without regard to an offender’s reasonable ability to 28 make payments. 29 (2) Category “B” restitution shall be ordered subject to 30 an offender’s reasonable ability to make payments pursuant to 31 section 910.2A. 32 b. Pecuniary damages shall be paid to victims in full before 33 category “A” and category “B” restitution are paid. 34 c. In structuring a plan of restitution, the plan of payment 35 -4- H8248.4476 (2) 88 as/jh 4/ 20

shall provide for payments in the following order of priority: 1 (1) Pecuniary damages to the victim. 2 (2) Category “A” restitution. 3 (3) Category “B” restitution in the following order: 4 (a) Crime victim compensation program reimbursement. 5 (b) Public agencies. 6 (c) Court costs. 7 (d) Court-appointed attorney fees ordered pursuant to 8 section 815.9, including the expense of a public defender. 9 (e) Contribution to a local anticrime organization. 10 (f) The medical assistance program. 11 2. a. When the offender is not reasonably able to pay 12 all or a part of category “B” restitution, the court may 13 require the offender in lieu of that portion of category “B” 14 restitution for which the offender is not reasonably able to 15 pay, to perform a needed public service for a governmental 16 agency or for a private nonprofit agency which provides a 17 service to the youth, elderly, or poor of the community. 18 b. When community service is ordered, the court shall set 19 a specific number of hours of service to be performed by the 20 offender. When calculating the amount of community service to 21 be performed in lieu of payment of court-appointed attorney 22 fees, the court shall determine the approximate equivalent 23 value of the expenses of the public defender. The judicial 24 district department of correctional services shall provide for 25 the assignment of the offender to a public agency or private 26 nonprofit agency to perform the required service. 27 Sec. ___. NEW SECTION . 910.2A Reasonable ability to pay —— 28 category “B” restitution payments. 29 1. An offender is presumed to have the reasonable ability 30 to make restitution payments for the full amount of category 31 “B” restitution. 32 2. If an offender requests that the court determine the 33 amount of category “B” restitution payments the offender is 34 reasonably able to make toward paying the full amount of such 35 -5- H8248.4476 (2) 88 as/jh 5/ 20

restitution, the court shall hold a hearing and make such a 1 determination, subject to the following provisions: 2 a. To obtain relief at such a hearing, the offender must 3 affirmatively prove by a preponderance of the evidence that the 4 offender is unable to reasonably make payments toward the full 5 amount of category “B” restitution. 6 b. The offender must furnish the prosecuting attorney and 7 sentencing court with a completed financial affidavit. Failure 8 to furnish a completed financial affidavit waives any claim 9 regarding the offender’s reasonable ability to pay. 10 c. The prosecuting attorney, the attorney for the defendant, 11 and the court shall be permitted to question the offender 12 regarding the offender’s reasonable ability to pay. 13 d. Based on the evidence offered at the hearing, including 14 but not limited to the financial affidavit, the court shall 15 determine the amount of category “B” restitution the offender 16 is reasonably able to make payments toward, and order the 17 offender to make payments toward that amount. 18 3. a. If an offender does not make a request as provided in 19 subsection 2 at the time of sentencing or within thirty days 20 after the court issues a permanent restitution order, the court 21 shall order the offender to pay the full amount of category “B” 22 restitution. 23 b. An offender’s failure to request a determination 24 pursuant to this section waives all future claims regarding 25 the offender’s reasonable ability to pay, except as provided 26 by section 910.7. 27 4. If an offender requests that the court make a 28 determination pursuant to subsection 2, the offender’s 29 financial affidavit shall be filed of record in all criminal 30 cases for which the offender owes restitution and the affidavit 31 shall be accessible by a prosecuting attorney or attorney for 32 the offender without court order or appearance. 33 5. A court that makes a determination under this section is 34 presumed to have properly exercised its discretion. A court is 35 -6- H8248.4476 (2) 88 as/jh 6/ 20

not required to state its reasons for making a determination. 1 Sec. ___. NEW SECTION . 910.2B Conversion of existing 2 restitution orders. 3 1. All of the following, if entered by a district court 4 prior to the effective date of this Act, shall be converted to 5 permanent restitution orders: 6 a. A temporary restitution order. 7 b. A supplemental restitution order. 8 c. A restitution order that does not contain a determination 9 of the defendant’s reasonable ability to pay the restitution 10 ordered. 11 2. The only means by which a defendant may challenge the 12 conversion of a restitution order is through the filing of a 13 petition pursuant to section 910.7. 14 3. The provisions of this chapter, including but not limited 15 to the procedures in section 910.2A, shall apply to a challenge 16 to the conversion of an existing restitution order in the 17 district court and on appeal. 18 4. A challenge to the conversion of an existing restitution 19 order to a permanent restitution order shall be filed in the 20 district court no later than one year from the effective date 21 of this Act. 22 Sec. ___. Section 910.3, Code 2020, is amended to read as 23 follows: 24 910.3 Determination of amount of restitution. 25 1. The county prosecuting attorney shall prepare a 26 statement of pecuniary damages to victims of the defendant 27 and, if applicable, any award by the crime victim compensation 28 program and expenses incurred by public agencies pursuant to 29 section 321J.2, subsection 13 , paragraph “b” , and shall provide 30 the statement to the presentence investigator or submit the 31 statement to the court at the time of sentencing. 32 2. The clerk of court shall prepare a statement of 33 court-appointed attorney fees ordered pursuant to section 34 815.9 , including the expense of a public defender , and court 35 -7- H8248.4476 (2) 88 as/jh 7/ 20

costs including correctional fees claimed by a sheriff or 1 municipality pursuant to section 356.7 , which shall be provided 2 to the presentence investigator or submitted to the court at 3 the time of sentencing. 4 3. If these the statements in subsection 1 or 2 are provided 5 to the presentence investigator, they shall become a part of 6 the presentence report. 7 4. If pecuniary damage amounts are not available or are 8 incomplete at the time of sentencing, the county prosecuting 9 attorney shall provide a statement of pecuniary damages 10 incurred up to that time to the clerk of court. 11 5. The statement of pecuniary damages shall ordinarily be 12 provided no later than thirty days after sentencing. However, 13 a prosecuting attorney may file a statement of pecuniary 14 damages within a reasonable time after the prosecuting attorney 15 is notified by a victim of any pecuniary damages incurred. 16 6. If a defendant believes no person suffered pecuniary 17 damages, the defendant shall so state. 18 7. If the defendant has any mental or physical impairment 19 which would limit or prohibit the performance of a public 20 service, the defendant shall so state. The court may order a 21 mental or physical examination, or both, of the defendant to 22 determine a proper course of action. At the time of sentencing 23 or at a later date to be determined by the court, the 24 8. The court shall set out the enter a permanent restitution 25 order setting out the amount of restitution including the 26 amount of public service to be performed as restitution and 27 the persons to whom restitution must be paid. A permanent 28 restitution order entered at the time of sentencing is part of 29 the final judgment of sentence as defined in section 814.6 and 30 shall be considered in a properly perfected appeal. 31 9. If the full amount of restitution cannot be determined 32 at the time of sentencing, the court shall issue a temporary 33 permanent restitution order determining a reasonable amount 34 for setting forth the amount of restitution identified up to 35 -8- H8248.4476 (2) 88 as/jh 8/ 20

that time. At a later date as determined by the court, the 1 court shall issue a permanent, supplemental order, setting the 2 full amount of restitution. The court shall enter further 3 supplemental orders, if necessary. These court orders shall be 4 known as the plan of restitution. 5 10. A permanent restitution order may be superseded by 6 subsequent orders if additional or different restitution is 7 ordered. A permanent restitution order entered after the time 8 of sentencing shall only be challenged pursuant to section 9 910.7. 10 Sec. ___. Section 910.4, subsection 1, paragraph b, 11 subparagraphs (1) and (2), Code 2020, are amended to read as 12 follows: 13 (1) If the court extends the period of probation, the period 14 of probation shall not be for more than the maximum period of 15 probation for the offense committed except for an extension of 16 a period of probation as authorized in section 907.7 . After 17 discharge from probation or after the expiration of the period 18 of probation, as extended if applicable, the failure of an 19 offender to comply with the plan of restitution ordered by the 20 court shall constitute contempt of court. 21 (2) If an offender’s probation is revoked, the offender’s 22 assigned probation officer shall forward to the director of 23 the Iowa department of corrections , all known information 24 concerning the offender’s restitution plan, restitution plan of 25 payment, the restitution payment balance obligations, including 26 but not limited to the plan of restitution , and any other 27 pertinent information concerning or affecting restitution by 28 the offender. 29 Sec. ___. Section 910.4, subsections 2 and 3, Code 2020, are 30 amended to read as follows: 31 2. When the offender is committed to a county jail, or to 32 an alternate facility, the office or individual charged with 33 supervision of the offender shall prepare a restitution plan 34 of payment taking into consideration the offender’s income, 35 -9- H8248.4476 (2) 88 as/jh 9/ 20

physical and mental health, age, education, employment and 1 family circumstances and shall submit the plan to the court . 2 a. The office or individual charged with supervision of the 3 offender shall review the plan of restitution ordered by the 4 court, and shall submit a restitution plan of payment to the 5 sentencing court. 6 b. a. When community service is ordered by the court as 7 restitution, the restitution plan of payment shall set out a 8 plan to meet the requirement for the community service. 9 c. The court may approve or modify the plan of restitution 10 and restitution plan of payment. 11 d. b. When there is a significant change in the offender’s 12 income or circumstances, the office or individual which has 13 supervision of the restitution plan of payment shall submit a 14 modified restitution plan of payment to the court. 15 3. a. When there is a transfer of supervision from one 16 office or individual charged with supervision of the offender 17 to another, the sending office or individual shall forward to 18 the receiving office or individual all necessary information 19 regarding the balance owed against the original amount of 20 restitution ordered and the balance of public service required. 21 b. When If there has been a significant change in the 22 offender’s circumstances and or income have significantly 23 changed , the receiving office or individual shall submit a 24 new restitution plan of payment to the sentencing court for 25 approval or modification based on the considerations enumerated 26 in this section . 27 Sec. ___. Section 910.4, Code 2020, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4. Notwithstanding any other provision 30 in this chapter, the plan of payment shall be based on all 31 information pertinent to the offender’s reasonable ability to 32 pay. The first monthly payment under such a plan shall be made 33 within thirty days of the approval of the plan. 34 Sec. ___. Section 910.6, Code 2020, is amended to read as 35 -10- H8248.4476 (2) 88 as/jh 10/ 20

follows: 1 910.6 Payment plan —— copy to victims. 2 An office or individual preparing a restitution plan of 3 payment or modified restitution plan of payment , when it is 4 approved by the court if approval is required under section 5 910.4 , or when the plan is completed if court approval 6 under section 910.4 is not required, shall forward a copy to 7 the clerk of court in the county in which the offender was 8 sentenced. The clerk of court shall forward a copy of the 9 restitution plan of payment or modified plan of payment to the 10 victim or victims. 11 Sec. ___. Section 910.7, subsections 1 and 3, Code 2020, are 12 amended to read as follows: 13 1. At any time during the period of probation, parole, or 14 incarceration, the offender , the prosecuting attorney, or the 15 office or individual who prepared the offender’s restitution 16 plan may petition the court on any matter related to the plan 17 of restitution or restitution plan of payment and the court 18 shall grant a hearing if on the face of the petition it appears 19 that a hearing is warranted. 20 3. If a petition related to a plan of restitution has been 21 filed, the offender, the county prosecuting attorney, the 22 department of corrections if the offender is currently confined 23 in a correctional institution, the office or individual who 24 prepared the offender’s restitution plan, and the victim shall 25 receive notice prior to any hearing under this section . 26 Sec. ___. Section 910.7, Code 2020, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 4. An appellate court shall not review 29 or modify an offender’s plan of restitution, restitution 30 plan of payment, or any other issue related to an offender’s 31 restitution under this subsection, unless the offender has 32 exhausted the offender’s remedies under this section and 33 obtained a ruling from the district court prior to the issue 34 being raised in the appellate courts. 35 -11- H8248.4476 (2) 88 as/jh 11/ 20

NEW SUBSECTION . 5. Appellate review of a district court 1 ruling under this section shall be by writ of certiorari. 2 Sec. ___. Section 910.9, subsection 3, Code 2020, is amended 3 to read as follows: 4 3. Fines, penalties, and surcharges, crime victim 5 compensation program reimbursement, public agency restitution, 6 court costs including correctional fees claimed by a sheriff 7 or municipality pursuant to section 356.7 , and court-appointed 8 attorney fees ordered pursuant to section 815.9 , including the 9 expenses for public defenders, Category “A” restitution and 10 category “B” restitution shall not be withheld by the clerk of 11 court until all pecuniary damages to victims have been paid in 12 full. Payments to victims shall be made by the clerk of court 13 at least quarterly. Payments by a clerk of court shall be made 14 no later than the last business day of the quarter, but may be 15 made more often at the discretion of the clerk of court. The 16 clerk of court receiving final payment from an offender shall 17 notify all victims that full restitution has been made. Each 18 office or individual charged with supervising an offender who 19 is required to perform community service as full or partial 20 restitution shall keep records to assure compliance with the 21 portions of the plan of restitution and restitution plan of 22 payment relating to community service and, when the offender 23 has complied fully with the community service requirement, 24 notify the sentencing court. 25 Sec. ___. FINANCIAL AFFIDAVIT —— SUPREME COURT RULES. The 26 supreme court shall adopt rules prescribing the form and 27 content of the financial affidavit. 28 Sec. ___. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION ___ 31 COLLECTION OF COURT DEBT 32 Sec. ___. Section 321.40, subsection 10, Code 2020, is 33 amended to read as follows: 34 10. a. The clerk of the district court shall notify the 35 -12- H8248.4476 (2) 88 as/jh 12/ 20

county treasurer of any delinquent court debt, as defined in 1 section 602.8107 , which is being collected by the private 2 collection designee department of revenue pursuant to section 3 602.8107, subsection 3 , or the county attorney pursuant to 4 section 602.8107, subsection 4 . The county treasurer shall 5 refuse to renew the vehicle registration of the applicant upon 6 such notification from the clerk of the district court in 7 regard to such applicant. 8 b. If the applicant enters into or renews an installment 9 agreement as defined in section 602.8107 , that is satisfactory 10 to the private collection designee department of revenue , the 11 county attorney, or the county attorney’s designee, the private 12 collection designee department of revenue , county attorney, or 13 a county attorney’s designee shall provide the county treasurer 14 with written or electronic notice of the installment agreement 15 within five days of entering into the installment agreement. 16 The county treasurer shall temporarily lift the registration 17 hold on an applicant for a period of ten days if the treasurer 18 receives such notice in order to allow the applicant to 19 register a vehicle for the year. If the applicant remains in 20 compliance with the installment agreement entered into with 21 the private collection designee department of revenue or the 22 county attorney or the county attorney’s designee, subsequent 23 lifts of registration holds shall be granted without additional 24 restrictions. 25 Sec. ___. Section 321.210A, subsection 2, Code 2020, is 26 amended to read as follows: 27 2. If after suspension, the person enters into an 28 installment agreement with the county attorney, the county 29 attorney’s designee, or the private collection designee 30 department of revenue in accordance with section 321.210B to 31 pay the fine, penalty, court cost, or surcharge, the person’s 32 license shall be reinstated by the department upon receipt of a 33 report of an executed installment agreement. 34 Sec. ___. Section 321.210B, subsections 1, 3, 8, 9, 11, and 35 -13- H8248.4476 (2) 88 as/jh 13/ 20

13, Code 2020, are amended to read as follows: 1 1. a. If a person’s fine, penalty, surcharge, or court 2 cost is deemed delinquent as provided in section 602.8107, 3 subsection 2 , and the person’s driver’s license has been 4 suspended pursuant to section 321.210A , or the clerk of the 5 district court has reported the delinquency to the department 6 as required by section 321.210A , the person may execute an 7 installment agreement as defined in section 602.8107 with 8 the county attorney, the county attorney’s designee, or the 9 private collection designee under contract with the judicial 10 branch pursuant to section 602.8107, subsection 5 department 11 of revenue , to pay the delinquent amount and the civil penalty 12 assessed in subsection 7 in installments. Prior to execution 13 of the installment agreement, the person shall provide the 14 county attorney, the county attorney’s designee, or the private 15 collection designee department of revenue with a financial 16 statement in order for the parties to the agreement to 17 determine the amount of the installment payments. 18 b. Cases involving court debt assigned to a county attorney, 19 a county attorney’s designee, or the private collection 20 designee department of revenue shall remain so assigned. 21 3. The county attorney, the county attorney’s designee, or 22 the private collection designee department of revenue shall 23 file or give notice of the installment agreement with the clerk 24 of the district court in the county where the fine, penalty, 25 surcharge, or court cost was imposed, within five days of 26 execution of the agreement. 27 8. a. Except as provided in paragraph “b” , upon 28 determination by the county attorney, the county attorney’s 29 designee, or the private collection designee department of 30 revenue that the person is in default, the county attorney, the 31 county attorney’s designee, or the private collection designee 32 department of revenue shall notify the clerk of the district 33 court. 34 b. (1) If the person is in default and the person 35 -14- H8248.4476 (2) 88 as/jh 14/ 20

provides a new financial statement within fifteen days of 1 the determination made pursuant to paragraph “a” indicating 2 that the person’s financial condition has changed to such an 3 extent that lower installment payments would have been required 4 prior to the execution of the initial installment agreement 5 under subsection 1 , the county attorney, the county attorney’s 6 designee, or the private collection designee department of 7 revenue shall not notify the clerk of the district court, 8 and the person shall not be considered in default. The new 9 installment payments shall be based upon the new financial 10 statement filed in compliance with this subparagraph. 11 (2) A person making new installment payments after 12 complying with the provisions of subparagraph (1) shall not be 13 considered executing a new installment agreement for purposes 14 of calculating the number of installment agreements a person 15 may execute in a person’s lifetime under subsection 12 . 16 9. The clerk of the district court, upon receipt of a 17 notification of a default from the county attorney, the 18 county attorney’s designee, or the private collection designee 19 department of revenue , shall report the default to the 20 department of transportation. 21 11. If a new fine, penalty, surcharge, or court cost 22 is imposed on a person after the person has executed an 23 installment agreement with the county attorney, the county 24 attorney’s designee, or the private collection designee 25 department of revenue , and the new fine, penalty, surcharge, 26 or court cost is deemed delinquent as provided in section 27 602.8107, subsection 2 , and the person’s driver’s license 28 has been suspended pursuant to section 321.210A , the person 29 may enter into a second installment agreement with the 30 county attorney, county attorney’s designee, or the private 31 collection designee department of revenue to pay the delinquent 32 amount and the civil penalty, if assessed, in subsection 7 in 33 installments. 34 13. Except for a civil penalty assessed and collected 35 -15- H8248.4476 (2) 88 as/jh 15/ 20

pursuant to subsection 7 , any amount collected under the 1 installment agreement by the county attorney or the county 2 attorney’s designee shall be distributed as provided in section 3 602.8107, subsection 4 , and any amount collected by the private 4 collection designee department of revenue shall be deposited 5 with the clerk of the district court for distribution under 6 section 602.8108 . 7 Sec. ___. Section 602.8107, subsection 3, Code 2020, is 8 amended to read as follows: 9 3. Collection by private collection designee under contract 10 with the judicial branch department of revenue . 11 a. (1) Thirty days after court debt has been assessed 12 and full payment has not been received, or if an installment 13 payment is not received within thirty days after the date it 14 is due, the judicial branch shall assign a case to the private 15 collection designee under contract with the judicial branch 16 pursuant to subsection 5 to collect debts owed to the clerk of 17 the district court department of revenue , unless the case has 18 been assigned to the county attorney under paragraph “c” . 19 (2) The department of revenue may impose a fee established 20 by rule to reflect the cost of processing which shall be added 21 to the debt owed to the clerk of the district court. 22 b. In addition, court debt which is being collected under 23 an installment agreement pursuant to section 321.210B which is 24 in default that remains delinquent shall remain assigned to 25 the private collection designee department of revenue if the 26 installment agreement was executed with the private collection 27 designee department of revenue ; or to the county attorney 28 or county attorney’s designee if the installment agreement 29 was executed with the county attorney or county attorney’s 30 designee. 31 c. Thirty days after court debt has been assessed and full 32 payment has not been received, or if an installment payment is 33 not received within thirty days after the date it is due, and 34 if a county attorney has filed with the clerk of the district 35 -16- H8248.4476 (2) 88 as/jh 16/ 20

court a notice of full commitment to collect delinquent court 1 debt pursuant to subsection 4 , the case shall be assigned 2 to the county attorney as provided in subsection 4 . The 3 judicial branch shall assign cases with delinquent court debt 4 to a county attorney in the same format and with the same 5 frequency as cases with delinquent court debt are assigned to 6 the private collection designee department of revenue under 7 paragraph “a” , and a county attorney shall not be required 8 to file an individual notice of full commitment to collect 9 delinquent court debt for each assigned case. If the county 10 attorney or the county attorney’s designee, while collecting 11 delinquent court debt pursuant to subsection 4 , determines that 12 a person owes additional court debt for which a case has not 13 been assigned by the judicial branch, the county attorney or 14 the county attorney’s designee shall notify the clerk of the 15 district court of the appropriate case numbers and the judicial 16 branch shall assign these cases to the county attorney for 17 collection if the additional court debt is delinquent. 18 Sec. ___. Section 602.8107, subsection 4, unnumbered 19 paragraph 1, Code 2020, is amended to read as follows: 20 The county attorney or the county attorney’s designee may 21 collect court debt after the court debt is deemed delinquent 22 pursuant to subsection 2 . In order to receive a percentage of 23 the amounts collected pursuant to this subsection , the county 24 attorney must first file with the clerk of the district court 25 on or before July 1 of the first year the county attorney 26 collects court debt under this subsection , a notice of full 27 commitment to collect delinquent court debt, and a memorandum 28 of understanding with the state court administrator for all 29 cases assigned to the county for collection by the court. 30 The notice shall contain a list of procedures which will be 31 initiated by the county attorney. For a county attorney 32 filing a notice of full commitment for the first time, the 33 cases involving delinquent court debt previously assigned to 34 the private collection designee department of revenue shall 35 -17- H8248.4476 (2) 88 as/jh 17/ 20

remain assigned to the private collection designee department 1 of revenue . Cases involving delinquent court debt assigned 2 to the county attorney after the filing of a notice of full 3 commitment by the county attorney shall remain assigned to the 4 county attorney. A county attorney who chooses to discontinue 5 collection of delinquent court debt shall file with the clerk 6 of the district court on or before May 15 a notice of the intent 7 to cease collection of delinquent court debt at the start of 8 the next fiscal year. If a county attorney ceases collection 9 efforts, or if the state court administrator deems that a 10 county attorney collections program has become ineligible to 11 collect as specified in paragraph “f” , all cases involving 12 delinquent court debt assigned to the county attorney shall 13 be transferred on July 1 to the private collection designee 14 department of revenue for collection, except that debt 15 associated with any existing installment agreement shall remain 16 assigned to the county for collection unless an installment 17 payment becomes delinquent, after which the delinquent debt 18 associated with the installment agreement shall be transferred 19 promptly to the private collection designee department of 20 revenue for collection. 21 Sec. ___. Section 602.8107, subsection 4, paragraph f, Code 22 2020, is amended to read as follows: 23 f. Beginning July 1, 2017, within two years of beginning 24 to collect delinquent court debt, a county attorney shall be 25 required to collect one hundred percent of the applicable 26 threshold amount specified in paragraph “c” . If a county 27 attorney collects more than eighty percent but less than one 28 hundred percent of the applicable threshold amount, the state 29 court administrator shall provide notice to the county attorney 30 specifying that in order to remain eligible to participate in 31 the county attorney collection program, the county attorney 32 must collect at least one hundred twenty-five percent of the 33 applicable threshold amount by the end of the next fiscal year. 34 If a county attorney who has been given such a notice fails 35 -18- H8248.4476 (2) 88 as/jh 18/ 20

to collect one hundred twenty-five percent of the applicable 1 threshold amount, the state court administrator shall provide 2 notice to the county attorney that the county is ineligible to 3 participate in the county attorney collection program for the 4 next two fiscal years and all existing and future court cases 5 with delinquent court debt shall be assigned to the private 6 collection designee department of revenue . The provisions of 7 this paragraph apply to all counties, including those counties 8 where delinquent court debt is collected pursuant to a chapter 9 28E agreement with one or more counties. 10 Sec. ___. Section 602.8107, subsection 5, Code 2020, is 11 amended by striking the subsection. 12 Sec. ___. Section 602.8107, subsection 7, Code 2020, is 13 amended to read as follows: 14 7. Reports. The judicial branch shall prepare a report 15 aging the court debt. The report shall include the amounts 16 collected by the private collection designee, the distribution 17 of these amounts, and the amount of the fee collected by the 18 private collection designee. In addition, the report shall 19 include the amounts written off pursuant to subsection 6 . The 20 judicial branch shall provide the report to the co-chairpersons 21 and ranking members of the joint appropriations subcommittee on 22 the justice system, the legislative services agency, and the 23 department of management by December 15 of each year. 24 Sec. ___. EFFECTIVE DATE. This division of this Act takes 25 effect January 1, 2021. > 26 2. Page 41, line 1, by striking < This > and inserting < Unless 27 otherwise provided, this > 28 3. Page 41, line 7, after < agreements, > by inserting 29 < modifying civil claims for reimbursement, restitution, and 30 collection of court debt, > 31 4. By renumbering as necessary. 32 -19- H8248.4476 (2) 88 as/jh 19/ 20 #2. #3.