House Amendment to Senate File 457 S-5155 Amend Senate File 457, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 SURCHARGES ADDED TO CRIMINAL PENALTIES AND DISTRIBUTION OF 6 SURCHARGE MONEYS 7 Section 1. Section 331.301, subsection 16, Code 2020, is 8 amended by striking the subsection. 9 Sec. 2. Section 331.302, subsection 2, Code 2020, is amended 10 to read as follows: 11 2. For a violation of an ordinance a county shall not 12 provide a penalty in excess of the maximum fine and term of 13 imprisonment for a simple misdemeanor under section 903.1, 14 subsection 1 , paragraph “a” . The criminal penalty crime 15 services surcharge required by section 911.1 shall be added to 16 a county fine and is not a part of the county’s penalty. 17 Sec. 3. Section 356.7, subsection 5, paragraph a, Code 2020, 18 is amended to read as follows: 19 a. Of the moneys collected and credited to the county 20 general fund as provided in this section and section 602.8106, 21 subsection 4, paragraph “b” , subparagraph (2) , sixty percent of 22 the moneys collected shall be used for the following purposes: 23 (1) Courthouse security equipment and law enforcement 24 personnel costs. 25 (2) Infrastructure improvements of a jail, including new or 26 remodeling costs. 27 (3) Infrastructure improvements of juvenile detention 28 facilities, including new or remodeling costs. 29 (4) Medical and prescription drug costs of inmates in jail. 30 Sec. 4. Section 364.3, subsection 2, Code 2020, is amended 31 to read as follows: 32 2. For a violation of an ordinance a city shall not 33 provide a penalty in excess of the maximum fine and term of 34 imprisonment for a simple misdemeanor under section 903.1, 35 -1- SF457.4499.H (1) 88 md 1/ 61 #1.
subsection 1 , paragraph “a” . An amount equal to ten twenty 1 percent of all fines collected by cities shall be deposited 2 in the account established in section 602.8108 . However, one 3 hundred percent of all fines collected by a city pursuant to 4 section 321.236, subsection 1 , shall be retained by the city. 5 The criminal penalty crime services surcharge required by 6 section 911.1 shall be added to a city fine and is not a part 7 of the city’s penalty. 8 Sec. 5. Section 602.8102, subsection 135A, Code 2020, is 9 amended to read as follows: 10 135A. Assess the surcharges provided by sections 911.1 , 11 911.2 , 911.2A , 911.2B , 911.2C , 911.3 , and 911.4 and 911.5 . 12 Sec. 6. Section 602.8106, subsection 1, paragraphs d and e, 13 Code 2020, are amended to read as follows: 14 d. For court costs in scheduled violation cases where a 15 court appearance is required, sixty fifty-five dollars. 16 e. For court costs in scheduled violation cases where a 17 court appearance is not required, sixty fifty-five dollars. 18 Sec. 7. Section 602.8106, subsections 2, 3, and 4, Code 19 2020, are amended to read as follows: 20 2. The clerk of the district court shall remit ninety eighty 21 percent of all fines and forfeited bail to the city that was 22 the plaintiff in any action, and shall provide that city with a 23 statement showing the total number of cases, the total of all 24 fines and forfeited bail collected, and the total of all cases 25 dismissed. The remaining ten twenty percent shall be submitted 26 to the state court administrator. 27 3. The clerk of the district court shall remit all fines 28 and forfeited bail for violation of a county ordinance , except 29 an ordinance relating to vehicle speed or weight restrictions, 30 to the county treasurer of the county that was the plaintiff 31 in the action, and shall provide that county with a statement 32 showing the total number of cases, the total of all fines and 33 forfeited bail collected, and the total of all cases dismissed , 34 except all fines and forfeited bail for violation of a county 35 -2- SF457.4499.H (1) 88 md 2/ 61
ordinance relating to vehicle speed or weight restrictions 1 shall be distributed pursuant to subsection 4, paragraph 2 “b” . However, if If a county ordinance provides a penalty 3 for a violation which is also penalized under state law, the 4 fines and forfeited bail collected for the violation shall be 5 submitted to the state court administrator distributed pursuant 6 to subsection 4, paragraph “b” . 7 4. a. The Except as provided in paragraph “b” , the clerk of 8 the district court shall submit all other fines, fees, costs, 9 and forfeited bail received from a magistrate to the state 10 court administrator. 11 b. The fine amount for a violation that occurred within the 12 boundaries of the county shall be distributed as follows: 13 (1) Ninety-one percent to the state court administrator. 14 (2) Nine percent to the county treasurer for deposit in the 15 county general fund where the violation occurred. 16 Sec. 8. Section 602.8107, subsection 1, paragraph b, Code 17 2020, is amended to read as follows: 18 b. (1) “Installment agreement” means an agreement made for 19 the payment of court debt in excess of one hundred dollars in 20 installments. 21 (2) The judicial branch may establish a threshold 22 amount that is lower than the threshold amount specified in 23 subparagraph (1) by court rule. 24 Sec. 9. Section 602.8107, subsection 2, paragraph c, 25 subparagraph (2), Code 2020, is amended to read as follows: 26 (2) Fines or penalties and criminal penalty and law 27 enforcement initiative surcharges the crime services surcharge . 28 Sec. 10. Section 602.8107, subsection 4, paragraph a, Code 29 2020, is amended to read as follows: 30 a. This subsection does not apply to amounts collected 31 for victim restitution, the victim compensation fund, the 32 criminal penalty crime services surcharge, sex offender civil 33 penalty, drug abuse resistance education surcharge, the law 34 enforcement initiative surcharge, county enforcement surcharge, 35 -3- SF457.4499.H (1) 88 md 3/ 61
agricultural theft surcharge, amounts collected as a result 1 of procedures initiated under subsection 5 or under section 2 8A.504 , or fees charged pursuant to section 356.7 . 3 Sec. 11. Section 602.8108, subsections 3 and 7, Code 2020, 4 are amended to read as follows: 5 3. The clerk of the district court shall remit to the state 6 court administrator, not later than the fifteenth day of each 7 month, ninety-five percent of all moneys collected from the 8 criminal penalty surcharge provided in section 911.1 during the 9 preceding calendar month. The clerk shall remit the remainder 10 to the county treasurer of the county that was the plaintiff 11 in the action or to the city that was the plaintiff in the 12 action. Of the amount received from the clerk, the state 13 court administrator shall allocate seventeen and deposit each 14 month forty-six percent in the juvenile detention home fund 15 in section 232.142, thirty-two percent to be deposited in the 16 victim compensation fund established in section 915.94 , and 17 eighty-three percent to be deposited in the general fund twenty 18 percent in the criminalistics laboratory fund established in 19 section 691.9, and two percent in the drug abuse resistance 20 education fund established in section 80E.4 . 21 7. The clerk of the district court shall remit all moneys 22 collected from the assessment of the surcharges surcharge 23 provided in sections section 911.2B and 911.2C to the state 24 court administrator for deposit in the address confidentiality 25 program revolving fund created in section 9.8 . 26 Sec. 12. Section 602.8108, subsection 4, Code 2020, is 27 amended by striking the subsection and inserting in lieu 28 thereof the following: 29 4. The clerk of the district court shall remit to the 30 state court administrator, not later than the fifteenth day of 31 each month, ninety-one percent of all moneys collected from 32 county enforcement as provided section 602.8106, subsection 4, 33 paragraph “b” , subparagraph (1), during the preceding calendar 34 month. Of the amount received from the clerk, the state court 35 -4- SF457.4499.H (1) 88 md 4/ 61
administrator shall allocate and deposit one and three-tenths 1 percent in the emergency medical services fund in section 2 135.25, and shall allocate and deposit the remainder in the 3 general fund of the state. 4 Sec. 13. Section 602.8108, subsections 5 and 8, Code 2020, 5 are amended by striking the subsections. 6 Sec. 14. Section 602.8108, Code 2020, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 13. The clerk of the district court 9 shall remit all moneys collected from the agricultural 10 theft surcharge provided in section 911.5 to the state court 11 administrator no later than the fifteenth day of each month 12 for deposit in the general fund of the state, and the amount 13 deposited is appropriated to the department of agriculture and 14 land stewardship to support the Iowa emergency food purchase 15 program fund established in section 190B.201. 16 Sec. 15. Section 805.8, subsection 1, Code 2020, is amended 17 to read as follows: 18 1. Application. Except as otherwise indicated, violations 19 of sections of the Code specified in sections 805.8A , 805.8B , 20 and 805.8C are scheduled violations, and the scheduled fine 21 for each of those violations is as provided in those sections, 22 whether the violation is of state law or of a county or city 23 ordinance. The criminal penalty crime services surcharge 24 required by section 911.1 and the county enforcement surcharge 25 required by section 911.4 , if applicable, shall be added to the 26 scheduled fine. 27 Sec. 16. Section 902.9, subsection 2, Code 2020, is amended 28 to read as follows: 29 2. The surcharges required by sections 911.1 , 911.2 , 911.2A , 30 and 911.3 911.5 shall be added to a fine imposed on a class “C” 31 or class “D” felon, as provided by those sections, and are not 32 a part of or subject to the maximums set in this section . 33 Sec. 17. Section 903.1, subsection 4, Code 2020, is amended 34 to read as follows: 35 -5- SF457.4499.H (1) 88 md 5/ 61
4. The surcharges required by sections 911.1 , 911.2 , 911.2A , 1 911.3 , and 911.4 and 911.5 shall be added to a fine imposed on a 2 misdemeanant as provided in those sections, and are not a part 3 of or subject to the maximums set in this section . 4 Sec. 18. Section 911.1, Code 2020, is amended to read as 5 follows: 6 911.1 Criminal penalty Crime services surcharge. 7 1. A criminal penalty crime services surcharge shall be 8 levied against law violators as provided in this section . 9 When a court imposes a fine or forfeiture for a violation of 10 state law, or a city or county ordinance, except an ordinance 11 regulating the parking of motor vehicles, the court or the 12 clerk of the district court shall assess an additional penalty 13 in the form of a criminal penalty crime services surcharge 14 equal to thirty-five fifteen percent of the fine or forfeiture 15 imposed. 16 2. In the event of multiple offenses, the surcharge shall 17 be based upon the total amount of fines or forfeitures imposed 18 for all offenses. 19 3. When a fine or forfeiture is suspended in whole or in 20 part, the court shall reduce the surcharge in proportion to the 21 amount suspended. 22 4. The surcharge is subject to the provisions of chapter 23 909 governing the payment and collection of fines, as provided 24 in section 909.8 . 25 5. The surcharge shall be remitted by the clerk of court as 26 provided in section 602.8108, subsection 3 . 27 Sec. 19. Section 911.2A, subsection 1, Code 2020, is amended 28 to read as follows: 29 1. In addition to any other surcharge, the court or clerk 30 of the district court shall assess a human trafficking victim 31 surcharge of one thousand dollars if an adjudication of 32 guilt or a deferred judgment has been entered for a criminal 33 violation of section 725.1, subsection 2 , or section 710A.2 , 34 725.2 , or 725.3 . 35 -6- SF457.4499.H (1) 88 md 6/ 61
Sec. 20. Section 911.2B, Code 2020, is amended to read as 1 follows: 2 911.2B Domestic abuse assault, or sexual abuse , stalking, and 3 human trafficking victim related crimes surcharge. 4 1. In addition to any other surcharge, the court or clerk 5 of the district court shall assess a domestic abuse assault, 6 domestic abuse protective order contempt, sexual abuse, 7 stalking, and human trafficking victim surcharge of one hundred 8 ninety dollars if an adjudication of guilt or a deferred 9 judgment has been entered for a violation of section 708.2A , 10 708.11 , or 710A.2 , or chapter 709 , or if a defendant is held 11 in contempt of court for violating a domestic abuse protective 12 order issued pursuant to chapter 236 . 13 2. In the event of multiple offenses, the surcharge shall be 14 imposed for each applicable offense. 15 3. The surcharge shall be remitted by the clerk of court as 16 provided in section 602.8108, subsection 7 . 17 Sec. 21. NEW SECTION . 911.5 Agricultural theft surcharge. 18 1. In addition to any other surcharge, the court or clerk of 19 the district court shall assess an agricultural theft surcharge 20 equal to five hundred dollars, if an adjudication of guilt or 21 a deferred judgment has been entered for a criminal violation 22 involving any of the following: 23 a. Theft of agricultural property under section 714.2, 24 subsection 1, 2, or 3. 25 b. Criminal mischief under section 716.3, 716.4, or 716.5, 26 by damaging, defacing, altering, or destroying agricultural 27 property. 28 2. As used in this section, agricultural property means any 29 of the following: 30 a. A crop as defined in section 717A.1. 31 b. Livestock as defined in section 717.1. 32 c. (1) A colony or package as defined in section 160.1A, 33 or a hive where bees are kept as described in section 160.5, 34 if the department of agriculture and land stewardship is 35 -7- SF457.4499.H (1) 88 md 7/ 61
authorized by that chapter to inspect the colony, package, or 1 hive or to regulate the movement of the colony, package, or 2 hive. 3 (2) A queen bee that is part of a colony or is being moved 4 to be part of a colony as described in subparagraph (1). 5 3. The surcharge shall be remitted by the clerk of the 6 district court as provided in section 602.8108, subsection 13. 7 Sec. 22. REPEAL. Sections 911.2, 911.2C, 911.3, and 911.4, 8 Code 2020, are repealed. 9 DIVISION II 10 COURT FUNDS 11 Sec. 23. Section 602.1302, subsection 1, Code 2020, is 12 amended to read as follows: 13 1. Except as otherwise provided by sections 602.1303 , 14 602.1304 , and 602.8108 or other applicable law, the expenses of 15 operating and maintaining the judicial branch shall be paid out 16 of the general fund of the state from funds appropriated by the 17 general assembly for the judicial branch. State funding shall 18 be phased in as provided in section 602.11101 . 19 Sec. 24. Section 602.1304, subsection 1, Code 2020, is 20 amended to read as follows: 21 1. Except as provided in article 8 and subsection 2 of this 22 section , all fees and other revenues collected by judicial 23 officers and court employees shall be paid into the general 24 fund of the state. 25 Sec. 25. Section 602.1304, subsection 2, Code 2020, is 26 amended by striking the subsection. 27 Sec. 26. Section 602.8108, subsection 9, Code 2020, is 28 amended by striking the subsection and inserting in lieu 29 thereof the following: 30 9. a. A court technology and modernization fund is 31 established as a separate fund in the state treasury. The 32 state court administrator shall allocate seven million dollars 33 of the moneys received under subsection 2 to be deposited in 34 the fund, which shall be administered by the judicial branch. 35 -8- SF457.4499.H (1) 88 md 8/ 61
b. The moneys in the fund shall be used to enhance the 1 ability of the judicial branch to process cases more quickly 2 and efficiently, to electronically transmit information to 3 state government, local governments, law enforcement agencies, 4 and the public, and to improve public access to the court 5 system. The moneys in the collection fund may also be used for 6 any the following: 7 (1) The Iowa court information system. 8 (2) Records management, equipment, services, and projects. 9 (3) Other technological improvements approved by the 10 judicial branch. 11 (4) Electronic legal research equipment, systems, and 12 projects. 13 (5) The study, development, and implementation of other 14 innovations and projects that would improve the administration 15 of justice. 16 (6) Capital improvements necessitated by the installation 17 of or connection with the Iowa court information system, the 18 Iowa communications network, or other like networks. 19 c. The fund shall be separate from the general fund of 20 the state and the balance in the fund shall not be considered 21 part of the balance of the general fund of the state. 22 Notwithstanding section 8.33, moneys in the fund shall not 23 revert to the general fund. Notwithstanding section 12C.7, 24 subsection 2, interest or earnings on moneys in the court 25 technology and modernization fund shall remain in the court 26 technology and modernization fund and any interest and earnings 27 shall be in addition to the maximum annual deposit amount. 28 Sec. 27. TRANSFER OF REMAINING FUNDS. Any unobligated 29 or unencumbered moneys remaining in the enhanced court 30 collections fund in section 602.1304 at the end of the fiscal 31 year beginning July 1, 2019, and ending June 30, 2020, shall be 32 transferred to the court technology and modernization fund. 33 DIVISION III 34 CIVIL FEES AND COURT COSTS 35 -9- SF457.4499.H (1) 88 md 9/ 61
Sec. 28. Section 602.8105, subsections 1 and 2, Code 2020, 1 are amended to read as follows: 2 1. The clerk of the district court shall collect the 3 following fees: 4 a. Except as otherwise provided in this subsection , for 5 filing and docketing a petition, one hundred eighty-five 6 ninety-five dollars. In counties having a population of 7 ninety-eight thousand or over, an additional five dollars shall 8 be charged and collected to be known as the journal publication 9 fee and used for the purposes provided for in section 618.13 . 10 0b. For filing and docketing a petition for dissolution 11 of marriage, which includes the docketing of any dissolution 12 decree, two hundred sixty-five dollars. It is the intent of 13 the general assembly that twenty percent of the funds generated 14 from these fees be appropriated and used for sexual assault 15 and domestic violence centers and eighty percent of the funds 16 generated from these fees be appropriated to the general fund 17 of the state. 18 b. For filing and docketing a petition pursuant to chapter 19 598 other than a dissolution of marriage petition, one hundred 20 ten dollars. 21 c. For filing and docketing an application for modification 22 of a dissolution decree to which a written stipulation is 23 attached at the time of filing containing the agreement of the 24 parties to the terms of modification, one hundred ten dollars. 25 d. For entering a final decree of dissolution of marriage, 26 fifty dollars. It is the intent of the general assembly that 27 the funds generated from the dissolution fees be appropriated 28 and used for sexual assault and domestic violence centers. 29 e. d. For filing and docketing a petition for adoption 30 pursuant to chapter 600 , one hundred zero dollars. For 31 multiple adoption petitions filed at the same time by the same 32 petitioner under section 600.3 , the filing fee and any court 33 costs for any petition filed in addition to the first petition 34 filed are waived. 35 -10- SF457.4499.H (1) 88 md 10/ 61
f. e. For filing and docketing a small claims action, the 1 amounts specified in section 631.6 . 2 g. f. For an appeal from a judgment in small claims or for 3 filing and docketing a writ of error, one hundred eighty-five 4 ninety-five dollars. 5 h. g. For a motion to show cause in a civil case, fifty 6 sixty dollars. 7 i. h. For filing and docketing a transcript of the judgment 8 in a civil case, fifty sixty dollars. 9 j. i. For filing a tribal judgment, one hundred ten 10 dollars. 11 2. The clerk of the district court shall collect the 12 following fees for miscellaneous services: 13 a. For filing and entering any other statutory lien, fifty 14 sixty dollars. 15 b. For a certificate and seal, twenty thirty dollars. 16 However, there shall be no charge for a certificate and seal to 17 an application to procure a pension, bounty, or back pay for a 18 member of the armed services or other person. 19 c. For certifying a change in title of real estate, fifty 20 sixty dollars. 21 d. For filing a praecipe to issue execution under chapter 22 626 , twenty-five thirty-five dollars. The fee shall be 23 recoverable by the creditor from the debtor against whom the 24 execution is issued. A fee payable by a political subdivision 25 of the state under this paragraph shall be collected by the 26 clerk of the district court as provided in section 602.8109 . 27 However, the fee shall be waived and shall not be collected 28 from a political subdivision of the state if a county attorney 29 or county attorney’s designee is collecting a delinquent 30 judgment pursuant to section 602.8107, subsection 4 . 31 e. For filing a praecipe to issue execution under chapter 32 654 , fifty sixty dollars. 33 f. For filing a confession of judgment under chapter 676 , 34 fifty sixty dollars if the judgment is five thousand dollars or 35 -11- SF457.4499.H (1) 88 md 11/ 61
less, and one hundred ten dollars if the judgment exceeds five 1 thousand dollars. 2 g. For filing a lis pendens, fifty sixty dollars. 3 h. For applicable convictions under section 692A.110 prior 4 to July 1, 2009, a civil penalty of two hundred ten dollars, 5 and for applicable convictions under section 692A.110 on or 6 after July 1, 2009, a civil penalty of two hundred fifty sixty 7 dollars. 8 i. Other fees provided by law. 9 Sec. 29. Section 602.8106, subsection 1, paragraph d, Code 10 2020, is amended to read as follows: 11 d. For court costs in scheduled violation cases where a 12 court appearance is required, sixty fifty-five dollars. 13 Sec. 30. Section 631.6, subsection 1, paragraphs a and c, 14 Code 2020, are amended to read as follows: 15 a. Fees for filing and docketing shall be eighty-five 16 ninety-five dollars. 17 c. Postage charged for the mailing of original notice shall 18 be ten twenty dollars. 19 DIVISION IV 20 SCHEDULED VIOLATIONS 21 Sec. 31. Section 321.24, subsection 12, Code 2020, is 22 amended to read as follows: 23 12. A person who violates this section commits a simple 24 misdemeanor punishable as a scheduled violation under section 25 805.8A, subsection 2, paragraph “b” . 26 Sec. 32. Section 321.260, subsection 2, Code 2020, is 27 amended to read as follows: 28 2. It shall be unlawful for any person to have in the 29 person’s possession any official traffic-control device 30 except by legal right or authority. Any person convicted 31 of unauthorized possession of any official traffic-control 32 device shall upon conviction be guilty of a simple misdemeanor 33 punishable as a scheduled violation under section 805.8A, 34 subsection 8, paragraph “c” . In addition to any other 35 -12- SF457.4499.H (1) 88 md 12/ 61
penalties, the punishment imposed for a violation of this 1 subsection shall include assessment of a fine of not less than 2 two hundred fifty dollars. 3 Sec. 33. Section 321.262, subsection 2, Code 2020, is 4 amended to read as follows: 5 2. The driver shall remain at the scene of the accident 6 until the driver has fulfilled the requirements of section 7 321.263 . Any person failing to remain at the scene of the 8 accident or fulfill the requirements of section 321.263 under 9 such circumstances shall be guilty of a simple misdemeanor 10 and punished as provided in section 321.482 punishable as 11 a scheduled violation under section 805.8A, subsection 14, 12 paragraph “m” . 13 Sec. 34. Section 321.264, Code 2020, is amended to read as 14 follows: 15 321.264 Striking unattended vehicle. 16 The driver of any vehicle which collides with any vehicle 17 which is unattended shall immediately stop and shall then and 18 there either locate and notify the operator or owner of such 19 vehicle of the name and address of the driver and owner of the 20 vehicle striking the unattended vehicle or shall leave in a 21 conspicuous place in the vehicle struck a written notice giving 22 the name and address of the driver and of the owner of the 23 vehicle doing the striking and a statement of the circumstances 24 thereof. A person who violates this section commits a simple 25 misdemeanor punishable as a scheduled violation under section 26 805.8A, subsection 14, paragraph “n” . 27 Sec. 35. Section 321.265, Code 2020, is amended to read as 28 follows: 29 321.265 Striking fixtures upon a highway. 30 The driver of a vehicle involved in an accident resulting 31 in damage to property legally upon or adjacent to a highway 32 shall take reasonable steps to locate and notify the owner, 33 a peace officer, or person in charge of the damaged property 34 of the damage and shall inform the person of the driver’s name 35 -13- SF457.4499.H (1) 88 md 13/ 61
and address and the registration number of the vehicle causing 1 the damage and shall, upon request and if available, exhibit 2 the driver’s license of the driver of the vehicle and shall 3 report the accident when and as required in section 321.266 . A 4 person who violates this section commits a simple misdemeanor 5 punishable as a scheduled violation under section 805.8A, 6 subsection 14, paragraph “o” . 7 Sec. 36. Section 321.324A, Code 2020, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 4. A person who violates this section 10 commits a simple misdemeanor punishable as a scheduled 11 violation under section 805.8A, subsection 6, paragraph “0s” . 12 Sec. 37. Section 321.371, subsection 2, Code 2020, is 13 amended to read as follows: 14 2. A person who violates this section commits a simple 15 misdemeanor punishable as a scheduled violation under section 16 805.8A, subsection 14, paragraph “p” . 17 Sec. 38. Section 321.372, subsection 5, paragraph b, 18 subparagraph (1), Code 2020, is amended to read as follows: 19 (1) For a first offense under subsection 3 , the person is 20 guilty of a simple misdemeanor punishable by a fine of at least 21 two hundred fifty three hundred forty-five dollars but not more 22 than six hundred seventy-five nine hundred thirty dollars or 23 by imprisonment for not more than thirty days, or by both. The 24 department may require the person to attend and successfully 25 complete, at the person’s own expense, a driver improvement 26 program approved by the department in lieu of driver’s license 27 suspension for the offense pursuant to section 321.210. 28 Sec. 39. Section 321.383, subsection 4, Code 2020, is 29 amended to read as follows: 30 4. Any Except as provided in subsection 5, any person 31 who violates any provision of this section shall be fined as 32 provided in commits a simple misdemeanor punishable as a 33 scheduled violation under section 805.8A, subsection 3 . 34 Sec. 40. Section 321.383, Code 2020, is amended by adding 35 -14- SF457.4499.H (1) 88 md 14/ 61
the following new subsection: 1 NEW SUBSECTION . 5. A person who operates a self-propelled 2 implement of husbandry at a speed which exceeds the limit 3 of thirty-five miles per hour commits a simple misdemeanor 4 punishable as a scheduled violation under section 805.8A, 5 subsection 5. 6 Sec. 41. Section 321.431, subsection 6, Code 2020, is 7 amended to read as follows: 8 6. A person who violates this section commits a simple 9 misdemeanor punishable as a scheduled violation under section 10 805.8A, subsection 3, paragraph “ad” . 11 Sec. 42. Section 805.8A, Code 2020, is amended to read as 12 follows: 13 805.8A Motor vehicle and transportation scheduled violations. 14 1. Parking violations. 15 a. For parking violations under sections 321.236 , 321.239 , 16 321.358 , 321.360 , and 321.361 , the scheduled fine is five 17 dollars, except if the local authority has established the 18 fine by ordinance. The scheduled fine for a parking violation 19 pursuant to section 321.236 increases by five dollars if 20 authorized by ordinance and if the parking violation is not 21 paid within thirty days of the date upon which the violation 22 occurred. For purposes of calculating the unsecured appearance 23 bond required under section 805.6 , the scheduled fine shall 24 be five dollars, or if the amount of the fine is greater than 25 five dollars, the unsecured appearance bond shall be the amount 26 of the fine established by the local authority. However, 27 violations charged by a city or county upon simple notice of a 28 fine instead of a uniform citation and complaint required by 29 section 321.236, subsection 1 , paragraph “b” , are not scheduled 30 violations, and this section shall not apply to any offense 31 charged in that manner. For a parking violation under section 32 461A.38 , the scheduled fine is ten dollars. For a parking 33 violation under section 321.362 , the scheduled fine is twenty 34 dollars. 35 -15- SF457.4499.H (1) 88 md 15/ 61
b. For a parking violation under section 321L.2A, subsection 1 2 , the scheduled fine is twenty dollars. 2 c. For violations under section 321L.2A, subsection 3 , 3 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 4 scheduled fine is two hundred dollars. 5 2. Title and registration violations. For title or 6 registration violations under the following sections, the 7 scheduled fine is as follows: 8 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 9 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . $135. 10 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $135 . 11 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 12 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 13 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 14 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 15 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 16 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $135 . 17 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $135 . 18 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $135 . 19 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $135 . 20 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $135 . 21 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 22 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $135 . 23 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $135 . 24 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $135 . 25 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 26 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $260 . 27 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $135 . 28 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 45 . 29 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 45 . 30 3. Equipment violations. For equipment violations under the 31 following sections, the scheduled fine is as follows: 32 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 33 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $135 . 34 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 35 -16- SF457.4499.H (1) 88 md 16/ 61 #2.
d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $135 . 1 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $135 . 2 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 3 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 45 . 4 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 5 i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 6 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 7 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 8 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 9 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 10 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 11 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 12 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 13 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 14 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 15 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 16 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 17 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 18 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 19 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 20 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 21 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 22 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 23 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 24 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 25 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $135 . 26 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . $135. 27 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 30 . 28 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 45 . 29 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 30 . 30 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 70 . 31 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 30 . 32 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 30 . 33 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 30 . 34 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 30 . 35 -17- SF457.4499.H (1) 88 md 17/ 61
al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 30 . 1 4. Driver’s license violations. For driver’s license 2 violations under the following sections, the scheduled fine is 3 as follows: 4 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 5 b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 6 c. Section 321.178, subsection 2 , 7 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 45 . 8 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 9 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 10 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 11 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 12 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 135 . 13 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 14 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 15 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 16 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 17 5. Speed violations. 18 a. For excessive speed violations in excess of the limit 19 under section 321.236, subsections 5 and 11 , sections section 20 321.285 , section 321.383, subsection 5, and section 461A.36 , the 21 scheduled fine shall be the following: 22 (1) Twenty thirty dollars for speed not more than five miles 23 per hour in excess of the limit. 24 (2) Forty fifty-five dollars for speed greater than five but 25 not more than ten miles per hour in excess of the limit. 26 (3) Eighty One hundred five dollars for speed greater than 27 ten but not more than fifteen miles per hour in excess of the 28 limit. 29 (4) Ninety One hundred twenty dollars for speed greater 30 than fifteen but not more than twenty miles per hour in excess 31 of the limit. 32 (5) One hundred thirty-five dollars plus five dollars for 33 each mile per hour of excessive speed over twenty miles per 34 hour over the limit. 35 -18- SF457.4499.H (1) 88 md 18/ 61
b. Excessive speed by a school bus is punishable as provided 1 in subsection 10 . 2 c. Excessive speed in conjunction with a violation of 3 section 321.278 is not a scheduled violation, whatever the 4 amount of excess speed. 5 d. For a violation under section 321.295 , the scheduled fine 6 is fifty seventy dollars. 7 6. Operating violations. For operating violations under the 8 following sections, the scheduled fine is as follows: 9 a. Section 321.236, subsections 3, 4, 9, 10 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 11 b. Section 321.275, subsections 1 12 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 13 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 14 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $135 . 15 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $135 . 16 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $135 . 17 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $135 . 18 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $135 . 19 i. Section 321.304, subsections 1 20 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $135 . 21 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $135 . 22 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $135 . 23 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $135 . 24 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $135 . 25 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $135 . 26 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 27 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 28 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 29 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $135 . 30 0s. Section 321.324A . . . . . . . . . . . . . . . . . . $135. 31 s. Section 321.340 . . . . . . . . . . . . . . . . . . . . $100 $135 . 32 t. Section 321.353 . . . . . . . . . . . . . . . . . . . . $100 $135 . 33 u. Section 321.354 . . . . . . . . . . . . . . . . . . . . $100 $135 . 34 v. Section 321.363 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 35 -19- SF457.4499.H (1) 88 md 19/ 61
w. Section 321.365 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 1 x. Section 321.366 . . . . . . . . . . . . . . . . . . . . $100 $135 . 2 y. Section 321.395 . . . . . . . . . . . . . . . . . . . . $100 $135 . 3 7. Failure to yield or obey violations. For failure to yield 4 or obey violations under the following sections, the scheduled 5 fine is as follows: 6 a. Section 321.257, subsection 2 , for a violation by an 7 operator of a motor vehicle . . . . . . . . . . . . . . . $100 $135 . 8 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $135 . 9 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $135 . 10 d. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $135 . 11 e. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $135 . 12 f. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $135 . 13 g. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $135 . 14 h. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $135 . 15 i. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $135 . 16 j. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $135 . 17 8. Traffic sign or signal violations. For traffic sign or 18 signal violations under the following sections, the scheduled 19 fine is as follows: 20 a. Section 321.236, subsections 2 and 6 . $ 35 $ 50 . 21 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $135 . 22 c. Section 321.260, subsection 2 . . . . . . . $455. 23 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $135 . 24 d. e. Section 321.304, subsection 3 . . . $100 $135 . 25 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $135 . 26 9. Bicycle or pedestrian violations. For bicycle or 27 pedestrian violations under the following sections, the 28 scheduled fine for a pedestrian or bicyclist is as follows: 29 a. Section 321.234, subsections 3 and 4 . $ 25 $ 35 . 30 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 25 . 31 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 35 . 32 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 35 . 33 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 34 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 35 -20- SF457.4499.H (1) 88 md 20/ 61
g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 1 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 2 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 3 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 4 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 5 9A. Electric personal assistive mobility device 6 violations. For violations under section 321.235A , the 7 scheduled fine is fifteen twenty-five dollars. 8 10. School bus violations. For violations by an operator of 9 a school bus under sections 321.285 and 321.372, subsections 1 10 and 2 , the scheduled fine is one hundred thirty-five dollars. 11 However, an excessive speed violation by a school bus of 12 more than ten miles per hour in excess of the limit is not a 13 scheduled violation. 14 11. a. Emergency vehicle and equipment-related 15 violations. For violations relating to authorized emergency 16 vehicles, fire apparatus and equipment, and police bicycles 17 under the following sections, the scheduled fine is as follows: 18 (1) Section 321.231 . . . . . . . . . . . . . . . . . . . $100 $135 . 19 (2) Section 321.323A, subsection 1 . . . . $100 $135 . 20 (3) Section 321.324 . . . . . . . . . . . . . . . . . . . $100 $135 . 21 (4) Section 321.367 . . . . . . . . . . . . . . . . . . . $100 $135 . 22 (5) Section 321.368 . . . . . . . . . . . . . . . . . . . $100 $135 . 23 b. Violations relating to stationary nonemergency vehicles. 24 For violations relating to the approach of certain stationary 25 nonemergency vehicles under section 321.323A, subsections 2 and 26 3 , the scheduled fine is one hundred thirty-five dollars. 27 12. Restrictions on vehicles. 28 a. For violations under sections 321.309 , 321.310 , 321.394 , 29 321.461 , and 321.462 , the scheduled fine is thirty-five fifty 30 dollars. 31 b. For violations under section 321.437 , the scheduled fine 32 is thirty-five fifty dollars. 33 c. For height, length, width, and load violations under 34 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 35 -21- SF457.4499.H (1) 88 md 21/ 61
scheduled fine is two hundred sixty dollars. 1 d. For violations under section 321.466 , the scheduled fine 2 is twenty twenty-five dollars for each two thousand pounds or 3 fraction thereof of overweight. 4 e. (1) Violations of the schedule of axle and tandem axle 5 and gross or group of axle weight violations in section 321.463 6 shall be scheduled violations subject to the provisions, 7 procedures, and exceptions contained in sections 805.6 through 8 805.11 , irrespective of the amount of the fine under that 9 schedule. 10 (a) Violations of the schedule of weight violations shall be 11 chargeable, where the fine charged does not exceed one thousand 12 dollars, only by uniform citation and complaint. 13 (b) Violations of the schedule of weight violations, where 14 the fine charged exceeds one thousand dollars shall, when the 15 violation is admitted and section 805.9 applies, be chargeable 16 upon uniform citation and complaint, indictment, or county 17 attorney’s information, but otherwise shall be chargeable only 18 upon indictment or county attorney’s information. 19 (2) In all cases of charges under the schedule of weight 20 violations, the charge shall specify the amount of fine charged 21 under the schedule. Where a defendant is convicted and the 22 fine under the foregoing schedule of weight violations exceeds 23 one thousand dollars, the conviction shall be of an indictable 24 offense although section 805.9 is employed and whether the 25 violation is charged upon uniform citation and complaint, 26 indictment, or county attorney’s information. 27 f. For a violation under section 321E.16 , other than the 28 provisions relating to weight, the scheduled fine is two 29 hundred sixty dollars. 30 13. Motor carrier and other operator violations. 31 a. (1) For a violation under section 321.54 , the scheduled 32 fine is thirty forty-five dollars. 33 (2) For violations under sections 326.22 and 326.23 , the 34 scheduled fine is fifty seventy dollars. 35 -22- SF457.4499.H (1) 88 md 22/ 61
b. For a violation under section 321.449 , 321.449A , or 1 321.449B , the scheduled fine is fifty seventy dollars. 2 c. For violations under sections 321.364 , 321.450 , 321.460 , 3 and 452A.52 , the scheduled fine is two hundred sixty dollars. 4 d. For violations of section 325A.3, subsection 6 , or 5 section 325A.8 , the scheduled fine is one hundred thirty-five 6 dollars. 7 e. For violations of chapter 325A , other than a violation of 8 section 325A.3, subsection 6 , or section 325A.8 , the scheduled 9 fine is two three hundred fifty twenty-five dollars. 10 f. For violations of section 327B.1, subsection 1 or 3 , the 11 scheduled fine is two three hundred fifty twenty-five dollars. 12 14. Miscellaneous violations. 13 a. Failure to obey a peace officer. For a violation under 14 section 321.229 , the scheduled fine is one hundred thirty-five 15 dollars. 16 b. Abandoning a motor vehicle. For a violation under 17 section 321.91 , the scheduled fine is two hundred sixty 18 dollars. 19 c. Seat belt or restraint violations. 20 (1) For a violation under section 321.445 , the scheduled 21 fine is fifty seventy dollars. 22 (2) For a violation under section 321.446 , the scheduled 23 fine is one hundred thirty-five dollars. 24 d. Litter and debris violations. For violations under 25 sections 321.369 and 321.370 , the scheduled fine is seventy 26 ninety dollars. 27 e. Open container violations. For violations under sections 28 321.284 and 321.284A , the scheduled fine is two hundred sixty 29 dollars. 30 f. Proof of financial responsibility. If, in connection 31 with a motor vehicle accident, a person is charged and found 32 guilty of a violation of section 321.20B, subsection 1 , 33 the scheduled fine is five six hundred forty-five dollars; 34 otherwise, the scheduled fine for a violation of section 35 -23- SF457.4499.H (1) 88 md 23/ 61
321.20B, subsection 1 , is two three hundred fifty twenty-five 1 dollars. Notwithstanding section 805.12 , fines collected 2 pursuant to this paragraph shall be submitted to the state 3 court administrator and distributed fifty percent to the victim 4 compensation fund established in section 915.94 , twenty-five 5 percent to the county in which such fine is imposed, and 6 twenty-five percent to the general fund of the state. 7 g. Speed detection jamming devices. For a violation under 8 section 321.232 , the scheduled fine is one hundred thirty-five 9 dollars. 10 h. Railroad crossing violations. For violations under 11 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 12 the scheduled fine is two hundred sixty dollars. 13 i. Road work zone violations. The scheduled fine for any 14 moving traffic violation under chapter 321 , as provided in 15 this section , shall be doubled if the violation occurs within 16 any road work zone, as defined in section 321.1 . However, 17 notwithstanding subsection 5 , the scheduled fine for violating 18 the speed limit in a road work zone is as follows: 19 (1) One hundred fifty ninety-five dollars for speed not more 20 than ten miles per hour over the posted speed limit. 21 (2) Three hundred ninety dollars for speed greater than ten 22 but not more than twenty miles per hour over the posted speed 23 limit. 24 (3) Five Six hundred forty-five dollars for speed greater 25 than twenty but not more than twenty-five miles per hour over 26 the posted speed limit. 27 (4) One thousand two hundred eighty-five dollars for speed 28 greater than twenty-five miles per hour over the posted speed 29 limit. 30 j. Vehicle component parts records violations. For 31 violations under section 321.95 , the scheduled fine is fifty 32 seventy dollars. 33 k. Actions against a person on a bicycle. For violations 34 under section 321.281 , the scheduled fine is two three hundred 35 -24- SF457.4499.H (1) 88 md 24/ 61
fifty twenty-five dollars. 1 l. Writing, sending, or viewing an electronic message while 2 driving violations. For violations under section 321.276 , the 3 scheduled fine is thirty forty-five dollars. 4 m. Leaving scene of traffic accident. For violations under 5 section 321.262, the scheduled fine is one hundred thirty-five 6 dollars. 7 n. Striking unattended vehicle. For violations under 8 section 321.264, the scheduled fine is one hundred thirty-five 9 dollars. 10 o. Striking fixtures upon highway. For violations under 11 section 321.265, the scheduled fine is one hundred thirty-five 12 dollars. 13 p. Clearing up wrecks. For violations under section 14 321.371, the scheduled fine is thirty-five dollars. 15 Sec. 43. Section 805.8B, Code 2020, is amended to read as 16 follows: 17 805.8B Navigation, recreation, hunting, and fishing scheduled 18 violations. 19 1. Navigation violations. 20 a. For violations of registration, inspections, 21 identification, and record provisions under sections 462A.5 , 22 462A.35 , and 462A.37 , and for unused or improper or defective 23 lights and warning devices under section 462A.9, subsections 3, 24 4, 5, 9, and 10 , the scheduled fine is ten twenty dollars. 25 b. For violations of registration, identification, and 26 record provisions under sections 462A.4 and 462A.10 , and for 27 unused or improper or defective equipment under section 462A.9, 28 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 29 for operation violations under sections 462A.26 , 462A.31 , and 30 462A.33 , the scheduled fine is twenty thirty dollars. 31 c. For operating violations under sections 462A.12 , 462A.15, 32 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 33 is twenty-five thirty-five dollars. However, a violation of 34 section 462A.12, subsection 2 , is not a scheduled violation. 35 -25- SF457.4499.H (1) 88 md 25/ 61
d. For violations of use, location, and storage of vessels, 1 devices, and structures under sections 462A.27 , 462A.28 , and 2 462A.32 , the scheduled fine is fifteen twenty-five dollars. 3 e. For violations of all subdivision ordinances under 4 section 462A.17, subsection 2 , except those relating to 5 matters subject to regulation by authority of section 462A.31, 6 subsection 5 , the scheduled fine is the same as prescribed for 7 similar violations of state law. For violations of subdivision 8 ordinances for which there is no comparable state law, the 9 scheduled fine is ten twenty dollars. 10 2. Snowmobile violations. 11 a. For registration or user permit violations under section 12 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 13 fifty sixty-five dollars. 14 b. (1) For operating violations under section 321G.9 , the 15 scheduled fine is fifty seventy dollars. 16 (2) For operating violations under sections 321G.11 and 17 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 18 twenty thirty dollars. 19 (3) For operating violations under section 321G.13, 20 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 21 and section 321G.13, subsections 2 and 3 , the scheduled fine is 22 one hundred thirty-five dollars. 23 c. For improper or defective equipment under section 24 321G.12 , the scheduled fine is twenty thirty dollars. 25 d. For violations of section 321G.19 , the scheduled fine is 26 twenty thirty dollars. 27 e. For decal violations under section 321G.5 , the scheduled 28 fine is twenty thirty dollars. 29 f. For stop signal violations under section 321G.17 , the 30 scheduled fine is one hundred thirty-five dollars. 31 g. For violations of section 321G.20 and for education 32 certificate violations under section 321G.24, subsection 1 , the 33 scheduled fine is fifty seventy dollars. 34 h. For violations of section 321G.21 , the scheduled fine is 35 -26- SF457.4499.H (1) 88 md 26/ 61
one hundred thirty-five dollars. 1 2A. All-terrain vehicle violations. 2 a. For registration or user permit violations under section 3 321I.3, subsection 1 , the scheduled fine is fifty seventy 4 dollars. 5 b. (1) For operating violations under sections 321I.12 and 6 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 7 twenty thirty dollars. 8 (2) For operating violations under section 321I.10, 9 subsections 1 and 4 , the scheduled fine is fifty seventy 10 dollars. 11 (3) For operating violations under section 321I.14, 12 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 13 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 14 is one hundred thirty-five dollars. 15 c. For improper or defective equipment under section 16 321I.13 , the scheduled fine is twenty thirty dollars. 17 d. For violations of section 321I.20 , the scheduled fine is 18 twenty thirty dollars. 19 e. For decal violations under section 321I.6 , the scheduled 20 fine is twenty thirty dollars. 21 f. For stop signal violations under section 321I.18 , the 22 scheduled fine is one hundred thirty-five dollars. 23 g. For violations of section 321I.21 and for education 24 certificate violations under section 321I.26, subsection 1 , the 25 scheduled fine is fifty seventy dollars. 26 h. For violations of section 321I.22 , the scheduled fine is 27 one hundred thirty-five dollars. 28 3. Hunting and fishing violations. 29 a. For violations of section 484A.2 , the scheduled fine is 30 ten twenty dollars. 31 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 32 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 33 483A.27A , the scheduled fine is twenty thirty dollars. 34 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 35 -27- SF457.4499.H (1) 88 md 27/ 61
481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 1 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 2 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 3 scheduled fine is twenty-five thirty-five dollars. 4 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 5 481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 6 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 7 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 8 scheduled fine is fifty seventy dollars. 9 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 10 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 11 483A.42 , the scheduled fine is one hundred thirty-five dollars. 12 f. For violations of section 481A.38 relating to the taking, 13 pursuing, killing, trapping or ensnaring, buying, selling, 14 possessing, or transporting any game, protected nongame 15 animals, fur-bearing animals, or fur or skin of the animals, 16 mussels, frogs, or fish or part of them, the scheduled fines 17 are as follows: 18 (1) For deer or turkey, the scheduled fine is one hundred 19 thirty-five dollars. 20 (2) For protected nongame, the scheduled fine is one hundred 21 thirty-five dollars. 22 (3) For mussels, frogs, spawn, or fish, the scheduled fine 23 is twenty-five thirty-five dollars. 24 (4) For other game, the scheduled fine is fifty seventy 25 dollars. 26 (5) For fur-bearing animals, the scheduled fine is 27 seventy-five one hundred dollars. 28 g. For violations of section 481A.38 relating to an attempt 29 to take, pursue, kill, trap, buy, sell, possess, or transport 30 any game, protected nongame animals, fur-bearing animals, or 31 fur or skin of the animals, mussels, frogs, or fish or part of 32 them, the scheduled fines are as follows: 33 (1) For game or fur-bearing animals, the scheduled fine is 34 fifty seventy dollars. 35 -28- SF457.4499.H (1) 88 md 28/ 61
(2) For protected nongame, the scheduled fine is fifty 1 seventy dollars. 2 (3) For mussels, frogs, spawn, or fish, the scheduled fine 3 is ten twenty dollars. 4 h. For violations of section 481A.48 relating to 5 restrictions on game birds and animals, the scheduled fines are 6 as follows: 7 (1) For out-of-season, the scheduled fine is one hundred 8 thirty-five dollars. 9 (2) For over limit, the scheduled fine is one hundred 10 thirty-five dollars. 11 (3) For attempt to take, the scheduled fine is fifty seventy 12 dollars. 13 (4) For general waterfowl restrictions, the scheduled fine 14 is fifty seventy dollars. 15 (a) For no federal stamp, the scheduled fine is fifty 16 seventy dollars. 17 (b) For unplugged shotgun, the scheduled fine is ten twenty 18 dollars. 19 (c) For possession of other than steel shot, the scheduled 20 fine is twenty-five thirty-five dollars. 21 (d) For early or late shooting, the scheduled fine is 22 twenty-five thirty-five dollars. 23 (5) For possession of a prohibited pistol or revolver while 24 hunting deer, the scheduled fine is one hundred thirty-five 25 dollars. 26 (6) For possession of a prohibited rifle while hunting 27 deer, the scheduled fine is two three hundred fifty twenty-five 28 dollars. 29 i. For violations of section 481A.67 relating to general 30 violations of fishing laws, the scheduled fine is twenty-five 31 thirty-five dollars. 32 (1) For over limit catch, the scheduled fine is thirty 33 forty-five dollars. 34 (2) For under minimum length or weight, the scheduled fine 35 -29- SF457.4499.H (1) 88 md 29/ 61
is twenty thirty dollars. 1 (3) For out-of-season fishing, the scheduled fine is fifty 2 seventy dollars. 3 j. For violations of section 481A.73 relating to trotlines 4 and throwlines: 5 (1) For trotline or throwline violations in legal waters, 6 the scheduled fine is twenty-five thirty-five dollars. 7 (2) For trotline or throwline violations in illegal waters, 8 the scheduled fine is fifty seventy dollars. 9 k. For violations of section 481A.144, subsection 4 , or 10 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 11 (1) For general minnow violations, the scheduled fine is 12 twenty-five thirty-five dollars. 13 (2) For commercial purposes, the scheduled fine is fifty 14 seventy dollars. 15 l. For violations of section 481A.87 relating to the taking 16 or possessing of fur-bearing animals out of season: 17 (1) For red fox, gray fox, or mink, the scheduled fine is 18 one hundred thirty-five dollars. 19 (2) For all other furbearers, the scheduled fine is fifty 20 seventy dollars. 21 m. For violations of section 482.4 relating to gear tags: 22 (1) For commercial license violations, the scheduled fine 23 is one hundred thirty-five dollars. 24 (2) For no gear tags, the scheduled fine is twenty-five 25 thirty-five dollars. 26 n. For violations of section 482.11 , the scheduled fine is 27 one hundred thirty-five dollars. 28 o. For violations of rules adopted pursuant to section 29 483A.1 relating to licenses and permits, the scheduled fines 30 are as follows: 31 (1) For a license or permit costing ten dollars or less, the 32 scheduled fine is twenty thirty dollars. 33 (2) For a license or permit costing more than ten dollars 34 but not more than twenty dollars, the scheduled fine is thirty 35 -30- SF457.4499.H (1) 88 md 30/ 61
forty-five dollars. 1 (3) For a license or permit costing more than twenty dollars 2 but not more than forty dollars, the scheduled fine is fifty 3 seventy dollars. 4 (4) For a license or permit costing more than forty dollars 5 but not more than fifty dollars, the scheduled fine is seventy 6 ninety-five dollars. 7 (5) For a license or permit costing more than fifty dollars 8 but less than one hundred dollars, the scheduled fine is one 9 hundred thirty-five dollars. 10 (6) For a license or permit costing one hundred dollars or 11 more, the scheduled fine is two times the cost of the original 12 license or permit. 13 p. For violations of section 483A.26 relating to false 14 claims for licenses: 15 (1) For making a false claim for a license by a resident, 16 the scheduled fine is fifty seventy dollars. 17 (2) For making a false claim for a license by a nonresident, 18 the scheduled fine is one hundred thirty-five dollars. 19 q. For violations of section 483A.36 relating to the 20 conveyance of guns: 21 (1) For conveying an assembled, unloaded gun, the scheduled 22 fine is twenty-five thirty-five dollars. 23 (2) For conveying a loaded gun, the scheduled fine is fifty 24 seventy dollars. 25 4. Ginseng violations. For a violation of section 456A.24, 26 subsection 11 , the scheduled fine is one hundred thirty-five 27 dollars. 28 5. Aquatic invasive species violations. For violations 29 of section 456A.37, subsection 3 , the scheduled fine is as 30 follows: 31 a. For violations of section 456A.37, subsection 3 , 32 paragraph “a” , the scheduled fine is five six hundred forty-five 33 dollars. 34 b. For violations of section 456A.37, subsection 3 , 35 -31- SF457.4499.H (1) 88 md 31/ 61
paragraph “b” , the scheduled fine is seventy-five one hundred 1 dollars. 2 c. For repeat violations of section 456A.37, subsection 3 , 3 paragraph “a” or “b” , within the same twelve-month period, the 4 scheduled fine shall include an additional fine of five six 5 hundred forty-five dollars for each violation. 6 6. Misuse of parks and preserves. 7 a. For violations under sections 461A.39 , 461A.45 , and 8 461A.50 , the scheduled fine is ten twenty dollars. 9 b. For violations under sections 461A.40 , 461A.46 , and 10 461A.49 , the scheduled fine is fifteen twenty-five dollars. 11 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 12 the scheduled fine is fifty seventy dollars. 13 d. For violations of section 461A.48 , the scheduled fine is 14 twenty-five thirty-five dollars. 15 e. For violations under section 461A.43 , the scheduled fine 16 is thirty forty-five dollars. 17 Sec. 44. Section 805.8C, Code 2020, is amended to read as 18 follows: 19 805.8C Miscellaneous scheduled violations. 20 1. Energy emergency violations. For violations of an 21 executive order issued by the governor under the provisions of 22 section 473.8 , the scheduled fine is fifty seventy dollars. 23 2. Alcoholic beverage violations. For violations of section 24 123.49, subsection 2 , paragraph “h” , the scheduled fine for 25 a licensee or permittee is one thousand five nine hundred 26 twenty-five dollars, and the scheduled fine for a person who 27 is employed by a licensee or permittee is five six hundred 28 forty-five dollars. 29 3. Violations related to smoking, tobacco, tobacco products, 30 alternative nicotine products, vapor products, and cigarettes. 31 a. For violations described in section 142D.9, subsection 1 , 32 the scheduled fine is fifty dollars, and is a civil penalty, 33 and the criminal penalty crime services surcharge under section 34 911.1 shall not be added to the penalty, and the court costs 35 -32- SF457.4499.H (1) 88 md 32/ 61
pursuant to section 805.9, subsection 6 , shall not be imposed. 1 If the civil penalty assessed for a violation described in 2 section 142D.9, subsection 1 , is not paid in a timely manner, 3 a citation shall be issued for the violation in the manner 4 provided in section 804.1 . However, a person under age 5 eighteen shall not be detained in a secure facility for failure 6 to pay the civil penalty. The complainant shall not be charged 7 a filing fee. 8 b. For violations of section 453A.2, subsection 1 , by an 9 employee of a retailer, the scheduled fine is as follows: 10 (1) If the violation is a first offense, the scheduled fine 11 is one hundred thirty-five dollars. 12 (2) If the violation is a second offense, the scheduled fine 13 is two three hundred fifty twenty-five dollars. 14 (3) If the violation is a third or subsequent offense, the 15 scheduled fine is five six hundred forty-five dollars. 16 c. For violations of section 453A.2, subsection 2 , the 17 scheduled fine is as follows and is a civil penalty, and the 18 criminal penalty crime services surcharge under section 911.1 19 shall not be added to the penalty, and the court costs pursuant 20 to section 805.9, subsection 6 , shall not be imposed: 21 (1) If the violation is a first offense, the scheduled fine 22 is fifty seventy dollars. 23 (2) If the violation is a second offense, the scheduled fine 24 is one hundred thirty-five dollars. 25 (3) If the violation is a third or subsequent offense, the 26 scheduled fine is two three hundred fifty twenty-five dollars. 27 4. Electrical or mechanical amusement device violations. 28 a. For violations of legal age for operating an electrical 29 or mechanical amusement device required to be registered 30 as provided in section 99B.53 , pursuant to section 99B.57, 31 subsection 1 , the scheduled fine is two three hundred fifty 32 twenty-five dollars. Failure to pay the fine by a person 33 under the age of eighteen shall not result in the person being 34 detained in a secure facility. 35 -33- SF457.4499.H (1) 88 md 33/ 61
b. For first offense violations concerning electrical or 1 mechanical amusement devices as provided in section 99B.54, 2 subsection 2 , the scheduled fine is two three hundred fifty 3 twenty-five dollars. 4 5. Gambling violations. 5 a. For violations of legal age for gambling wagering under 6 section 99D.11, subsection 7 , section 99F.9, subsection 5 , 7 and section 725.19, subsection 1 , the scheduled fine is five 8 six hundred forty-five dollars. Failure to pay the fine by a 9 person under the age of eighteen shall not result in the person 10 being detained in a secure facility. 11 b. For legal age violations for entering or attempting 12 to enter a facility under section 99F.9, subsection 6 , the 13 scheduled fine is five six hundred forty-five dollars. Failure 14 to pay the fine by a person under the age of eighteen shall not 15 result in the person being detained in a secure facility. 16 6. Pseudoephedrine sales violations. For violations of 17 section 126.23A, subsection 1 , by an employee of a retailer, or 18 for violations of section 126.23A, subsection 2 , paragraph “a” , 19 by a purchaser, the scheduled fine is as follows: 20 a. If the violation is a first offense, the scheduled fine 21 is two hundred sixty dollars. 22 b. If the violation is a second offense, the scheduled fine 23 is two three hundred fifty twenty-five dollars. 24 c. If the violation is a third or subsequent offense, the 25 scheduled fine is five six hundred forty-five dollars. 26 7. Alcoholic beverage violations by persons eighteen, 27 nineteen, or twenty years of age. For first offense violations 28 of section 123.47, subsection 4 , the scheduled fine is two 29 hundred sixty dollars. 30 8. Unlicensed premises owner —— under eighteen years of age 31 consumption or possession. For first offense violations of 32 section 123.47, subsection 2 , the scheduled fine is two hundred 33 sixty dollars. 34 9. Notification violations. For violations of section 35 -34- SF457.4499.H (1) 88 md 34/ 61
229.22, subsection 6 , the scheduled fine is one thousand 1 dollars for a first violation and two thousand dollars for a 2 second or subsequent violation. The scheduled fine under this 3 subsection is a civil penalty, and the criminal penalty crime 4 services surcharge under section 911.1 shall not be added to 5 the penalty. 6 10. Scrap metal transaction violations. For violations 7 of section 714.27 , the scheduled fine is one hundred dollars 8 for a first violation, five hundred dollars for a second 9 violation within two years, and one thousand dollars for a 10 third or subsequent violation within two years. The scheduled 11 fine under this subsection is a civil penalty which shall 12 be deposited into the general fund of the county or city if 13 imposed by a designated officer or employee of a county or 14 city, or deposited in the general fund of the state if imposed 15 by a state agency, and the criminal penalty crime services 16 surcharge under section 911.1 shall not be added to the 17 penalty. 18 11. Trespassing violations. For trespasses punishable under 19 section 716.8, subsection 1 or 5 , the scheduled fine is two 20 hundred sixty dollars for a first violation, five six hundred 21 forty-five dollars for a second violation, and one thousand 22 two hundred eighty-five dollars for a third or subsequent 23 violation. 24 12. Internet fantasy sports contest violations. For 25 violations of legal age for entering an internet fantasy sports 26 contest under section 99E.7 , the scheduled fine is five hundred 27 dollars. Failure to pay the fine by a person under the age 28 of eighteen shall not result in the person being detained in 29 a secure facility. 30 DIVISION V 31 MISDEMEANOR AND FELONY FINES 32 Sec. 45. Section 902.9, subsection 1, paragraphs d and e, 33 Code 2020, are amended to read as follows: 34 d. A class “C” felon, not an habitual offender, shall be 35 -35- SF457.4499.H (1) 88 md 35/ 61
confined for no more than ten years, and in addition shall be 1 sentenced to a fine of at least one thousand three hundred 2 seventy dollars but not more than ten thirteen thousand six 3 hundred sixty dollars. 4 e. A class “D” felon, not an habitual offender, shall be 5 confined for no more than five years, and in addition shall 6 be sentenced to a fine of at least seven hundred fifty one 7 thousand twenty-five dollars but not more than seven ten 8 thousand five two hundred forty-five dollars. 9 Sec. 46. Section 903.1, subsections 1 and 2, Code 2020, are 10 amended to read as follows: 11 1. If a person eighteen years of age or older is convicted 12 of a simple or serious misdemeanor and a specific penalty is 13 not provided for or if a person under eighteen years of age 14 has been waived to adult court pursuant to section 232.45 on 15 a felony charge and is subsequently convicted of a simple, 16 serious, or aggravated misdemeanor, the court shall determine 17 the sentence, and shall fix the period of confinement or the 18 amount of fine, which fine shall not be suspended by the court, 19 within the following limits: 20 a. For a simple misdemeanor, there shall be a fine of at 21 least sixty-five one hundred five dollars but not to exceed six 22 eight hundred twenty-five fifty-five dollars. The court may 23 order imprisonment not to exceed thirty days in lieu of a fine 24 or in addition to a fine. 25 b. For a serious misdemeanor, there shall be a fine of at 26 least three four hundred fifteen thirty dollars but not to 27 exceed one two thousand eight five hundred seventy-five sixty 28 dollars. In addition, the court may also order imprisonment 29 not to exceed one year. 30 2. When a person is convicted of an aggravated misdemeanor, 31 and a specific penalty is not provided for, the maximum penalty 32 shall be imprisonment not to exceed two years. There shall be 33 a fine of at least six eight hundred twenty-five fifty-five 34 dollars but not to exceed six eight thousand two five hundred 35 -36- SF457.4499.H (1) 88 md 36/ 61
fifty forty dollars. When a judgment of conviction of an 1 aggravated misdemeanor is entered against any person and the 2 court imposes a sentence of confinement for a period of more 3 than one year the term shall be an indeterminate term. 4 DIVISION VI 5 CRIMINALISTICS LABORATORY FUND 6 Sec. 47. Section 691.9, Code 2020, is amended to read as 7 follows: 8 691.9 Criminalistics laboratory fund. 9 A criminalistics laboratory fund is created as a separate 10 fund in the state treasury under the control of the department 11 of public safety. The fund shall consist of appropriations 12 made to the fund and transfers of interest, moneys collected 13 from the crime services surcharge established in section 911.1, 14 and earnings. All moneys in the fund are appropriated to 15 the department of public safety for use by the department in 16 criminalistics laboratory equipment and supply purchasing, 17 maintenance, depreciation, and training , and payments of the 18 fees charged by the department of administrative services for 19 the criminalistics laboratory facility in Ankeny . Any balance 20 in the fund on June 30 of any fiscal year shall not revert to 21 any other fund of the state but shall remain available for the 22 purposes described in this section . 23 DIVISION VII 24 DRUG ABUSE RESISTANCE EDUCATION FUND 25 Sec. 48. NEW SECTION . 80E.4 Drug abuse resistance education 26 fund. 27 A drug abuse resistance education fund is created as a 28 separate fund in the state treasury under the control of the 29 governor’s office of drug control policy for use by the drug 30 abuse resistance education program and other programs with a 31 similar purpose. The fund shall consist of appropriations made 32 to the fund and transfers of interest, moneys collected from 33 the crime services surcharge established in section 911.1, 34 and earnings. All moneys in the fund are appropriated to the 35 -37- SF457.4499.H (1) 88 md 37/ 61
governor’s office of drug control policy. Notwithstanding 1 section 8.33, any balance in the fund on June 30 of any fiscal 2 year shall not revert to any other fund of the state but shall 3 remain available for the purposes described in this section. 4 DIVISION VIII 5 EMERGENCY MEDICAL SERVICES FUND 6 Sec. 49. Section 135.25, Code 2020, is amended to read as 7 follows: 8 135.25 Emergency medical services fund. 9 An emergency medical services fund is created in the state 10 treasury under the control of the department. The fund 11 includes, but is not limited to, amounts appropriated by the 12 general assembly, amounts transferred pursuant to section 13 602.8108, subsection 4, and other moneys available from 14 federal or private sources which are to be used for purposes 15 of this section . Funds remaining in the fund at the end of 16 each fiscal year shall not revert to the general fund of the 17 state but shall remain in the emergency medical services fund, 18 notwithstanding section 8.33 . The fund is established to 19 assist counties by matching, on a dollar-for-dollar basis, 20 moneys spent by a county for the acquisition of equipment for 21 the provision of emergency medical services and by providing 22 grants to counties for education and training in the delivery 23 of emergency medical services, as provided in this section and 24 section 422D.6 . A county seeking matching funds under this 25 section shall apply to the emergency medical services division 26 of the department. The department shall adopt rules concerning 27 the application and awarding process for the matching funds and 28 the criteria for the allocation of moneys in the fund if the 29 moneys are insufficient to meet the emergency medical services 30 needs of the counties. Moneys allocated by the department to a 31 county for emergency medical services purposes may be used for 32 equipment or training and education as determined by the board 33 of supervisors pursuant to section 422D.6 . 34 DIVISION IX 35 -38- SF457.4499.H (1) 88 md 38/ 61
FUNDING FOR JUVENILE DETENTION HOME FUND 1 Sec. 50. Section 232.142, subsection 6, Code 2020, is 2 amended to read as follows: 3 6. A juvenile detention home fund is created in the state 4 treasury under the authority of the department. The fund shall 5 consist of moneys deposited in the fund pursuant to sections 6 321.218A and 321A.32A section 602.8108 . The moneys in the fund 7 shall be used for the costs of the establishment, improvement, 8 operation, and maintenance of county or multicounty juvenile 9 detention homes in accordance with annual appropriations made 10 by the general assembly from the fund for these purposes. 11 Sec. 51. Section 321.210B, subsection 7, Code 2020, is 12 amended to read as follows: 13 7. a. A civil penalty assessed pursuant to section 14 321.218A, 321A.32A , or 321J.17 shall be added to the amount 15 owing under the installment agreement. 16 b. The clerk of the district court shall transmit to the 17 department, from the first moneys collected, an amount equal to 18 the amount of any civil penalty assessed pursuant to section 19 321.218A or 321A.32A and added to the installment agreement. 20 The department shall transmit the money received from the 21 clerk of the district court pursuant to this paragraph to the 22 treasurer of state for deposit in the juvenile detention home 23 fund created in section 232.142 . 24 c. b. The clerk of the district court shall transmit to the 25 department, from the first moneys collected, an amount equal to 26 the amount of any civil penalty assessed pursuant to section 27 321J.17 and added to the installment agreement. The department 28 shall transmit the money received from the clerk of the 29 district court pursuant to this paragraph to the treasurer of 30 state who shall deposit one-half of the money in the separate 31 fund established in section 915.94 and one-half of the money in 32 the general fund of the state. 33 Sec. 52. Section 321M.9, subsection 1, Code 2020, is amended 34 to read as follows: 35 -39- SF457.4499.H (1) 88 md 39/ 61
1. Fees to counties. Notwithstanding any other provision 1 in the Code to the contrary, the county treasurer of a county 2 authorized to issue driver’s licenses under this chapter shall 3 retain for deposit in the county general fund seven dollars of 4 fees received for each issuance or renewal of driver’s licenses 5 and nonoperator’s identification cards, but shall not retain 6 any moneys for the issuance of any persons with disabilities 7 identification devices. The five dollar processing fee charged 8 by a county treasurer for collection of a civil penalty under 9 section 321.218A, 321A.32A , or 321J.17 shall be retained for 10 deposit in the county general fund. The county treasurer 11 shall remit the balance of fees and all civil penalties to the 12 department. 13 Sec. 53. Section 331.557A, subsection 4, Code 2020, is 14 amended to read as follows: 15 4. Accept payment of the civil penalties penalty assessed 16 pursuant to sections 321.218A , 321A.32A , and section 321J.17 17 and remit the penalties penalty to the state department of 18 transportation. 19 Sec. 54. REPEAL. Sections 321.218A and 321A.32A, Code 2020, 20 are repealed. 21 DIVISION X 22 NONRESIDENT STATE PARK USER FEE PILOT PROGRAM 23 Sec. 55. Section 455A.14A, subsection 1, paragraph a, Code 24 2020, is amended to read as follows: 25 a. The department shall charge an entrance fee of five 26 dollars per vehicle for a if the vehicle is operated by a 27 nonresident of the state , which the nonresident operator shall 28 pay . 29 Sec. 56. Section 455A.14B, subsection 1, paragraph a, Code 30 2020, is amended to read as follows: 31 a. The department shall charge an entrance fee of five 32 dollars per vehicle for a if the vehicle is operated by a 33 nonresident of the state , which the nonresident operator shall 34 pay . 35 -40- SF457.4499.H (1) 88 md 40/ 61
Sec. 57. Section 805.8C, Code 2020, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 13. State park user fee violations. For 3 failure to pay the entrance fee by a nonresident operator of a 4 vehicle under section 455A.14A, subsection 1, paragraph “a” , 5 or under section 455A.14B, subsection 1, paragraph “a” , the 6 scheduled fine is fifteen dollars. 7 DIVISION XI 8 IOWA EMERGENCY FOOD PURCHASE PROGRAM FUND 9 Sec. 58. NEW SECTION . 190B.201 Iowa emergency food purchase 10 program fund. 11 1. An Iowa emergency food purchase program fund is 12 established in the state treasury and shall be administered 13 by the department of agriculture and land stewardship. The 14 fund shall consist of moneys appropriated to the fund pursuant 15 to section 602.8108, subsection 13, and any other moneys 16 appropriated to the fund. 17 2. The purpose of the fund is to relieve situations of 18 emergency experienced by families or individuals who reside in 19 this state, including low-income families and individuals and 20 unemployed families and individuals, by distributing food to 21 those persons, and the department may contract with an Iowa 22 food bank association to manage the program. 23 3. The Iowa food bank association managing the program 24 shall distribute food under the program to emergency feeding 25 organizations in this state. The Iowa food bank association 26 shall report to the department as required by the department. 27 4. “Iowa food bank association” means a private nonprofit 28 entity that meets all of the following requirements: 29 a. The association is organized under chapter 504. 30 b. The association qualifies under section 501(c)(3) of the 31 Internal Revenue Code as an organization exempt from federal 32 income tax under section 501(a) of the Internal Revenue Code. 33 c. The association’s members include food banks, or 34 affiliations of food banks, that together serve all counties 35 -41- SF457.4499.H (1) 88 md 41/ 61
in this state. 1 d. The association’s principal office is located in this 2 state. 3 5. Notwithstanding section 8.33, moneys in the fund 4 that remain unencumbered or unobligated at the close of 5 the fiscal year shall not revert but shall remain available 6 for expenditure for the purposes designated until two years 7 following the last day of the fiscal year in which the funds 8 were originally appropriated. 9 DIVISION XII 10 CIVIL CLAIMS FOR REIMBURSEMENT 11 Sec. 59. Section 331.659, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2020, is amended to read as 13 follows: 14 A Except for a civil claim for reimbursement under section 15 356.7, a sheriff or a deputy sheriff shall not: 16 Sec. 60. Section 356.7, subsection 2, paragraph i, Code 17 2020, is amended by striking the paragraph. 18 Sec. 61. Section 356.7, subsection 4, Code 2020, is amended 19 by striking the subsection and inserting in lieu thereof the 20 following: 21 4. A claim for reimbursement shall be filed in a separate 22 civil action rather than as a claim in the underlying criminal 23 case. 24 Sec. 62. Section 602.8102, Code 2020, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 105C. Apply payments made to a civil claim 27 for reimbursement judgment under section 356.7 to court debt, 28 as defined in section 602.8107, in the priority order set out 29 in section 602.8107, subsection 2, if the debtor has delinquent 30 court debt. 31 Sec. 63. Section 602.8105, subsection 1, Code 2020, is 32 amended by adding the following new paragraph: 33 NEW PARAGRAPH . k. For a civil claim for reimbursement under 34 section 356.7, zero dollars. 35 -42- SF457.4499.H (1) 88 md 42/ 61
Sec. 64. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION XIII 3 RESTITUTION 4 Sec. 65. Section 602.8107, subsection 1, paragraph a, Code 5 2020, is amended by striking the paragraph and inserting in 6 lieu thereof the following: 7 a. “Court debt” means all restitution, fees, and forfeited 8 bail. 9 Sec. 66. Section 602.8107, subsection 2, paragraphs b and c, 10 Code 2020, are amended to read as follows: 11 b. (1) If Except as provided in subparagraph (2), if a case 12 number is not identified, the clerk shall apply the payment to 13 the balance owed in the criminal case with the oldest judgment 14 against the person. 15 (2) The clerk shall apply payments to pecuniary damages 16 in other criminal cases when no case number is identified in 17 priority order from the oldest judgment to the most recent 18 judgment before applying payments to any other court debt. 19 c. Payments received under this section shall be applied in 20 the following priority order: 21 (1) Pecuniary damages as defined in section 910.1, 22 subsection 3 . 23 (2) Fines or penalties and criminal penalty and law 24 enforcement initiative surcharges. 25 (3) Crime victim compensation program reimbursement. 26 (4) Court costs , including correctional fees assessed 27 pursuant to sections 356.7 and 904.108 , court-appointed 28 attorney fees, or public defender expenses. 29 Sec. 67. Section 602.8107, subsection 4, paragraph a, Code 30 2020, is amended to read as follows: 31 a. This subsection does not apply to amounts collected for 32 victim restitution involving pecuniary damages , the victim 33 compensation fund, the criminal penalty surcharge, sex offender 34 civil penalty, drug abuse resistance education surcharge, 35 -43- SF457.4499.H (1) 88 md 43/ 61
the law enforcement initiative surcharge, county enforcement 1 surcharge, or amounts collected as a result of procedures 2 initiated under subsection 5 or under section 8A.504 , or fees 3 charged pursuant to section 356.7 . 4 Sec. 68. Section 909.3, subsection 1, Code 2020, is amended 5 to read as follows: 6 1. All Unless a plan of payment has been issued pursuant to 7 chapter 910, fines imposed by the court shall be paid on the 8 day the fine is imposed, and the person shall be instructed to 9 pay such fines with the office of the clerk of the district 10 court on the date of imposition. 11 Sec. 69. Section 910.1, Code 2020, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 01. “Category “A” restitution” means fines, 14 penalties, and surcharges. 15 NEW SUBSECTION . 001. “Category “B” restitution” means 16 the contribution of funds to a local anticrime organization 17 which provided assistance to law enforcement in an offender’s 18 case, the payment of crime victim compensation program 19 reimbursements, payment of restitution to public agencies 20 pursuant to section 321J.2, subsection 13, paragraph “b” , 21 court costs, court-appointed attorney fees ordered pursuant to 22 section 815.9, including the expense of a public defender, and 23 payment to the medical assistance program pursuant to chapter 24 249A for expenditures paid on behalf of the victim resulting 25 from the offender’s criminal activities including investigative 26 costs incurred by the Medicaid fraud control unit pursuant to 27 section 249A.50. 28 NEW SUBSECTION . 1A. “Financial affidavit” means a signed 29 affidavit under penalty of perjury that provides financial 30 information about the offender to enable the sentencing court 31 or the department of corrections to make a determination 32 regarding the ability of the offender to pay category “B” 33 restitution. “Financial affidavit” includes the offender’s 34 income, physical and mental health, age, education, employment, 35 -44- SF457.4499.H (1) 88 md 44/ 61
inheritance, other debts, other amounts of restitution owed, 1 family circumstances, and any assets subject to execution, 2 including but not limited to cash, accounts at financial 3 institutions, stocks, bonds, and any other property which may 4 be applied to the satisfaction of judgments. 5 NEW SUBSECTION . 3A. “Permanent restitution order” means an 6 enforceable restitution order entered either at the time of 7 sentencing or at a later date determined by the court. 8 NEW SUBSECTION . 3B. “Plan of payment” or “restitution plan 9 of payment” means a plan for paying restitution wherein the 10 defendant is ordered to pay a certain amount of money each 11 month to repay outstanding restitution. 12 NEW SUBSECTION . 3C. “Plan of restitution” means a permanent 13 restitution order, restitution plan of payment, any other 14 court order relating to restitution, or any combination of the 15 foregoing. 16 Sec. 70. Section 910.1, subsection 4, Code 2020, is amended 17 by striking the subsection and inserting in lieu thereof the 18 following: 19 4. “Restitution” means pecuniary damages, category “A” 20 restitution, and category “B” restitution. 21 Sec. 71. Section 910.2, Code 2020, is amended by striking 22 the section and inserting in lieu thereof the following: 23 910.2 Restitution or community service ordered by sentencing 24 court. 25 1. a. In all criminal cases in which there is a plea of 26 guilty, verdict of guilty, or special verdict upon which a 27 judgment of conviction is rendered, the sentencing court shall 28 order that pecuniary damages be paid by each offender to the 29 victims of the offender’s criminal activities, and that all 30 other restitution be paid to the clerk of court subject to the 31 following: 32 (1) Pecuniary damages and category “A” restitution shall be 33 ordered without regard to an offender’s reasonable ability to 34 make payments. 35 -45- SF457.4499.H (1) 88 md 45/ 61
(2) Category “B” restitution shall be ordered subject to 1 an offender’s reasonable ability to make payments pursuant to 2 section 910.2A. 3 b. Pecuniary damages shall be paid to victims in full before 4 category “A” and category “B” restitution are paid. 5 c. In structuring a plan of restitution, the plan of payment 6 shall provide for payments in the following order of priority: 7 (1) Pecuniary damages to the victim. 8 (2) Category “A” restitution. 9 (3) Category “B” restitution in the following order: 10 (a) Crime victim compensation program reimbursement. 11 (b) Public agencies. 12 (c) Court costs. 13 (d) Court-appointed attorney fees ordered pursuant to 14 section 815.9, including the expense of a public defender. 15 (e) Contribution to a local anticrime organization. 16 (f) The medical assistance program. 17 2. a. When the offender is not reasonably able to pay 18 all or a part of category “B” restitution, the court may 19 require the offender in lieu of that portion of category “B” 20 restitution for which the offender is not reasonably able to 21 pay, to perform a needed public service for a governmental 22 agency or for a private nonprofit agency which provides a 23 service to the youth, elderly, or poor of the community. 24 b. When community service is ordered, the court shall set 25 a specific number of hours of service to be performed by the 26 offender. When calculating the amount of community service to 27 be performed in lieu of payment of court-appointed attorney 28 fees, the court shall determine the approximate equivalent 29 value of the expenses of the public defender. The judicial 30 district department of correctional services shall provide for 31 the assignment of the offender to a public agency or private 32 nonprofit agency to perform the required service. 33 Sec. 72. NEW SECTION . 910.2A Reasonable ability to pay —— 34 category “B” restitution payments. 35 -46- SF457.4499.H (1) 88 md 46/ 61
1. An offender is presumed to have the reasonable ability 1 to make restitution payments for the full amount of category 2 “B” restitution. 3 2. If an offender requests that the court determine the 4 amount of category “B” restitution payments the offender is 5 reasonably able to make toward paying the full amount of such 6 restitution, the court shall hold a hearing and make such a 7 determination, subject to the following provisions: 8 a. To obtain relief at such a hearing, the offender must 9 affirmatively prove by a preponderance of the evidence that the 10 offender is unable to reasonably make payments toward the full 11 amount of category “B” restitution. 12 b. The offender must furnish the prosecuting attorney and 13 sentencing court with a completed financial affidavit. Failure 14 to furnish a completed financial affidavit waives any claim 15 regarding the offender’s reasonable ability to pay. 16 c. The prosecuting attorney, the attorney for the defendant, 17 and the court shall be permitted to question the offender 18 regarding the offender’s reasonable ability to pay. 19 d. Based on the evidence offered at the hearing, including 20 but not limited to the financial affidavit, the court shall 21 determine the amount of category “B” restitution the offender 22 is reasonably able to make payments toward, and order the 23 offender to make payments toward that amount. 24 3. a. If an offender does not make a request as provided in 25 subsection 2 at the time of sentencing or within thirty days 26 after the court issues a permanent restitution order, the court 27 shall order the offender to pay the full amount of category “B” 28 restitution. 29 b. An offender’s failure to request a determination 30 pursuant to this section waives all future claims regarding 31 the offender’s reasonable ability to pay, except as provided 32 by section 910.7. 33 4. If an offender requests that the court make a 34 determination pursuant to subsection 2, the offender’s 35 -47- SF457.4499.H (1) 88 md 47/ 61
financial affidavit shall be filed of record in all criminal 1 cases for which the offender owes restitution and the affidavit 2 shall be accessible by a prosecuting attorney or attorney for 3 the offender without court order or appearance. 4 5. A court that makes a determination under this section is 5 presumed to have properly exercised its discretion. A court is 6 not required to state its reasons for making a determination. 7 Sec. 73. NEW SECTION . 910.2B Conversion of existing 8 restitution orders. 9 1. All of the following, if entered by a district court 10 prior to the effective date of this Act, shall be converted to 11 permanent restitution orders: 12 a. A temporary restitution order. 13 b. A supplemental restitution order. 14 c. A restitution order that does not contain a determination 15 of the defendant’s reasonable ability to pay the restitution 16 ordered. 17 2. The only means by which a defendant may challenge the 18 conversion of a restitution order is through the filing of a 19 petition pursuant to section 910.7. 20 3. The provisions of this chapter, including but not limited 21 to the procedures in section 910.2A, shall apply to a challenge 22 to the conversion of an existing restitution order in the 23 district court and on appeal. 24 4. A challenge to the conversion of an existing restitution 25 order to a permanent restitution order shall be filed in the 26 district court no later than one year from the effective date 27 of this Act. 28 Sec. 74. Section 910.3, Code 2020, is amended to read as 29 follows: 30 910.3 Determination of amount of restitution. 31 1. The county prosecuting attorney shall prepare a 32 statement of pecuniary damages to victims of the defendant 33 and, if applicable, any award by the crime victim compensation 34 program and expenses incurred by public agencies pursuant to 35 -48- SF457.4499.H (1) 88 md 48/ 61
section 321J.2, subsection 13 , paragraph “b” , and shall provide 1 the statement to the presentence investigator or submit the 2 statement to the court at the time of sentencing. 3 2. The clerk of court shall prepare a statement of 4 court-appointed attorney fees ordered pursuant to section 5 815.9 , including the expense of a public defender , and court 6 costs including correctional fees claimed by a sheriff or 7 municipality pursuant to section 356.7 , which shall be provided 8 to the presentence investigator or submitted to the court at 9 the time of sentencing. 10 3. If these the statements in subsection 1 or 2 are provided 11 to the presentence investigator, they shall become a part of 12 the presentence report. 13 4. If pecuniary damage amounts are not available or are 14 incomplete at the time of sentencing, the county prosecuting 15 attorney shall provide a statement of pecuniary damages 16 incurred up to that time to the clerk of court. 17 5. The statement of pecuniary damages shall ordinarily be 18 provided no later than thirty days after sentencing. However, 19 a prosecuting attorney may file a statement of pecuniary 20 damages within a reasonable time after the prosecuting attorney 21 is notified by a victim of any pecuniary damages incurred. 22 6. If a defendant believes no person suffered pecuniary 23 damages, the defendant shall so state. 24 7. If the defendant has any mental or physical impairment 25 which would limit or prohibit the performance of a public 26 service, the defendant shall so state. The court may order a 27 mental or physical examination, or both, of the defendant to 28 determine a proper course of action. At the time of sentencing 29 or at a later date to be determined by the court, the 30 8. The court shall set out the enter a permanent restitution 31 order setting out the amount of restitution including the 32 amount of public service to be performed as restitution and 33 the persons to whom restitution must be paid. A permanent 34 restitution order entered at the time of sentencing is part of 35 -49- SF457.4499.H (1) 88 md 49/ 61
the final judgment of sentence as defined in section 814.6 and 1 shall be considered in a properly perfected appeal. 2 9. If the full amount of restitution cannot be determined 3 at the time of sentencing, the court shall issue a temporary 4 permanent restitution order determining a reasonable amount 5 for setting forth the amount of restitution identified up to 6 that time. At a later date as determined by the court, the 7 court shall issue a permanent, supplemental order, setting the 8 full amount of restitution. The court shall enter further 9 supplemental orders, if necessary. These court orders shall be 10 known as the plan of restitution. 11 10. A permanent restitution order may be superseded by 12 subsequent orders if additional or different restitution is 13 ordered. A permanent restitution order entered after the time 14 of sentencing shall only be challenged pursuant to section 15 910.7. 16 Sec. 75. Section 910.4, subsection 1, paragraph b, 17 subparagraphs (1) and (2), Code 2020, are amended to read as 18 follows: 19 (1) If the court extends the period of probation, the period 20 of probation shall not be for more than the maximum period of 21 probation for the offense committed except for an extension of 22 a period of probation as authorized in section 907.7 . After 23 discharge from probation or after the expiration of the period 24 of probation, as extended if applicable, the failure of an 25 offender to comply with the plan of restitution ordered by the 26 court shall constitute contempt of court. 27 (2) If an offender’s probation is revoked, the offender’s 28 assigned probation officer shall forward to the director of 29 the Iowa department of corrections , all known information 30 concerning the offender’s restitution plan, restitution plan of 31 payment, the restitution payment balance obligations, including 32 but not limited to the plan of restitution , and any other 33 pertinent information concerning or affecting restitution by 34 the offender. 35 -50- SF457.4499.H (1) 88 md 50/ 61
Sec. 76. Section 910.4, subsections 2 and 3, Code 2020, are 1 amended to read as follows: 2 2. When the offender is committed to a county jail, or to 3 an alternate facility, the office or individual charged with 4 supervision of the offender shall prepare a restitution plan 5 of payment taking into consideration the offender’s income, 6 physical and mental health, age, education, employment and 7 family circumstances and shall submit the plan to the court . 8 a. The office or individual charged with supervision of the 9 offender shall review the plan of restitution ordered by the 10 court, and shall submit a restitution plan of payment to the 11 sentencing court. 12 b. a. When community service is ordered by the court as 13 restitution, the restitution plan of payment shall set out a 14 plan to meet the requirement for the community service. 15 c. The court may approve or modify the plan of restitution 16 and restitution plan of payment. 17 d. b. When there is a significant change in the offender’s 18 income or circumstances, the office or individual which has 19 supervision of the restitution plan of payment shall submit a 20 modified restitution plan of payment to the court. 21 3. a. When there is a transfer of supervision from one 22 office or individual charged with supervision of the offender 23 to another, the sending office or individual shall forward to 24 the receiving office or individual all necessary information 25 regarding the balance owed against the original amount of 26 restitution ordered and the balance of public service required. 27 b. When If there has been a significant change in the 28 offender’s circumstances and or income have significantly 29 changed , the receiving office or individual shall submit a 30 new restitution plan of payment to the sentencing court for 31 approval or modification based on the considerations enumerated 32 in this section . 33 Sec. 77. Section 910.4, Code 2020, is amended by adding the 34 following new subsection: 35 -51- SF457.4499.H (1) 88 md 51/ 61
NEW SUBSECTION . 4. Notwithstanding any other provision 1 in this chapter, the plan of payment shall be based on all 2 information pertinent to the offender’s reasonable ability to 3 pay. The first monthly payment under such a plan shall be made 4 within thirty days of the approval of the plan. 5 Sec. 78. Section 910.6, Code 2020, is amended to read as 6 follows: 7 910.6 Payment plan —— copy to victims. 8 An office or individual preparing a restitution plan of 9 payment or modified restitution plan of payment , when it is 10 approved by the court if approval is required under section 11 910.4 , or when the plan is completed if court approval 12 under section 910.4 is not required, shall forward a copy to 13 the clerk of court in the county in which the offender was 14 sentenced. The clerk of court shall forward a copy of the 15 restitution plan of payment or modified plan of payment to the 16 victim or victims. 17 Sec. 79. Section 910.7, subsections 1 and 3, Code 2020, are 18 amended to read as follows: 19 1. At any time during the period of probation, parole, or 20 incarceration, the offender , the prosecuting attorney, or the 21 office or individual who prepared the offender’s restitution 22 plan may petition the court on any matter related to the plan 23 of restitution or restitution plan of payment and the court 24 shall grant a hearing if on the face of the petition it appears 25 that a hearing is warranted. 26 3. If a petition related to a plan of restitution has been 27 filed, the offender, the county prosecuting attorney, the 28 department of corrections if the offender is currently confined 29 in a correctional institution, the office or individual who 30 prepared the offender’s restitution plan, and the victim shall 31 receive notice prior to any hearing under this section . 32 Sec. 80. Section 910.7, Code 2020, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 4. An appellate court shall not review 35 -52- SF457.4499.H (1) 88 md 52/ 61
or modify an offender’s plan of restitution, restitution 1 plan of payment, or any other issue related to an offender’s 2 restitution under this subsection, unless the offender has 3 exhausted the offender’s remedies under this section and 4 obtained a ruling from the district court prior to the issue 5 being raised in the appellate courts. 6 NEW SUBSECTION . 5. Appellate review of a district court 7 ruling under this section shall be by writ of certiorari. 8 Sec. 81. Section 910.9, subsection 3, Code 2020, is amended 9 to read as follows: 10 3. Fines, penalties, and surcharges, crime victim 11 compensation program reimbursement, public agency restitution, 12 court costs including correctional fees claimed by a sheriff 13 or municipality pursuant to section 356.7 , and court-appointed 14 attorney fees ordered pursuant to section 815.9 , including the 15 expenses for public defenders, Category “A” restitution and 16 category “B” restitution shall not be withheld by the clerk of 17 court until all pecuniary damages to victims have been paid in 18 full. Payments to victims shall be made by the clerk of court 19 at least quarterly. Payments by a clerk of court shall be made 20 no later than the last business day of the quarter, but may be 21 made more often at the discretion of the clerk of court. The 22 clerk of court receiving final payment from an offender shall 23 notify all victims that full restitution has been made. Each 24 office or individual charged with supervising an offender who 25 is required to perform community service as full or partial 26 restitution shall keep records to assure compliance with the 27 portions of the plan of restitution and restitution plan of 28 payment relating to community service and, when the offender 29 has complied fully with the community service requirement, 30 notify the sentencing court. 31 Sec. 82. FINANCIAL AFFIDAVIT —— SUPREME COURT RULES. The 32 supreme court shall adopt rules prescribing the form and 33 content of the financial affidavit. 34 Sec. 83. EFFECTIVE DATE. This division of this Act, being 35 -53- SF457.4499.H (1) 88 md 53/ 61
deemed of immediate importance, takes effect upon enactment. 1 DIVISION XIV 2 COLLECTION OF COURT DEBT 3 Sec. 84. Section 321.40, subsection 10, Code 2020, is 4 amended to read as follows: 5 10. a. The clerk of the district court shall notify the 6 county treasurer of any delinquent court debt, as defined in 7 section 602.8107 , which is being collected by the private 8 collection designee department of revenue pursuant to section 9 602.8107, subsection 3 , or the county attorney pursuant to 10 section 602.8107, subsection 4 . The county treasurer shall 11 refuse to renew the vehicle registration of the applicant upon 12 such notification from the clerk of the district court in 13 regard to such applicant. 14 b. If the applicant enters into or renews an installment 15 agreement as defined in section 602.8107 , that is satisfactory 16 to the private collection designee department of revenue , the 17 county attorney, or the county attorney’s designee, the private 18 collection designee department of revenue , county attorney, or 19 a county attorney’s designee shall provide the county treasurer 20 with written or electronic notice of the installment agreement 21 within five days of entering into the installment agreement. 22 The county treasurer shall temporarily lift the registration 23 hold on an applicant for a period of ten days if the treasurer 24 receives such notice in order to allow the applicant to 25 register a vehicle for the year. If the applicant remains in 26 compliance with the installment agreement entered into with 27 the private collection designee department of revenue or the 28 county attorney or the county attorney’s designee, subsequent 29 lifts of registration holds shall be granted without additional 30 restrictions. 31 Sec. 85. Section 321.210A, subsection 2, Code 2020, is 32 amended to read as follows: 33 2. If after suspension, the person enters into an 34 installment agreement with the county attorney, the county 35 -54- SF457.4499.H (1) 88 md 54/ 61
attorney’s designee, or the private collection designee 1 department of revenue in accordance with section 321.210B to 2 pay the fine, penalty, court cost, or surcharge, the person’s 3 license shall be reinstated by the department upon receipt of a 4 report of an executed installment agreement. 5 Sec. 86. Section 321.210B, subsections 1, 3, 8, 9, 11, and 6 13, Code 2020, are amended to read as follows: 7 1. a. If a person’s fine, penalty, surcharge, or court 8 cost is deemed delinquent as provided in section 602.8107, 9 subsection 2 , and the person’s driver’s license has been 10 suspended pursuant to section 321.210A , or the clerk of the 11 district court has reported the delinquency to the department 12 as required by section 321.210A , the person may execute an 13 installment agreement as defined in section 602.8107 with 14 the county attorney, the county attorney’s designee, or the 15 private collection designee under contract with the judicial 16 branch pursuant to section 602.8107, subsection 5 department 17 of revenue , to pay the delinquent amount and the civil penalty 18 assessed in subsection 7 in installments. Prior to execution 19 of the installment agreement, the person shall provide the 20 county attorney, the county attorney’s designee, or the private 21 collection designee department of revenue with a financial 22 statement in order for the parties to the agreement to 23 determine the amount of the installment payments. 24 b. Cases involving court debt assigned to a county attorney, 25 a county attorney’s designee, or the private collection 26 designee department of revenue shall remain so assigned. 27 3. The county attorney, the county attorney’s designee, or 28 the private collection designee department of revenue shall 29 file or give notice of the installment agreement with the clerk 30 of the district court in the county where the fine, penalty, 31 surcharge, or court cost was imposed, within five days of 32 execution of the agreement. 33 8. a. Except as provided in paragraph “b” , upon 34 determination by the county attorney, the county attorney’s 35 -55- SF457.4499.H (1) 88 md 55/ 61
designee, or the private collection designee department of 1 revenue that the person is in default, the county attorney, the 2 county attorney’s designee, or the private collection designee 3 department of revenue shall notify the clerk of the district 4 court. 5 b. (1) If the person is in default and the person 6 provides a new financial statement within fifteen days of 7 the determination made pursuant to paragraph “a” indicating 8 that the person’s financial condition has changed to such an 9 extent that lower installment payments would have been required 10 prior to the execution of the initial installment agreement 11 under subsection 1 , the county attorney, the county attorney’s 12 designee, or the private collection designee department of 13 revenue shall not notify the clerk of the district court, 14 and the person shall not be considered in default. The new 15 installment payments shall be based upon the new financial 16 statement filed in compliance with this subparagraph. 17 (2) A person making new installment payments after 18 complying with the provisions of subparagraph (1) shall not be 19 considered executing a new installment agreement for purposes 20 of calculating the number of installment agreements a person 21 may execute in a person’s lifetime under subsection 12 . 22 9. The clerk of the district court, upon receipt of a 23 notification of a default from the county attorney, the 24 county attorney’s designee, or the private collection designee 25 department of revenue , shall report the default to the 26 department of transportation. 27 11. If a new fine, penalty, surcharge, or court cost 28 is imposed on a person after the person has executed an 29 installment agreement with the county attorney, the county 30 attorney’s designee, or the private collection designee 31 department of revenue , and the new fine, penalty, surcharge, 32 or court cost is deemed delinquent as provided in section 33 602.8107, subsection 2 , and the person’s driver’s license 34 has been suspended pursuant to section 321.210A , the person 35 -56- SF457.4499.H (1) 88 md 56/ 61
may enter into a second installment agreement with the 1 county attorney, county attorney’s designee, or the private 2 collection designee department of revenue to pay the delinquent 3 amount and the civil penalty, if assessed, in subsection 7 in 4 installments. 5 13. Except for a civil penalty assessed and collected 6 pursuant to subsection 7 , any amount collected under the 7 installment agreement by the county attorney or the county 8 attorney’s designee shall be distributed as provided in section 9 602.8107, subsection 4 , and any amount collected by the private 10 collection designee department of revenue shall be deposited 11 with the clerk of the district court for distribution under 12 section 602.8108 . 13 Sec. 87. Section 602.8107, subsection 3, Code 2020, is 14 amended to read as follows: 15 3. Collection by private collection designee under contract 16 with the judicial branch department of revenue . 17 a. (1) Thirty days after court debt has been assessed 18 and full payment has not been received, or if an installment 19 payment is not received within thirty days after the date it 20 is due, the judicial branch shall assign a case to the private 21 collection designee under contract with the judicial branch 22 pursuant to subsection 5 to collect debts owed to the clerk of 23 the district court department of revenue , unless the case has 24 been assigned to the county attorney under paragraph “c” . 25 (2) The department of revenue may impose a fee established 26 by rule to reflect the cost of processing which shall be added 27 to the debt owed to the clerk of the district court. 28 b. In addition, court debt which is being collected under 29 an installment agreement pursuant to section 321.210B which is 30 in default that remains delinquent shall remain assigned to 31 the private collection designee department of revenue if the 32 installment agreement was executed with the private collection 33 designee department of revenue ; or to the county attorney 34 or county attorney’s designee if the installment agreement 35 -57- SF457.4499.H (1) 88 md 57/ 61
was executed with the county attorney or county attorney’s 1 designee. 2 c. Thirty days after court debt has been assessed and full 3 payment has not been received, or if an installment payment is 4 not received within thirty days after the date it is due, and 5 if a county attorney has filed with the clerk of the district 6 court a notice of full commitment to collect delinquent court 7 debt pursuant to subsection 4 , the case shall be assigned 8 to the county attorney as provided in subsection 4 . The 9 judicial branch shall assign cases with delinquent court debt 10 to a county attorney in the same format and with the same 11 frequency as cases with delinquent court debt are assigned to 12 the private collection designee department of revenue under 13 paragraph “a” , and a county attorney shall not be required 14 to file an individual notice of full commitment to collect 15 delinquent court debt for each assigned case. If the county 16 attorney or the county attorney’s designee, while collecting 17 delinquent court debt pursuant to subsection 4 , determines that 18 a person owes additional court debt for which a case has not 19 been assigned by the judicial branch, the county attorney or 20 the county attorney’s designee shall notify the clerk of the 21 district court of the appropriate case numbers and the judicial 22 branch shall assign these cases to the county attorney for 23 collection if the additional court debt is delinquent. 24 Sec. 88. Section 602.8107, subsection 4, unnumbered 25 paragraph 1, Code 2020, is amended to read as follows: 26 The county attorney or the county attorney’s designee may 27 collect court debt after the court debt is deemed delinquent 28 pursuant to subsection 2 . In order to receive a percentage of 29 the amounts collected pursuant to this subsection , the county 30 attorney must first file with the clerk of the district court 31 on or before July 1 of the first year the county attorney 32 collects court debt under this subsection , a notice of full 33 commitment to collect delinquent court debt, and a memorandum 34 of understanding with the state court administrator for all 35 -58- SF457.4499.H (1) 88 md 58/ 61
cases assigned to the county for collection by the court. 1 The notice shall contain a list of procedures which will be 2 initiated by the county attorney. For a county attorney 3 filing a notice of full commitment for the first time, the 4 cases involving delinquent court debt previously assigned to 5 the private collection designee department of revenue shall 6 remain assigned to the private collection designee department 7 of revenue . Cases involving delinquent court debt assigned 8 to the county attorney after the filing of a notice of full 9 commitment by the county attorney shall remain assigned to the 10 county attorney. A county attorney who chooses to discontinue 11 collection of delinquent court debt shall file with the clerk 12 of the district court on or before May 15 a notice of the intent 13 to cease collection of delinquent court debt at the start of 14 the next fiscal year. If a county attorney ceases collection 15 efforts, or if the state court administrator deems that a 16 county attorney collections program has become ineligible to 17 collect as specified in paragraph “f” , all cases involving 18 delinquent court debt assigned to the county attorney shall 19 be transferred on July 1 to the private collection designee 20 department of revenue for collection, except that debt 21 associated with any existing installment agreement shall remain 22 assigned to the county for collection unless an installment 23 payment becomes delinquent, after which the delinquent debt 24 associated with the installment agreement shall be transferred 25 promptly to the private collection designee department of 26 revenue for collection. 27 Sec. 89. Section 602.8107, subsection 4, paragraph f, Code 28 2020, is amended to read as follows: 29 f. Beginning July 1, 2017, within two years of beginning 30 to collect delinquent court debt, a county attorney shall be 31 required to collect one hundred percent of the applicable 32 threshold amount specified in paragraph “c” . If a county 33 attorney collects more than eighty percent but less than one 34 hundred percent of the applicable threshold amount, the state 35 -59- SF457.4499.H (1) 88 md 59/ 61
court administrator shall provide notice to the county attorney 1 specifying that in order to remain eligible to participate in 2 the county attorney collection program, the county attorney 3 must collect at least one hundred twenty-five percent of the 4 applicable threshold amount by the end of the next fiscal year. 5 If a county attorney who has been given such a notice fails 6 to collect one hundred twenty-five percent of the applicable 7 threshold amount, the state court administrator shall provide 8 notice to the county attorney that the county is ineligible to 9 participate in the county attorney collection program for the 10 next two fiscal years and all existing and future court cases 11 with delinquent court debt shall be assigned to the private 12 collection designee department of revenue . The provisions of 13 this paragraph apply to all counties, including those counties 14 where delinquent court debt is collected pursuant to a chapter 15 28E agreement with one or more counties. 16 Sec. 90. Section 602.8107, subsection 5, Code 2020, is 17 amended by striking the subsection. 18 Sec. 91. Section 602.8107, subsection 7, Code 2020, is 19 amended to read as follows: 20 7. Reports. The judicial branch shall prepare a report 21 aging the court debt. The report shall include the amounts 22 collected by the private collection designee, the distribution 23 of these amounts, and the amount of the fee collected by the 24 private collection designee. In addition, the report shall 25 include the amounts written off pursuant to subsection 6 . The 26 judicial branch shall provide the report to the co-chairpersons 27 and ranking members of the joint appropriations subcommittee on 28 the justice system, the legislative services agency, and the 29 department of management by December 15 of each year. 30 Sec. 92. EFFECTIVE DATE. This division of this Act takes 31 effect January 1, 2021. 32 DIVISION XV 33 EFFECTIVE DATE 34 Sec. 93. EFFECTIVE DATE. Unless otherwise provided, this 35 -60- SF457.4499.H (1) 88 md 60/ 61
Act takes effect July 15, 2020. > 1 2. Title page, by striking lines 1 through 3 and inserting 2 < An Act relating to the criminal and juvenile justice system 3 by modifying criminal penalties, surcharges, fines, fees, and 4 costs, creating and modifying funds, making appropriations 5 and allocating revenues, modifying installment agreements, 6 modifying civil claims for reimbursement, restitution, 7 and collection of court debt, and providing effective date 8 provisions. > 9 -61- SF457.4499.H (1) 88 md 61/ 61