House File 2789 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2789
  1  2
  1  3                             AN ACT
  1  4 RELATING TO ASSESSING COURT COSTS AND MODIFYING FINES,
  1  5    PROVIDING FOR INDIGENT DEFENSE, AND MAKING APPROPRIATIONS
  1  6    TO THE JUDICIAL BRANCH, ATTORNEY GENERAL, DEPARTMENT OF
  1  7    CORRECTIONS, AND DEPARTMENT OF INSPECTIONS AND APPEALS.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 321J.2, subsection 2, paragraph a,
  1 12 subparagraph (2), Code 2005, is amended to read as follows:
  1 13    (2)  Assessment of a fine of one thousand two hundred fifty
  1 14 dollars.  However, in the discretion of the court, if no
  1 15 personal or property injury has resulted from the defendant's
  1 16 actions, the court may waive up to five six hundred
  1 17 twenty=five dollars of the fine when the defendant presents to
  1 18 the court at the end of the minimum period of ineligibility, a
  1 19 temporary restricted license issued pursuant to section
  1 20 321J.20.  As an alternative to a portion or all of the fine,
  1 21 the court may order the person to perform unpaid community
  1 22 service.
  1 23    Sec. 2.  Section 321J.2, subsection 2, paragraph b, Code
  1 24 2005, is amended to read as follows:
  1 25    b.  An aggravated misdemeanor for a second offense, and
  1 26 shall be imprisoned in the county jail or community=based
  1 27 correctional facility not less than seven days, and assessed a
  1 28 fine of not less than one thousand five eight hundred
  1 29 seventy=five dollars nor more than five six thousand two
  1 30 hundred fifty dollars.
  1 31    Sec. 3.  Section 321J.2, subsection 2, paragraph c,
  1 32 unnumbered paragraph 1, Code 2005, is amended to read as
  1 33 follows:
  1 34    A class "D" felony for a third offense and each subsequent
  1 35 offense, and shall be committed to the custody of the director
  2  1 of the department of corrections for an indeterminate term not
  2  2 to exceed five years, shall be confined for a mandatory
  2  3 minimum term of thirty days, and shall be assessed a fine of
  2  4 not less than two three thousand five one hundred twenty=five
  2  5 dollars nor more than seven nine thousand five three hundred
  2  6 seventy=five dollars.
  2  7    Sec. 4.  Section 602.1304, subsection 2, paragraph b, Code
  2  8 Supplement 2005, is amended to read as follows:
  2  9    b.  For each fiscal year, a judicial collection estimate
  2 10 for that fiscal year shall be equally and proportionally
  2 11 divided into a quarterly amount.  The judicial collection
  2 12 estimate shall be calculated by using the state revenue
  2 13 estimating conference estimate made by December 15 pursuant to
  2 14 section 8.22A, subsection 3, of the total amount of fines,
  2 15 fees, civil penalties, costs, surcharges, and other revenues
  2 16 collected by judicial officers and court employees for deposit
  2 17 into the general fund of the state.  The revenue estimating
  2 18 conference estimate shall be reduced by the maximum amounts
  2 19 allocated to the Iowa prison infrastructure fund pursuant to
  2 20 section 602.8108A, the court technology and modernization fund
  2 21 pursuant to section 602.8108, subsection 7, the judicial
  2 22 branch pursuant to section 602.8108, subsection 8, the
  2 23 department of inspections and appeals pursuant to section
  2 24 602.8108, subsection 8A, the office of attorney general
  2 25 pursuant to section 602.8108, subsection 8B, the department of
  2 26 corrections pursuant to section 602.8108, subsection 8C, and
  2 27 the road use tax fund pursuant to section 602.8108, subsection
  2 28 9, and the remainder shall be the judicial collection
  2 29 estimate.  In each quarter of a fiscal year, after revenues
  2 30 collected by judicial officers and court employees equal to
  2 31 that quarterly amount are deposited into the general fund of
  2 32 the state, after the required amount is deposited during the
  2 33 quarter into the Iowa prison infrastructure fund pursuant to
  2 34 section 602.8108A and into the court technology and
  2 35 modernization fund pursuant to section 602.8108, subsection 7,
  3  1 and after the required amount is allocated to the judicial
  3  2 branch pursuant to section 602.8108, subsection 8, and after
  3  3 the required amount is allocated to the department of
  3  4 inspections and appeals pursuant to section 602.8108,
  3  5 subsection 8A, the office of attorney general pursuant to
  3  6 section 602.8108, subsection 8B, and the department of
  3  7 corrections pursuant to section 602.8108, subsection 8C, the
  3  8 director of the department of administrative services shall
  3  9 deposit the remaining revenues for that quarter into the
  3 10 enhanced court collections fund in lieu of the general fund.
  3 11 However, after total deposits into the collections fund for
  3 12 the fiscal year are equal to the maximum deposit amount
  3 13 established for the collections fund, remaining revenues for
  3 14 that fiscal year shall be deposited into the general fund.  If
  3 15 the revenue estimating conference agrees to a different
  3 16 estimate at a later meeting which projects a lesser amount of
  3 17 revenue than the initial estimate amount used to calculate the
  3 18 judicial collection estimate, the director of the department
  3 19 of administrative services shall recalculate the judicial
  3 20 collection estimate accordingly.  If the revenue estimating
  3 21 conference agrees to a different estimate at a later meeting
  3 22 which projects a greater amount of revenue than the initial
  3 23 estimate amount used to calculate the judicial collection
  3 24 estimate, the director of the department of administrative
  3 25 services shall recalculate the judicial collection estimate
  3 26 accordingly but only to the extent that the greater amount is
  3 27 due to an increase in the fines, fees, civil penalties, costs,
  3 28 surcharges, or other revenues allowed by law to be collected
  3 29 by judicial officers and court employees.
  3 30    Sec. 5.  Section 602.8106, subsection 1, paragraphs a, b,
  3 31 d, and e, Code Supplement 2005, are amended to read as
  3 32 follows:
  3 33    a.  Except as otherwise provided in paragraphs "b" and "c",
  3 34 for filing and docketing a criminal case to be paid by the
  3 35 county or city which has the duty to prosecute the criminal
  4  1 action, payable as provided in section 602.8109, thirty one
  4  2 hundred dollars.  When judgment is rendered against the
  4  3 defendant, costs collected from the defendant shall be paid to
  4  4 the county or city which has the duty to prosecute the
  4  5 criminal action to the extent necessary for reimbursement for
  4  6 fees paid.  However, the fees which are payable by the county
  4  7 to the clerk of the district court for services rendered in
  4  8 criminal actions prosecuted under state law and the court
  4  9 costs taxed in connection with the trial of those actions or
  4 10 appeals from the judgments in those actions are waived.
  4 11    b.  For filing and docketing of a complaint or information
  4 12 for a simple misdemeanor and a complaint or information for a
  4 13 nonscheduled simple misdemeanor under chapter 321, thirty
  4 14 fifty dollars.
  4 15    d.  The court costs in scheduled violation cases where a
  4 16 court appearance is required, thirty fifty dollars.
  4 17    e.  For court costs in scheduled violation cases where a
  4 18 court appearance is not required, thirty fifty dollars.
  4 19    Sec. 6.  Section 602.8108, subsection 2, Code Supplement
  4 20 2005, is amended to read as follows:
  4 21    2.  Except as otherwise provided, the clerk of the district
  4 22 court shall report and submit to the state court
  4 23 administrator, not later than the fifteenth day of each month,
  4 24 the fines and fees received during the preceding calendar
  4 25 month.  Except as provided in subsections 3, 4, 5, 7, 8, 8A,
  4 26 8B, 8C, and 9, the state court administrator shall deposit the
  4 27 amounts received with the treasurer of state for deposit in
  4 28 the general fund of the state.  The state court administrator
  4 29 shall report to the legislative services agency within thirty
  4 30 days of the beginning of each fiscal quarter the amount
  4 31 received during the previous quarter in the account
  4 32 established under this section.
  4 33    Sec. 7.  Section 602.8108, subsection 8, Code Supplement
  4 34 2005, is amended to read as follows:
  4 35    8.  The state court administrator shall allocate to the
  5  1 judicial branch for the fiscal year beginning July 1, 2005
  5  2 2006, and for each fiscal year thereafter, seven fourteen
  5  3 million dollars of the moneys received annually under
  5  4 subsection 2, to be used for salaries of supreme court
  5  5 justices, appellate court judges, district court judges,
  5  6 district associate judges, judicial magistrates and staff,
  5  7 state court administrator, clerk of the supreme court,
  5  8 district court administrators, clerks of the district court,
  5  9 juvenile court officers, board of law examiners and board of
  5 10 examiners of shorthand reporters and judicial qualifications
  5 11 commission, receipt and disbursement of child support
  5 12 payments, reimbursement of the auditor of state for expenses
  5 13 incurred in completing audits of the offices of the clerks of
  5 14 the district court during the fiscal year, and maintenance,
  5 15 equipment, and miscellaneous purposes.
  5 16    Sec. 8.  Section 602.8108, Code Supplement 2005, is amended
  5 17 by adding the following new subsections:
  5 18    NEW SUBSECTION.  8A.  The state court administrator shall
  5 19 allocate to the office of the state public defender of the
  5 20 department of inspections and appeals for the fiscal year
  5 21 beginning July 1, 2006, and for each fiscal year thereafter,
  5 22 three million dollars of the moneys received annually under
  5 23 subsection 2, to be used for fees of court=appointed attorneys
  5 24 for indigent adults and juveniles, in accordance with section
  5 25 232.141 and chapter 815.
  5 26    NEW SUBSECTION.  8B.  The state court administrator shall
  5 27 allocate to the office of attorney general for the fiscal year
  5 28 beginning July 1, 2006, and for each fiscal year thereafter,
  5 29 three hundred thousand dollars of the moneys received annually
  5 30 under subsection 2, to be used for legal services for persons
  5 31 in poverty grants as provided in section 13.34.
  5 32    NEW SUBSECTION.  8C.  The state court administrator shall
  5 33 allocate to the department of corrections for the fiscal year
  5 34 beginning July 1, 2006, and for each fiscal year thereafter,
  5 35 five hundred sixty thousand dollars of the moneys received
  6  1 annually under subsection 2, to be used for offenders
  6  2 transferred to the department pursuant to section 229A.5,
  6  3 subsection 5.
  6  4    Sec. 9.  Section 815.7, Code 2005, is amended to read as
  6  5 follows:
  6  6    815.7  FEES TO ATTORNEYS.
  6  7    An attorney who has not entered into a contract authorized
  6  8 under section 13B.4 and who is appointed by the court to
  6  9 represent any person charged with a crime in this state,
  6 10 seeking postconviction relief, against whom a contempt action
  6 11 is pending, appealing a criminal conviction, appealing a
  6 12 denial of postconviction relief, or subject to a proceeding
  6 13 under section 811.1A or chapter 229A or 812, or to serve as
  6 14 counsel for any person or guardian ad litem for any child in
  6 15 juvenile court, pursuant to section 814.11 or 815.10 shall be
  6 16 entitled to reasonable compensation and expenses.  For
  6 17 appointments made on or after July 1, 1999, through June 30,
  6 18 2006, the reasonable compensation shall be calculated on the
  6 19 basis of sixty dollars per hour for class "A" felonies, fifty=
  6 20 five dollars per hour for class "B" felonies, and fifty
  6 21 dollars per hour for all other cases.  For appointments made
  6 22 on or after July 1, 2006, the reasonable compensation shall be
  6 23 calculated on the basis of sixty=five dollars per hour for
  6 24 class "A" felonies, sixty dollars per hour for all other
  6 25 felonies, sixty dollars per hour for misdemeanors, and
  6 26 fifty=five dollars per hour for all other cases.  The expenses
  6 27 shall include any sums as are necessary for investigations in
  6 28 the interest of justice, and the cost of obtaining the
  6 29 transcript of the trial record and briefs if an appeal is
  6 30 filed.  The attorney need not follow the case into another
  6 31 county or into the appellate court unless so directed by the
  6 32 court.  If the attorney follows the case into another county
  6 33 or into the appellate court, the attorney shall be entitled to
  6 34 compensation as provided in this section.  Only one attorney
  6 35 fee shall be so awarded in any one case except that in class
  7  1 "A" felony cases, two may be authorized.
  7  2    Sec. 10.  Section 903.1, subsection 1, paragraphs a and b,
  7  3 Code 2005, are amended to read as follows:
  7  4    a.  For a simple misdemeanor, there shall be a fine of at
  7  5 least fifty sixty=five dollars but not to exceed five six
  7  6 hundred twenty=five dollars.  The court may order imprisonment
  7  7 not to exceed thirty days in lieu of a fine or in addition to
  7  8 a fine.
  7  9    b.  For a serious misdemeanor, there shall be a fine of at
  7 10 least two three hundred fifty fifteen dollars but not to
  7 11 exceed one thousand five eight hundred seventy=five dollars.
  7 12 In addition, the court may also order imprisonment not to
  7 13 exceed one year.
  7 14    Sec. 11.  Section 903.1, subsection 2, Code 2005, is
  7 15 amended to read as follows:
  7 16    2.  When a person is convicted of an aggravated
  7 17 misdemeanor, and a specific penalty is not provided for, the
  7 18 maximum penalty shall be imprisonment not to exceed two years.
  7 19 There shall be a fine of at least five six hundred twenty=five
  7 20 dollars but not to exceed five six thousand two hundred fifty
  7 21 dollars.  When a judgment of conviction of an aggravated
  7 22 misdemeanor is entered against any person and the court
  7 23 imposes a sentence of confinement for a period of more than
  7 24 one year the term shall be an indeterminate term.
  7 25
  7 26
  7 27                                                             
  7 28                               CHRISTOPHER C. RANTS
  7 29                               Speaker of the House
  7 30
  7 31
  7 32                                                             
  7 33                               JEFFREY M. LAMBERTI
  7 34                               President of the Senate
  7 35
  8  1    I hereby certify that this bill originated in the House and
  8  2 is known as House File 2789, Eighty=first General Assembly.
  8  3
  8  4
  8  5                                                             
  8  6                               MARGARET THOMSON
  8  7                               Chief Clerk of the House
  8  8 Approved                , 2006
  8  9
  8 10
  8 11                            
  8 12 THOMAS J. VILSACK
  8 13 Governor