House File 2456

                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC
                                           SAFETY

                                       (SUCCESSOR TO HF 2292)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a county enforcement surcharge for citations
  2    issued by the county sheriff.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6073HV 80
  5 jm/pj/5

PAG LIN

  1  1    Section 1.  Section 331.301, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  16.  The board of supervisors may by
  1  4 resolution allow a five dollar county enforcement surcharge to
  1  5 be assessed pursuant to section 911.4.
  1  6    Sec. 2.  Section 602.8102, subsection 135A, Code Supplement
  1  7 2003, is amended to read as follows:
  1  8    135A.  Assess the drug abuse resistance education surcharge
  1  9 as provided by section surcharges provided by sections 911.2,
  1 10 911.3, and 911.4.
  1 11    Sec. 3.  Section 602.8102, subsection 135B, Code Supplement
  1 12 2003, is amended by striking the subsection.
  1 13    Sec. 4.  Section 602.8107, subsection 4, unnumbered
  1 14 paragraph 2, Code Supplement 2003, is amended to read as
  1 15 follows:
  1 16    This subsection does not apply to amounts collected for
  1 17 victim restitution, the victim compensation fund, criminal
  1 18 penalty surcharge, law enforcement initiative surcharge,
  1 19 county enforcement surcharge, amounts collected as a result of
  1 20 procedures initiated under subsection 5 or under section
  1 21 8A.504, or sheriff's room and board fees.
  1 22    Sec. 5.  Section 602.8108, Code Supplement 2003, is amended
  1 23 by adding the following new subsection:
  1 24    NEW SUBSECTION.  4A.  The clerk of the district court shall
  1 25 remit all moneys collected from the county enforcement
  1 26 surcharge to the county where the citation was issued for
  1 27 deposit in the county general fund no later than the fifteenth
  1 28 day of each month.
  1 29    Sec. 6.  Section 805.8, subsection 1, Code 2003, is amended
  1 30 to read as follows:
  1 31    1.  APPLICATION.  Except as otherwise indicated, violations
  1 32 of sections of the Code specified in sections 805.8A, 805.8B,
  1 33 and 805.8C are scheduled violations, and the scheduled fine
  1 34 for each of those violations is as provided in those sections,
  1 35 whether the violation is of state law or of a county or city
  2  1 ordinance.  The criminal penalty surcharge required by section
  2  2 911.2 and the county enforcement surcharge required by section
  2  3 911.4, if applicable, shall be added to the scheduled fine.
  2  4    Sec. 7.  Section 903.1, subsection 4, Code 2003, is amended
  2  5 to read as follows:
  2  6    4.  The criminal penalty surcharge surcharges required by
  2  7 sections 911.2, and 911.3, and 911.4 shall be added to a fine
  2  8 imposed on a misdemeanant, and is are not a part of or subject
  2  9 to the maximums set in this section.
  2 10    Sec. 8.  Section 909.8, Code 2003, is amended to read as
  2 11 follows:
  2 12    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2 13 SURCHARGE.
  2 14    The provisions of this chapter governing the payment and
  2 15 collection of a fine, except section 909.3A, also apply to the
  2 16 payment and collection of surcharges imposed pursuant to
  2 17 chapter 911.  However, section 909.10 shall not apply to
  2 18 surcharges assessed under section sections 911.3 and 911.4.
  2 19    Sec. 9.  NEW SECTION.  911.4  COUNTY ENFORCEMENT SURCHARGE.
  2 20    1.  If the county has adopted a resolution pursuant to
  2 21 section 331.301, subsection 16, and a court imposes a fine or
  2 22 forfeiture for any simple misdemeanor punishable as a
  2 23 scheduled violation pursuant to a citation issued by the
  2 24 sheriff as defined in section 331.101, the court or the clerk
  2 25 of the district court shall assess a surcharge in the amount
  2 26 of five dollars for each applicable violation in addition to
  2 27 any fine, forfeiture, or other surcharge.
  2 28    2.  Pursuant to section 602.8108, subsection 4A, the
  2 29 surcharge shall be deposited in the county general fund of the
  2 30 county where the citation was issued.
  2 31    3.  The surcharge is subject to the provisions of chapter
  2 32 909 governing the payment and collection of fines, as provided
  2 33 in section 909.8.
  2 34                           EXPLANATION
  2 35    This bill imposes a county enforcement surcharge of $5 on
  3  1 fines or forfeitures imposed pursuant to citations issued by
  3  2 the county sheriff for state violations punishable as a
  3  3 scheduled fine, if the board of supervisors has authorized the
  3  4 assessment of the surcharge for that county.  The county
  3  5 enforcement surcharge is in addition to the fine and any other
  3  6 surcharge currently assessed.
  3  7    The bill directs the clerk of the district court to remit
  3  8 all moneys collected in the preceding month from the county
  3  9 enforcement surcharge to the county where the citation was
  3 10 issued for deposit in the county general fund.
  3 11    The bill provides that the county enforcement surcharge is
  3 12 exempt from the Code provisions allowing a county to retain a
  3 13 portion of delinquent surcharges collected by the county
  3 14 attorney because the county enforcement surcharge is already
  3 15 payable to the county.
  3 16 LSB 6073HV 80
  3 17 jm/pj/5