House File 373
HOUSE FILE
BY MYERS
(COMPANION TO SF 142 BY BOLKCOM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a courthouse security surcharge on criminal
2 fines, creating a courthouse security fund, making an
3 appropriation of surcharge moneys, and making related changes.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1056HH 80
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PAG LIN
1 1 DIVISION I
1 2 Section 1. Section 331.552, Code 2003, is amended by
1 3 adding the following new subsection:
1 4 NEW SUBSECTION. 10. Receive and disburse courthouse
1 5 security funds pursuant to section 602.8108.
1 6 Sec. 2. Section 602.8108, Code 2003, is amended by adding
1 7 the following new subsection:
1 8 NEW SUBSECTION. 4A. A courthouse security fund is created
1 9 in the state treasury. The fund shall consist of
1 10 appropriations made to the fund and transfers of interest,
1 11 earnings, and moneys required to be collected for deposit in
1 12 the fund, including moneys received from the courthouse
1 13 security surcharge provided for in section 911.3. The moneys
1 14 in the fund shall be distributed by the treasurer of state to
1 15 each county based upon a county's population in proportion to
1 16 the total population of the state. The moneys distributed by
1 17 the treasurer of state shall be used by the county for
1 18 courthouse security costs related to equipment purchasing and
1 19 maintenance, depreciation, personnel costs, and training. For
1 20 purposes of this subsection, "population" means population as
1 21 provided in section 4.1.
1 22 Sec. 3. Section 911.3, Code 2003, is amended by striking
1 23 the section and inserting in lieu thereof the following:
1 24 911.3 ADDITIONAL SURCHARGES.
1 25 1. In addition to the surcharge assessed in section 911.2,
1 26 the clerk of the district court shall assess the following
1 27 surcharges when applicable:
1 28 a. COURTHOUSE SECURITY SURCHARGE. A surcharge in the
1 29 amount of fifteen dollars if the violation arose out of a
1 30 violation of an offense provided for in chapter 321. The
1 31 clerk shall remit all moneys received from the surcharge to
1 32 the treasurer of state for deposit as provided in section
1 33 602.8108, subsection 4A.
1 34 b. DRUG ABUSE RESISTANCE EDUCATION SURCHARGE. A surcharge
1 35 in the amount of ten dollars if the violation arose out of a
2 1 violation of an offense provided for in chapter 321J or
2 2 chapter 124, division IV. The clerk shall remit all moneys
2 3 received from the surcharge to the treasurer of state for
2 4 deposit as provided in section 602.8108, subsection 3.
2 5 c. LAW ENFORCEMENT INITIATIVE SURCHARGE. A surcharge in
2 6 the amount of one hundred twenty=five dollars if an
2 7 adjudication of guilt or a deferred judgment has been entered
2 8 for a criminal violation under any of the following:
2 9 (1) Chapter 124, 155A, 453B, 713, 714, 715A, or 716.
2 10 (2) Section 719.8, 725.1, 725.2, or 725.3.
2 11 The clerk shall remit all moneys received from the
2 12 surcharge to the treasurer of state for deposit as provided in
2 13 section 602.8108, subsection 4.
2 14 2. The surcharges assessed in this section are subject to
2 15 the provisions of chapter 909 governing the payment and
2 16 collection of fines, as provided in section 909.8.
2 17 DIVISION II
2 18 Sec. 4. Section 331.302, subsection 2, Code 2003, is
2 19 amended to read as follows:
2 20 2. A county shall not provide a penalty in excess of a
2 21 five hundred dollar fine or in excess of thirty days
2 22 imprisonment for the violation of an ordinance. The criminal
2 23 penalty A surcharge required by section 911.2 or 911.3 shall
2 24 be added to a county fine and is not a part of the county's
2 25 penalty.
2 26 Sec. 5. Section 364.3, subsection 2, Code 2003, is amended
2 27 to read as follows:
2 28 2. A city shall not provide a penalty in excess of a five
2 29 hundred dollar fine or in excess of thirty days imprisonment
2 30 for the violation of an ordinance. An amount equal to ten
2 31 percent of all fines collected by cities shall be deposited in
2 32 the account established in section 602.8108. However, one
2 33 hundred percent of all fines collected by a city pursuant to
2 34 section 321.236, subsection 1, shall be retained by the city.
2 35 The criminal penalty A surcharge required by section 911.2 or
3 1 911.3 shall be added to a city fine and is not a part of the
3 2 city's penalty.
3 3 Sec. 6. Section 602.8102, subsection 135A, Code 2003, is
3 4 amended to read as follows:
3 5 135A. Assess the drug abuse resistance education surcharge
3 6 surcharges as provided by section 911.2 911.3.
3 7 Sec. 7. Section 602.8102, subsection 135B, Code 2003, is
3 8 amended by striking the subsection.
3 9 Sec. 8. Section 602.8107, subsection 4, unnumbered
3 10 paragraph 2, Code 2003, is amended to read as follows:
3 11 This subsection does not apply to amounts collected for
3 12 victim restitution, the victim compensation fund, criminal
3 13 penalty surcharge, law enforcement initiative surcharge a
3 14 surcharge collected pursuant to section 911.2 or 911.3,
3 15 amounts collected as a result of procedures initiated under
3 16 subsection 5 or under section 421.17, subsection 25, or
3 17 sheriff's room and board fees.
3 18 Sec. 9. Section 602.8108, subsection 2, Code 2003, is
3 19 amended to read as follows:
3 20 2. Except as otherwise provided, the clerk of the district
3 21 court shall report and submit to the state court
3 22 administrator, not later than the fifteenth day of each month,
3 23 the fines and fees received during the preceding calendar
3 24 month. Except as otherwise provided in subsections 4 and 5
3 25 this section, the state court administrator shall deposit the
3 26 amounts received with the treasurer of state for deposit in
3 27 the general fund of the state. The state court administrator
3 28 shall report to the legislative fiscal bureau within thirty
3 29 days of the beginning of each fiscal quarter the amount
3 30 received during the previous quarter in the account
3 31 established under this section.
3 32 Sec. 10. Section 602.8108, subsection 3, paragraph c, Code
3 33 2003, is amended by striking the paragraph.
3 34 Sec. 11. Section 602.8108, Code 2003, is amended by adding
3 35 the following new subsection:
4 1 NEW SUBSECTION. 4B. All moneys collected from the drug
4 2 abuse resistance education surcharge provided in section 911.3
4 3 shall be remitted to the treasurer of state for deposit in the
4 4 general fund of the state and the amount deposited is
4 5 appropriated to the governor's office of drug control policy
4 6 for use by the drug abuse resistance education program and
4 7 other programs directed for a similar purpose.
4 8 Sec. 12. Section 805.8, subsection 1, Code 2003, is
4 9 amended to read as follows:
4 10 1. APPLICATION. Except as otherwise indicated, violations
4 11 of sections of the Code specified in sections 805.8A, 805.8B,
4 12 and 805.8C are scheduled violations, and the scheduled fine
4 13 for each of those violations is as provided in those sections,
4 14 whether the violation is of state law or of a county or city
4 15 ordinance. The criminal penalty A surcharge required by
4 16 section 911.2 or 911.3 shall be added to the scheduled fine.
4 17 Sec. 13. Section 805.8C, subsection 3, paragraph a, Code
4 18 2003, is amended to read as follows:
4 19 a. For violations of section 142B.6, the scheduled fine is
4 20 twenty=five dollars, and is a civil penalty, and the criminal
4 21 penalty a surcharge under section 911.2 or 911.3 shall not be
4 22 added to the penalty, and the court costs pursuant to section
4 23 805.9, subsection 6, shall not be imposed. If the civil
4 24 penalty assessed for a violation of section 142B.6 is not paid
4 25 in a timely manner, a citation shall be issued for the
4 26 violation in the manner provided in section 804.1. However, a
4 27 person under age eighteen shall not be detained in a secure
4 28 facility for failure to pay the civil penalty. The
4 29 complainant shall not be charged a filing fee.
4 30 Sec. 14. Section 805.8C, subsection 3, paragraph c,
4 31 unnumbered paragraph 1, Code 2003, is amended to read as
4 32 follows:
4 33 For violations of section 453A.2, subsection 2, the
4 34 scheduled fine is as follows and is a civil penalty, and the
4 35 criminal penalty a surcharge under section 911.2 or 911.3
5 1 shall not be added to the penalty, and the court costs
5 2 pursuant to section 805.9, subsection 6, shall not be imposed:
5 3 Sec. 15. Section 909.10, subsection 1, Code 2003, is
5 4 amended to read as follows:
5 5 1. As used in this section, unless the context otherwise
5 6 requires, "delinquent amounts" means a fine, court=imposed
5 7 court costs in a criminal proceeding, or criminal surcharge
5 8 imposed pursuant to section 911.2 or 911.3, which remains
5 9 unpaid after two years from the date that the fine, court
5 10 costs, or surcharge was imposed, and which is not collected by
5 11 the county attorney pursuant to section 602.8107. However, if
5 12 the fine may be paid in installments pursuant to section
5 13 909.3, the fine is not a delinquent amount unless the
5 14 installment remains unpaid after two years from the date the
5 15 installment was due.
5 16 Sec. 16. Section 911.2, unnumbered paragraph 1, Code 2003,
5 17 is amended to read as follows:
5 18 When a court imposes a fine or forfeiture for a violation
5 19 of a state law, or of a city or county ordinance except an
5 20 ordinance regulating the parking of motor vehicles, the court
5 21 shall assess an additional penalty in the form of a surcharge
5 22 equal to thirty percent of the fine or forfeiture imposed. An
5 23 additional drug abuse resistance education surcharge of ten
5 24 dollars shall be assessed by the clerk of the district court
5 25 if the violation arose out of a violation of an offense
5 26 provided for in chapter 321J or chapter 124, division IV. In
5 27 the event of multiple offenses, the surcharge shall be based
5 28 upon the total amount of fines or forfeitures imposed for all
5 29 offenses. When a fine or forfeiture is suspended in whole or
5 30 in part, the surcharge shall be reduced in proportion to the
5 31 amount suspended.
5 32 EXPLANATION
5 33 This bill establishes a courthouse security surcharge and
5 34 creates a courthouse security fund.
5 35 DIVISION I. The bill provides that a courthouse security
6 1 surcharge be assessed in the amount of $15 for each violation
6 2 of Code chapter 321 (motor vehicles and laws of the road).
6 3 The bill provides that the courthouse security surcharge be
6 4 collected by the clerk of the district court and remitted to
6 5 the treasurer of state for deposit in the courthouse security
6 6 fund. The bill provides that the moneys in the fund shall be
6 7 distributed by the treasurer of state to each county based
6 8 upon the population of the county in proportion to the total
6 9 population of the state. Under the bill, the office of county
6 10 treasurer shall administer the funds, and the funds are to be
6 11 used for courthouse security costs related to equipment
6 12 purchasing and maintenance, depreciation, personnel costs, and
6 13 training.
6 14 DIVISION II. The bill combines the courthouse security
6 15 surcharge into one Code section with most of the existing
6 16 criminal surcharges in the Code, except the general criminal
6 17 penalty surcharge. This division of the bill amends various
6 18 Code sections to conform with combining the surcharges into
6 19 one Code section.
6 20 LSB 1056HH 80
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