House Study Bill 668
SENATE/HOUSE FILE
BY (PROPOSED JUDICIAL
BRANCH BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the assessment of surcharges in criminal
2 proceedings.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 331.302, subsection 2, Code Supplement
1 2 2003, is amended to read as follows:
1 3 2. A county shall not provide a penalty in excess of a
1 4 five hundred dollar fine or in excess of thirty days
1 5 imprisonment for the violation of an ordinance. The criminal
1 6 penalty surcharge required by section 911.2 911.1 shall be
1 7 added to a county fine and is not a part of the county's
1 8 penalty.
1 9 Sec. 2. Section 364.3, subsection 2, Code Supplement 2003,
1 10 is amended to read as follows:
1 11 2. A city shall not provide a penalty in excess of a five
1 12 hundred dollar fine or in excess of thirty days imprisonment
1 13 for the violation of an ordinance. An amount equal to ten
1 14 percent of all fines collected by cities shall be deposited in
1 15 the account established in section 602.8108. However, one
1 16 hundred percent of all fines collected by a city pursuant to
1 17 section 321.236, subsection 1, shall be retained by the city.
1 18 The criminal penalty surcharge required by section 911.2 911.1
1 19 shall be added to a city fine and is not a part of the city's
1 20 penalty.
1 21 Sec. 3. Section 602.8108, subsections 2 through 6, Code
1 22 Supplement 2003, are amended to read a follows:
1 23 2. Except as otherwise provided, the clerk of the district
1 24 court shall report and submit to the state court
1 25 administrator, not later than the fifteenth day of each month,
1 26 the fines and fees received during the preceding calendar
1 27 month. Except as provided in subsections 3, 4, and 5, 6, and
1 28 7, the state court administrator shall deposit the amounts
1 29 received with the treasurer of state for deposit in the
1 30 general fund of the state. The state court administrator
1 31 shall report to the legislative services agency within thirty
1 32 days of the beginning of each fiscal quarter the amount
1 33 received during the previous quarter in the account
1 34 established under this section.
1 35 3. When a court assesses a criminal surcharge under
2 1 section 911.2, the amounts collected shall be distributed as
2 2 follows:
2 3 a. The clerk of the district court shall submit remit to
2 4 the state court administrator, not later than the fifteenth
2 5 day of each month, ninety=five percent of the surcharge
2 6 collected all moneys collected from the criminal penalty
2 7 surcharge provided in section 911.1 during the preceding
2 8 calendar month. The clerk shall remit the remainder to the
2 9 county treasurer of the county that was the plaintiff in the
2 10 action or to the city that was the plaintiff in the action.
2 11 b. Of the amount received from the clerk, the state court
2 12 administrator shall allocate eighteen percent to be deposited
2 13 in the victim compensation fund established in section 915.94
2 14 and eighty=two percent to be deposited in the general fund.
2 15 c. 4. Notwithstanding provisions of this subsection to the
2 16 contrary, The clerk of the district court shall remit all
2 17 moneys collected from the drug abuse resistance education
2 18 surcharge provided in section 911.2 shall be remitted to the
2 19 treasurer of state court administrator for deposit in the
2 20 general fund of the state and the amount deposited is
2 21 appropriated to the governor's office of drug control policy
2 22 for use by the drug abuse resistance education program and
2 23 other programs directed for a similar purpose.
2 24 4. 5. When a court assesses the law enforcement initiative
2 25 surcharge under section 911.3, the The clerk of the district
2 26 court shall remit to the treasurer of the state, all moneys
2 27 collected from the assessment of the law enforcement
2 28 initiative surcharge provided in section 911.3 to the state
2 29 court administrator no later than the fifteenth day of each
2 30 month, all the moneys collected during the preceding month,
2 31 for deposit in the general fund of the state.
2 32 5. 6. A court technology and modernization fund is
2 33 established as a separate fund in the state treasury. The
2 34 state court administrator shall allocate one million dollars
2 35 of the moneys received under subsection 2 to be deposited in
3 1 the fund, which shall be administered by the supreme court and
3 2 shall be used to enhance the ability of the judicial branch to
3 3 process cases more quickly and efficiently, to electronically
3 4 transmit information to state government, local governments,
3 5 law enforcement agencies, and the public, and to improve
3 6 public access to the court system.
3 7 6. 7. The state court administrator shall allocate all of
3 8 the fines and fees attributable to commercial vehicle
3 9 violation citations issued by motor vehicle division personnel
3 10 of the state department of transportation to the treasurer of
3 11 state for deposit in the road use tax fund.
3 12 Sec. 4. Section 805.8, subsection 1, Code 2003, is amended
3 13 to read as follows:
3 14 1. APPLICATION. Except as otherwise indicated, violations
3 15 of sections of the Code specified in sections 805.8A, 805.8B,
3 16 and 805.8C are scheduled violations, and the scheduled fine
3 17 for each of those violations is as provided in those sections,
3 18 whether the violation is of state law or of a county or city
3 19 ordinance. The criminal penalty surcharge required by section
3 20 911.2 911.1 shall be added to the scheduled fine.
3 21 Sec. 5. Section 805.8C, subsection 3, paragraph a, Code
3 22 2003, is amended to read as follows:
3 23 a. For violations of section 142B.6, the scheduled fine is
3 24 twenty=five dollars, and is a civil penalty, and the criminal
3 25 penalty surcharge under section 911.2 911.1 shall not be added
3 26 to the penalty, and the court costs pursuant to section 805.9,
3 27 subsection 6, shall not be imposed. If the civil penalty
3 28 assessed for a violation of section 142B.6 is not paid in a
3 29 timely manner, a citation shall be issued for the violation in
3 30 the manner provided in section 804.1. However, a person under
3 31 age eighteen shall not be detained in a secure facility for
3 32 failure to pay the civil penalty. The complainant shall not
3 33 be charged a filing fee.
3 34 Sec. 6. Section 805.8C, subsection 3, paragraph c,
3 35 unnumbered paragraph 1, Code 2003, is amended to read as
4 1 follows:
4 2 For violations of section 453A.2, subsection 2, the
4 3 scheduled fine is as follows and is a civil penalty, and the
4 4 criminal penalty surcharge under section 911.2 911.1 shall not
4 5 be added to the penalty, and the court costs pursuant to
4 6 section 805.9, subsection 6, shall not be imposed:
4 7 Sec. 7. Section 902.9, unnumbered paragraph 2, Code 2003,
4 8 is amended to read as follows:
4 9 The criminal penalty surcharge surcharges required by
4 10 sections 911.1, 911.2, and 911.3 shall be added to a fine
4 11 imposed on a class "C" or class "D" felon, as provided by
4 12 those sections, and is are not a part of or subject to the
4 13 maximums set in this section.
4 14 Sec. 8. Section 903.1, subsection 4, Code 2003, is amended
4 15 to read as follows:
4 16 4. The criminal penalty surcharge surcharges required by
4 17 sections 911.1, 911.2, and 911.3 shall be added to a fine
4 18 imposed on a misdemeanant as provided in those sections, and
4 19 is are not a part of or subject to the maximums set in this
4 20 section.
4 21 Sec. 9. Section 909.10, subsection 1, Code 2003, is
4 22 amended to read as follows:
4 23 1. As used in this section, unless the context otherwise
4 24 requires, "delinquent amounts" means a fine, court=imposed
4 25 court costs in a criminal proceeding, or criminal surcharge
4 26 imposed pursuant to section 911.1 or 911.2, which remains
4 27 unpaid after two years from the date that the fine, court
4 28 costs, or surcharge was imposed, and which is not collected by
4 29 the county attorney pursuant to section 602.8107. However, if
4 30 the fine may be paid in installments pursuant to section
4 31 909.3, the fine is not a delinquent amount unless the
4 32 installment remains unpaid after two years from the date the
4 33 installment was due.
4 34 Sec. 10. Section 911.1, Code 2003, is amended by striking
4 35 the section and inserting in lieu thereof the following:
5 1 911.1 CRIMINAL PENALTY SURCHARGE.
5 2 1. A criminal penalty surcharge shall be levied against
5 3 law violators as provided in this section. When a court
5 4 imposes a fine or forfeiture for a violation of state law, or
5 5 a city or county ordinance, the court or the clerk of the
5 6 district court shall assess an additional penalty in the form
5 7 of a criminal penalty surcharge equal to thirty percent of the
5 8 fine or forfeiture imposed.
5 9 2. In the event of multiple offenses, the surcharge shall
5 10 be based upon the total amount of fines or forfeitures imposed
5 11 for all offenses.
5 12 3. When a fine or forfeiture is suspended in whole or in
5 13 part, the court shall reduce the surcharge in proportion to
5 14 the amount suspended.
5 15 4. The surcharge is subject to the provisions of chapter
5 16 909 governing the payment and collection of fines, as provided
5 17 in section 909.8.
5 18 5. The surcharge shall be remitted by the clerk of court
5 19 as provided in section 602.6108, subsection 3.
5 20 Sec. 11. Section 911.2, Code 2003, is amended by striking
5 21 the section and inserting in lieu thereof the following:
5 22 911.2 DRUG ABUSE RESISTANCE EDUCATION SURCHARGE.
5 23 1. In addition to any other surcharge, the court or clerk
5 24 of the district court shall assess a drug abuse resistance
5 25 education surcharge of ten dollars if a violation arises out
5 26 of a violation of an offense provided for in chapter 321J or
5 27 chapter 124, division IV.
5 28 2. In the event of multiple offenses, the surcharge shall
5 29 be imposed for each applicable offense.
5 30 3. The surcharge is subject to the provisions of chapter
5 31 909 governing the payment and collection of fines, as provided
5 32 in section 909.8.
5 33 4. The surcharge shall be remitted by the clerk of court
5 34 as provided in section 602.8108, subsection 4.
5 35 Sec. 12. Section 911.3, Code 2003, is amended by striking
6 1 the section and inserting in lieu thereof the following:
6 2 911.3 LAW ENFORCEMENT INITIATIVE SURCHARGE.
6 3 1. In addition to any other surcharge, the court or clerk
6 4 of the district court shall assess a law enforcement
6 5 initiative surcharge of one hundred twenty=five dollars if an
6 6 adjudication of guilt or a deferred judgment has been entered
6 7 for a criminal violation under any of the following:
6 8 a. Chapter 124, 155A, 453B, 713, 714, 715A, or 716.
6 9 b. Section 719.8, 725.1, 725.2, or 725.3.
6 10 2. In the event of multiple offenses, the surcharge shall
6 11 be imposed for each applicable offense.
6 12 3. The surcharge shall be remitted by the clerk of court
6 13 as provided in section 602.8108, subsection 5.
6 14 EXPLANATION
6 15 This bill relates to the assessment of surcharges in
6 16 criminal proceedings.
6 17 The bill permits a 30 percent criminal penalty surcharge to
6 18 be assessed on fines for parking violations. Current law
6 19 provides that a 30 percent criminal penalty surcharge be
6 20 assessed on all fines for criminal convictions except parking
6 21 violations. Under current law and in the bill, Code section
6 22 602.8108, subsection 3, governs the distribution of revenue
6 23 generated by the assessment of any criminal penalty surcharge.
6 24 The bill provides that the drug abuse resistance education
6 25 surcharge and the law enforcement initiative surcharge be
6 26 remitted by the clerk of the district court to the state court
6 27 administrator just as the criminal penalty surcharge is
6 28 currently. Under current law the clerk of the district court
6 29 remits the drug abuse resistance surcharge and the law
6 30 enforcement initiative surcharge to the treasurer of state.
6 31 The bill provides that the drug abuse resistance and law
6 32 enforcement initiative surcharges be imposed on all applicable
6 33 offenses.
6 34 The bill reorganizes Code chapter 911 by creating a
6 35 separate Code section for each surcharge, but does not create
7 1 a new surcharge, change the surcharge amount that can be
7 2 assessed for a criminal offense, or change the distribution of
7 3 the revenue from the surcharges.
7 4 The bill also amends various Code sections in the bill to
7 5 conform with separating the various surcharges into different
7 6 Code sections.
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