Senate File 142 SENATE FILE BY BOLKCOM Passed Senate, Date Passed House, 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 1056XS 80 6 jm/pj/5 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 41.1. 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 penaltyA 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 35The criminal penaltyA 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 thedrug abuse resistance education surcharge3 6 surcharges as provided by section911.2911.3. 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 surchargea 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 insubsections 4 and 53 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 penaltyA 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, andthe criminal 4 21 penaltya 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, andthe 4 35 criminal penaltya 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, orcriminalsurcharge 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 1056XS 80 6 21 jm/pj/5.1