Senate File 330

                                       SENATE FILE       
                                       BY  COURTNEY

                                       (COMPANION TO LSB 2465HH
                                        BY COHOON)


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

                                      A BILL FOR

  1 An Act relating to courthouse security, and providing for a fee.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2465SS 80
  4 jm/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  356.7A  COURTHOUSE SECURITY ==
  1  2 DISTRIBUTION OF FUNDS.
  1  3    The county board of supervisors may adopt an ordinance
  1  4 establishing a courthouse security fee not to exceed fifteen
  1  5 dollars to be assessed in civil and criminal proceedings
  1  6 pursuant to sections 602.8105 and 602.8106.  All courthouse
  1  7 security moneys collected by the clerk of the district court
  1  8 pursuant to section 602.8105 or 602.8106 shall be deposited
  1  9 into the county general fund and the moneys shall be used for
  1 10 courthouse security purposes including equipment purchasing,
  1 11 maintenance, depreciation, personnel costs, training, and
  1 12 remodeling.
  1 13    Sec. 2.  Section 602.8105, subsection 1, Code 2003, is
  1 14 amended by adding the following new paragraph:
  1 15    NEW PARAGRAPH.  g.  For a first pleading by a party in a
  1 16 civil or small claims case, a courthouse security fee, if
  1 17 authorized, up to fifteen dollars as provided in section
  1 18 356.7A.  A county, municipality, or the state shall not be
  1 19 assessed the courthouse security fee.
  1 20    Sec. 3.  Section 602.8106, subsection 1, Code 2003, is
  1 21 amended by adding the following new paragraph:
  1 22    NEW PARAGRAPH.  g.  For a courthouse security fee, up to
  1 23 fifteen dollars, if authorized.  A courthouse security fee
  1 24 shall be assessed as provided in section 356.7A.  A courthouse
  1 25 security fee shall not be collected if the offense is a
  1 26 scheduled violation that does not require a court appearance.
  1 27 A county, municipality, or the state shall not be assessed the
  1 28 courthouse security fee.
  1 29    Sec. 4.  Section 602.8107, subsection 2, paragraph d, Code
  1 30 2003, is amended to read as follows:
  1 31    d.  Court costs, including correctional fees assessed
  1 32 pursuant to sections 356.7 and 904.108, court=appointed
  1 33 attorney fees, courthouse security fees pursuant to section
  1 34 356.7A, or public defender expenses.
  1 35    Sec. 5.  Section 602.8108, subsection 2, Code 2003, is
  2  1 amended to read as follows:
  2  2    2.  Except as otherwise provided, the clerk of the district
  2  3 court shall report and submit to the state court
  2  4 administrator, not later than the fifteenth day of each month,
  2  5 the fines and fees received during the preceding calendar
  2  6 month.  Except as provided in subsections 4, and 5, and 7, the
  2  7 state court administrator shall deposit the amounts received
  2  8 with the treasurer of state for deposit in the general fund of
  2  9 the state.  The state court administrator shall report to the
  2 10 legislative fiscal bureau within thirty days of the beginning
  2 11 of each fiscal quarter the amount received during the previous
  2 12 quarter in the account established under this section.
  2 13    Sec. 6.  Section 602.8108, Code 2003, is amended by adding
  2 14 the following new subsection:
  2 15    NEW SUBSECTION.  7.  The clerk of the district court shall
  2 16 deposit all courthouse security fees collected into the county
  2 17 general fund in the county where the case is being heard or
  2 18 where the offense occurred and the funds shall be used as
  2 19 provided in section 356.7A.
  2 20                           EXPLANATION
  2 21    This bill relates to courthouse security and provides for a
  2 22 fee.
  2 23    The bill provides that a county board of supervisors may
  2 24 adopt an ordinance assessing a courthouse security fee in
  2 25 criminal and civil proceedings, not to exceed $15.  In civil
  2 26 proceedings under the bill, each party in a civil or small
  2 27 claims case shall be assessed a courthouse security fee if an
  2 28 ordinance has been adopted.  In criminal proceedings under the
  2 29 bill, the defendant shall be assessed the courthouse security
  2 30 fee if an ordinance has been adopted.  The bill provides that
  2 31 a scheduled violation which does not require a court
  2 32 appearance shall not be assessed a courthouse security fee.
  2 33 The bill also provides that a county, municipality, or the
  2 34 state shall not be assessed the fee.
  2 35    The bill provides that the clerk of the district court
  3  1 shall deposit the courthouse security fee into the county
  3  2 general fund in the county where the case is being heard or
  3  3 where the criminal offense occurred.  The bill provides that
  3  4 the moneys related to the courthouse security fee deposited
  3  5 into the county general fund shall be used by the county for
  3  6 courthouse security equipment purchasing, maintenance,
  3  7 depreciation, personnel costs, training, and remodeling.
  3  8 LSB 2465SS 80
  3  9 jm/sh/8