Senate File 89
SENATE FILE
BY DVORSKY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the creation of and the method for imposition
2 of the domestic violence shelter surcharge.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1170SS 80
5 rh/cl/14
PAG LIN
1 1 Section 1. Section 602.8102, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 135C. Assess a domestic violence shelter
1 4 surcharge of ten dollars as provided by section 911.4.
1 5 Sec. 2. Section 602.8107, subsection 4, unnumbered
1 6 paragraph 2, Code 2003, is amended to read as follows:
1 7 This subsection does not apply to amounts collected for
1 8 victim restitution, the victim compensation fund, criminal
1 9 penalty surcharge, law enforcement initiative surcharge,
1 10 domestic violence shelter surcharge, amounts collected as a
1 11 result of procedures initiated under subsection 5 or under
1 12 section 421.17, subsection 25, or sheriff's room and board
1 13 fees.
1 14 Sec. 3. Section 602.8108, Code 2003, is amended by adding
1 15 the following new subsection:
1 16 NEW SUBSECTION. 7. When a court assesses the domestic
1 17 violence shelter surcharge as provided in section 911.4, the
1 18 clerk of court shall remit to the treasurer of state for
1 19 deposit in the general fund of the state all moneys collected
1 20 from the surcharge and the amounts deposited are appropriated
1 21 to the department of justice for the purposes of the costs of
1 22 operation of domestic violence shelters for victims of
1 23 domestic abuse.
1 24 Sec. 4. Section 902.9, unnumbered paragraph 2, Code 2003,
1 25 is amended to read as follows:
1 26 The criminal penalty surcharge required by sections 911.2,
1 27 and 911.3, and 911.4 shall be added to a fine imposed on a
1 28 class "C" or class "D" felon, as provided by those sections,
1 29 and is not a part of or subject to the maximums set in this
1 30 section.
1 31 Sec. 5. Section 903.1, subsection 4, Code 2003, is amended
1 32 to read as follows:
1 33 4. The criminal penalty surcharge surcharges required by
1 34 sections 911.2, and 911.3, and 911.4 shall be added to a fine
1 35 imposed on a misdemeanant, and is are not a part of or subject
2 1 to the maximums set in this section.
2 2 Sec. 6. Section 909.8, Code 2003, is amended to read as
2 3 follows:
2 4 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 5 SURCHARGE.
2 6 The provisions of this chapter governing the payment and
2 7 collection of a fine, except section 909.3A, also apply to the
2 8 payment and collection of surcharges imposed pursuant to
2 9 chapter 911. However, section 909.10 shall not apply to
2 10 surcharges assessed under section sections 911.3 and 911.4.
2 11 Sec. 7. NEW SECTION. 911.4 DOMESTIC VIOLENCE SHELTER
2 12 SURCHARGE.
2 13 In addition to any of the surcharges assessed under this
2 14 chapter, a domestic abuse shelter surcharge of ten dollars
2 15 shall be assessed by the clerk of the district court if an
2 16 adjudication of guilt or a deferred judgment has been entered
2 17 for a criminal violation of section 708.2A.
2 18 EXPLANATION
2 19 This bill provides for the assessment of a $10 surcharge
2 20 for a conviction for domestic abuse assault pursuant to Code
2 21 section 708.2A and provides the method by which the surcharge
2 22 shall be administered.
2 23 The bill provides that the surcharge assessed shall be
2 24 remitted by the clerk of the district court to the treasurer
2 25 of state for deposit in the general fund and appropriated to
2 26 the department of justice for the purposes of the costs of
2 27 operation of domestic violence shelters for victims of
2 28 domestic abuse.
2 29 The bill also provides that the domestic violence shelter
2 30 surcharge shall not be included in the maximum statutory fine
2 31 limits for both misdemeanor and felony domestic abuse assault
2 32 offenses, and further excludes the surcharge from delinquent
2 33 collections provisions.
2 34 LSB 1170SS 80
2 35 rh/cl/14