House File 123 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HF 51)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal penalty surcharge and creating a
2 criminalistics laboratory fund.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1168HV 81
5 jm/pj/5
PAG LIN
1 1 Section 1. Section 602.8108, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. The clerk of the district court shall remit to the
1 4 state court administrator, not later than the fifteenth day of
1 5 each month, ninety=five percent of all moneys collected from
1 6 the criminal penalty surcharge provided in section 911.1
1 7 during the preceding calendar month. The clerk shall remit
1 8 the remainder to the county treasurer of the county that was
1 9 the plaintiff in the action or to the city that was the
1 10 plaintiff in the action. Of the amount received from the
1 11 clerk, the state court administrator shall allocate eighteen
1 12 seventeen percent to be deposited in the victim compensation
1 13 fund established in section 915.94, and eighty=two eighty=
1 14 three percent to be deposited in the general fund.
1 15 Sec. 2. Section 602.8108, Code 2005, is amended by adding
1 16 the following new subsection:
1 17 NEW SUBSECTION. 9. A criminalistics laboratory fund is
1 18 created as a separate fund in the state treasury under the
1 19 control of the department of public safety. The fund shall
1 20 consist of appropriations made to the fund and transfers of
1 21 interest, and earnings. All moneys in the fund are
1 22 appropriated to the department of public safety for use by the
1 23 department in criminalistics laboratory equipment purchasing,
1 24 maintenance, depreciation, and training. Any balance in the
1 25 fund on June 30 of any fiscal year shall not revert to any
1 26 other fund of the state but shall remain available for the
1 27 purposes described in this subsection.
1 28 Sec. 3. Section 911.1, subsection 1, Code 2005, is amended
1 29 to read as follows:
1 30 1. A criminal penalty surcharge shall be levied against
1 31 law violators as provided in this section. When a court
1 32 imposes a fine or forfeiture for a violation of state law, or
1 33 a city or county ordinance, except an ordinance regulating the
1 34 parking of motor vehicles, the court or the clerk of the
1 35 district court shall assess an additional penalty in the form
2 1 of a criminal penalty surcharge equal to thirty thirty=two
2 2 percent of the fine or forfeiture imposed.
2 3 EXPLANATION
2 4 This bill makes changes to the criminal penalty surcharge
2 5 and creates a criminalistics laboratory fund.
2 6 The bill increases the criminal penalty surcharge from 30
2 7 percent to 32 percent of any fine or forfeiture imposed for a
2 8 violation of any state law or city or county ordinance, except
2 9 parking violations.
2 10 The bill also requires that 17 percent of the criminal
2 11 penalty surcharge remitted to the state be distributed to the
2 12 victim compensation fund and 83 percent be distributed to the
2 13 general fund of the state. Current law distributes 18 percent
2 14 of the criminal penalty surcharge remitted to the state to the
2 15 victim compensation fund and 82 percent to the general fund of
2 16 the state.
2 17 The bill creates the criminalistics laboratory fund under
2 18 the control of the department of public safety for
2 19 criminalistics laboratory equipment purchasing, maintenance,
2 20 depreciation, and training. Any balance in the fund on June
2 21 30 of any fiscal year shall not revert to any other fund in
2 22 the state and shall remain available for the purposes
2 23 described in the bill.
2 24 The criminalistics laboratory is created in Code section
2 25 691.1.
2 26 LSB 1168HV 81
2 27 jm:rj/pj/5