House File 51 - Introduced
HOUSE FILE
BY BOAL and HOGG
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, creating a
2 criminalistics laboratory fund, and appropriating criminal
3 penalty surcharge moneys to the fund.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1168HH 81
6 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 six percent to be deposited in the criminalistics laboratory
1 13 fund established in subsection 9, seventeen percent to be
1 14 deposited in the victim compensation fund established in
1 15 section 915.94, and eighty=two seventy=seven percent to be
1 16 deposited in the general fund.
1 17 Sec. 2. Section 602.8108, Code 2005, is amended by adding
1 18 the following new subsection:
1 19 NEW SUBSECTION. 9. A criminalistics laboratory fund is
1 20 created as a separate fund in the state treasury under the
1 21 control of the department of public safety. The fund shall
1 22 consist of appropriations made to the fund and transfers of
1 23 interest, earnings, and moneys required to be collected for
1 24 deposit in the fund, including moneys received from the
1 25 criminal penalty surcharge provided in section 911.1. All
1 26 moneys in the fund are appropriated to the department of
1 27 public safety for use by the department in criminalistics
1 28 laboratory equipment purchasing, maintenance, depreciation,
1 29 and training. Any balance in the fund on June 30 of any
1 30 fiscal year shall not revert to any other fund of the state
1 31 but shall remain available for the purposes described in this
1 32 subsection.
1 33 Sec. 3. Section 911.1, subsection 1, Code 2005, is amended
1 34 to read as follows:
1 35 1. A criminal penalty surcharge shall be levied against
2 1 law violators as provided in this section. When a court
2 2 imposes a fine or forfeiture for a violation of state law, or
2 3 a city or county ordinance, except an ordinance regulating the
2 4 parking of motor vehicles, the court or the clerk of the
2 5 district court shall assess an additional penalty in the form
2 6 of a criminal penalty surcharge equal to thirty thirty=two
2 7 percent of the fine or forfeiture imposed.
2 8 EXPLANATION
2 9 This bill makes changes to the criminal penalty surcharge
2 10 and creates a criminalistics laboratory fund.
2 11 The bill increases the criminal penalty surcharge from 30
2 12 percent to 32 percent of any fine or forfeiture imposed for a
2 13 violation of any state law or city or county ordinance, except
2 14 parking violations. The bill requires that 6 percent of the
2 15 criminal penalty surcharge be deposited into the
2 16 criminalistics laboratory fund. The bill also requires that
2 17 17 percent of the criminal penalty surcharge be distributed to
2 18 the victim compensation fund and 77 percent be distributed to
2 19 the general fund of the state. Current law distributes 18
2 20 percent of the criminal penalty surcharge to the victim
2 21 compensation fund and 82 percent to the general fund of the
2 22 state, but does not provide for a distribution to the
2 23 criminalistics laboratory fund. The reduced percentages of
2 24 the criminal penalty surcharges distributed to the victim
2 25 compensation fund and to the general fund of the state are
2 26 offset by increasing the criminal penalty surcharge from 30
2 27 percent to 32 percent.
2 28 The bill creates the criminalistics laboratory fund under
2 29 the control of the department of public safety and
2 30 appropriates moneys in the fund to the department for
2 31 criminalistics laboratory equipment purchasing, maintenance,
2 32 depreciation, and training. The criminalistics laboratory is
2 33 created in Code section 691.1. Any balance in the fund on
2 34 June 30 of any fiscal year shall not revert to any other fund
2 35 in the state and shall remain available for the purposes
3 1 described in the bill.
3 2 LSB 1168HH 81
3 3 jm/pj/5