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 allocateeighteen1 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, andeighty=twoseventy=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 tothirtythirty=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