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