House Study Bill 749 HOUSE FILE BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON RAECKER) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to assessing court costs, providing for indigent 2 defense, and making appropriations to the judicial branch and 3 department of inspections and appeals. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6531YC 81 6 jm/je/5 PAG LIN 1 1 Section 1. Section 602.1304, subsection 2, paragraph b, 1 2 Code Supplement 2005, is amended to read as follows: 1 3 b. For each fiscal year, a judicial collection estimate 1 4 for that fiscal year shall be equally and proportionally 1 5 divided into a quarterly amount. The judicial collection 1 6 estimate shall be calculated by using the state revenue 1 7 estimating conference estimate made by December 15 pursuant to 1 8 section 8.22A, subsection 3, of the total amount of fines, 1 9 fees, civil penalties, costs, surcharges, and other revenues 1 10 collected by judicial officers and court employees for deposit 1 11 into the general fund of the state. The revenue estimating 1 12 conference estimate shall be reduced by the maximum amounts 1 13 allocated to the Iowa prison infrastructure fund pursuant to 1 14 section 602.8108A, the court technology and modernization fund 1 15 pursuant to section 602.8108, subsection 7, the judicial 1 16 branch pursuant to section 602.8108, subsection 8, the 1 17 department of inspections and appeals pursuant to section 1 18 602.8108, subsection 8A, and the road use tax fund pursuant to 1 19 section 602.8108, subsection 9, and the remainder shall be the 1 20 judicial collection estimate. In each quarter of a fiscal 1 21 year, after revenues collected by judicial officers and court 1 22 employees equal to that quarterly amount are deposited into 1 23 the general fund of the state, after the required amount is 1 24 deposited during the quarter into the Iowa prison 1 25 infrastructure fund pursuant to section 602.8108A and into the 1 26 court technology and modernization fund pursuant to section 1 27 602.8108, subsection 7,andafter the required amount is 1 28 allocated to the judicial branch pursuant to section 602.8108, 1 29 subsection 8, and after the required amount is allocated to 1 30 the department of inspections and appeals pursuant to section 1 31 602.8108, subsection 8A, the director of the department of 1 32 administrative services shall deposit the remaining revenues 1 33 for that quarter into the enhanced court collections fund in 1 34 lieu of the general fund. However, after total deposits into 1 35 the collections fund for the fiscal year are equal to the 2 1 maximum deposit amount established for the collections fund, 2 2 remaining revenues for that fiscal year shall be deposited 2 3 into the general fund. If the revenue estimating conference 2 4 agrees to a different estimate at a later meeting which 2 5 projects a lesser amount of revenue than the initial estimate 2 6 amount used to calculate the judicial collection estimate, the 2 7 director of the department of administrative services shall 2 8 recalculate the judicial collection estimate accordingly. If 2 9 the revenue estimating conference agrees to a different 2 10 estimate at a later meeting which projects a greater amount of 2 11 revenue than the initial estimate amount used to calculate the 2 12 judicial collection estimate, the director of the department 2 13 of administrative services shall recalculate the judicial 2 14 collection estimate accordingly but only to the extent that 2 15 the greater amount is due to an increase in the fines, fees, 2 16 civil penalties, costs, surcharges, or other revenues allowed 2 17 by law to be collected by judicial officers and court 2 18 employees. 2 19 Sec. 2. Section 602.8106, subsection 1, paragraphs a, b, 2 20 d, and e, Code Supplement 2005, are amended to read as 2 21 follows: 2 22 a. Except as otherwise provided in paragraphs "b" and "c", 2 23 for filing and docketing a criminal case to be paid by the 2 24 county or city which has the duty to prosecute the criminal 2 25 action, payable as provided in section 602.8109,thirtyfifty 2 26 dollars. When judgment is rendered against the defendant, 2 27 costs collected from the defendant shall be paid to the county 2 28 or city which has the duty to prosecute the criminal action to 2 29 the extent necessary for reimbursement for fees paid. 2 30 However, the fees which are payable by the county to the clerk 2 31 of the district court for services rendered in criminal 2 32 actions prosecuted under state law and the court costs taxed 2 33 in connection with the trial of those actions or appeals from 2 34 the judgments in those actions are waived. 2 35 b. For filing and docketing of a complaint or information 3 1 for a simple misdemeanor and a complaint or information for a 3 2 nonscheduled simple misdemeanor under chapter 321,thirty3 3 fifty dollars. 3 4 d. The court costs in scheduled violation cases where a 3 5 court appearance is required,thirtyfifty dollars. 3 6 e. For court costs in scheduled violation cases where a 3 7 court appearance is not required,thirtyfifty dollars. 3 8 Sec. 3. Section 602.8108, subsection 2, Code Supplement 3 9 2005, is amended to read as follows: 3 10 2. Except as otherwise provided, the clerk of the district 3 11 court shall report and submit to the state court 3 12 administrator, not later than the fifteenth day of each month, 3 13 the fines and fees received during the preceding calendar 3 14 month. Except as provided in subsections 3, 4, 5, 7, 8, 8A, 3 15 and 9, the state court administrator shall deposit the amounts 3 16 received with the treasurer of state for deposit in the 3 17 general fund of the state. The state court administrator 3 18 shall report to the legislative services agency within thirty 3 19 days of the beginning of each fiscal quarter the amount 3 20 received during the previous quarter in the account 3 21 established under this section. 3 22 Sec. 4. Section 602.8108, subsection 8, Code Supplement 3 23 2005, is amended to read as follows: 3 24 8. The state court administrator shall allocate to the 3 25 judicial branch for the fiscal year beginning July 1,20053 26 2006, and for each fiscal year thereafter,seventhirteen 3 27 million dollars of the moneys received annually under 3 28 subsection 2, to be used for salaries of supreme court 3 29 justices, appellate court judges, district court judges, 3 30 district associate judges, judicial magistrates and staff, 3 31 state court administrator, clerk of the supreme court, 3 32 district court administrators, clerks of the district court, 3 33 juvenile court officers, board of law examiners and board of 3 34 examiners of shorthand reporters and judicial qualifications 3 35 commission, receipt and disbursement of child support 4 1 payments, reimbursement of the auditor of state for expenses 4 2 incurred in completing audits of the offices of the clerks of 4 3 the district court during the fiscal year, and maintenance, 4 4 equipment, and miscellaneous purposes. 4 5 Sec. 5. Section 602.8108, Code Supplement 2005, is amended 4 6 by adding the following new subsection: 4 7 NEW SUBSECTION. 8A. The state court administrator shall 4 8 allocate to the office of the state public defender of the 4 9 department of inspections and appeals for the fiscal year 4 10 beginning July 1, 2006, and for each fiscal year thereafter, 4 11 two million eight hundred thousand dollars of the moneys 4 12 received annually under subsection 2, to be used for fees of 4 13 court=appointed attorneys for indigent adults and juveniles, 4 14 in accordance with section 232.141 and chapter 815. 4 15 Sec. 6. Section 815.7, Code 2005, is amended to read as 4 16 follows: 4 17 815.7 FEES TO ATTORNEYS. 4 18 An attorney who has not entered into a contract authorized 4 19 under section 13B.4 and who is appointed by the court to 4 20 represent any personcharged with a crime in this state, 4 21 seeking postconviction relief, against whom a contempt action 4 22 is pending, appealing a criminal conviction, appealing a 4 23 denial of postconviction relief, or subject to a proceeding 4 24 under section 811.1A or chapter 229A or 812, or to serve as 4 25 counsel for any person or guardian ad litem for any child in 4 26 juvenile court,pursuant to section 814.11 or 815.10 shall be 4 27 entitled to reasonable compensation and expenses. For 4 28 appointments made on or after July 1, 1999, through June 30, 4 29 2006, the reasonable compensation shall be calculated on the 4 30 basis of sixty dollars per hour for class "A" felonies, fifty= 4 31 five dollars per hour for class "B" felonies, and fifty 4 32 dollars per hour for all other cases. For appointments made 4 33 on or after July 1, 2006, the reasonable compensation shall be 4 34 calculated on the basis of sixty=five dollars per hour for 4 35 class "A" felonies, sixty dollars per hour for class "B" 5 1 felonies, and fifty=five dollars per hour for all other cases. 5 2 The expenses shall include any sums as are necessary for 5 3 investigations in the interest of justice, and the cost of 5 4 obtaining the transcript of the trial record and briefs if an 5 5 appeal is filed. The attorney need not follow the case into 5 6 another county or into the appellate court unless so directed 5 7 by the court. If the attorney follows the case into another 5 8 county or into the appellate court, the attorney shall be 5 9 entitled to compensation as provided in this section. Only 5 10 one attorney fee shall be so awarded in any one case except 5 11 that in class "A" felony cases, two may be authorized. 5 12 EXPLANATION 5 13 This bill relates to assessing court costs, providing for 5 14 indigent defense, and making appropriations to the judicial 5 15 branch and department of inspections and appeals. 5 16 The bill provides for an increase in the fee charged by the 5 17 clerk of the district court for filing and docketing a 5 18 criminal case from $30 to $50. The bill also increases the 5 19 court costs for a scheduled violation from $30 to $50. 5 20 The bill directs the state court administrator to allocate 5 21 $13 million annually, from fines and fees collected by the 5 22 clerk of the district court, to the judicial branch to be used 5 23 for salaries, maintenance, equipment, and other miscellaneous 5 24 purposes. The amount of the allocation in the bill is 5 25 excluded from the calculation of the judicial collection 5 26 estimate for each fiscal year. Current law directs the state 5 27 court administrator to allocate $7 million to the judicial 5 28 branch. 5 29 The bill also directs the state court administrator to 5 30 allocate $2.8 million from the fines and fees collected by the 5 31 clerk of the district court to the office of the state public 5 32 defender of the department of inspections and appeals for FY 5 33 2006=2007 and every fiscal year thereafter. The funds 5 34 allocated to the office of the state public defender are to be 5 35 used to compensate court=appointed attorneys for representing 6 1 indigent adults and juveniles. 6 2 The bill increases the hourly reimbursement rates for 6 3 attorneys representing an indigent person. The bill raises 6 4 the hourly rate from $60 to $65 for class "A" felonies, $55 to 6 5 $60 for class "B" felonies, and $50 to $55 for all other 6 6 cases. 6 7 LSB 6531YC 81 6 8 jm:jp/je/5