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, and after 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, thirty fifty
  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, thirty
  3  3 fifty dollars.
  3  4    d.  The court costs in scheduled violation cases where a
  3  5 court appearance is required, thirty fifty dollars.
  3  6    e.  For court costs in scheduled violation cases where a
  3  7 court appearance is not required, thirty fifty 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, 2005
  3 26 2006, and for each fiscal year thereafter, seven thirteen
  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 person charged 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