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:
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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.
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