House File 842 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 137)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the assessment of civil and criminal court
  2    fees and penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1374HV 82
  5 jm/je/5

PAG LIN



  1  1    Section 1.  Section 602.8106, subsection 1, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  h.  For a motion to show cause in a
  1  4 probation revocation, the fee shall be the same amount as the
  1  5 fee for filing and docketing a complaint, information, or
  1  6 citation for the underlying case from which the motion arises.
  1  7    Sec. 2.  Section 633.31, subsection 2, paragraph c, Code
  1  8 2007, is amended to read as follows:
  1  9    c.  For filing and indexing a transcript ................ 5.00
  1 10                                                             50.00
  1 11    Sec. 3.  Section 908.11, Code 2007, is amended by adding
  1 12 the following new subsection:
  1 13    NEW SUBSECTION.  5.  Notwithstanding any other provision of
  1 14 law to the contrary, if the court revokes the probation of a
  1 15 defendant who received a deferred judgment and imposes a fine,
  1 16 the court shall reduce the amount of the fine by an amount
  1 17 equal to the amount of the civil penalty previously assessed
  1 18 against the defendant pursuant to section 907.14.
  1 19                           EXPLANATION
  1 20    This bill relates to assessing civil and criminal court
  1 21 fees and penalties.
  1 22    The bill provides that the clerk of the district court
  1 23 shall collect a fee upon the filing of a motion to show cause
  1 24 in a probation revocation proceeding equal to the fee for
  1 25 filing and docketing a complaint, information, or citation in
  1 26 the underlying case from which the motion arises.
  1 27    The bill increases the fee for filing and indexing a
  1 28 transcript in a probate proceeding from $5 to $50.
  1 29    Under the bill, if the court revokes the probation of a
  1 30 defendant who received a deferred judgment, the court shall
  1 31 reduce the amount of the fine by an amount equal to the amount
  1 32 of the civil penalty previously assessed against the defendant
  1 33 pursuant to Code section 907.14.
  1 34 LSB 1374HV 82
  1 35 jm:nh/je/5