House Study Bill 137 SENATE/HOUSE FILE BY (PROPOSED JUDICIAL BRANCH BILL) Passed Senate, Date Passed House, 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 1374DP 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 ................5.001 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. If the court revokes the probation of 1 14 a defendant who receives a deferred judgment, the court shall 1 15 not rescind or modify the civil penalty assessed pursuant to 1 16 section 907.14. 1 17 EXPLANATION 1 18 This bill relates to assessing civil and criminal court 1 19 fees and penalties. 1 20 The bill provides that the clerk of the district court 1 21 shall collect a fee upon the filing of a motion to show cause 1 22 in a probation revocation proceeding equal to the fee for 1 23 filing and docketing a complaint, information, or citation in 1 24 the underlying case from which the motion arises. 1 25 The bill increases the fee for filing and indexing a 1 26 transcript in a probate proceeding from $5 to $50. 1 27 Under the bill, if the court revokes the probation of a 1 28 defendant who receives a deferred judgment, the court shall 1 29 not rescind or modify the civil penalty assessed against that 1 30 person pursuant to Code section 907.14. 1 31 LSB 1374DP 82 1 32 jm:nh/je/5