Senate File 2223 - Introduced SENATE FILE 2223 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3026) A BILL FOR An Act relating to the deferral of costs and fees in a court 1 proceeding for persons unable to pay such costs and fees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5390SV (2) 83 jm/rj
S.F. 2223 Section 1. Section 610.1, unnumbered paragraph 1, Code 1 2009, is amended to read as follows: 2 A court of the district court, court of appeals, or supreme 3 court shall authorize the commencement, prosecution, or 4 defense of a suit, action, proceeding, or appeal, whether 5 civil or criminal, through conviction, final judgment, or 6 decree, without the prepayment of fees, costs, or security 7 upon a showing that the person is unable to pay such costs or 8 give security. The person shall submit an affidavit stating 9 the nature of the suit, action, proceeding, or appeal and the 10 affiant’s belief that there is an entitlement to redress. 11 Such affidavit shall also include a brief financial statement 12 showing the person’s inability to pay costs, fees, or give 13 security. Any authorization to proceed without prepayment of 14 fees, costs, or security under this chapter may be made by the 15 court without hearing. The filing of an affidavit to proceed 16 without the prepayment of fees, costs, or security tolls the 17 applicable statute of limitations. Upon the denial of an 18 application and affidavit to proceed without the prepayment of 19 fees, costs, or security, the person shall have the remainder 20 of the limitations period in which to pay fees, costs, or give 21 security. This section does not allow the deferral of the cost 22 of a transcript. 23 Sec. 2. Section 610.3, Code 2009, is amended to read as 24 follows: 25 610.3 Deferral of costs. 26 When an application and supporting affidavit are filed and 27 approved by the court and a civil or criminal proceeding is 28 instituted, the court shall order that all fees, costs, and 29 security be deferred until after final disposition of the 30 proceeding. 31 Sec. 3. Section 610A.1, unnumbered paragraph 1, Code 2009, 32 is amended to read as follows: 33 Notwithstanding section 610.1 , 610.3, or 822.5, if the 34 person bringing a civil action or appeal is an inmate of an 35 -1- LSB 5390SV (2) 83 jm/rj 1/ 2
S.F. 2223 institution or facility under the control of the department 1 of corrections or a prisoner of a county or municipal jail or 2 detention facility, the inmate or prisoner shall pay in full 3 all fees and costs associated with the action or appeal. 4 EXPLANATION 5 This bill relates to deferral of costs (in forma pauperis) in 6 court proceedings. 7 The bill requires the court to authorize the commencement of 8 a court proceeding including criminal or civil matters through 9 conviction, final judgment, or decree, upon a showing a party 10 is unable to pay the fees and costs of such a proceeding. 11 The bill also specifies that all fees and costs, upon a 12 showing a party is unable to pay, be deferred until after final 13 disposition of the proceeding. 14 The bill does not affect provisions requiring an inmate or 15 prisoner to pay a portion of a filing fee related to any court 16 action as provided in Code section 610A.1. 17 -2- LSB 5390SV (2) 83 jm/rj 2/ 2