Senate Study Bill 1139 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


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

                                      A BILL FOR

  1 An Act relating to the assessment of city and county fines.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1947XC 83
  4 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 331.302, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  A For a violation of an ordinance a county shall not
  1  4 provide a penalty in excess of a five hundred dollar the
  1  5 maximum fine or in excess of thirty days and term of
  1  6 imprisonment for the violation of an ordinance a simple
  1  7 misdemeanor under section 903.1, subsection 1, paragraph "a".
  1  8 The criminal penalty surcharge required by section 911.1 shall
  1  9 be added to a county fine and is not a part of the county's
  1 10 penalty.
  1 11    Sec. 2.  Section 331.302, subsection 4A, paragraph a,
  1 12 subparagraph (2), Code 2009, is amended to read as follows:
  1 13    (2)  A portion of the Code of Iowa may be adopted by
  1 14 reference only if the criminal penalty provided by the law
  1 15 adopted does not exceed thirty days the maximum fine and term
  1 16 of imprisonment and a five hundred dollar fine for a simple
  1 17 misdemeanor under section 903.1, subsection 1, paragraph "a".
  1 18    Sec. 3.  Section 364.3, subsection 2, Code 2009, is amended
  1 19 to read as follows:
  1 20    2.  A For a violation of an ordinance a city shall not
  1 21 provide a penalty in excess of a five hundred dollar the
  1 22 maximum fine or in excess of thirty days' and term of
  1 23 imprisonment for the violation of an ordinance a simple
  1 24 misdemeanor under section 903.1, subsection 1, paragraph "a".
  1 25 An amount equal to ten percent of all fines collected by
  1 26 cities shall be deposited in the account established in
  1 27 section 602.8108.  However, one hundred percent of all fines
  1 28 collected by a city pursuant to section 321.236, subsection 1,
  1 29 shall be retained by the city.  The criminal penalty surcharge
  1 30 required by section 911.1 shall be added to a city fine and is
  1 31 not a part of the city's penalty.
  1 32    Sec. 4.  Section 380.10, subsection 2, Code 2009, is
  1 33 amended to read as follows:
  1 34    2.  A portion of the Code of Iowa may be adopted by
  1 35 reference only if the criminal penalty provided by the law
  2  1 adopted does not exceed thirty days' the maximum fine and term
  2  2 of imprisonment and a five hundred dollar fine for a simple
  2  3 misdemeanor under section 903.1, subsection 1, paragraph "a".
  2  4                           EXPLANATION
  2  5    This bill relates to the assessment of city and county
  2  6 fines.
  2  7    The bill equalizes the maximum fine and term of
  2  8 imprisonment for a city or county ordinance violation with the
  2  9 maximum fine and imprisonment for a simple misdemeanor in Code
  2 10 section 903.1.
  2 11    Current law provides that the maximum fine for a city or
  2 12 county violation shall not exceed $500 and the maximum term of
  2 13 imprisonment shall not exceed 30 days in jail.
  2 14    A simple misdemeanor is punishable by confinement for no
  2 15 more than 30 days or a fine of at least $65 but not more than
  2 16 $625, or by both.
  2 17 LSB 1947XC 83
  2 18 jm/rj/8