House File 136 - Introduced HOUSE FILE 136 BY WOLFE A BILL FOR An Act relating to the assessment of the law enforcement 1 initiative surcharge. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1582HH (3) 85 jm/nh

H.F. 136 Section 1. Section 602.8108, subsection 5, Code 2013, is 1 amended to read as follows: 2 5. a. The clerk of the district court shall remit all 3 moneys collected from the assessment of the law enforcement 4 initiative surcharge provided in under section 911.3 , 5 subsection 1, paragraphs “a” and “b” , to the state court 6 administrator no later than the fifteenth day of each month for 7 deposit in the general fund of the state. 8 b. The clerk of the district court shall remit all moneys 9 collected from the assessment of the law enforcement initiative 10 surcharge under section 911.3, subsection 1, paragraphs 11 “c” and “d” , to the state court administrator no later than 12 the fifteenth day of each month for deposit in the victim 13 compensation fund established in section 915.94. 14 Sec. 2. Section 911.3, subsection 1, paragraph b, Code 2013, 15 is amended to read as follows: 16 b. Section 719.7 , 719.8 , or 725.1 , 725.2 , or 725.3 . 17 Sec. 3. Section 911.3, subsection 1, Code 2013, is amended 18 by adding the following new paragraphs: 19 NEW PARAGRAPH . c. Section 725.2 or 725.3. 20 NEW PARAGRAPH . d. The Iowa criminal code that is classified 21 as a sex offense under section 692A.102, except for the 22 offenses listed in paragraph “c” of this subsection. 23 Sec. 4. Section 915.94, Code 2013, is amended to read as 24 follows: 25 915.94 Victim compensation fund. 26 1. A victim compensation fund is established as a separate 27 fund in the state treasury. Moneys deposited in the fund shall 28 be administered by the department and dedicated to and used for 29 the purposes of section 915.41 and this subchapter . 30 2. In addition, the department may use moneys from the fund 31 for the purpose of the department’s prosecutor-based victim 32 service coordination, including the duties defined in sections 33 910.3 and 910.6 and this chapter , and for the award of funds 34 to programs that provide services and support to victims of 35 -1- LSB 1582HH (3) 85 jm/nh 1/ 3

H.F. 136 domestic abuse or sexual assault as provided in chapter 236 , 1 to victims under section 710A.2 , and for the support of an 2 automated victim notification system established in section 3 915.10A . 4 3. Moneys deposited in the fund pursuant to section 5 602.8108, subsection 5, paragraph “b” , shall be segregated 6 in the fund and used for victims of domestic abuse or sexual 7 assault. 8 4. The department may also use up to one hundred thousand 9 dollars from the fund to provide training for victim service 10 providers. 11 5. Notwithstanding section 8.33 , any balance in the fund on 12 June 30 of any fiscal year shall not revert to the general fund 13 of the state. 14 EXPLANATION 15 This bill relates to the assessment of the law enforcement 16 initiative surcharge. 17 The bill expands the number of criminal offenses that can 18 be assessed the $125 law enforcement initiative surcharge. 19 Under the bill, the law enforcement initiative surcharge shall 20 be assessed in any case where an adjudication of guilt or a 21 deferred judgment has been entered for a sex offense listed in 22 Code section 692A.102. 23 The bill also bifurcates the use of the moneys collected from 24 the assessment of the law enforcement initiative surcharge. 25 Currently, all moneys collected from the law enforcement 26 initiative surcharge are required to be deposited into the 27 general fund of the state. The moneys collected from the 28 assessment of the surcharge for sex offenses under the bill are 29 required to be deposited into the victim compensation fund and 30 be used for victims of domestic abuse or sexual assault. 31 The bill also specifies that the law enforcement initiative 32 surcharge currently collected for a violation of Code section 33 725.2 (pimping) or 725.3 (pandering) is to be deposited 34 into the victim compensation fund and be used for victims of 35 -2- LSB 1582HH (3) 85 jm/nh 2/ 3

H.F. 136 domestic abuse or sexual assault. Current law specifies the 1 law enforcement initiative surcharge collected for a violation 2 of Code sections 725.2 (pimping) and 725.3 (pandering) is to be 3 deposited into the general fund of the state. 4 -3- LSB 1582HH (3) 85 jm/nh 3/ 3