HF 136 (LSB 1582HH (3) 85)

HOUSE FILE 136

BY  WOLFE

A BILL FOR

An Act relating to the assessment of the law enforcement initiative surcharge.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8108, subsection 5, Code 2013, is amended to read as follows:
   5.
  a.  The clerk of the district court shall remit all moneys collected from the assessment of the law enforcement initiative surcharge provided in
 
under section 911.3, subsection 1, paragraphs “a” and “b”, to the state court administrator no later than the fifteenth day of each month for deposit in the general fund of the state.
   b.  The clerk of the district court shall remit all moneys collected from the assessment of the law enforcement initiative surcharge under section 911.3, subsection 1, paragraphs “c” and “d”, to the state court administrator no later than the fifteenth day of each month for deposit in the victim compensation fund established in section 915.94.
    Sec. 2.  Section 911.3, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  Section 719.7, 719.8,
 
or 725.1, 725.2, or 725.3.
    Sec. 3.  Section 911.3, subsection 1, Code 2013, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  Section 725.2 or 725.3.
   NEW PARAGRAPH.  d.  The Iowa criminal code that is classified as a sex offense under section 692A.102, except for the offenses listed in paragraph “c” of this subsection.
    Sec. 4.  Section 915.94, Code 2013, is amended to read as follows:
   915.94  Victim compensation fund.
   1.  A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter.
   2.  In addition, the department may use moneys from the fund for the purpose of the department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A.
   3.  Moneys deposited in the fund pursuant to section 602.8108, subsection 5, paragraph “b”, shall be segregated in the fund and used for victims of domestic abuse or sexual assault.
   4.  The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers.
   5.  Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
EXPLANATION
   This bill relates to the assessment of the law enforcement initiative surcharge. 
   The bill expands the number of criminal offenses that can be assessed the $125 law enforcement initiative surcharge. Under the bill, the law enforcement initiative surcharge shall be assessed in any case where an adjudication of guilt or a deferred judgment has been entered for a sex offense listed in Code section 692A.102.
   The bill also bifurcates the use of the moneys collected from the assessment of the law enforcement initiative surcharge. Currently, all moneys collected from the law enforcement initiative surcharge are required to be deposited into the general fund of the state. The moneys collected from the assessment of the surcharge for sex offenses under the bill are required to be deposited into the victim compensation fund and be used for victims of domestic abuse or sexual assault.
   The bill also specifies that the law enforcement initiative surcharge currently collected for a violation of Code section 725.2 (pimping) or 725.3 (pandering) is to be deposited into the victim compensation fund and be used for victims of domestic abuse or sexual assault. Current law specifies the law enforcement initiative surcharge collected for a violation of Code sections 725.2 (pimping) and 725.3 (pandering) is to be deposited into the general fund of the state.