HF 231 (LSB 2189HH (1) 85)

HOUSE FILE 231

BY  KELLEY

A BILL FOR

An Act relating to the assessment of the drug abuse resistance education surcharge.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.3, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   Pursuant to section 901.5, the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, exercise any of the options contained in this section. However, this section does not apply to a forcible felony or, to a violation of chapter 709 committed by a person who is a mandatory reporter of child abuse under section 232.69 in which the victim is a person who is under the age of eighteen, or to the drug abuse resistance education surcharge assessed in section 911.2.
    Sec. 2.  Section 911.2, subsection 2, Code 2013, is amended to read as follows:
   2.  In the event of multiple offenses, the surcharge shall be imposed for each applicable offense. The surcharge shall not
 
also be assessed for any offense for which the court defers the sentence or judgment or suspends the sentence.
EXPLANATION
   This bill relates to the assessment of the drug abuse resistance education surcharge.
   The bill requires the assessment of the drug abuse resistance education surcharge for a deferred judgment or sentence or a suspended sentence.
   The drug abuse resistance education surcharge is assessed for violations of Code chapter 321J (OWI) or Code chapter 124, division IV (controlled substances).
   The amount of the drug abuse resistance education surcharge is $10 for each violation and is distributed to the governor’s office of drug control policy pursuant to Code section 602.8108(4).