Senate Study Bill 3026 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to the assessment of fees and court costs in 1 certain criminal cases, and providing for a fee. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5235XD (4) 86 jm/rj

S.F. _____ H.F. _____ Section 1. Section 602.8106, subsection 1, paragraph a, 1 Code 2016, is amended to read as follows: 2 a. (1) Except as otherwise provided in paragraphs “b” and 3 “c” , for filing and docketing a criminal case to be paid by the 4 county or city which has the duty to prosecute the criminal 5 action, payable as provided in section 602.8109 , one hundred 6 dollars. When judgment is rendered against the defendant, 7 costs collected from the defendant shall be paid to the county 8 or city which has the duty to prosecute the criminal action to 9 the extent necessary for reimbursement for fees paid. 10 (2) However, the fees which are payable by the county to the 11 clerk of the district court for services rendered in criminal 12 actions prosecuted under state law and the court costs taxed 13 in connection with the trial of those actions or appeals from 14 the judgments in those actions are waived for the county . When 15 judgment is entered in a case prosecuted under state law by the 16 county, the fees and court costs are recoverable by the state 17 from the defendant unless the defendant is found not guilty or 18 the action is dismissed. 19 Sec. 2. Section 602.8106, subsection 1, Code 2016, is 20 amended by adding the following new paragraph: 21 NEW PARAGRAPH . 0b. For filing and docketing a complaint 22 or information for an indictable offense, one hundred dollars. 23 When judgment is rendered against the defendant, the fee shall 24 be assessed against the defendant. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the assessment of fees and court costs 29 in certain criminal offenses. 30 The bill specifies that the fees and court costs payable 31 by the county to the clerk of the district court to prosecute 32 criminal cases under state law are waived for the county. 33 The bill provides that when a judgment is entered in a 34 criminal case prosecuted under state law by the county, the 35 -1- LSB 5235XD (4) 86 jm/rj 1/ 2

S.F. _____ H.F. _____ fees and court costs are recoverable by the state from the 1 defendant unless the defendant is found not guilty or the case 2 is dismissed. 3 The bill also specifies that the filing and docketing fee for 4 a complaint or information for an indictable offense is $100. 5 The bill provides that when a judgment is rendered against the 6 defendant in an indictable offense, the fee shall be assessed 7 against the defendant. 8 -2- LSB 5235XD (4) 86 jm/rj 2/ 2