House Study Bill 508 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON CARLSON) A BILL FOR An Act establishing a text messaging notification and payment 1 system for certain citations and informations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5113YC (4) 87 jm/rj

H.F. _____ Section 1. Section 602.8102, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 0105B. Facilitate the establishment of 3 a text messaging notification and payment system pursuant to 4 section 602.8106A. 5 Sec. 2. NEW SECTION . 602.8106A Text messaging notification 6 and payment system. 7 1. As used in this section, unless the context otherwise 8 requires: 9 a. “Court debt” means the same as defined in section 10 602.8107. 11 b. “Fine” includes a fine, penalty, fee, surcharge, court 12 costs, or forfeited bail. 13 c. “Text messaging” means a text-based message. 14 2. a. The judicial branch shall contract with a private 15 vendor for the establishment of a voluntary notification and 16 payment system that utilizes text messaging for the delivery 17 of citation and complaint and information copies, for court 18 appearance reminders, and for the payment of fines for local 19 traffic violations, for simple misdemeanor violations of 20 chapter 321, or for other violations when no court appearance 21 is required prior to an admission of guilt. 22 b. The text messaging notification and payment system shall 23 account for the delivery of the citation and complaint or the 24 information when admitting to a violation pursuant to the 25 procedures established under section 805.9. 26 c. The vendor contract shall provide for a collection fee of 27 up to six percent of the amount of the fine. The collection fee 28 shall be added to the amount of the fine and shall be used to 29 compensate the private vendor. 30 d. The text messaging payment system shall not be utilized 31 for the collection of delinquent court debt. 32 Sec. 3. Section 805.9, subsections 1 and 2, Code 2018, are 33 amended to read as follows: 34 1. In cases of scheduled violations, the defendant, before 35 -1- LSB 5113YC (4) 87 jm/rj 1/ 4

H.F. _____ the time specified in the citation and complaint for appearance 1 before the court, may sign the admission of violation on the 2 citation and complaint and deliver or mail a copy of the 3 citation and complaint, together with the minimum fine for the 4 violation, plus court costs, to a scheduled violations office 5 in the county , or utilize the text messaging notification and 6 payment system established pursuant to section 602.8106A . 7 The office shall, if the offense is a moving violation under 8 chapter 321 , forward an abstract of the citation and complaint 9 and admission to the state department of transportation as 10 required by section 321.491 . In this case the defendant is not 11 required to appear before the court. The admission constitutes 12 a conviction. 13 2. A defendant charged with a scheduled violation by 14 information may obtain two copies of the information from the 15 court and, before the time the defendant is required to appear 16 before the court, deliver or mail the copies, together with the 17 defendant’s admission, fine, and court costs, to the scheduled 18 violations office in the county , or utilize the text messaging 19 notification and payment system established pursuant to section 20 602.8106A . The procedure, fine, and costs are the same as when 21 the charge is by citation and complaint, with the admission and 22 the number of the defendant’s driver’s license as defined in 23 section 321.1 placed upon the information when the violation 24 involves the use of a motor vehicle. 25 Sec. 4. Section 805.9, subsection 3, paragraph a, Code 2018, 26 is amended to read as follows: 27 a. If the defendant wishes to admit the violation, the 28 officer may release the defendant upon observing the person 29 mail the citation and complaint, admission, and minimum fine, 30 together with court costs, to a traffic violations office in 31 the county, in an envelope furnished by the officer , or upon 32 observing the person utilize the text messaging notification 33 and payment system established pursuant to section 602.8106A . 34 The admission constitutes a conviction and judgment in the 35 -2- LSB 5113YC (4) 87 jm/rj 2/ 4

H.F. _____ amount of the scheduled fine plus court costs. The officer 1 may allow the defendant to use a credit card pursuant to rules 2 adopted under section 805.14 by the department of public safety 3 or to mail a check in the proper amount in lieu of cash. If the 4 check is not paid by the drawee for any reason, the defendant 5 may be held in contempt of court. The officer shall advise the 6 defendant of the penalty for nonpayment of the check. 7 Sec. 5. Section 805.9, subsection 6, Code 2018, is amended 8 to read as follows: 9 6. The court costs imposed by this section are the total 10 costs collectible from a defendant upon either a hearing 11 pursuant to subsection 4, or upon an admission of a violation 12 without hearing, or upon a hearing pursuant to subsection 4 if 13 the text messaging notification and payment system established 14 pursuant to section 602.8106A is not utilized . 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill establishes a text messaging notification and 19 payment system for citations. 20 The bill requires the judicial branch to contract with 21 a private vendor for the establishment of a voluntary 22 notification and payment system that utilizes text messaging 23 for the delivery of a citation and complaint and information 24 copies, for court appearance reminders, and for the payment 25 of fines for local traffic violations, for simple misdemeanor 26 violations of Code chapter 321, or for other violations when no 27 court appearance is required prior to the admission of guilt. 28 When a person admits to a violation any time before a 29 required court appearance, the bill requires the text messaging 30 notification and payment system to account for the delivery 31 of the citation and complaint or information to the scheduled 32 violations office in the county. Current law requires the 33 citation and complaint or information be delivered or mailed to 34 the scheduled violations office in the county. 35 -3- LSB 5113YC (4) 87 jm/rj 3/ 4

H.F. _____ The bill permits the vendor contract to provide for a 1 collection fee of up to six percent of the amount of the fine. 2 The collection fee shall be added to the amount of the fine and 3 shall be used to compensate the private vendor. 4 The bill prohibits the utilization of the text messaging 5 payment system for the collection of delinquent court debt. 6 -4- LSB 5113YC (4) 87 jm/rj 4/ 4