S.F. 2394 DIVISION I 1 SURCHARGES ADDED TO CRIMINAL PENALTIES 2 Section 1. Section 331.302, subsection 2, Code 2018, is 3 amended to read as follows: 4 2. For a violation of an ordinance a county shall not 5 provide a penalty in excess of the maximum fine and term of 6 imprisonment for a simple misdemeanor under section 903.1, 7 subsection 1 , paragraph “a” . The criminal penalty crime 8 services surcharge required by section 911.1 shall be added to 9 a county fine and is not a part of the county’s penalty. 10 Sec. 2. Section 364.3, subsection 2, Code 2018, is amended 11 to read as follows: 12 2. For a violation of an ordinance a city shall not 13 provide a penalty in excess of the maximum fine and term of 14 imprisonment for a simple misdemeanor under section 903.1, 15 subsection 1 , paragraph “a” . An amount equal to ten percent of 16 all fines collected by cities shall be deposited in the account 17 established in section 602.8108 . However, one hundred percent 18 of all fines collected by a city pursuant to section 321.236, 19 subsection 1 , shall be retained by the city. The criminal 20 penalty crime services surcharge required by section 911.1 21 shall be added to a city fine and is not a part of the city’s 22 penalty. 23 Sec. 3. Section 602.8102, subsection 135A, Code 2018, is 24 amended to read as follows: 25 135A. Assess the surcharges provided by sections 911.1 , 26 911.2 , 911.2A , 911.2B , 911.2C , 911.3 , and 911.4 . 27 Sec. 4. Section 602.8107, subsection 2, paragraph c, 28 subparagraph (2), Code 2018, is amended to read as follows: 29 (2) Fines or penalties and criminal penalty and law 30 enforcement initiative surcharges the crime services surcharge . 31 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code 32 2018, is amended to read as follows: 33 a. This subsection does not apply to amounts collected for 34 victim restitution, the victim compensation fund, the criminal 35 -1- LSB 6176SV (1) 87 asf/jh 1/ 36

S.F. 2394 penalty crime services surcharge, sex offender civil penalty, 1 drug abuse resistance education surcharge, the law enforcement 2 initiative surcharge, county enforcement surcharge, amounts 3 collected as a result of procedures initiated under subsection 4 5 or under section 8A.504 , or fees charged pursuant to section 5 356.7 . 6 Sec. 6. Section 602.8108, subsections 3, 5, and 7, Code 7 2018, are amended to read as follows: 8 3. The clerk of the district court shall remit to the state 9 court administrator, not later than the fifteenth day of each 10 month, ninety-five eighty-five percent of all moneys collected 11 from the criminal penalty crime services surcharge provided in 12 section 911.1 during the preceding calendar month. The clerk 13 shall remit the remainder to the county treasurer of the county 14 that was the plaintiff in the action or to the city that was 15 the plaintiff in the action. Of the amount received from the 16 clerk, the state court administrator shall allocate seventeen 17 and deposit each month sixty-seven percent to be deposited in 18 the victim compensation fund established in section 915.94 , 19 and eighty-three percent to be deposited in the general fund 20 thirty-three percent in the criminalistics laboratory fund 21 established in section 691.9 . 22 5. The clerk of the district court shall remit all moneys 23 collected from the assessment of the law enforcement initiative 24 surcharge provided in section 911.3 to the state court 25 administrator no later than the fifteenth day of each month for 26 deposit in the general fund of the state. 27 7. The clerk of the district court shall remit all moneys 28 collected from the assessment of the surcharges provided 29 in sections section 911.2B and 911.2C to the state court 30 administrator for deposit in the address confidentiality 31 program revolving fund created in section 9.8 . 32 Sec. 7. Section 805.8, subsection 1, Code 2018, is amended 33 to read as follows: 34 1. Application. Except as otherwise indicated, violations 35 -2- LSB 6176SV (1) 87 asf/jh 2/ 36

S.F. 2394 of sections of the Code specified in sections 805.8A , 805.8B , 1 and 805.8C are scheduled violations, and the scheduled fine 2 for each of those violations is as provided in those sections, 3 whether the violation is of state law or of a county or city 4 ordinance. The criminal penalty crime services surcharge 5 required by section 911.1 and the county enforcement surcharge 6 required by section 911.4 , if applicable, shall be added to the 7 scheduled fine. 8 Sec. 8. Section 902.9, subsection 2, Code 2018, is amended 9 to read as follows: 10 2. The surcharges required by sections 911.1 , 911.2 , and 11 911.2A , and 911.3 shall be added to a fine imposed on a class 12 “C” or class “D” felon, as provided by those sections, and are 13 not a part of or subject to the maximums set in this section . 14 Sec. 9. Section 903.1, subsection 4, Code 2018, is amended 15 to read as follows: 16 4. The surcharges required by sections 911.1 , 911.2 , 17 911.2A , 911.3 , and 911.4 shall be added to a fine imposed on a 18 misdemeanant as provided in those sections, and are not a part 19 of or subject to the maximums set in this section . 20 Sec. 10. Section 911.1, Code 2018, is amended to read as 21 follows: 22 911.1 Criminal penalty Crime services surcharge. 23 1. A criminal penalty crime services surcharge shall be 24 levied against law violators as provided in this section . 25 When a court imposes a fine or forfeiture for a violation of 26 state law, or a city or county ordinance, except an ordinance 27 regulating the parking of motor vehicles, the court or the 28 clerk of the district court shall assess an additional penalty 29 in the form of a criminal penalty crime services surcharge 30 equal to thirty-five ten percent of the fine or forfeiture 31 imposed. 32 2. In the event of multiple offenses, the surcharge shall 33 be based upon the total amount of fines or forfeitures imposed 34 for all offenses. 35 -3- LSB 6176SV (1) 87 asf/jh 3/ 36

S.F. 2394 3. When a fine or forfeiture is suspended in whole or in 1 part, the court shall reduce the surcharge in proportion to the 2 amount suspended. 3 4. The surcharge is subject to the provisions of chapter 4 909 governing the payment and collection of fines, as provided 5 in section 909.8 . 6 5. The surcharge shall be remitted by the clerk of court as 7 provided in section 602.8108, subsection 3 . 8 Sec. 11. Section 911.2, subsection 1, Code 2018, is amended 9 to read as follows: 10 1. In addition to any other surcharge, the court or clerk 11 of the district court shall assess a drug abuse resistance 12 education surcharge of ten dollars if a violation arises out 13 of a violation of an offense provided for in chapter 321J or 14 chapter 124, subchapter IV . 15 Sec. 12. Section 911.2A, subsection 1, Code 2018, is amended 16 to read as follows: 17 1. In addition to any other surcharge, the court or clerk 18 of the district court shall assess a human trafficking victim 19 surcharge of one thousand dollars if an adjudication of 20 guilt or a deferred judgment has been entered for a criminal 21 violation of section 725.1, subsection 2 , or section 710A.2 , 22 725.2 , or 725.3 . 23 Sec. 13. Section 911.2B, Code 2018, is amended to read as 24 follows: 25 911.2B Domestic abuse assault, domestic abuse protective 26 order contempt, sexual abuse, stalking, and human trafficking 27 victim surcharge. 28 1. In addition to any other surcharge, the court or clerk 29 of the district court shall assess a domestic abuse assault, 30 domestic abuse protective order contempt, sexual abuse, 31 stalking, and human trafficking victim surcharge of one hundred 32 ninety dollars if an adjudication of guilt or a deferred 33 judgment has been entered for a violation of section 708.2A , 34 708.11 , or 710A.2 , or chapter 709 , or if a defendant is held 35 -4- LSB 6176SV (1) 87 asf/jh 4/ 36

S.F. 2394 in contempt of court for violating a domestic abuse protective 1 order issued pursuant to chapter 236 . 2 2. In the event of multiple offenses, the surcharge shall be 3 imposed for each applicable offense. 4 3. The surcharge shall be remitted by the clerk of court as 5 provided in section 602.8108, subsection 7 . 6 Sec. 14. REPEAL. Sections 911.2C and 911.3, Code 2018, are 7 repealed. 8 DIVISION II 9 COURT FUNDS 10 Sec. 15. Section 602.1302, subsection 1, Code 2018, is 11 amended to read as follows: 12 1. Except as otherwise provided by sections 602.1303 , 13 602.1304 , and 602.8108 or other applicable law, the expenses of 14 operating and maintaining the judicial branch shall be paid out 15 of the general fund of the state from funds appropriated by the 16 general assembly for the judicial branch. State funding shall 17 be phased in as provided in section 602.11101 . 18 Sec. 16. Section 602.1304, subsection 1, Code 2018, is 19 amended to read as follows: 20 1. Except as provided in article 8 and subsection 2 of this 21 section , all fees and other revenues collected by judicial 22 officers and court employees shall be paid into the general 23 fund of the state. 24 Sec. 17. Section 602.1304, subsection 2, Code 2018, is 25 amended by striking the subsection. 26 Sec. 18. Section 602.8108, subsection 9, Code 2018, is 27 amended by striking the subsection and inserting in lieu 28 thereof the following: 29 9. a. A court technology and modernization fund is 30 established as a separate fund in the state treasury. The 31 state court administrator shall allocate nine million 32 four hundred thousand dollars of the moneys received under 33 subsection 2 to be deposited in the fund, which shall be 34 administered by the judicial branch. 35 -5- LSB 6176SV (1) 87 asf/jh 5/ 36

S.F. 2394 b. The moneys in the fund used to enhance the ability of the 1 judicial branch to process cases more quickly and efficiently, 2 to electronically transmit information to state government, 3 local governments, law enforcement agencies, and the public, 4 and to improve public access to the court system. The moneys 5 in the collection fund may also be used for any the following: 6 (1) The Iowa court information system. 7 (2) Records management, equipment, services, and projects. 8 (3) Other technological improvements approved by the 9 judicial branch. 10 (4) Electronic legal research equipment, systems, and 11 projects. 12 (5) The study, development, and implementation of other 13 innovations and projects that would improve the administration 14 of justice. 15 (6) Capital improvements necessitated by the installation 16 of or connection with the Iowa court information system, the 17 Iowa communications network, or other like networks. 18 c. The fund shall be separate from the general fund of 19 the state and the balance in the fund shall not be considered 20 part of the balance of the general fund of the state. 21 Notwithstanding section 8.33, moneys in the fund shall not 22 revert to the general fund. Notwithstanding section 12C.7, 23 subsection 2, interest or earnings on moneys in the court 24 technology and modernization fund shall remain in the court 25 technology and modernization fund and any interest and earnings 26 shall be in addition to the maximum annual deposit amount. 27 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated 28 or unencumbered moneys remaining in the enhanced court 29 collections fund in section 602.1304 at the end of the fiscal 30 year beginning July 1, 2017, and ending June 30, 2018, shall be 31 transferred to the court technology and modernization fund. 32 DIVISION III 33 CIVIL FEES 34 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2018, 35 -6- LSB 6176SV (1) 87 asf/jh 6/ 36

S.F. 2394 are amended to read as follows: 1 1. The clerk of the district court shall collect the 2 following fees: 3 a. Except as otherwise provided in this subsection , for 4 filing and docketing a petition, one two hundred eighty-five 5 five dollars. In counties having a population of ninety-eight 6 thousand or over, an additional five dollars shall be charged 7 and collected to be known as the journal publication fee and 8 used for the purposes provided for in section 618.13 . 9 b. For filing and docketing a petition for dissolution 10 of marriage, which includes the docketing of any dissolution 11 decree, two hundred seventy-five dollars. It is the intent 12 of the general assembly that twenty-five percent of the funds 13 generated from these fees be appropriated and used for sexual 14 assault and domestic violence centers and seventy-five percent 15 of the funds generated from these fees be appropriated to the 16 general fund of the state. 17 b. c. For filing and docketing a petition pursuant to 18 chapter 598 other than a dissolution of marriage petition, one 19 hundred twenty dollars. 20 c. d. For filing and docketing an application for 21 modification of a dissolution decree to which a written 22 stipulation is attached at the time of filing containing the 23 agreement of the parties to the terms of modification, one 24 hundred twenty dollars. 25 d. For entering a final decree of dissolution of marriage, 26 fifty dollars. It is the intent of the general assembly that 27 the funds generated from the dissolution fees be appropriated 28 and used for sexual assault and domestic violence centers. 29 e. For filing and docketing a petition for adoption 30 pursuant to chapter 600 , one hundred twenty dollars. For 31 multiple adoption petitions filed at the same time by the same 32 petitioner under section 600.3 , the filing fee and any court 33 costs for any petition filed in addition to the first petition 34 filed are waived. 35 -7- LSB 6176SV (1) 87 asf/jh 7/ 36

S.F. 2394 f. For filing and docketing a small claims action, the 1 amounts specified in section 631.6 . 2 g. For an appeal from a judgment in small claims or 3 for filing and docketing a writ of error, one two hundred 4 eighty-five five dollars. 5 h. For a motion to show cause in a civil case, fifty seventy 6 dollars. 7 i. For filing and docketing a transcript of the judgment in 8 a civil case, fifty seventy dollars. 9 j. For filing a tribal judgment, one hundred twenty dollars. 10 2. The clerk of the district court shall collect the 11 following fees for miscellaneous services: 12 a. For filing and entering any other statutory lien, fifty 13 seventy dollars. 14 b. For a certificate and seal, twenty forty dollars. 15 However, there shall be no charge for a certificate and seal to 16 an application to procure a pension, bounty, or back pay for a 17 member of the armed services or other person. 18 c. For certifying a change in title of real estate, fifty 19 seventy dollars. 20 d. For filing a praecipe to issue execution under chapter 21 626 , twenty-five forty-five dollars. The fee shall be 22 recoverable by the creditor from the debtor against whom the 23 execution is issued. A fee payable by a political subdivision 24 of the state under this paragraph shall be collected by the 25 clerk of the district court as provided in section 602.8109 . 26 However, the fee shall be waived and shall not be collected 27 from a political subdivision of the state if a county attorney 28 or county attorney’s designee is collecting a delinquent 29 judgment pursuant to section 602.8107, subsection 4 . 30 e. For filing a praecipe to issue execution under chapter 31 654 , fifty seventy dollars. 32 f. For filing a confession of judgment under chapter 676 , 33 fifty seventy dollars if the judgment is five thousand dollars 34 or less, and one hundred twenty dollars if the judgment exceeds 35 -8- LSB 6176SV (1) 87 asf/jh 8/ 36

S.F. 2394 five thousand dollars. 1 g. For filing a lis pendens, fifty seventy dollars. 2 h. For applicable convictions under section 692A.110 prior 3 to July 1, 2009, a civil penalty of two hundred twenty dollars, 4 and for applicable convictions under section 692A.110 on or 5 after July 1, 2009, a civil penalty of two hundred fifty 6 seventy dollars. 7 i. Other fees provided by law. 8 Sec. 21. Section 631.6, subsection 1, paragraphs a and c, 9 Code 2018, are amended to read as follows: 10 a. Fees for filing and docketing shall be eighty-five one 11 hundred five dollars. 12 c. Postage charged for the mailing of original notice shall 13 be ten thirty dollars. 14 DIVISION IV 15 SCHEDULED VIOLATIONS 16 Sec. 22. Section 321.24, subsection 12, Code 2018, is 17 amended to read as follows: 18 12. A person who violates this section commits a simple 19 misdemeanor punishable as a scheduled violation under section 20 805.8A, subsection 2, paragraph “b” . 21 Sec. 23. Section 321.178, subsection 2, paragraph a, Code 22 2018, is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (3) A person who violates this paragraph 24 commits a simple misdemeanor punishable as a scheduled 25 violation under section 805.8A, subsection 4, paragraph “c” . 26 Sec. 24. Section 321.260, subsection 2, Code 2018, is 27 amended to read as follows: 28 2. It shall be unlawful for any person to have in the 29 person’s possession any official traffic-control device 30 except by legal right or authority. Any person convicted 31 of unauthorized possession of any official traffic-control 32 device shall upon conviction be guilty of a simple misdemeanor 33 punishable as a scheduled violation under section 805.8A, 34 subsection 8, paragraph “c” . In addition to any other 35 -9- LSB 6176SV (1) 87 asf/jh 9/ 36

S.F. 2394 penalties, the punishment imposed for a violation of this 1 subsection shall include assessment of a fine of not less than 2 two three hundred fifty twenty dollars. 3 Sec. 25. Section 321.262, subsection 2, Code 2018, is 4 amended to read as follows: 5 2. The driver shall remain at the scene of the accident 6 until the driver has fulfilled the requirements of section 7 321.263 . Any person failing to remain at the scene of the 8 accident or fulfill the requirements of section 321.263 under 9 such circumstances shall be guilty of a simple misdemeanor 10 and punished as provided in section 321.482 punishable as 11 a scheduled violation under section 805.8A, subsection 14, 12 paragraph “m” . 13 Sec. 26. Section 321.264, Code 2018, is amended to read as 14 follows: 15 321.264 Striking unattended vehicle. 16 The driver of any vehicle which collides with any vehicle 17 which is unattended shall immediately stop and shall then and 18 there either locate and notify the operator or owner of such 19 vehicle of the name and address of the driver and owner of the 20 vehicle striking the unattended vehicle or shall leave in a 21 conspicuous place in the vehicle struck a written notice giving 22 the name and address of the driver and of the owner of the 23 vehicle doing the striking and a statement of the circumstances 24 thereof. A person who violates this section commits a simple 25 misdemeanor punishable as a scheduled violation under section 26 805.8A, subsection 14, paragraph “n” . 27 Sec. 27. Section 321.265, Code 2018, is amended to read as 28 follows: 29 321.265 Striking fixtures upon a highway. 30 The driver of a vehicle involved in an accident resulting 31 in damage to property legally upon or adjacent to a highway 32 shall take reasonable steps to locate and notify the owner, 33 a peace officer, or person in charge of the damaged property 34 of the damage and shall inform the person of the driver’s name 35 -10- LSB 6176SV (1) 87 asf/jh 10/ 36

S.F. 2394 and address and the registration number of the vehicle causing 1 the damage and shall, upon request and if available, exhibit 2 the driver’s license of the driver of the vehicle and shall 3 report the accident when and as required in section 321.266 . A 4 person who violates this section commits a simple misdemeanor 5 punishable as a scheduled violation under section 805.8A, 6 subsection 14, paragraph “o” . 7 Sec. 28. Section 321.278, Code 2018, is amended to read as 8 follows: 9 321.278 Drag racing prohibited. 10 1. No person shall engage in any motor vehicle speed contest 11 or exhibition of speed on any street or highway of this state 12 and no person shall aid or abet any motor vehicle speed contest 13 or speed exhibition on any street or highway of this state, 14 except that a passenger shall not be considered as aiding and 15 abetting. Motor vehicle speed contest or exhibition of speed 16 are defined as one or more persons competing in speed in excess 17 of the applicable speed limit in vehicles on the public streets 18 or highways. 19 2. Any person who violates the provisions of this section 20 shall be guilty of a simple misdemeanor punishable as a 21 scheduled violation under section 805.8A, subsection 14, 22 paragraph “p” . 23 Sec. 29. Section 321.324A, Code 2018, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 4. A person who violates this section 26 commits a simple misdemeanor punishable as a scheduled 27 violation under section 805.8A, subsection 6, paragraph “s” . 28 Sec. 30. Section 321.371, subsection 2, Code 2018, is 29 amended to read as follows: 30 2. A person who violates this section commits a simple 31 misdemeanor punishable as a scheduled violation under section 32 805.8A, subsection 14, paragraph “q” . 33 Sec. 31. Section 321.372, subsection 5, paragraph b, 34 subparagraph (1), Code 2018, is amended to read as follows: 35 -11- LSB 6176SV (1) 87 asf/jh 11/ 36

S.F. 2394 (1) For a first offense under subsection 3 , the person 1 is guilty of a simple misdemeanor punishable by a fine of at 2 least two hundred fifty dollars but not more than six hundred 3 seventy-five dollars or by imprisonment for not more than 4 thirty days, or by both as a scheduled violation under section 5 805.8A, subsection 10, paragraph “b” . 6 Sec. 32. Section 321.383, subsection 4, Code 2018, is 7 amended to read as follows: 8 4. Any Except as provided in subsection 5, any person 9 who violates any provision of this section shall be fined 10 as provided in commits a simple misdemeanor punishable as a 11 scheduled violation under section 805.8A, subsection 3 . 12 Sec. 33. Section 321.383, Code 2018, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 5. A person who operates a self-propelled 15 implement of husbandry at a speed which exceeds thirty-five 16 miles per hour commits a simple misdemeanor punishable as a 17 scheduled violation under section 805.8A, subsection 5. 18 Sec. 34. Section 321.431, subsection 6, Code 2018, is 19 amended to read as follows: 20 6. A person who violates this section commits a simple 21 misdemeanor punishable as a scheduled violation under section 22 805.8A, subsection 3, paragraph “ad” . 23 Sec. 35. Section 805.8A, Code 2018, is amended to read as 24 follows: 25 805.8A Motor vehicle and transportation scheduled violations. 26 1. Parking violations. 27 a. For parking violations under sections 321.236 , 321.239 , 28 321.358 , 321.360 , and 321.361 , the scheduled fine is five 29 dollars, except if the local authority has established the 30 fine by ordinance. The scheduled fine for a parking violation 31 pursuant to section 321.236 increases by five dollars if 32 authorized by ordinance and if the parking violation is not 33 paid within thirty days of the date upon which the violation 34 occurred. For purposes of calculating the unsecured appearance 35 -12- LSB 6176SV (1) 87 asf/jh 12/ 36

S.F. 2394 bond required under section 805.6 , the scheduled fine shall 1 be five dollars, or if the amount of the fine is greater than 2 five dollars, the unsecured appearance bond shall be the amount 3 of the fine established by the local authority. However, 4 violations charged by a city or county upon simple notice of a 5 fine instead of a uniform citation and complaint required by 6 section 321.236, subsection 1 , paragraph “b” , are not scheduled 7 violations, and this section shall not apply to any offense 8 charged in that manner. For a parking violation under section 9 461A.38 , the scheduled fine is ten dollars. For a parking 10 violation under section 321.362 , the scheduled fine is twenty 11 dollars. 12 b. For a parking violation under section 321L.2A, subsection 13 2 , the scheduled fine is twenty dollars. 14 c. For violations under section 321L.2A, subsection 3 , 15 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 16 scheduled fine is two hundred dollars. 17 2. Title and registration violations. For title or 18 registration violations under the following sections, the 19 scheduled fine is as follows: 20 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 21 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . $130. 22 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $130 . 23 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 24 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 25 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 26 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 27 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 28 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $130 . 29 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $130 . 30 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $130 . 31 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $130 . 32 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $130 . 33 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 34 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $130 . 35 -13- LSB 6176SV (1) 87 asf/jh 13/ 36

S.F. 2394 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $130 . 1 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $130 . 2 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 3 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $255 . 4 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $130 . 5 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 40 . 6 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 40 . 7 3. Equipment violations. For equipment violations under the 8 following sections, the scheduled fine is as follows: 9 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 10 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $130 . 11 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 12 d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $130 . 13 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $130 . 14 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 15 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 40 . 16 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 17 i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 18 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 19 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 20 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 21 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 22 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 23 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 24 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 25 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 26 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 27 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 28 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 29 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 30 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 31 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 32 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 33 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 34 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 35 -14- LSB 6176SV (1) 87 asf/jh 14/ 36

S.F. 2394 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 1 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 2 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $130 . 3 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . $130. 4 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 25 . 5 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 40 . 6 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 25 . 7 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 65 . 8 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 25 . 9 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 25 . 10 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 25 . 11 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 25 . 12 al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 25 . 13 4. Driver’s license violations. For driver’s license 14 violations under the following sections, the scheduled fine is 15 as follows: 16 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 17 b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 18 c. Section 321.178, subsection 2 , 19 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 40 . 20 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 21 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 22 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 23 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 24 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 130 . 25 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 26 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 27 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 28 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 29 5. Speed violations. 30 a. For excessive speed violations in excess of the 31 limit under section 321.236, subsections 5 and 11 , sections 32 321.285 , 321.383, and 461A.36 , the scheduled fine shall be the 33 following: 34 (1) Twenty Twenty-five dollars for speed not more than five 35 -15- LSB 6176SV (1) 87 asf/jh 15/ 36

S.F. 2394 miles per hour in excess of the limit. 1 (2) Forty Fifty dollars for speed greater than five but not 2 more than ten miles per hour in excess of the limit. 3 (3) Eighty One hundred dollars for speed greater than ten 4 but not more than fifteen miles per hour in excess of the 5 limit. 6 (4) Ninety One hundred fifteen dollars for speed greater 7 than fifteen but not more than twenty miles per hour in excess 8 of the limit. 9 (5) One hundred thirty dollars plus five dollars for each 10 mile per hour of excessive speed over twenty miles per hour 11 over the limit. 12 b. Excessive speed in whatever amount by a school bus is 13 not a scheduled violation under any section listed in this 14 subsection . 15 c. Excessive speed in conjunction with a violation of 16 section 321.278 is not a scheduled violation, whatever the 17 amount of excess speed. 18 d. For a violation under section 321.295 , the scheduled fine 19 is fifty sixty-five dollars. 20 6. Operating violations. For operating violations under the 21 following sections, the scheduled fine is as follows: 22 a. Section 321.236, subsections 3, 4, 9, 23 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 24 b. Section 321.275, subsections 1 25 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 26 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 27 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $130 . 28 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $130 . 29 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $130 . 30 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $130 . 31 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $130 . 32 i. Section 321.304, subsections 1 33 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 34 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $130 . 35 -16- LSB 6176SV (1) 87 asf/jh 16/ 36

S.F. 2394 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $130 . 1 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $130 . 2 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $130 . 3 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $130 . 4 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 5 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 6 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 7 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $130 . 8 s. Section 321.324A . . . . . . . . . . . . . . . . . . . $130. 9 s. t. Section 321.340 . . . . . . . . . . . . . . . . . $100 $130 . 10 t. u. Section 321.353 . . . . . . . . . . . . . . . . . $100 $130 . 11 u. v. Section 321.354 . . . . . . . . . . . . . . . . . $100 $130 . 12 v. w. Section 321.363 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 13 w. x. Section 321.365 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 14 x. y. Section 321.366 . . . . . . . . . . . . . . . . . $100 $130 . 15 y. z. Section 321.395 . . . . . . . . . . . . . . . . . $100 $130 . 16 7. Failure to yield or obey violations. For failure to yield 17 or obey violations under the following sections, the scheduled 18 fine is as follows: 19 a. Section 321.257, subsection 2 , for 20 a violation by an operator of a motor 21 vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 22 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $130 . 23 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $130 . 24 d. Section 321.308 . . . . . . . . . . . . . . . . . . . . $100 $130 . 25 e. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $130 . 26 f. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $130 . 27 g. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $130 . 28 h. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $130 . 29 i. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $130 . 30 j. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $130 . 31 k. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $130 . 32 8. Traffic sign or signal violations. For traffic sign or 33 signal violations under the following sections, the scheduled 34 fine is as follows: 35 -17- LSB 6176SV (1) 87 asf/jh 17/ 36

S.F. 2394 a. Section 321.236, subsections 2 and 6 . $ 35 $ 45 . 1 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $130 . 2 c. Section 321.260, subsection 2 . . . . . . . $130. 3 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $130 . 4 d. e. Section 321.304, subsection 3 . . . $100 $130 . 5 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $130 . 6 9. Bicycle or pedestrian violations. For bicycle or 7 pedestrian violations under the following sections, the 8 scheduled fine for a pedestrian or bicyclist is as follows: 9 a. Section 321.234, subsections 3 and 4 . $ 25 $ 30 . 10 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 20 . 11 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 30 . 12 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 30 . 13 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 14 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 15 g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 16 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 17 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 18 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 19 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 20 9A. Electric personal assistive mobility device 21 violations. For violations under section 321.235A , the 22 scheduled fine is fifteen twenty dollars. 23 10. School bus violations. 24 a. For violations by an operator of a school bus under 25 sections 321.285 and 321.372, subsections 1 and 2 , the 26 scheduled fine is one hundred thirty dollars. However, an 27 excessive speed violation by a school bus of more than ten 28 miles per hour in excess of the limit is not a scheduled 29 violation. 30 b. For violations by a driver of a vehicle under section 31 321.372, subsection 3, the scheduled fine is three hundred 32 twenty dollars. 33 11. Emergency vehicle violations. For emergency vehicle 34 violations under the following sections, the scheduled fine is 35 -18- LSB 6176SV (1) 87 asf/jh 18/ 36

S.F. 2394 as follows: 1 a. Section 321.231 . . . . . . . . . . . . . . . . . . . . $100 $130 . 2 b. Section 321.323A . . . . . . . . . . . . . . . . . . . $100 $130 . 3 c. Section 321.324 . . . . . . . . . . . . . . . . . . . . $100 $130 . 4 d. Section 321.367 . . . . . . . . . . . . . . . . . . . . $100 $130 . 5 e. Section 321.368 . . . . . . . . . . . . . . . . . . . . $100 $130 . 6 12. Restrictions on vehicles. 7 a. For violations under sections 321.309 , 321.310 , 321.394 , 8 321.461 , and 321.462 , the scheduled fine is thirty-five 9 forty-five dollars. 10 b. For violations under section 321.437 , the scheduled fine 11 is thirty-five forty-five dollars. 12 c. For height, length, width, and load violations under 13 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 14 scheduled fine is two hundred fifty-five dollars. 15 d. For violations under section 321.466 , the scheduled fine 16 is twenty twenty-five dollars for each two thousand pounds or 17 fraction thereof of overweight. 18 e. (1) Violations of the schedule of axle and tandem axle 19 and gross or group of axle weight violations in section 321.463 20 shall be scheduled violations subject to the provisions, 21 procedures, and exceptions contained in sections 805.6 through 22 805.11 , irrespective of the amount of the fine under that 23 schedule. 24 (a) Violations of the schedule of weight violations shall be 25 chargeable, where the fine charged does not exceed one thousand 26 dollars, only by uniform citation and complaint. 27 (b) Violations of the schedule of weight violations, where 28 the fine charged exceeds one thousand dollars shall, when the 29 violation is admitted and section 805.9 applies, be chargeable 30 upon uniform citation and complaint, indictment, or county 31 attorney’s information, but otherwise shall be chargeable only 32 upon indictment or county attorney’s information. 33 (2) In all cases of charges under the schedule of weight 34 violations, the charge shall specify the amount of fine charged 35 -19- LSB 6176SV (1) 87 asf/jh 19/ 36

S.F. 2394 under the schedule. Where a defendant is convicted and the 1 fine under the foregoing schedule of weight violations exceeds 2 one thousand dollars, the conviction shall be of an indictable 3 offense although section 805.9 is employed and whether the 4 violation is charged upon uniform citation and complaint, 5 indictment, or county attorney’s information. 6 f. For a violation under section 321E.16 , other than the 7 provisions relating to weight, the scheduled fine is two 8 hundred fifty-five dollars. 9 13. Motor carrier and other operator violations. 10 a. (1) For a violation under section 321.54 , the scheduled 11 fine is thirty forty dollars. 12 (2) For violations under sections 326.22 and 326.23 , the 13 scheduled fine is fifty sixty-five dollars. 14 b. For a violation under section 321.449 or 321.449A , the 15 scheduled fine is fifty sixty-five dollars. 16 c. For violations under sections 321.364 , 321.450 , 321.460 , 17 and 452A.52 , the scheduled fine is two hundred fifty-five 18 dollars. 19 d. For violations of section 325A.3, subsection 5 , or 20 section 325A.8 , the scheduled fine is one hundred thirty 21 dollars. 22 e. For violations of chapter 325A , other than a violation of 23 section 325A.3, subsection 5 , or section 325A.8 , the scheduled 24 fine is two three hundred fifty twenty dollars. 25 f. For violations of section 327B.1, subsection 1 or 3 , the 26 scheduled fine is two three hundred fifty twenty dollars. 27 14. Miscellaneous violations. 28 a. Failure to obey a peace officer. For a violation under 29 section 321.229 , the scheduled fine is one hundred thirty 30 dollars. 31 b. Abandoning a motor vehicle. For a violation under 32 section 321.91 , the scheduled fine is two hundred fifty-five 33 dollars. 34 c. Seat belt or restraint violations. 35 -20- LSB 6176SV (1) 87 asf/jh 20/ 36

S.F. 2394 (1) For a violation under section 321.445 , the scheduled 1 fine is fifty sixty-five dollars. 2 (2) For a violation under section 321.446 , the scheduled 3 fine is one hundred thirty dollars. 4 d. Litter and debris violations. For violations under 5 sections 321.369 and 321.370 , the scheduled fine is seventy 6 ninety dollars. 7 e. Open container violations. For violations under sections 8 321.284 and 321.284A , the scheduled fine is two hundred 9 fifty-five dollars. 10 f. Proof of financial responsibility. If, in connection with 11 a motor vehicle accident, a person is charged and found guilty 12 of a violation of section 321.20B, subsection 1 , the scheduled 13 fine is five six hundred forty dollars; otherwise, the 14 scheduled fine for a violation of section 321.20B, subsection 15 1 , is two three hundred fifty twenty dollars. Notwithstanding 16 section 805.12 , fines collected pursuant to this paragraph 17 shall be submitted to the state court administrator and 18 distributed fifty percent to the victim compensation fund 19 established in section 915.94 , twenty-five percent to the 20 county in which such fine is imposed, and twenty-five percent 21 to the general fund of the state. 22 g. Speed detection jamming devices. For a violation under 23 section 321.232 , the scheduled fine is one hundred thirty 24 dollars. 25 h. Railroad crossing violations. For violations under 26 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 27 the scheduled fine is two hundred fifty-five dollars. 28 i. Road work zone violations. The scheduled fine for any 29 moving traffic violation under chapter 321 , as provided in 30 this section , shall be doubled if the violation occurs within 31 any road work zone, as defined in section 321.1 . However, 32 notwithstanding subsection 5 , the scheduled fine for violating 33 the speed limit in a road work zone is as follows: 34 (1) One hundred fifty ninety dollars for speed not more than 35 -21- LSB 6176SV (1) 87 asf/jh 21/ 36

S.F. 2394 ten miles per hour over the posted speed limit. 1 (2) Three hundred eighty-five dollars for speed greater 2 than ten but not more than twenty miles per hour over the 3 posted speed limit. 4 (3) Five Six hundred forty dollars for speed greater than 5 twenty but not more than twenty-five miles per hour over the 6 posted speed limit. 7 (4) One thousand two hundred eighty dollars for speed 8 greater than twenty-five miles per hour over the posted speed 9 limit. 10 j. Vehicle component parts records violations. For 11 violations under section 321.95 , the scheduled fine is fifty 12 sixty-five dollars. 13 k. Actions against a person on a bicycle. For violations 14 under section 321.281 , the scheduled fine is two three hundred 15 fifty twenty dollars. 16 l. Writing, sending, or viewing an electronic message while 17 driving violations. For violations under section 321.276 , the 18 scheduled fine is thirty forty dollars. 19 m. Leaving scene of traffic accident. For violations under 20 section 321.262, the scheduled fine is one hundred thirty 21 dollars. 22 n. Striking unattended vehicle. For violations under 23 section 321.264, the scheduled fine is one hundred thirty 24 dollars. 25 o. Striking fixtures upon highway. For violations under 26 section 321.265, the scheduled fine is one hundred thirty 27 dollars. 28 p. Drag racing. For violations under section 321.278, the 29 scheduled fine is one hundred thirty dollars. 30 q. Clearing up wrecks. For violations under section 31 321.371, the scheduled fine is thirty dollars. 32 Sec. 36. Section 805.8B, Code 2018, is amended to read as 33 follows: 34 805.8B Navigation, recreation, hunting, and fishing scheduled 35 -22- LSB 6176SV (1) 87 asf/jh 22/ 36

S.F. 2394 violations. 1 1. Navigation violations. 2 a. For violations of registration, inspections, 3 identification, and record provisions under sections 462A.5 , 4 462A.35 , and 462A.37 , and for unused or improper or defective 5 lights and warning devices under section 462A.9, subsections 3, 6 4, 5, 9, and 10 , the scheduled fine is ten fifteen dollars. 7 b. For violations of registration, identification, and 8 record provisions under sections 462A.4 and 462A.10 , and for 9 unused or improper or defective equipment under section 462A.9, 10 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 11 for operation violations under sections 462A.26 , 462A.31 , and 12 462A.33 , the scheduled fine is twenty twenty-five dollars. 13 c. For operating violations under sections 462A.12 , 462A.15, 14 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 15 is twenty-five thirty dollars. However, a violation of section 16 462A.12, subsection 2 , is not a scheduled violation. 17 d. For violations of use, location, and storage of vessels, 18 devices, and structures under sections 462A.27 , 462A.28 , and 19 462A.32 , the scheduled fine is fifteen twenty dollars. 20 e. For violations of all subdivision ordinances under 21 section 462A.17, subsection 2 , except those relating to 22 matters subject to regulation by authority of section 462A.31, 23 subsection 5 , the scheduled fine is the same as prescribed for 24 similar violations of state law. For violations of subdivision 25 ordinances for which there is no comparable state law, the 26 scheduled fine is ten fifteen dollars. 27 2. Snowmobile violations. 28 a. For registration or user permit violations under section 29 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 30 fifty sixty-five dollars. 31 b. (1) For operating violations under section 321G.9 , the 32 scheduled fine is fifty sixty-five dollars. 33 (2) For operating violations under sections 321G.11 and 34 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 35 -23- LSB 6176SV (1) 87 asf/jh 23/ 36

S.F. 2394 twenty twenty-five dollars. 1 (3) For operating violations under section 321G.13, 2 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 3 and section 321G.13, subsections 2 and 3 , the scheduled fine 4 is one hundred thirty dollars. 5 c. For improper or defective equipment under section 6 321G.12 , the scheduled fine is twenty twenty-five dollars. 7 d. For violations of section 321G.19 , the scheduled fine is 8 twenty twenty-five dollars. 9 e. For decal violations under section 321G.5 , the scheduled 10 fine is twenty twenty-five dollars. 11 f. For stop signal violations under section 321G.17 , the 12 scheduled fine is one hundred thirty dollars. 13 g. For violations of section 321G.20 and for education 14 certificate violations under section 321G.24, subsection 1 , the 15 scheduled fine is fifty sixty-five dollars. 16 h. For violations of section 321G.21 , the scheduled fine is 17 one hundred thirty dollars. 18 2A. All-terrain vehicle violations. 19 a. For registration or user permit violations under section 20 321I.3, subsection 1 , the scheduled fine is fifty sixty-five 21 dollars. 22 b. (1) For operating violations under sections 321I.12 and 23 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 24 twenty twenty-five dollars. 25 (2) For operating violations under section 321I.10, 26 subsections 1 and 4 , the scheduled fine is fifty sixty-five 27 dollars. 28 (3) For operating violations under section 321I.14, 29 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 30 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 31 is one hundred thirty dollars. 32 c. For improper or defective equipment under section 33 321I.13 , the scheduled fine is twenty twenty-five dollars. 34 d. For violations of section 321I.20 , the scheduled fine is 35 -24- LSB 6176SV (1) 87 asf/jh 24/ 36

S.F. 2394 twenty twenty-five dollars. 1 e. For decal violations under section 321I.6 , the scheduled 2 fine is twenty twenty-five dollars. 3 f. For stop signal violations under section 321I.18 , the 4 scheduled fine is one hundred thirty dollars. 5 g. For violations of section 321I.21 and for education 6 certificate violations under section 321I.26, subsection 1 , the 7 scheduled fine is fifty sixty-five dollars. 8 h. For violations of section 321I.22 , the scheduled fine is 9 one hundred thirty dollars. 10 3. Hunting and fishing violations. 11 a. For violations of section 484A.2 , the scheduled fine is 12 ten fifteen dollars. 13 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 14 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 15 483A.27A , the scheduled fine is twenty twenty-five dollars. 16 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 17 481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 18 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 19 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 20 scheduled fine is twenty-five thirty dollars. 21 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 22 481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 23 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 24 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 25 scheduled fine is fifty sixty-five dollars. 26 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 27 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 28 483A.42 , the scheduled fine is one hundred thirty dollars. 29 f. For violations of section 481A.38 relating to the taking, 30 pursuing, killing, trapping or ensnaring, buying, selling, 31 possessing, or transporting any game, protected nongame 32 animals, fur-bearing animals, or fur or skin of the animals, 33 mussels, frogs, or fish or part of them, the scheduled fines 34 are as follows: 35 -25- LSB 6176SV (1) 87 asf/jh 25/ 36

S.F. 2394 (1) For deer or turkey, the scheduled fine is one hundred 1 thirty dollars. 2 (2) For protected nongame, the scheduled fine is one hundred 3 thirty dollars. 4 (3) For mussels, frogs, spawn, or fish, the scheduled fine 5 is twenty-five thirty dollars. 6 (4) For other game, the scheduled fine is fifty sixty-five 7 dollars. 8 (5) For fur-bearing animals, the scheduled fine is 9 seventy-five ninety-five dollars. 10 g. For violations of section 481A.38 relating to an attempt 11 to take, pursue, kill, trap, buy, sell, possess, or transport 12 any game, protected nongame animals, fur-bearing animals, or 13 fur or skin of the animals, mussels, frogs, or fish or part of 14 them, the scheduled fines are as follows: 15 (1) For game or fur-bearing animals, the scheduled fine is 16 fifty sixty-five dollars. 17 (2) For protected nongame, the scheduled fine is fifty 18 sixty-five dollars. 19 (3) For mussels, frogs, spawn, or fish, the scheduled fine 20 is ten fifteen dollars. 21 h. For violations of section 481A.48 relating to 22 restrictions on game birds and animals, the scheduled fines are 23 as follows: 24 (1) Out-of-season, the scheduled fine is one hundred thirty 25 dollars. 26 (2) Over limit, the scheduled fine is one hundred thirty 27 dollars. 28 (3) Attempt to take, the scheduled fine is fifty sixty-five 29 dollars. 30 (4) General waterfowl restrictions, the scheduled fine is 31 fifty sixty-five dollars. 32 (a) No federal stamp, the scheduled fine is fifty sixty-five 33 dollars. 34 (b) Unplugged shotgun, the scheduled fine is ten fifteen 35 -26- LSB 6176SV (1) 87 asf/jh 26/ 36

S.F. 2394 dollars. 1 (c) Possession of other than steel shot, the scheduled fine 2 is twenty-five thirty dollars. 3 (d) Early or late shooting, the scheduled fine is 4 twenty-five thirty dollars. 5 (5) Possession of a prohibited pistol or revolver while 6 hunting deer, the scheduled fine is one hundred thirty dollars. 7 (6) Possession of a prohibited rifle while hunting deer, the 8 scheduled fine is two three hundred fifty twenty dollars. 9 i. For violations of section 481A.67 relating to general 10 violations of fishing laws, the scheduled fine is twenty-five 11 thirty dollars. 12 (1) For over limit catch, the scheduled fine is thirty forty 13 dollars. 14 (2) For under minimum length or weight, the scheduled fine 15 is twenty twenty-five dollars. 16 (3) For out-of-season fishing, the scheduled fine is fifty 17 sixty-five dollars. 18 j. For violations of section 481A.73 relating to trotlines 19 and throwlines: 20 (1) For trotline or throwline violations in legal waters, 21 the scheduled fine is twenty-five thirty dollars. 22 (2) For trotline or throwline violations in illegal waters, 23 the scheduled fine is fifty sixty-five dollars. 24 k. For violations of section 481A.144, subsection 4 , or 25 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 26 (1) For general minnow violations, the scheduled fine is 27 twenty-five thirty dollars. 28 (2) For commercial purposes, the scheduled fine is fifty 29 sixty-five dollars. 30 l. For violations of section 481A.87 relating to the taking 31 or possessing of fur-bearing animals out of season: 32 (1) For red fox, gray fox, or mink, the scheduled fine is 33 one hundred thirty dollars. 34 (2) For all other furbearers, the scheduled fine is fifty 35 -27- LSB 6176SV (1) 87 asf/jh 27/ 36

S.F. 2394 sixty-five dollars. 1 m. For violations of section 482.4 relating to gear tags: 2 (1) For commercial license violations, the scheduled fine 3 is one hundred thirty dollars. 4 (2) For no gear tags, the scheduled fine is twenty-five 5 thirty dollars. 6 n. For violations of section 482.11 , the scheduled fine is 7 one hundred thirty dollars. 8 o. For violations of section 483A.1 relating to licenses and 9 permits, the scheduled fines are as follows: 10 (1) For a license or permit costing ten dollars or less, the 11 scheduled fine is twenty twenty-five dollars. 12 (2) For a license or permit costing more than ten dollars 13 but not more than twenty dollars, the scheduled fine is thirty 14 forty dollars. 15 (3) For a license or permit costing more than twenty dollars 16 but not more than forty dollars, the scheduled fine is fifty 17 sixty-five dollars. 18 (4) For a license or permit costing more than forty dollars 19 but not more than fifty dollars, the scheduled fine is seventy 20 ninety dollars. 21 (5) For a license or permit costing more than fifty dollars 22 but less than one hundred dollars, the scheduled fine is one 23 hundred thirty dollars. 24 (6) For a license or permit costing one hundred dollars or 25 more, the scheduled fine is two times the cost of the original 26 license or permit. 27 p. For violations of section 483A.26 relating to false 28 claims for licenses: 29 (1) For making a false claim for a license by a resident, 30 the scheduled fine is fifty sixty-five dollars. 31 (2) For making a false claim for a license by a nonresident, 32 the scheduled fine is one hundred thirty dollars. 33 q. For violations of section 483A.36 relating to the 34 conveyance of guns: 35 -28- LSB 6176SV (1) 87 asf/jh 28/ 36

S.F. 2394 (1) For conveying an assembled, unloaded gun, the scheduled 1 fine is twenty-five thirty dollars. 2 (2) For conveying a loaded gun, the scheduled fine is fifty 3 sixty-five dollars. 4 4. Ginseng violations. For a violation of section 456A.24, 5 subsection 11 , the scheduled fine is one hundred thirty 6 dollars. 7 5. Aquatic invasive species violations. For violations 8 of section 456A.37, subsection 3 , the scheduled fine is as 9 follows: 10 a. For violations of section 456A.37, subsection 3 , 11 paragraph “a” , the scheduled fine is five six hundred forty 12 dollars. 13 b. For violations of section 456A.37, subsection 3 , 14 paragraph “b” , the scheduled fine is seventy-five ninety-five 15 dollars. 16 c. For repeat violations of section 456A.37, subsection 3 , 17 paragraph “a” or “b” , within the same twelve-month period, the 18 scheduled fine shall include an additional fine of five six 19 hundred forty dollars for each violation. 20 6. Misuse of parks and preserves. 21 a. For violations under sections 461A.39 , 461A.45 , and 22 461A.50 , the scheduled fine is ten fifteen dollars. 23 b. For violations under sections 461A.40 , 461A.46 , and 24 461A.49 , the scheduled fine is fifteen twenty dollars. 25 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 26 the scheduled fine is fifty sixty-five dollars. 27 d. For violations of section 461A.48 , the scheduled fine is 28 twenty-five thirty dollars. 29 e. For violations under section 461A.43 , the scheduled fine 30 is thirty forty dollars. 31 Sec. 37. Section 805.8C, Code 2018, is amended to read as 32 follows: 33 805.8C Miscellaneous scheduled violations. 34 1. Energy emergency violations. For violations of an 35 -29- LSB 6176SV (1) 87 asf/jh 29/ 36

S.F. 2394 executive order issued by the governor under the provisions of 1 section 473.8 , the scheduled fine is fifty sixty-five dollars. 2 2. Alcoholic beverage violations. For violations of section 3 123.49, subsection 2 , paragraph “h” , the scheduled fine for a 4 licensee or permittee is one thousand five nine hundred twenty 5 dollars, and the scheduled fine for a person who is employed by 6 a licensee or permittee is five six hundred forty dollars. 7 3. Violations related to smoking, tobacco, tobacco products, 8 alternative nicotine products, vapor products, and cigarettes. 9 a. For violations described in section 142D.9, subsection 1 , 10 the scheduled fine is fifty dollars, and is a civil penalty, 11 and the criminal penalty crime services surcharge under section 12 911.1 shall not be added to the penalty, and the court costs 13 pursuant to section 805.9, subsection 6 , shall not be imposed. 14 If the civil penalty assessed for a violation described in 15 section 142D.9, subsection 1 , is not paid in a timely manner, 16 a citation shall be issued for the violation in the manner 17 provided in section 804.1 . However, a person under age 18 eighteen shall not be detained in a secure facility for failure 19 to pay the civil penalty. The complainant shall not be charged 20 a filing fee. 21 b. For violations of section 453A.2, subsection 1 , by an 22 employee of a retailer, the scheduled fine is as follows: 23 (1) If the violation is a first offense, the scheduled fine 24 is one hundred thirty dollars. 25 (2) If the violation is a second offense, the scheduled fine 26 is two three hundred fifty twenty dollars. 27 (3) If the violation is a third or subsequent offense, the 28 scheduled fine is five six hundred forty dollars. 29 c. For violations of section 453A.2, subsection 2 , the 30 scheduled fine is as follows and is a civil penalty, and the 31 criminal penalty crime services surcharge under section 911.1 32 shall not be added to the penalty, and the court costs pursuant 33 to section 805.9, subsection 6 , shall not be imposed: 34 (1) If the violation is a first offense, the scheduled fine 35 -30- LSB 6176SV (1) 87 asf/jh 30/ 36

S.F. 2394 is fifty dollars. 1 (2) If the violation is a second offense, the scheduled fine 2 is one hundred dollars. 3 (3) If the violation is a third or subsequent offense, the 4 scheduled fine is two hundred fifty dollars. 5 4. Electrical or mechanical amusement device violations. 6 a. For violations of legal age for operating an electrical 7 or mechanical amusement device required to be registered 8 as provided in section 99B.53 , pursuant to section 99B.57, 9 subsection 1 , the scheduled fine is two three hundred fifty 10 twenty dollars. Failure to pay the fine by a person under the 11 age of eighteen shall not result in the person being detained 12 in a secure facility. 13 b. For first offense violations concerning electrical or 14 mechanical amusement devices as provided in section 99B.54, 15 subsection 2 , the scheduled fine is two three hundred fifty 16 twenty dollars. 17 5. Gambling violations. 18 a. For violations of legal age for gambling wagering under 19 section 99D.11, subsection 7 , section 99F.9, subsection 4 , and 20 section 725.19, subsection 1 , the scheduled fine is five six 21 hundred forty dollars. Failure to pay the fine by a person 22 under the age of eighteen shall not result in the person being 23 detained in a secure facility. 24 b. For legal age violations for entering or attempting 25 to enter a facility under section 99F.9, subsection 5 , the 26 scheduled fine is five six hundred forty dollars. Failure to 27 pay the fine by a person under the age of eighteen shall not 28 result in the person being detained in a secure facility. 29 6. Pseudoephedrine sales violations. For violations of 30 section 126.23A, subsection 1 , by an employee of a retailer, or 31 for violations of section 126.23A, subsection 2 , paragraph “a” , 32 by a purchaser, the scheduled fine is as follows: 33 a. If the violation is a first offense, the scheduled fine 34 is two hundred fifty-five dollars. 35 -31- LSB 6176SV (1) 87 asf/jh 31/ 36

S.F. 2394 b. If the violation is a second offense, the scheduled fine 1 is two three hundred fifty twenty dollars. 2 c. If the violation is a third or subsequent offense, the 3 scheduled fine is five six hundred forty dollars. 4 7. Alcoholic beverage violations by persons eighteen, 5 nineteen, or twenty years of age. For first offense violations 6 of section 123.47, subsection 4 , the scheduled fine is two 7 hundred fifty-five dollars. 8 8. Unlicensed premises owner —— under eighteen years of age 9 consumption or possession. For first offense violations of 10 section 123.47, subsection 2 , the scheduled fine is two hundred 11 fifty-five dollars. 12 9. Notification violations. For violations of section 13 229.22, subsection 6 , the scheduled fine is one thousand 14 dollars for a first violation and two thousand dollars for a 15 second or subsequent violation. The scheduled fine under this 16 subsection is a civil penalty, and the criminal penalty crime 17 services surcharge under section 911.1 shall not be added to 18 the penalty. 19 10. Scrap metal transaction violations. For violations 20 of section 714.27 , the scheduled fine is one hundred dollars 21 for a first violation, five hundred dollars for a second 22 violation within two years, and one thousand dollars for a 23 third or subsequent violation within two years. The scheduled 24 fine under this subsection is a civil penalty which shall 25 be deposited into the general fund of the county or city if 26 imposed by a designated officer or employee of a county or 27 city, or deposited in the general fund of the state if imposed 28 by a state agency, and the criminal penalty crime services 29 surcharge under section 911.1 shall not be added to the 30 penalty. 31 11. Trespassing violations. For trespasses punishable under 32 section 716.8, subsection 1 or 5 , the scheduled fine is two 33 hundred fifty-five dollars for a first violation, five six 34 hundred forty dollars for a second violation, and one thousand 35 -32- LSB 6176SV (1) 87 asf/jh 32/ 36

S.F. 2394 two hundred eighty dollars for a third or subsequent violation. 1 DIVISION V 2 MISDEMEANOR AND FELONY FINES 3 Sec. 38. Section 902.9, subsection 1, paragraphs d and e, 4 Code 2018, are amended to read as follows: 5 d. A class “C” felon, not an habitual offender, shall be 6 confined for no more than ten years, and in addition shall be 7 sentenced to a fine of at least one thousand three hundred 8 seventy dollars but not more than ten thirteen thousand six 9 hundred sixty dollars. 10 e. A class “D” felon, not an habitual offender, shall be 11 confined for no more than five years, and in addition shall 12 be sentenced to a fine of at least seven hundred fifty one 13 thousand twenty-five dollars but not more than seven ten 14 thousand five two hundred forty-five dollars. 15 Sec. 39. Section 903.1, subsections 1 and 2, Code 2018, are 16 amended to read as follows: 17 1. If a person eighteen years of age or older is convicted 18 of a simple or serious misdemeanor and a specific penalty is 19 not provided for or if a person under eighteen years of age 20 has been waived to adult court pursuant to section 232.45 on 21 a felony charge and is subsequently convicted of a simple, 22 serious, or aggravated misdemeanor, the court shall determine 23 the sentence, and shall fix the period of confinement or the 24 amount of fine, which fine shall not be suspended by the court, 25 within the following limits: 26 a. For a simple misdemeanor, there shall be a fine of at 27 least sixty-five ninety dollars but not to exceed six eight 28 hundred twenty-five fifty-five dollars. The court may order 29 imprisonment not to exceed thirty days in lieu of a fine or in 30 addition to a fine. 31 b. For a serious misdemeanor, there shall be a fine of at 32 least three four hundred fifteen thirty dollars but not to 33 exceed one two thousand eight five hundred seventy-five sixty 34 dollars. In addition, the court may also order imprisonment 35 -33- LSB 6176SV (1) 87 asf/jh 33/ 36

S.F. 2394 not to exceed one year. 1 2. When a person is convicted of an aggravated misdemeanor, 2 and a specific penalty is not provided for, the maximum penalty 3 shall be imprisonment not to exceed two years. There shall be 4 a fine of at least six eight hundred twenty-five fifty-five 5 dollars but not to exceed six eight thousand two five hundred 6 fifty forty dollars. When a judgment of conviction of an 7 aggravated misdemeanor is entered against any person and the 8 court imposes a sentence of confinement for a period of more 9 than one year the term shall be an indeterminate term. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to surcharges added to criminal penalties, 14 court funds, civil fees, misdemeanor and felony fines and fines 15 associated with scheduled violations. 16 DIVISION I —— SURCHARGES ADDED TO CRIMINAL PENALTIES. 17 Division I changes the name of the criminal penalty surcharge 18 to the crime services surcharge and modifies the distribution 19 of the surcharge moneys. Currently, the clerk of the district 20 court remits 5 percent of the criminal penalty surcharge to 21 the county treasurer of the county that was the plaintiff in 22 the action or to the city that was the plaintiff in the action 23 and the remaining 95 percent of the criminal penalty surcharge 24 moneys as follows: 17 percent is deposited in the victim 25 compensation fund established in Code section 915.94, and 83 26 percent is deposited in the general fund of the state. 27 Under Division I, the clerk of the district court remits 15 28 percent of the crime services surcharge to the county treasurer 29 of the county that was the plaintiff in the action or to the 30 city that was the plaintiff in the action. Additionally, 31 under the division, the clerk of the district court remits the 32 remaining 85 percent of the crime services surcharge moneys as 33 follows: 67 percent is deposited in the victim compensation 34 fund established in Code section 915.94, and 33 percent is 35 -34- LSB 6176SV (1) 87 asf/jh 34/ 36

S.F. 2394 deposited in the criminalistics laboratory fund established in 1 Code section 691.9. Division I provides that the state court 2 administrator shall deposit monthly the portion of the moneys 3 collected from the assessment of the crime services surcharge 4 and remitted to the state court administrator to the victim 5 compensation fund and to the criminalistics laboratory fund. 6 Division I combines two surcharges into one Code section: 7 the domestic abuse assault, sexual abuse, stalking, and human 8 trafficking victim surcharge established in Code section 911.2B 9 and the domestic abuse protective order contempt surcharge 10 established in Code section 911.2C. The new surcharge amount 11 is $90. The surcharge is assessed if an adjudication of guilt 12 or deferred judgment has been entered for a violation of Code 13 section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a 14 defendant is held in contempt of court for violating a domestic 15 abuse protective order issued pursuant to Code chapter 236. 16 After combining the surcharges, the division repeals the second 17 surcharge in Code section 911.2C. 18 Division I repeals the law enforcement initiative surcharge 19 in Code section 911.3. Division I makes corresponding changes 20 to the Code. 21 DIVISION II —— COURT FUNDS. Division II increases the 22 allocation to the court technology and modernization fund 23 from $1 million to $9.4 million in Code section 602.8108. 24 Division II repeals the enhanced court collections fund in Code 25 section 602.1304(2). Division II makes corresponding changes 26 to the Code. Division II provides that any unobligated or 27 unencumbered moneys remaining in the enhanced court collections 28 fund in Code section 602.1304 at the end of the fiscal year 29 beginning July 1, 2017, and ending June 30, 2018, shall be 30 transferred to the court technology and modernization fund. 31 DIVISION III —— CIVIL FEES. Division III amends Code 32 sections 602.8105 and 631.6 to increase fees in civil cases by 33 $20. 34 DIVISION IV —— SCHEDULED VIOLATIONS. Division IV 35 -35- LSB 6176SV (1) 87 asf/jh 35/ 36

S.F. 2394 reclassifies the following simple misdemeanors as simple 1 misdemeanors punishable as scheduled violations: violations of 2 Code section 321.24 (issuance of registration and certificate 3 of title), violations of Code section 321.178(2)(a)(1) 4 (restricted license), violations of Code section 321.260(2) 5 (unlawful possession of traffic-control device), violations 6 of Code section 321.262 (leaving the scene of an accident), 7 violations of Code section 321.264 (striking unattended 8 vehicle), violations of Code section 321.265 (striking 9 fixtures upon a highway), violations of Code section 321.278 10 (drag racing), violations of Code section 321.324A (funeral 11 processions), violations of Code section 321.371 (clearing 12 up wrecks), violations of Code section 321.372(3) (school 13 bus violations by driver of vehicle), violations of Code 14 section 321.383 (exceptions —— slow vehicles identified), and 15 violations of Code section 321.431 (brake performance). 16 Division IV raises nearly all of the amounts for simple 17 misdemeanors punishable as scheduled violations in Code 18 sections 805.8A (motor vehicle and transportation), 805.8B 19 (navigation, recreation, hunting, and fishing), and 805.8C 20 (miscellaneous), by approximately 28 percent. 21 DIVISION V —— MISDEMEANOR AND FELONY FINES. Division 22 V modifies the minimum and maximum criminal fines for 23 misdemeanors and felonies. Currently, a simple misdemeanor 24 fine ranges from $65 to $625, a serious misdemeanor fine ranges 25 from $315 to $1,875, an aggravated misdemeanor fine ranges 26 from $625 to $6,250, a class “D” felony fine ranges from $750 27 to $7,500, and a class “C” felony fine ranges from $1,000 to 28 $10,000. Under Division V, a simple misdemeanor fine ranges 29 from $90 to $855, a serious misdemeanor fine ranges from $430 30 to $2,560, an aggravated misdemeanor fine ranges from $855 to 31 $8,540, a class “D” felony fine ranges from $1,025 to $10,245, 32 and a class “C” felony fine ranges from $1,370 to $13,660. 33 -36- LSB 6176SV (1) 87 asf/jh 36/ 36