Senate File 225 - Introduced SENATE FILE 225 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1059) A BILL FOR An Act relating to surcharges added to criminal penalties, 1 court funds, civil fees, misdemeanor and felony fines, and 2 fines associated with scheduled violations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1922SV (1) 88 asf/jh
S.F. 225 DIVISION I 1 SURCHARGES ADDED TO CRIMINAL PENALTIES 2 Section 1. Section 331.302, subsection 2, Code 2019, 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 2019, 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 2019, 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 , and 911.5 . 27 Sec. 4. Section 602.8107, subsection 2, paragraph c, 28 subparagraph (2), Code 2019, 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 2019, 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 1922SV (1) 88 asf/jh 1/ 40
S.F. 225 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, 4, 5, and 7, Code 7 2019, 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 fifty-nine 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-eight percent in the criminalistics laboratory fund 21 established in section 691.9, and three percent in the drug 22 abuse resistance education fund established in section 80E.4 . 23 4. The clerk of the district court shall remit all moneys 24 collected from the drug abuse resistance education surcharge 25 provided in section 911.2 to the state court administrator 26 for deposit in the general fund of the state and the amount 27 deposited is appropriated to the governor’s office of drug 28 control policy for use by the drug abuse resistance education 29 program and other programs directed for a similar purpose. 30 5. The clerk of the district court shall remit all 31 moneys collected from the assessment of the law enforcement 32 initiative surcharge provided in section 911.3 to the state 33 court administrator no later than the fifteenth day of each 34 month for deposit in the general fund of the state. The clerk 35 -2- LSB 1922SV (1) 88 asf/jh 2/ 40
S.F. 225 of the district court shall remit all moneys collected from 1 the agricultural property offense surcharge as provided in 2 section 911.5 to the state court administrator. The moneys are 3 appropriated to the judicial branch for purposes of supporting 4 judicial branch operations. 5 7. The clerk of the district court shall remit all moneys 6 collected from the assessment of the surcharges provided in 7 sections 911.2B and 911.2C to the state court administrator for 8 deposit in the address confidentiality program revolving fund 9 created in section 9.8 . 10 Sec. 7. Section 805.8, subsection 1, Code 2019, is amended 11 to read as follows: 12 1. Application. Except as otherwise indicated, violations 13 of sections of the Code specified in sections 805.8A , 805.8B , 14 and 805.8C are scheduled violations, and the scheduled fine 15 for each of those violations is as provided in those sections, 16 whether the violation is of state law or of a county or city 17 ordinance. The criminal penalty crime services surcharge 18 required by section 911.1 and the county enforcement surcharge 19 required by section 911.4 , if applicable, shall be added to the 20 scheduled fine. 21 Sec. 8. Section 902.9, subsection 2, Code 2019, is amended 22 to read as follows: 23 2. The surcharges required by sections 911.1 , 911.2 , 24 911.2A , and 911.3 911.5 shall be added to a fine imposed on a 25 class “C” or class “D” felon, as provided by those sections, 26 and are not a part of or subject to the maximums set in this 27 section . 28 Sec. 9. Section 903.1, subsection 4, Code 2019, is amended 29 to read as follows: 30 4. The surcharges required by sections 911.1 , 911.2 , 31 911.2A , 911.3 , and 911.4 , and 911.5 shall be added to a fine 32 imposed on a misdemeanant as provided in those sections, 33 and are not a part of or subject to the maximums set in this 34 section . 35 -3- LSB 1922SV (1) 88 asf/jh 3/ 40
S.F. 225 Sec. 10. Section 911.1, Code 2019, is amended to read as 1 follows: 2 911.1 Criminal penalty Crime services surcharge. 3 1. A criminal penalty crime services surcharge shall be 4 levied against law violators as provided in this section . 5 When a court imposes a fine or forfeiture for a violation of 6 state law, or a city or county ordinance, except an ordinance 7 regulating the parking of motor vehicles, the court or the 8 clerk of the district court shall assess an additional penalty 9 in the form of a criminal penalty crime services surcharge 10 equal to thirty-five ten percent of the fine or forfeiture 11 imposed. 12 2. In the event of multiple offenses, the surcharge shall 13 be based upon the total amount of fines or forfeitures imposed 14 for all offenses. 15 3. When a fine or forfeiture is suspended in whole or in 16 part, the court shall reduce the surcharge in proportion to the 17 amount suspended. 18 4. The surcharge is subject to the provisions of chapter 19 909 governing the payment and collection of fines, as provided 20 in section 909.8 . 21 5. The surcharge shall be remitted by the clerk of court as 22 provided in section 602.8108, subsection 3 . 23 Sec. 11. Section 911.2A, subsection 1, Code 2019, is amended 24 to read as follows: 25 1. In addition to any other surcharge, the court or clerk 26 of the district court shall assess a human trafficking victim 27 surcharge of one thousand dollars if an adjudication of 28 guilt or a deferred judgment has been entered for a criminal 29 violation of section 725.1, subsection 2 , or section 710A.2 , 30 725.2 , or 725.3 . 31 Sec. 12. Section 911.2B, Code 2019, is amended to read as 32 follows: 33 911.2B Domestic abuse assault, domestic abuse protective 34 order contempt, sexual abuse, stalking, and human trafficking 35 -4- LSB 1922SV (1) 88 asf/jh 4/ 40
S.F. 225 victim surcharge. 1 1. In addition to any other surcharge, the court or clerk 2 of the district court shall assess a domestic abuse assault, 3 domestic abuse protective order contempt, sexual abuse, 4 stalking, and human trafficking victim surcharge of one hundred 5 ninety dollars if an adjudication of guilt or a deferred 6 judgment has been entered for a violation of section 708.2A , 7 708.11 , or 710A.2 , or chapter 709 , or if a defendant is held 8 in contempt of court for violating a domestic abuse protective 9 order issued pursuant to chapter 236 . 10 2. In the event of multiple offenses, the surcharge shall be 11 imposed for each applicable offense. 12 3. The surcharge shall be remitted by the clerk of court as 13 provided in section 602.8108, subsection 7 . 14 Sec. 13. NEW SECTION . 911.5 Agricultural property offense 15 surcharge. 16 1. In addition to any other surcharge, the court or clerk 17 of the district court shall assess an agricultural property 18 offense surcharge equal to thirty-five percent of the fine or 19 forfeiture imposed upon a conviction for committing any of the 20 following: 21 a. Theft of agricultural property under section 714.2, 22 subsection 1, 2, or 3. 23 b. Criminal mischief under section 716.3, 716.4, or 716.5, 24 by damaging, defacing, altering, or destroying agricultural 25 property. 26 2. As used in this section, agricultural property means any 27 of the following: 28 a. A crop as defined in section 717A.1. 29 b. Livestock as defined in section 717.1. 30 c. (1) A colony or package as defined in section 160.1A, 31 or a hive where bees are kept as described in section 160.5, 32 if the department of agriculture and land stewardship is 33 authorized by that chapter to inspect the colony, package, or 34 hive or to regulate the movement of the colony, package, or 35 -5- LSB 1922SV (1) 88 asf/jh 5/ 40
S.F. 225 hive. 1 (2) A queen bee that is part of a colony or is being moved 2 to be part of a colony as described in subparagraph (1). 3 3. The surcharge shall be remitted by the clerk of the 4 district court as provided in section 602.8108, subsection 5. 5 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code 6 2019, are repealed. 7 DIVISION II 8 COURT FUNDS 9 Sec. 15. Section 602.1302, subsection 1, Code 2019, is 10 amended to read as follows: 11 1. Except as otherwise provided by sections 602.1303 , 12 602.1304 , and 602.8108 or other applicable law, the expenses of 13 operating and maintaining the judicial branch shall be paid out 14 of the general fund of the state from funds appropriated by the 15 general assembly for the judicial branch. State funding shall 16 be phased in as provided in section 602.11101 . 17 Sec. 16. Section 602.1304, subsection 1, Code 2019, is 18 amended to read as follows: 19 1. Except as provided in article 8 and subsection 2 of this 20 section , all fees and other revenues collected by judicial 21 officers and court employees shall be paid into the general 22 fund of the state. 23 Sec. 17. Section 602.1304, subsection 2, Code 2019, is 24 amended by striking the subsection. 25 Sec. 18. Section 602.8108, subsection 9, Code 2019, is 26 amended by striking the subsection and inserting in lieu 27 thereof the following: 28 9. a. A court technology and modernization fund is 29 established as a separate fund in the state treasury. The 30 state court administrator shall allocate nine million dollars 31 of the moneys received under subsection 2 to be deposited in 32 the fund, which shall be administered by the judicial branch. 33 b. The moneys in the fund used to enhance the ability of the 34 judicial branch to process cases more quickly and efficiently, 35 -6- LSB 1922SV (1) 88 asf/jh 6/ 40
S.F. 225 to electronically transmit information to state government, 1 local governments, law enforcement agencies, and the public, 2 and to improve public access to the court system. The moneys 3 in the collection fund may also be used for any the following: 4 (1) The Iowa court information system. 5 (2) Records management, equipment, services, and projects. 6 (3) Other technological improvements approved by the 7 judicial branch. 8 (4) Electronic legal research equipment, systems, and 9 projects. 10 (5) The study, development, and implementation of other 11 innovations and projects that would improve the administration 12 of justice. 13 (6) Capital improvements necessitated by the installation 14 of or connection with the Iowa court information system, the 15 Iowa communications network, or other like networks. 16 c. The fund shall be separate from the general fund of 17 the state and the balance in the fund shall not be considered 18 part of the balance of the general fund of the state. 19 Notwithstanding section 8.33, moneys in the fund shall not 20 revert to the general fund. Notwithstanding section 12C.7, 21 subsection 2, interest or earnings on moneys in the court 22 technology and modernization fund shall remain in the court 23 technology and modernization fund and any interest and earnings 24 shall be in addition to the maximum annual deposit amount. 25 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated 26 or unencumbered moneys remaining in the enhanced court 27 collections fund in section 602.1304 at the end of the fiscal 28 year beginning July 1, 2018, and ending June 30, 2019, shall be 29 transferred to the court technology and modernization fund. 30 DIVISION III 31 CIVIL FEES 32 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019, 33 are amended to read as follows: 34 1. The clerk of the district court shall collect the 35 -7- LSB 1922SV (1) 88 asf/jh 7/ 40
S.F. 225 following fees: 1 a. Except as otherwise provided in this subsection , for 2 filing and docketing a petition, one two hundred eighty-five 3 five dollars. In counties having a population of ninety-eight 4 thousand or over, an additional five dollars shall be charged 5 and collected to be known as the journal publication fee and 6 used for the purposes provided for in section 618.13 . 7 b. For filing and docketing a petition for dissolution 8 of marriage, which includes the docketing of any dissolution 9 decree, two hundred seventy-five dollars. It is the intent of 10 the general assembly that twenty percent of the funds generated 11 from these fees be appropriated and used for sexual assault 12 and domestic violence centers and eighty percent of the funds 13 generated from these fees be appropriated to the general fund 14 of the state. 15 b. c. For filing and docketing a petition pursuant to 16 chapter 598 other than a dissolution of marriage petition, one 17 hundred twenty dollars. 18 c. d. For filing and docketing an application for 19 modification of a dissolution decree to which a written 20 stipulation is attached at the time of filing containing the 21 agreement of the parties to the terms of modification, one 22 hundred twenty dollars. 23 d. For entering a final decree of dissolution of marriage, 24 fifty dollars. It is the intent of the general assembly that 25 the funds generated from the dissolution fees be appropriated 26 and used for sexual assault and domestic violence centers. 27 e. For filing and docketing a petition for adoption 28 pursuant to chapter 600 , one hundred zero dollars. For 29 multiple adoption petitions filed at the same time by the same 30 petitioner under section 600.3 , the filing fee and any court 31 costs for any petition filed in addition to the first petition 32 filed are waived. 33 f. For filing and docketing a small claims action, the 34 amounts specified in section 631.6 . 35 -8- LSB 1922SV (1) 88 asf/jh 8/ 40
S.F. 225 g. For an appeal from a judgment in small claims or for 1 filing and docketing a writ of error, one hundred eighty-five 2 dollars. 3 h. For a motion to show cause in a civil case, fifty seventy 4 dollars. 5 i. For filing and docketing a transcript of the judgment in 6 a civil case, fifty seventy dollars. 7 j. For filing a tribal judgment, one hundred twenty dollars. 8 2. The clerk of the district court shall collect the 9 following fees for miscellaneous services: 10 a. For filing and entering any other statutory lien, fifty 11 seventy dollars. 12 b. For a certificate and seal, twenty forty dollars. 13 However, there shall be no charge for a certificate and seal to 14 an application to procure a pension, bounty, or back pay for a 15 member of the armed services or other person. 16 c. For certifying a change in title of real estate, fifty 17 seventy dollars. 18 d. For filing a praecipe to issue execution under chapter 19 626 , twenty-five forty-five dollars. The fee shall be 20 recoverable by the creditor from the debtor against whom the 21 execution is issued. A fee payable by a political subdivision 22 of the state under this paragraph shall be collected by the 23 clerk of the district court as provided in section 602.8109 . 24 However, the fee shall be waived and shall not be collected 25 from a political subdivision of the state if a county attorney 26 or county attorney’s designee is collecting a delinquent 27 judgment pursuant to section 602.8107, subsection 4 . 28 e. For filing a praecipe to issue execution under chapter 29 654 , fifty seventy dollars. 30 f. For filing a confession of judgment under chapter 676 , 31 fifty seventy dollars if the judgment is five thousand dollars 32 or less, and one hundred twenty dollars if the judgment exceeds 33 five thousand dollars. 34 g. For filing a lis pendens, fifty seventy dollars. 35 -9- LSB 1922SV (1) 88 asf/jh 9/ 40
S.F. 225 h. For applicable convictions under section 692A.110 prior 1 to July 1, 2009, a civil penalty of two hundred twenty dollars, 2 and for applicable convictions under section 692A.110 on or 3 after July 1, 2009, a civil penalty of two hundred fifty 4 seventy dollars. 5 i. Other fees provided by law. 6 Sec. 21. Section 631.6, subsection 1, paragraphs a and c, 7 Code 2019, are amended to read as follows: 8 a. Fees for filing and docketing shall be eighty-five one 9 hundred five dollars. 10 c. Postage charged for the mailing of original notice shall 11 be ten thirty dollars. 12 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial 13 branch shall conduct a study to determine whether the amount of 14 the current fee to appear pro hac vice is appropriate. If the 15 judicial branch determines that the fee to appear pro hac vice 16 is not appropriate, the judicial branch shall adjust the fee 17 accordingly. 18 DIVISION IV 19 SCHEDULED VIOLATIONS 20 Sec. 23. Section 321.24, subsection 12, Code 2019, is 21 amended to read as follows: 22 12. A person who violates this section commits a simple 23 misdemeanor punishable as a scheduled violation under section 24 805.8A, subsection 2, paragraph “b” . 25 Sec. 24. Section 321.260, subsection 2, Code 2019, is 26 amended to read as follows: 27 2. It shall be unlawful for any person to have in the 28 person’s possession any official traffic-control device 29 except by legal right or authority. Any person convicted 30 of unauthorized possession of any official traffic-control 31 device shall upon conviction be guilty of a simple misdemeanor 32 punishable as a scheduled violation under section 805.8A, 33 subsection 8, paragraph “c” . In addition to any other 34 penalties, the punishment imposed for a violation of this 35 -10- LSB 1922SV (1) 88 asf/jh 10/ 40
S.F. 225 subsection shall include assessment of a fine of not less than 1 two three hundred fifty twenty dollars. 2 Sec. 25. Section 321.262, subsection 2, Code 2019, is 3 amended to read as follows: 4 2. The driver shall remain at the scene of the accident 5 until the driver has fulfilled the requirements of section 6 321.263 . Any person failing to remain at the scene of the 7 accident or fulfill the requirements of section 321.263 under 8 such circumstances shall be guilty of a simple misdemeanor 9 and punished as provided in section 321.482 punishable as 10 a scheduled violation under section 805.8A, subsection 14, 11 paragraph “m” . 12 Sec. 26. Section 321.264, Code 2019, is amended to read as 13 follows: 14 321.264 Striking unattended vehicle. 15 The driver of any vehicle which collides with any vehicle 16 which is unattended shall immediately stop and shall then and 17 there either locate and notify the operator or owner of such 18 vehicle of the name and address of the driver and owner of the 19 vehicle striking the unattended vehicle or shall leave in a 20 conspicuous place in the vehicle struck a written notice giving 21 the name and address of the driver and of the owner of the 22 vehicle doing the striking and a statement of the circumstances 23 thereof. A person who violates this section commits a simple 24 misdemeanor punishable as a scheduled violation under section 25 805.8A, subsection 14, paragraph “n” . 26 Sec. 27. Section 321.265, Code 2019, is amended to read as 27 follows: 28 321.265 Striking fixtures upon a highway. 29 The driver of a vehicle involved in an accident resulting 30 in damage to property legally upon or adjacent to a highway 31 shall take reasonable steps to locate and notify the owner, 32 a peace officer, or person in charge of the damaged property 33 of the damage and shall inform the person of the driver’s name 34 and address and the registration number of the vehicle causing 35 -11- LSB 1922SV (1) 88 asf/jh 11/ 40
S.F. 225 the damage and shall, upon request and if available, exhibit 1 the driver’s license of the driver of the vehicle and shall 2 report the accident when and as required in section 321.266 . A 3 person who violates this section commits a simple misdemeanor 4 punishable as a scheduled violation under section 805.8A, 5 subsection 14, paragraph “o” . 6 Sec. 28. Section 321.324A, Code 2019, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 4. A person who violates this section 9 commits a simple misdemeanor punishable as a scheduled 10 violation under section 805.8A, subsection 6, paragraph “s” . 11 Sec. 29. Section 321.371, subsection 2, Code 2019, is 12 amended to read as follows: 13 2. A person who violates this section commits a simple 14 misdemeanor punishable as a scheduled violation under section 15 805.8A, subsection 14, paragraph “q” . 16 Sec. 30. Section 321.383, subsection 4, Code 2019, is 17 amended to read as follows: 18 4. Any Except as provided in subsection 5, any person 19 who violates any provision of this section shall be fined 20 as provided in commits a simple misdemeanor punishable as a 21 scheduled violation under section 805.8A, subsection 3 . 22 Sec. 31. Section 321.383, Code 2019, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 5. A person who operates a self-propelled 25 implement of husbandry at a speed which exceeds the limit 26 of thirty-five miles per hour commits a simple misdemeanor 27 punishable as a scheduled violation under section 805.8A, 28 subsection 5. 29 Sec. 32. Section 321.431, subsection 6, Code 2019, is 30 amended to read as follows: 31 6. A person who violates this section commits a simple 32 misdemeanor punishable as a scheduled violation under section 33 805.8A, subsection 3, paragraph “ad” . 34 Sec. 33. Section 805.8A, Code 2019, is amended to read as 35 -12- LSB 1922SV (1) 88 asf/jh 12/ 40
S.F. 225 follows: 1 805.8A Motor vehicle and transportation scheduled violations. 2 1. Parking violations. 3 a. For parking violations under sections 321.236 , 321.239 , 4 321.358 , 321.360 , and 321.361 , the scheduled fine is five 5 dollars, except if the local authority has established the 6 fine by ordinance. The scheduled fine for a parking violation 7 pursuant to section 321.236 increases by five dollars if 8 authorized by ordinance and if the parking violation is not 9 paid within thirty days of the date upon which the violation 10 occurred. For purposes of calculating the unsecured appearance 11 bond required under section 805.6 , the scheduled fine shall 12 be five dollars, or if the amount of the fine is greater than 13 five dollars, the unsecured appearance bond shall be the amount 14 of the fine established by the local authority. However, 15 violations charged by a city or county upon simple notice of a 16 fine instead of a uniform citation and complaint required by 17 section 321.236, subsection 1 , paragraph “b” , are not scheduled 18 violations, and this section shall not apply to any offense 19 charged in that manner. For a parking violation under section 20 461A.38 , the scheduled fine is ten dollars. For a parking 21 violation under section 321.362 , the scheduled fine is twenty 22 dollars. 23 b. For a parking violation under section 321L.2A, subsection 24 2 , the scheduled fine is twenty dollars. 25 c. For violations under section 321L.2A, subsection 3 , 26 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 27 scheduled fine is two hundred dollars. 28 2. Title and registration violations. For title or 29 registration violations under the following sections, the 30 scheduled fine is as follows: 31 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 32 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . $130. 33 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $130 . 34 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 35 -13- LSB 1922SV (1) 88 asf/jh 13/ 40
S.F. 225 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 1 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 2 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 3 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 4 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $130 . 5 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $130 . 6 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $130 . 7 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $130 . 8 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $130 . 9 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 10 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $130 . 11 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $130 . 12 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $130 . 13 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 14 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $255 . 15 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $130 . 16 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 40 . 17 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 40 . 18 3. Equipment violations. For equipment violations under the 19 following sections, the scheduled fine is as follows: 20 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 21 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $130 . 22 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 23 d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $130 . 24 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $130 . 25 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 26 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 40 . 27 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 28 i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 29 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 30 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 31 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 32 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 33 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 34 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 35 -14- LSB 1922SV (1) 88 asf/jh 14/ 40
S.F. 225 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 1 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 2 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 3 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 4 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 5 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 6 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 7 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 8 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 9 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 10 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 11 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 12 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 13 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $130 . 14 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . $130. 15 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 25 . 16 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 40 . 17 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 25 . 18 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 65 . 19 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 25 . 20 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 25 . 21 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 25 . 22 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 25 . 23 al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 25 . 24 4. Driver’s license violations. For driver’s license 25 violations under the following sections, the scheduled fine is 26 as follows: 27 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 28 b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 29 c. Section 321.178, subsection 2 , 30 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 40 . 31 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 32 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 33 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 34 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 35 -15- LSB 1922SV (1) 88 asf/jh 15/ 40
S.F. 225 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 130 . 1 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 2 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 3 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 4 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 5 5. Speed violations. 6 a. For excessive speed violations in excess of the limit 7 under section 321.236, subsections 5 and 11 , sections section 8 321.285 , section 321.383, subsection 5, and section 461A.36 , 9 the scheduled fine shall be the following: 10 (1) Twenty Twenty-five dollars for speed not more than five 11 miles per hour in excess of the limit. 12 (2) Forty Fifty dollars for speed greater than five but not 13 more than ten miles per hour in excess of the limit. 14 (3) Eighty One hundred dollars for speed greater than ten 15 but not more than fifteen miles per hour in excess of the 16 limit. 17 (4) Ninety One hundred fifteen dollars for speed greater 18 than fifteen but not more than twenty miles per hour in excess 19 of the limit. 20 (5) One hundred thirty dollars plus five dollars for each 21 mile per hour of excessive speed over twenty miles per hour 22 over the limit. 23 b. Excessive speed by a school bus is punishable as provided 24 in subsection 10 . 25 c. Excessive speed in conjunction with a violation of 26 section 321.278 is not a scheduled violation, whatever the 27 amount of excess speed. 28 d. For a violation under section 321.295 , the scheduled fine 29 is fifty sixty-five dollars. 30 6. Operating violations. For operating violations under the 31 following sections, the scheduled fine is as follows: 32 a. Section 321.236, subsections 3, 4, 9, 33 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 34 b. Section 321.275, subsections 1 35 -16- LSB 1922SV (1) 88 asf/jh 16/ 40
S.F. 225 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 1 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 2 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $130 . 3 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $130 . 4 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $130 . 5 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $130 . 6 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $130 . 7 i. Section 321.304, subsections 1 8 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 9 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $130 . 10 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $130 . 11 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $130 . 12 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $130 . 13 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $130 . 14 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 15 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 16 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 17 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $130 . 18 s. Section 321.324A . . . . . . . . . . . . . . . . . . . $130. 19 s. t. Section 321.340 . . . . . . . . . . . . . . . . . $100 $130 . 20 t. u. Section 321.353 . . . . . . . . . . . . . . . . . $100 $130 . 21 u. v. Section 321.354 . . . . . . . . . . . . . . . . . $100 $130 . 22 v. w. Section 321.363 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 23 w. x. Section 321.365 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 24 x. y. Section 321.366 . . . . . . . . . . . . . . . . . $100 $130 . 25 y. z. Section 321.395 . . . . . . . . . . . . . . . . . $100 $130 . 26 7. Failure to yield or obey violations. For failure to yield 27 or obey violations under the following sections, the scheduled 28 fine is as follows: 29 a. Section 321.257, subsection 2 , 30 for a violation by an operator of a 31 motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 32 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $130 . 33 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $130 . 34 d. Section 321.308 . . . . . . . . . . . . . . . . . . . . $100 $130 . 35 -17- LSB 1922SV (1) 88 asf/jh 17/ 40
S.F. 225 e. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $130 . 1 f. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $130 . 2 g. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $130 . 3 h. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $130 . 4 i. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $130 . 5 j. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $130 . 6 k. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $130 . 7 8. Traffic sign or signal violations. For traffic sign or 8 signal violations under the following sections, the scheduled 9 fine is as follows: 10 a. Section 321.236, subsections 2 and 6 . $ 35 $ 45 . 11 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $130 . 12 c. Section 321.260, subsection 2 . . . . . . . $130. 13 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $130 . 14 d. e. Section 321.304, subsection 3 . . . $100 $130 . 15 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $130 . 16 9. Bicycle or pedestrian violations. For bicycle or 17 pedestrian violations under the following sections, the 18 scheduled fine for a pedestrian or bicyclist is as follows: 19 a. Section 321.234, subsections 3 and 4 . $ 25 $ 30 . 20 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 20 . 21 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 30 . 22 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 30 . 23 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 24 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 25 g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 26 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 27 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 28 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 29 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 30 9A. Electric personal assistive mobility device 31 violations. For violations under section 321.235A , the 32 scheduled fine is fifteen twenty dollars. 33 10. School bus violations. For violations by an operator of 34 a school bus under sections 321.285 and 321.372, subsections 35 -18- LSB 1922SV (1) 88 asf/jh 18/ 40
S.F. 225 1 and 2 , the scheduled fine is one hundred thirty dollars. 1 However, an excessive speed violation by a school bus of 2 more than ten miles per hour in excess of the limit is not a 3 scheduled violation. 4 11. a. Emergency vehicle and equipment-related 5 violations. For violations relating to authorized emergency 6 vehicles, fire apparatus and equipment, and police bicycles 7 under the following sections, the scheduled fine is as follows: 8 (1) Section 321.231 . . . . . . . . . . . . . . . . . . . $100 $130 . 9 (2) Section 321.323A, subsection 1 . . . . $100 $130 . 10 (3) Section 321.324 . . . . . . . . . . . . . . . . . . . $100 $130 . 11 (4) Section 321.367 . . . . . . . . . . . . . . . . . . . $100 $130 . 12 (5) Section 321.368 . . . . . . . . . . . . . . . . . . . $100 $130 . 13 b. Violations relating to stationary nonemergency vehicles. 14 For violations relating to the approach of certain stationary 15 nonemergency vehicles under section 321.323A, subsections 2 and 16 3 , the scheduled fine is one hundred thirty dollars. 17 12. Restrictions on vehicles. 18 a. For violations under sections 321.309 , 321.310 , 321.394 , 19 321.461 , and 321.462 , the scheduled fine is thirty-five 20 forty-five dollars. 21 b. For violations under section 321.437 , the scheduled fine 22 is thirty-five forty-five dollars. 23 c. For height, length, width, and load violations under 24 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 25 scheduled fine is two hundred fifty-five dollars. 26 d. For violations under section 321.466 , the scheduled fine 27 is twenty twenty-five dollars for each two thousand pounds or 28 fraction thereof of overweight. 29 e. (1) Violations of the schedule of axle and tandem axle 30 and gross or group of axle weight violations in section 321.463 31 shall be scheduled violations subject to the provisions, 32 procedures, and exceptions contained in sections 805.6 through 33 805.11 , irrespective of the amount of the fine under that 34 schedule. 35 -19- LSB 1922SV (1) 88 asf/jh 19/ 40
S.F. 225 (a) Violations of the schedule of weight violations shall be 1 chargeable, where the fine charged does not exceed one thousand 2 dollars, only by uniform citation and complaint. 3 (b) Violations of the schedule of weight violations, where 4 the fine charged exceeds one thousand dollars shall, when the 5 violation is admitted and section 805.9 applies, be chargeable 6 upon uniform citation and complaint, indictment, or county 7 attorney’s information, but otherwise shall be chargeable only 8 upon indictment or county attorney’s information. 9 (2) In all cases of charges under the schedule of weight 10 violations, the charge shall specify the amount of fine charged 11 under the schedule. Where a defendant is convicted and the 12 fine under the foregoing schedule of weight violations exceeds 13 one thousand dollars, the conviction shall be of an indictable 14 offense although section 805.9 is employed and whether the 15 violation is charged upon uniform citation and complaint, 16 indictment, or county attorney’s information. 17 f. For a violation under section 321E.16 , other than the 18 provisions relating to weight, the scheduled fine is two 19 hundred fifty-five dollars. 20 13. Motor carrier and other operator violations. 21 a. (1) For a violation under section 321.54 , the scheduled 22 fine is thirty forty dollars. 23 (2) For violations under sections 326.22 and 326.23 , the 24 scheduled fine is fifty sixty-five dollars. 25 b. For a violation under section 321.449 , 321.449A , or 26 321.449B , the scheduled fine is fifty sixty-five dollars. 27 c. For violations under sections 321.364 , 321.450 , 321.460 , 28 and 452A.52 , the scheduled fine is two hundred fifty-five 29 dollars. 30 d. For violations of section 325A.3, subsection 6 , or 31 section 325A.8 , the scheduled fine is one hundred thirty 32 dollars. 33 e. For violations of chapter 325A , other than a violation of 34 section 325A.3, subsection 6 , or section 325A.8 , the scheduled 35 -20- LSB 1922SV (1) 88 asf/jh 20/ 40
S.F. 225 fine is two three hundred fifty twenty dollars. 1 f. For violations of section 327B.1, subsection 1 or 3 , the 2 scheduled fine is two three hundred fifty twenty dollars. 3 14. Miscellaneous violations. 4 a. Failure to obey a peace officer. For a violation under 5 section 321.229 , the scheduled fine is one hundred thirty 6 dollars. 7 b. Abandoning a motor vehicle. For a violation under 8 section 321.91 , the scheduled fine is two hundred fifty-five 9 dollars. 10 c. Seat belt or restraint violations. 11 (1) For a violation under section 321.445 , the scheduled 12 fine is fifty sixty-five dollars. 13 (2) For a violation under section 321.446 , the scheduled 14 fine is one hundred thirty dollars. 15 d. Litter and debris violations. For violations under 16 sections 321.369 and 321.370 , the scheduled fine is seventy 17 ninety dollars. 18 e. Open container violations. For violations under sections 19 321.284 and 321.284A , the scheduled fine is two hundred 20 fifty-five dollars. 21 f. Proof of financial responsibility. If, in connection with 22 a motor vehicle accident, a person is charged and found guilty 23 of a violation of section 321.20B, subsection 1 , the scheduled 24 fine is five six hundred forty dollars; otherwise, the 25 scheduled fine for a violation of section 321.20B, subsection 26 1 , is two three hundred fifty twenty dollars. Notwithstanding 27 section 805.12 , fines collected pursuant to this paragraph 28 shall be submitted to the state court administrator and 29 distributed fifty percent to the victim compensation fund 30 established in section 915.94 , twenty-five percent to the 31 county in which such fine is imposed, and twenty-five percent 32 to the general fund of the state. 33 g. Speed detection jamming devices. For a violation under 34 section 321.232 , the scheduled fine is one hundred thirty 35 -21- LSB 1922SV (1) 88 asf/jh 21/ 40
S.F. 225 dollars. 1 h. Railroad crossing violations. For violations under 2 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 3 the scheduled fine is two hundred fifty-five dollars. 4 i. Road work zone violations. The scheduled fine for any 5 moving traffic violation under chapter 321 , as provided in 6 this section , shall be doubled if the violation occurs within 7 any road work zone, as defined in section 321.1 . However, 8 notwithstanding subsection 5 , the scheduled fine for violating 9 the speed limit in a road work zone is as follows: 10 (1) One hundred fifty ninety dollars for speed not more than 11 ten miles per hour over the posted speed limit. 12 (2) Three hundred eighty-five dollars for speed greater 13 than ten but not more than twenty miles per hour over the 14 posted speed limit. 15 (3) Five Six hundred forty dollars for speed greater than 16 twenty but not more than twenty-five miles per hour over the 17 posted speed limit. 18 (4) One thousand two hundred eighty dollars for speed 19 greater than twenty-five miles per hour over the posted speed 20 limit. 21 j. Vehicle component parts records violations. For 22 violations under section 321.95 , the scheduled fine is fifty 23 sixty-five dollars. 24 k. Actions against a person on a bicycle. For violations 25 under section 321.281 , the scheduled fine is two three hundred 26 fifty twenty dollars. 27 l. Writing, sending, or viewing an electronic message while 28 driving violations. For violations under section 321.276 , the 29 scheduled fine is thirty forty dollars. 30 m. Leaving scene of traffic accident. For violations under 31 section 321.262, the scheduled fine is one hundred thirty 32 dollars. 33 n. Striking unattended vehicle. For violations under 34 section 321.264, the scheduled fine is one hundred thirty 35 -22- LSB 1922SV (1) 88 asf/jh 22/ 40
S.F. 225 dollars. 1 o. Striking fixtures upon highway. For violations under 2 section 321.265, the scheduled fine is one hundred thirty 3 dollars. 4 p. Clearing up wrecks. For violations under section 5 321.371, the scheduled fine is thirty dollars. 6 Sec. 34. Section 805.8B, Code 2019, is amended to read as 7 follows: 8 805.8B Navigation, recreation, hunting, and fishing scheduled 9 violations. 10 1. Navigation violations. 11 a. For violations of registration, inspections, 12 identification, and record provisions under sections 462A.5 , 13 462A.35 , and 462A.37 , and for unused or improper or defective 14 lights and warning devices under section 462A.9, subsections 3, 15 4, 5, 9, and 10 , the scheduled fine is ten fifteen dollars. 16 b. For violations of registration, identification, and 17 record provisions under sections 462A.4 and 462A.10 , and for 18 unused or improper or defective equipment under section 462A.9, 19 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 20 for operation violations under sections 462A.26 , 462A.31 , and 21 462A.33 , the scheduled fine is twenty twenty-five dollars. 22 c. For operating violations under sections 462A.12 , 462A.15, 23 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 24 is twenty-five thirty dollars. However, a violation of section 25 462A.12, subsection 2 , is not a scheduled violation. 26 d. For violations of use, location, and storage of vessels, 27 devices, and structures under sections 462A.27 , 462A.28 , and 28 462A.32 , the scheduled fine is fifteen twenty dollars. 29 e. For violations of all subdivision ordinances under 30 section 462A.17, subsection 2 , except those relating to 31 matters subject to regulation by authority of section 462A.31, 32 subsection 5 , the scheduled fine is the same as prescribed for 33 similar violations of state law. For violations of subdivision 34 ordinances for which there is no comparable state law, the 35 -23- LSB 1922SV (1) 88 asf/jh 23/ 40
S.F. 225 scheduled fine is ten fifteen dollars. 1 2. Snowmobile violations. 2 a. For registration or user permit violations under section 3 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 4 fifty sixty-five dollars. 5 b. (1) For operating violations under section 321G.9 , the 6 scheduled fine is fifty sixty-five dollars. 7 (2) For operating violations under sections 321G.11 and 8 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 9 twenty twenty-five dollars. 10 (3) For operating violations under section 321G.13, 11 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 12 and section 321G.13, subsections 2 and 3 , the scheduled fine 13 is one hundred thirty dollars. 14 c. For improper or defective equipment under section 15 321G.12 , the scheduled fine is twenty twenty-five dollars. 16 d. For violations of section 321G.19 , the scheduled fine is 17 twenty twenty-five dollars. 18 e. For decal violations under section 321G.5 , the scheduled 19 fine is twenty twenty-five dollars. 20 f. For stop signal violations under section 321G.17 , the 21 scheduled fine is one hundred thirty dollars. 22 g. For violations of section 321G.20 and for education 23 certificate violations under section 321G.24, subsection 1 , the 24 scheduled fine is fifty sixty-five dollars. 25 h. For violations of section 321G.21 , the scheduled fine is 26 one hundred thirty dollars. 27 2A. All-terrain vehicle violations. 28 a. For registration or user permit violations under section 29 321I.3, subsection 1 , the scheduled fine is fifty sixty-five 30 dollars. 31 b. (1) For operating violations under sections 321I.12 and 32 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 33 twenty twenty-five dollars. 34 (2) For operating violations under section 321I.10, 35 -24- LSB 1922SV (1) 88 asf/jh 24/ 40
S.F. 225 subsections 1 and 4 , the scheduled fine is fifty sixty-five 1 dollars. 2 (3) For operating violations under section 321I.14, 3 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 4 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 5 is one hundred thirty dollars. 6 c. For improper or defective equipment under section 7 321I.13 , the scheduled fine is twenty twenty-five dollars. 8 d. For violations of section 321I.20 , the scheduled fine is 9 twenty twenty-five dollars. 10 e. For decal violations under section 321I.6 , the scheduled 11 fine is twenty twenty-five dollars. 12 f. For stop signal violations under section 321I.18 , the 13 scheduled fine is one hundred thirty dollars. 14 g. For violations of section 321I.21 and for education 15 certificate violations under section 321I.26, subsection 1 , the 16 scheduled fine is fifty sixty-five dollars. 17 h. For violations of section 321I.22 , the scheduled fine is 18 one hundred thirty dollars. 19 3. Hunting and fishing violations. 20 a. For violations of section 484A.2 , the scheduled fine is 21 ten fifteen dollars. 22 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 23 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 24 483A.27A , the scheduled fine is twenty twenty-five dollars. 25 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 26 481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 27 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 28 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 29 scheduled fine is twenty-five thirty dollars. 30 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 31 481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 32 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 33 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 34 scheduled fine is fifty sixty-five dollars. 35 -25- LSB 1922SV (1) 88 asf/jh 25/ 40
S.F. 225 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 1 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 2 483A.42 , the scheduled fine is one hundred thirty dollars. 3 f. For violations of section 481A.38 relating to the taking, 4 pursuing, killing, trapping or ensnaring, buying, selling, 5 possessing, or transporting any game, protected nongame 6 animals, fur-bearing animals, or fur or skin of the animals, 7 mussels, frogs, or fish or part of them, the scheduled fines 8 are as follows: 9 (1) For deer or turkey, the scheduled fine is one hundred 10 thirty dollars. 11 (2) For protected nongame, the scheduled fine is one hundred 12 thirty dollars. 13 (3) For mussels, frogs, spawn, or fish, the scheduled fine 14 is twenty-five thirty dollars. 15 (4) For other game, the scheduled fine is fifty sixty-five 16 dollars. 17 (5) For fur-bearing animals, the scheduled fine is 18 seventy-five ninety-five dollars. 19 g. For violations of section 481A.38 relating to an attempt 20 to take, pursue, kill, trap, buy, sell, possess, or transport 21 any game, protected nongame animals, fur-bearing animals, or 22 fur or skin of the animals, mussels, frogs, or fish or part of 23 them, the scheduled fines are as follows: 24 (1) For game or fur-bearing animals, the scheduled fine is 25 fifty sixty-five dollars. 26 (2) For protected nongame, the scheduled fine is fifty 27 sixty-five dollars. 28 (3) For mussels, frogs, spawn, or fish, the scheduled fine 29 is ten fifteen dollars. 30 h. For violations of section 481A.48 relating to 31 restrictions on game birds and animals, the scheduled fines are 32 as follows: 33 (1) For out-of-season, the scheduled fine is one hundred 34 thirty dollars. 35 -26- LSB 1922SV (1) 88 asf/jh 26/ 40
S.F. 225 (2) For over limit, the scheduled fine is one hundred thirty 1 dollars. 2 (3) For attempt to take, the scheduled fine is fifty 3 sixty-five dollars. 4 (4) For general waterfowl restrictions, the scheduled fine 5 is fifty sixty-five dollars. 6 (a) For no federal stamp, the scheduled fine is fifty 7 sixty-five dollars. 8 (b) For unplugged shotgun, the scheduled fine is ten fifteen 9 dollars. 10 (c) For possession of other than steel shot, the scheduled 11 fine is twenty-five thirty dollars. 12 (d) For early or late shooting, the scheduled fine is 13 twenty-five thirty dollars. 14 (5) For possession of a prohibited pistol or revolver while 15 hunting deer, the scheduled fine is one hundred thirty dollars. 16 (6) For possession of a prohibited rifle while hunting deer, 17 the scheduled fine is two three hundred fifty twenty dollars. 18 i. For violations of section 481A.67 relating to general 19 violations of fishing laws, the scheduled fine is twenty-five 20 thirty dollars. 21 (1) For over limit catch, the scheduled fine is thirty forty 22 dollars. 23 (2) For under minimum length or weight, the scheduled fine 24 is twenty twenty-five dollars. 25 (3) For out-of-season fishing, the scheduled fine is fifty 26 sixty-five dollars. 27 j. For violations of section 481A.73 relating to trotlines 28 and throwlines: 29 (1) For trotline or throwline violations in legal waters, 30 the scheduled fine is twenty-five thirty dollars. 31 (2) For trotline or throwline violations in illegal waters, 32 the scheduled fine is fifty sixty-five dollars. 33 k. For violations of section 481A.144, subsection 4 , or 34 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 35 -27- LSB 1922SV (1) 88 asf/jh 27/ 40
S.F. 225 (1) For general minnow violations, the scheduled fine is 1 twenty-five thirty dollars. 2 (2) For commercial purposes, the scheduled fine is fifty 3 sixty-five dollars. 4 l. For violations of section 481A.87 relating to the taking 5 or possessing of fur-bearing animals out of season: 6 (1) For red fox, gray fox, or mink, the scheduled fine is 7 one hundred thirty dollars. 8 (2) For all other furbearers, the scheduled fine is fifty 9 sixty-five dollars. 10 m. For violations of section 482.4 relating to gear tags: 11 (1) For commercial license violations, the scheduled fine 12 is one hundred thirty dollars. 13 (2) For no gear tags, the scheduled fine is twenty-five 14 thirty dollars. 15 n. For violations of section 482.11 , the scheduled fine is 16 one hundred thirty dollars. 17 o. For violations of rules adopted pursuant to section 18 483A.1 relating to licenses and permits, the scheduled fines 19 are as follows: 20 (1) For a license or permit costing ten dollars or less, the 21 scheduled fine is twenty twenty-five dollars. 22 (2) For a license or permit costing more than ten dollars 23 but not more than twenty dollars, the scheduled fine is thirty 24 forty dollars. 25 (3) For a license or permit costing more than twenty dollars 26 but not more than forty dollars, the scheduled fine is fifty 27 sixty-five dollars. 28 (4) For a license or permit costing more than forty dollars 29 but not more than fifty dollars, the scheduled fine is seventy 30 ninety dollars. 31 (5) For a license or permit costing more than fifty dollars 32 but less than one hundred dollars, the scheduled fine is one 33 hundred thirty dollars. 34 (6) For a license or permit costing one hundred dollars or 35 -28- LSB 1922SV (1) 88 asf/jh 28/ 40
S.F. 225 more, the scheduled fine is two times the cost of the original 1 license or permit. 2 p. For violations of section 483A.26 relating to false 3 claims for licenses: 4 (1) For making a false claim for a license by a resident, 5 the scheduled fine is fifty sixty-five dollars. 6 (2) For making a false claim for a license by a nonresident, 7 the scheduled fine is one hundred thirty dollars. 8 q. For violations of section 483A.36 relating to the 9 conveyance of guns: 10 (1) For conveying an assembled, unloaded gun, the scheduled 11 fine is twenty-five thirty dollars. 12 (2) For conveying a loaded gun, the scheduled fine is fifty 13 sixty-five dollars. 14 4. Ginseng violations. For a violation of section 456A.24, 15 subsection 11 , the scheduled fine is one hundred thirty 16 dollars. 17 5. Aquatic invasive species violations. For violations 18 of section 456A.37, subsection 3 , the scheduled fine is as 19 follows: 20 a. For violations of section 456A.37, subsection 3 , 21 paragraph “a” , the scheduled fine is five six hundred forty 22 dollars. 23 b. For violations of section 456A.37, subsection 3 , 24 paragraph “b” , the scheduled fine is seventy-five ninety-five 25 dollars. 26 c. For repeat violations of section 456A.37, subsection 3 , 27 paragraph “a” or “b” , within the same twelve-month period, the 28 scheduled fine shall include an additional fine of five six 29 hundred forty dollars for each violation. 30 6. Misuse of parks and preserves. 31 a. For violations under sections 461A.39 , 461A.45 , and 32 461A.50 , the scheduled fine is ten fifteen dollars. 33 b. For violations under sections 461A.40 , 461A.46 , and 34 461A.49 , the scheduled fine is fifteen twenty dollars. 35 -29- LSB 1922SV (1) 88 asf/jh 29/ 40
S.F. 225 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 1 the scheduled fine is fifty sixty-five dollars. 2 d. For violations of section 461A.48 , the scheduled fine is 3 twenty-five thirty dollars. 4 e. For violations under section 461A.43 , the scheduled fine 5 is thirty forty dollars. 6 Sec. 35. Section 805.8C, Code 2019, is amended to read as 7 follows: 8 805.8C Miscellaneous scheduled violations. 9 1. Energy emergency violations. For violations of an 10 executive order issued by the governor under the provisions of 11 section 473.8 , the scheduled fine is fifty sixty-five dollars. 12 2. Alcoholic beverage violations. For violations of section 13 123.49, subsection 2 , paragraph “h” , the scheduled fine for a 14 licensee or permittee is one thousand five nine hundred twenty 15 dollars, and the scheduled fine for a person who is employed by 16 a licensee or permittee is five six hundred forty dollars. 17 3. Violations related to smoking, tobacco, tobacco products, 18 alternative nicotine products, vapor products, and cigarettes. 19 a. For violations described in section 142D.9, subsection 1 , 20 the scheduled fine is fifty dollars, and is a civil penalty, 21 and the criminal penalty crime services surcharge under section 22 911.1 shall not be added to the penalty, and the court costs 23 pursuant to section 805.9, subsection 6 , shall not be imposed. 24 If the civil penalty assessed for a violation described in 25 section 142D.9, subsection 1 , is not paid in a timely manner, 26 a citation shall be issued for the violation in the manner 27 provided in section 804.1 . However, a person under age 28 eighteen shall not be detained in a secure facility for failure 29 to pay the civil penalty. The complainant shall not be charged 30 a filing fee. 31 b. For violations of section 453A.2, subsection 1 , by an 32 employee of a retailer, the scheduled fine is as follows: 33 (1) If the violation is a first offense, the scheduled fine 34 is one hundred thirty dollars. 35 -30- LSB 1922SV (1) 88 asf/jh 30/ 40
S.F. 225 (2) If the violation is a second offense, the scheduled fine 1 is two three hundred fifty twenty dollars. 2 (3) If the violation is a third or subsequent offense, the 3 scheduled fine is five six hundred forty dollars. 4 c. For violations of section 453A.2, subsection 2 , the 5 scheduled fine is as follows and is a civil penalty, and the 6 criminal penalty crime services surcharge under section 911.1 7 shall not be added to the penalty, and the court costs pursuant 8 to section 805.9, subsection 6 , shall not be imposed: 9 (1) If the violation is a first offense, the scheduled fine 10 is fifty dollars. 11 (2) If the violation is a second offense, the scheduled fine 12 is one hundred dollars. 13 (3) If the violation is a third or subsequent offense, the 14 scheduled fine is two hundred fifty dollars. 15 4. Electrical or mechanical amusement device violations. 16 a. For violations of legal age for operating an electrical 17 or mechanical amusement device required to be registered 18 as provided in section 99B.53 , pursuant to section 99B.57, 19 subsection 1 , the scheduled fine is two three hundred fifty 20 twenty dollars. Failure to pay the fine by a person under the 21 age of eighteen shall not result in the person being detained 22 in a secure facility. 23 b. For first offense violations concerning electrical or 24 mechanical amusement devices as provided in section 99B.54, 25 subsection 2 , the scheduled fine is two three hundred fifty 26 twenty dollars. 27 5. Gambling violations. 28 a. For violations of legal age for gambling wagering under 29 section 99D.11, subsection 7 , section 99F.9, subsection 4 , and 30 section 725.19, subsection 1 , the scheduled fine is five six 31 hundred forty dollars. Failure to pay the fine by a person 32 under the age of eighteen shall not result in the person being 33 detained in a secure facility. 34 b. For legal age violations for entering or attempting 35 -31- LSB 1922SV (1) 88 asf/jh 31/ 40
S.F. 225 to enter a facility under section 99F.9, subsection 5 , the 1 scheduled fine is five six hundred forty dollars. Failure to 2 pay the fine by a person under the age of eighteen shall not 3 result in the person being detained in a secure facility. 4 6. Pseudoephedrine sales violations. For violations of 5 section 126.23A, subsection 1 , by an employee of a retailer, or 6 for violations of section 126.23A, subsection 2 , paragraph “a” , 7 by a purchaser, the scheduled fine is as follows: 8 a. If the violation is a first offense, the scheduled fine 9 is two hundred fifty-five dollars. 10 b. If the violation is a second offense, the scheduled fine 11 is two three hundred fifty twenty dollars. 12 c. If the violation is a third or subsequent offense, the 13 scheduled fine is five six hundred forty dollars. 14 7. Alcoholic beverage violations by persons eighteen, 15 nineteen, or twenty years of age. For first offense violations 16 of section 123.47, subsection 4 , the scheduled fine is two 17 hundred fifty-five dollars. 18 8. Unlicensed premises owner —— under eighteen years of age 19 consumption or possession. For first offense violations of 20 section 123.47, subsection 2 , the scheduled fine is two hundred 21 fifty-five dollars. 22 9. Notification violations. For violations of section 23 229.22, subsection 6 , the scheduled fine is one thousand 24 dollars for a first violation and two thousand dollars for a 25 second or subsequent violation. The scheduled fine under this 26 subsection is a civil penalty, and the criminal penalty crime 27 services surcharge under section 911.1 shall not be added to 28 the penalty. 29 10. Scrap metal transaction violations. For violations 30 of section 714.27 , the scheduled fine is one hundred dollars 31 for a first violation, five hundred dollars for a second 32 violation within two years, and one thousand dollars for a 33 third or subsequent violation within two years. The scheduled 34 fine under this subsection is a civil penalty which shall 35 -32- LSB 1922SV (1) 88 asf/jh 32/ 40
S.F. 225 be deposited into the general fund of the county or city if 1 imposed by a designated officer or employee of a county or 2 city, or deposited in the general fund of the state if imposed 3 by a state agency, and the criminal penalty crime services 4 surcharge under section 911.1 shall not be added to the 5 penalty. 6 11. Trespassing violations. For trespasses punishable under 7 section 716.8, subsection 1 or 5 , the scheduled fine is two 8 hundred fifty-five dollars for a first violation, five six 9 hundred forty dollars for a second violation, and one thousand 10 two hundred eighty dollars for a third or subsequent violation. 11 DIVISION V 12 MISDEMEANOR AND FELONY FINES 13 Sec. 36. Section 902.9, subsection 1, paragraphs d and e, 14 Code 2019, are amended to read as follows: 15 d. A class “C” felon, not an habitual offender, shall be 16 confined for no more than ten years, and in addition shall be 17 sentenced to a fine of at least one thousand three hundred 18 seventy dollars but not more than ten thirteen thousand six 19 hundred sixty dollars. 20 e. A class “D” felon, not an habitual offender, shall be 21 confined for no more than five years, and in addition shall 22 be sentenced to a fine of at least seven hundred fifty one 23 thousand twenty-five dollars but not more than seven ten 24 thousand five two hundred forty-five dollars. 25 Sec. 37. Section 903.1, subsections 1 and 2, Code 2019, are 26 amended to read as follows: 27 1. If a person eighteen years of age or older is convicted 28 of a simple or serious misdemeanor and a specific penalty is 29 not provided for or if a person under eighteen years of age 30 has been waived to adult court pursuant to section 232.45 on 31 a felony charge and is subsequently convicted of a simple, 32 serious, or aggravated misdemeanor, the court shall determine 33 the sentence, and shall fix the period of confinement or the 34 amount of fine, which fine shall not be suspended by the court, 35 -33- LSB 1922SV (1) 88 asf/jh 33/ 40
S.F. 225 within the following limits: 1 a. For a simple misdemeanor, there shall be a fine of at 2 least sixty-five ninety dollars but not to exceed six eight 3 hundred twenty-five fifty-five dollars. The court may order 4 imprisonment not to exceed thirty days in lieu of a fine or in 5 addition to a fine. 6 b. For a serious misdemeanor, there shall be a fine of at 7 least three four hundred fifteen thirty dollars but not to 8 exceed one two thousand eight five hundred seventy-five sixty 9 dollars. In addition, the court may also order imprisonment 10 not to exceed one year. 11 2. When a person is convicted of an aggravated misdemeanor, 12 and a specific penalty is not provided for, the maximum penalty 13 shall be imprisonment not to exceed two years. There shall be 14 a fine of at least six eight hundred twenty-five fifty-five 15 dollars but not to exceed six eight thousand two five hundred 16 fifty forty dollars. When a judgment of conviction of an 17 aggravated misdemeanor is entered against any person and the 18 court imposes a sentence of confinement for a period of more 19 than one year the term shall be an indeterminate term. 20 DIVISION VI 21 CRIMINALISTICS LABORATORY FUND 22 Sec. 38. Section 691.9, Code 2019, is amended to read as 23 follows: 24 691.9 Criminalistics laboratory fund. 25 A criminalistics laboratory fund is created as a separate 26 fund in the state treasury under the control of the department 27 of public safety. The fund shall consist of appropriations 28 made to the fund and transfers of interest, moneys collected 29 from the crime services surcharge established in section 911.1, 30 and earnings. All moneys in the fund are appropriated to 31 the department of public safety for use by the department in 32 criminalistics laboratory equipment and supply purchasing, 33 maintenance, depreciation, the department of administrative 34 services utility service fee for the criminalistics laboratory 35 -34- LSB 1922SV (1) 88 asf/jh 34/ 40
S.F. 225 facility in Ankeny, and training. Any balance in the fund on 1 June 30 of any fiscal year shall not revert to any other fund of 2 the state but shall remain available for the purposes described 3 in this section . 4 DIVISION VII 5 DRUG ABUSE RESISTANCE EDUCATION FUND 6 Sec. 39. NEW SECTION . 80E.4 Drug abuse resistance education 7 fund. 8 A drug abuse resistance education fund is created as a 9 separate fund in the state treasury under the control of the 10 governor’s office of drug control policy for use by the drug 11 abuse resistance education program and other programs with a 12 similar purpose. The fund shall consist of appropriations made 13 to the fund and transfers of interest, moneys collected from 14 the crime services surcharge established in section 911.1, 15 and earnings. All moneys in the fund are appropriated to the 16 governor’s office of drug control policy. Notwithstanding 17 section 8.33, any balance in the fund on June 30 of any fiscal 18 year shall not revert to any other fund of the state but shall 19 remain available for the purposes described in this section. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to surcharges added to criminal penalties, 24 court funds, civil fees, misdemeanor and felony fines and fines 25 associated with scheduled violations. 26 DIVISION I —— SURCHARGES ADDED TO CRIMINAL PENALTIES. 27 Division I changes the name of the criminal penalty surcharge 28 to the crime services surcharge and modifies the distribution 29 of the surcharge moneys. Currently, the clerk of the district 30 court remits 5 percent of the criminal penalty surcharge to 31 the county treasurer of the county that was the plaintiff in 32 the action or to the city that was the plaintiff in the action 33 and the remaining 95 percent of the criminal penalty surcharge 34 moneys as follows: 17 percent is deposited in the victim 35 -35- LSB 1922SV (1) 88 asf/jh 35/ 40
S.F. 225 compensation fund established in Code section 915.94, and 83 1 percent is deposited in the general fund of the state. 2 Under Division I, the clerk of the district court remits 15 3 percent of the crime services surcharge to the county treasurer 4 of the county that was the plaintiff in the action or to the 5 city that was the plaintiff in the action. Additionally, 6 under the division, the clerk of the district court remits the 7 remaining 85 percent of the crime services surcharge moneys as 8 follows: 59 percent is deposited in the victim compensation 9 fund established in Code section 915.94, 38 percent is 10 deposited in the criminalistics laboratory fund established in 11 Code section 691.9 and 3 percent is deposited in the drug abuse 12 resistance education fund established in Code section 80E.4. 13 Division I provides that the state court administrator shall 14 deposit monthly the portion of the moneys collected from the 15 assessment of the crime services surcharge and remitted to the 16 state court administrator to the victim compensation fund and 17 to the criminalistics laboratory fund. 18 Division I combines two surcharges into one Code section: 19 the domestic abuse assault, sexual abuse, stalking, and human 20 trafficking victim surcharge established in Code section 911.2B 21 and the domestic abuse protective order contempt surcharge 22 established in Code section 911.2C. The new surcharge amount 23 is $90. The surcharge is assessed if an adjudication of guilt 24 or deferred judgment has been entered for a violation of Code 25 section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a 26 defendant is held in contempt of court for violating a domestic 27 abuse protective order issued pursuant to Code chapter 236. 28 After combining the surcharges, the division repeals the second 29 surcharge in Code section 911.2C. 30 Division I requires that a person convicted of a crime 31 relating to agricultural property (agricultural property 32 offense) is subject to surcharge (agricultural property offense 33 surcharge) equal to 35 percent of the fine or forfeiture 34 imposed by the court. The moneys are required to be remitted 35 -36- LSB 1922SV (1) 88 asf/jh 36/ 40
S.F. 225 by the clerk of court to the state court administrator and are 1 appropriated to the judicial branch for purposes of supporting 2 judicial branch operations. 3 The agricultural property offense must involve either: (1) 4 the theft of agricultural property or (2) criminal mischief 5 for damaging, defacing, altering, or destroying agricultural 6 property. In addition, it must be classified as a first degree 7 offense (class “C” felony), second degree offense (class “D” 8 felony), or third degree offense (aggravated misdemeanor). 9 The agricultural property is limited to: (1) a crop, (2) 10 livestock, or (3) honey bees or associated items. 11 The degree of the offense for theft or criminal mischief, and 12 its punishment, corresponds to the dollar amount of the value 13 of the property subject to the offense. If the value exceeds 14 $10,000, the offense is theft or criminal mischief in the first 15 degree and punishable as a class “C” felony with confinement 16 for no more than 10 years. If the value exceeds $1,000 but 17 does not exceed $10,000, the offense is classified as theft 18 or criminal mischief in the second degree and punishable as 19 a class “D” felony with confinement for no more than five 20 years. If the value exceeds $500 but does not exceed $1,000, 21 the offense is classified as theft or criminal mischief in 22 the third degree and punishable as an aggravated misdemeanor 23 with confinement for no more than two years. See Division V 24 for current and proposed law on misdemeanor and felony fine 25 amounts. 26 Division I repeals the law enforcement initiative 27 surcharge in Code section 911.3 and the drug abuse resistance 28 education surcharge in Code section 911.2. Division I makes 29 corresponding changes to the Code. 30 DIVISION II —— COURT FUNDS. Division II increases the 31 allocation to the court technology and modernization fund from 32 $1 million to $9 million in Code section 602.8108. Division 33 II repeals the enhanced court collections fund in Code section 34 602.1304(2). Division II makes corresponding changes to 35 -37- LSB 1922SV (1) 88 asf/jh 37/ 40
S.F. 225 the Code. Division II provides that any unobligated or 1 unencumbered moneys remaining in the enhanced court collections 2 fund in Code section 602.1304 at the end of the fiscal year 3 beginning July 1, 2018, and ending June 30, 2019, shall be 4 transferred to the court technology and modernization fund. 5 DIVISION III —— CIVIL FEES. Division III amends Code 6 sections 602.8105 and 631.6 to increase fees in civil cases 7 by $20, except no increase was made for an appeal from a 8 judgment in small claims and the filing fee for an adoption was 9 eliminated. 10 Division III provides that the judicial branch shall conduct 11 a study to determine whether the current fee to appear pro 12 hac vice is appropriate. Division III provides that if the 13 judicial branch determines that the fee to appear pro hac vice 14 is not appropriate, the judicial branch shall adjust the fee 15 accordingly. 16 DIVISION IV —— SCHEDULED VIOLATIONS. Division IV 17 reclassifies the following simple misdemeanors as simple 18 misdemeanors punishable as scheduled violations: violations of 19 Code section 321.24 (issuance of registration and certificate 20 of title), violations of Code section 321.260(2) (unlawful 21 possession of traffic-control device), violations of Code 22 section 321.262 (leaving the scene of an accident), violations 23 of Code section 321.264 (striking unattended vehicle), 24 violations of Code section 321.265 (striking fixtures upon 25 a highway), violations of Code section 321.324A (funeral 26 processions), violations of Code section 321.371 (clearing up 27 wrecks), violations of Code section 321.383 (exceptions —— slow 28 vehicles identified), and violations of Code section 321.431 29 (brake performance). 30 Division IV raises nearly all of the amounts for simple 31 misdemeanors punishable as scheduled violations in Code 32 sections 805.8A (motor vehicle and transportation), 805.8B 33 (navigation, recreation, hunting, and fishing), and 805.8C 34 (miscellaneous), by approximately 28 percent. 35 -38- LSB 1922SV (1) 88 asf/jh 38/ 40
S.F. 225 DIVISION V —— MISDEMEANOR AND FELONY FINES. Division 1 V modifies the minimum and maximum criminal fines for 2 misdemeanors and felonies. Currently, a simple misdemeanor 3 fine ranges from $65 to $625, a serious misdemeanor fine ranges 4 from $315 to $1,875, an aggravated misdemeanor fine ranges 5 from $625 to $6,250, a class “D” felony fine ranges from $750 6 to $7,500, and a class “C” felony fine ranges from $1,000 to 7 $10,000. Under Division V, a simple misdemeanor fine ranges 8 from $90 to $855, a serious misdemeanor fine ranges from $430 9 to $2,560, an aggravated misdemeanor fine ranges from $855 to 10 $8,540, a class “D” felony fine ranges from $1,025 to $10,245, 11 and a class “C” felony fine ranges from $1,370 to $13,660. 12 DIVISION VI —— CRIMINALISTICS LABORATORY FUND. Division VI 13 provides that the criminalistics laboratory fund shall consist 14 not only of appropriations made to the fund and transfers of 15 interest, but also of moneys collected from the crime services 16 surcharge established in Code section 911.1. Division VI 17 also provides that the moneys in the fund appropriated to the 18 department of public safety are for use by the department for 19 the department of administrative services utility service 20 fee for the criminalistics laboratory facility in Ankeny, in 21 addition to the currently authorized criminalistics laboratory 22 equipment and supply purchasing, maintenance, depreciation, and 23 training. 24 DIVISION VII —— DRUG ABUSE RESISTANCE EDUCATION FUND. 25 Division VII establishes a drug abuse resistance education 26 fund in the state treasury under the control of the governor’s 27 office of drug control policy for use by the drug abuse 28 resistance education program and other programs with a similar 29 purpose. Division VII provides that the fund shall consist 30 of appropriations made to the fund and transfers of interest, 31 moneys collected from the crime services surcharge established 32 in Code section 911.1, and earnings. Division VII provides 33 that all moneys in the fund are appropriated to the governor’s 34 office of drug control policy and that any balance in the fund 35 -39- LSB 1922SV (1) 88 asf/jh 39/ 40
S.F. 225 on June 30 of any fiscal year shall not revert to any other 1 fund of the state but shall remain available for the purposes 2 described in Division VII. 3 -40- LSB 1922SV (1) 88 asf/jh 40/ 40