Senate File 457 - Introduced SENATE FILE 457 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 225) (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 1922SZ (4) 88 asf/jh
S.F. 457 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 1922SZ (4) 88 asf/jh 1/ 41
S.F. 457 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 1922SZ (4) 88 asf/jh 2/ 41
S.F. 457 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 court technology and modernization fund for 4 purposes of supporting judicial branch operations. 5 7. The clerk of the district court shall remit all moneys 6 collected from the assessment of the surcharges surcharge 7 provided in sections section 911.2B and 911.2C to the state 8 court administrator for deposit in the address confidentiality 9 program revolving fund 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 1922SZ (4) 88 asf/jh 3/ 41
S.F. 457 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 1922SZ (4) 88 asf/jh 4/ 41
S.F. 457 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 theft surcharge. 15 1. In addition to any other surcharge, the court or clerk of 16 the district court shall assess an agricultural theft surcharge 17 equal to five hundred dollars, if an adjudication of guilt or 18 a deferred judgment has been entered for a criminal violation 19 involving any of the following: 20 a. Theft of agricultural property under section 714.2, 21 subsection 1, 2, or 3. 22 b. Criminal mischief under section 716.3, 716.4, or 716.5, 23 by damaging, defacing, altering, or destroying agricultural 24 property. 25 2. As used in this section, agricultural property means any 26 of the following: 27 a. A crop as defined in section 717A.1. 28 b. Livestock as defined in section 717.1. 29 c. (1) A colony or package as defined in section 160.1A, 30 or a hive where bees are kept as described in section 160.5, 31 if the department of agriculture and land stewardship is 32 authorized by that chapter to inspect the colony, package, or 33 hive or to regulate the movement of the colony, package, or 34 hive. 35 -5- LSB 1922SZ (4) 88 asf/jh 5/ 41
S.F. 457 (2) A queen bee that is part of a colony or is being moved 1 to be part of a colony as described in subparagraph (1). 2 3. The surcharge shall be remitted by the clerk of the 3 district court as provided in section 602.8108, subsection 5. 4 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code 5 2019, are repealed. 6 DIVISION II 7 COURT FUNDS 8 Sec. 15. Section 602.1302, subsection 1, Code 2019, is 9 amended to read as follows: 10 1. Except as otherwise provided by sections 602.1303 , 11 602.1304 , and 602.8108 or other applicable law, the expenses of 12 operating and maintaining the judicial branch shall be paid out 13 of the general fund of the state from funds appropriated by the 14 general assembly for the judicial branch. State funding shall 15 be phased in as provided in section 602.11101 . 16 Sec. 16. Section 602.1304, subsection 1, Code 2019, is 17 amended to read as follows: 18 1. Except as provided in article 8 and subsection 2 of this 19 section , all fees and other revenues collected by judicial 20 officers and court employees shall be paid into the general 21 fund of the state. 22 Sec. 17. Section 602.1304, subsection 2, Code 2019, is 23 amended by striking the subsection. 24 Sec. 18. Section 602.8108, subsection 9, Code 2019, is 25 amended by striking the subsection and inserting in lieu 26 thereof the following: 27 9. a. A court technology and modernization fund is 28 established as a separate fund in the state treasury. The 29 state court administrator shall allocate nine million dollars 30 of the moneys received under subsection 2 to be deposited in 31 the fund, which shall be administered by the judicial branch. 32 b. The moneys in the fund used to enhance the ability of the 33 judicial branch to process cases more quickly and efficiently, 34 to electronically transmit information to state government, 35 -6- LSB 1922SZ (4) 88 asf/jh 6/ 41
S.F. 457 local governments, law enforcement agencies, and the public, 1 and to improve public access to the court system. The moneys 2 in the collection fund may also be used for any the following: 3 (1) The Iowa court information system. 4 (2) Records management, equipment, services, and projects. 5 (3) Other technological improvements approved by the 6 judicial branch. 7 (4) Electronic legal research equipment, systems, and 8 projects. 9 (5) The study, development, and implementation of other 10 innovations and projects that would improve the administration 11 of justice. 12 (6) Capital improvements necessitated by the installation 13 of or connection with the Iowa court information system, the 14 Iowa communications network, or other like networks. 15 c. The fund shall be separate from the general fund of 16 the state and the balance in the fund shall not be considered 17 part of the balance of the general fund of the state. 18 Notwithstanding section 8.33, moneys in the fund shall not 19 revert to the general fund. Notwithstanding section 12C.7, 20 subsection 2, interest or earnings on moneys in the court 21 technology and modernization fund shall remain in the court 22 technology and modernization fund and any interest and earnings 23 shall be in addition to the maximum annual deposit amount. 24 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated 25 or unencumbered moneys remaining in the enhanced court 26 collections fund in section 602.1304 at the end of the fiscal 27 year beginning July 1, 2018, and ending June 30, 2019, shall be 28 transferred to the court technology and modernization fund. 29 DIVISION III 30 CIVIL FEES 31 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019, 32 are amended to read as follows: 33 1. The clerk of the district court shall collect the 34 following fees: 35 -7- LSB 1922SZ (4) 88 asf/jh 7/ 41
S.F. 457 a. Except as otherwise provided in this subsection , for 1 filing and docketing a petition, one two hundred eighty-five 2 five dollars. In counties having a population of ninety-eight 3 thousand or over, an additional five dollars shall be charged 4 and collected to be known as the journal publication fee and 5 used for the purposes provided for in section 618.13 . 6 b. For filing and docketing a petition for dissolution 7 of marriage, which includes the docketing of any dissolution 8 decree, two hundred seventy-five dollars. It is the intent of 9 the general assembly that twenty percent of the funds generated 10 from these fees be appropriated and used for sexual assault 11 and domestic violence centers and eighty percent of the funds 12 generated from these fees be appropriated to the general fund 13 of the state. 14 b. c. For filing and docketing a petition pursuant to 15 chapter 598 other than a dissolution of marriage petition, one 16 hundred twenty dollars. 17 c. d. For filing and docketing an application for 18 modification of a dissolution decree to which a written 19 stipulation is attached at the time of filing containing the 20 agreement of the parties to the terms of modification, one 21 hundred twenty dollars. 22 d. For entering a final decree of dissolution of marriage, 23 fifty dollars. It is the intent of the general assembly that 24 the funds generated from the dissolution fees be appropriated 25 and used for sexual assault and domestic violence centers. 26 e. For filing and docketing a petition for adoption 27 pursuant to chapter 600 , one hundred zero dollars. For 28 multiple adoption petitions filed at the same time by the same 29 petitioner under section 600.3 , the filing fee and any court 30 costs for any petition filed in addition to the first petition 31 filed are waived. 32 f. For filing and docketing a small claims action, the 33 amounts specified in section 631.6 . 34 g. For an appeal from a judgment in small claims or for 35 -8- LSB 1922SZ (4) 88 asf/jh 8/ 41
S.F. 457 filing and docketing a writ of error, one hundred eighty-five 1 dollars. 2 h. For a motion to show cause in a civil case, fifty seventy 3 dollars. 4 i. For filing and docketing a transcript of the judgment in 5 a civil case, fifty seventy dollars. 6 j. For filing a tribal judgment, one hundred twenty dollars. 7 2. The clerk of the district court shall collect the 8 following fees for miscellaneous services: 9 a. For filing and entering any other statutory lien, fifty 10 seventy dollars. 11 b. For a certificate and seal, twenty forty dollars. 12 However, there shall be no charge for a certificate and seal to 13 an application to procure a pension, bounty, or back pay for a 14 member of the armed services or other person. 15 c. For certifying a change in title of real estate, fifty 16 seventy dollars. 17 d. For filing a praecipe to issue execution under chapter 18 626 , twenty-five forty-five dollars. The fee shall be 19 recoverable by the creditor from the debtor against whom the 20 execution is issued. A fee payable by a political subdivision 21 of the state under this paragraph shall be collected by the 22 clerk of the district court as provided in section 602.8109 . 23 However, the fee shall be waived and shall not be collected 24 from a political subdivision of the state if a county attorney 25 or county attorney’s designee is collecting a delinquent 26 judgment pursuant to section 602.8107, subsection 4 . 27 e. For filing a praecipe to issue execution under chapter 28 654 , fifty seventy dollars. 29 f. For filing a confession of judgment under chapter 676 , 30 fifty seventy dollars if the judgment is five thousand dollars 31 or less, and one hundred twenty dollars if the judgment exceeds 32 five thousand dollars. 33 g. For filing a lis pendens, fifty seventy dollars. 34 h. For applicable convictions under section 692A.110 prior 35 -9- LSB 1922SZ (4) 88 asf/jh 9/ 41
S.F. 457 to July 1, 2009, a civil penalty of two hundred twenty dollars, 1 and for applicable convictions under section 692A.110 on or 2 after July 1, 2009, a civil penalty of two hundred fifty 3 seventy dollars. 4 i. Other fees provided by law. 5 Sec. 21. Section 631.6, subsection 1, paragraphs a and c, 6 Code 2019, are amended to read as follows: 7 a. Fees for filing and docketing shall be eighty-five one 8 hundred five dollars. 9 c. Postage charged for the mailing of original notice shall 10 be ten thirty dollars. 11 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial 12 branch shall conduct a study to determine whether the amount of 13 the current fee to appear pro hac vice is appropriate. If the 14 judicial branch determines that the fee to appear pro hac vice 15 is not appropriate, the judicial branch shall adjust the fee 16 accordingly. 17 DIVISION IV 18 SCHEDULED VIOLATIONS 19 Sec. 23. Section 321.24, subsection 12, Code 2019, is 20 amended to read as follows: 21 12. A person who violates this section commits a simple 22 misdemeanor punishable as a scheduled violation under section 23 805.8A, subsection 2, paragraph “b” . 24 Sec. 24. Section 321.260, subsection 2, Code 2019, is 25 amended to read as follows: 26 2. It shall be unlawful for any person to have in the 27 person’s possession any official traffic-control device 28 except by legal right or authority. Any person convicted 29 of unauthorized possession of any official traffic-control 30 device shall upon conviction be guilty of a simple misdemeanor 31 punishable as a scheduled violation under section 805.8A, 32 subsection 8, paragraph “c” . In addition to any other 33 penalties, the punishment imposed for a violation of this 34 subsection shall include assessment of a fine of not less than 35 -10- LSB 1922SZ (4) 88 asf/jh 10/ 41
S.F. 457 two hundred fifty dollars. 1 Sec. 25. Section 321.262, subsection 2, Code 2019, is 2 amended to read as follows: 3 2. The driver shall remain at the scene of the accident 4 until the driver has fulfilled the requirements of section 5 321.263 . Any person failing to remain at the scene of the 6 accident or fulfill the requirements of section 321.263 under 7 such circumstances shall be guilty of a simple misdemeanor 8 and punished as provided in section 321.482 punishable as 9 a scheduled violation under section 805.8A, subsection 14, 10 paragraph “m” . 11 Sec. 26. Section 321.264, Code 2019, is amended to read as 12 follows: 13 321.264 Striking unattended vehicle. 14 The driver of any vehicle which collides with any vehicle 15 which is unattended shall immediately stop and shall then and 16 there either locate and notify the operator or owner of such 17 vehicle of the name and address of the driver and owner of the 18 vehicle striking the unattended vehicle or shall leave in a 19 conspicuous place in the vehicle struck a written notice giving 20 the name and address of the driver and of the owner of the 21 vehicle doing the striking and a statement of the circumstances 22 thereof. A person who violates this section commits a simple 23 misdemeanor punishable as a scheduled violation under section 24 805.8A, subsection 14, paragraph “n” . 25 Sec. 27. Section 321.265, Code 2019, is amended to read as 26 follows: 27 321.265 Striking fixtures upon a highway. 28 The driver of a vehicle involved in an accident resulting 29 in damage to property legally upon or adjacent to a highway 30 shall take reasonable steps to locate and notify the owner, 31 a peace officer, or person in charge of the damaged property 32 of the damage and shall inform the person of the driver’s name 33 and address and the registration number of the vehicle causing 34 the damage and shall, upon request and if available, exhibit 35 -11- LSB 1922SZ (4) 88 asf/jh 11/ 41
S.F. 457 the driver’s license of the driver of the vehicle and shall 1 report the accident when and as required in section 321.266 . A 2 person who violates this section commits a simple misdemeanor 3 punishable as a scheduled violation under section 805.8A, 4 subsection 14, paragraph “o” . 5 Sec. 28. Section 321.324A, Code 2019, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 4. A person who violates this section 8 commits a simple misdemeanor punishable as a scheduled 9 violation under section 805.8A, subsection 6, paragraph “s” . 10 Sec. 29. Section 321.371, subsection 2, Code 2019, is 11 amended to read as follows: 12 2. A person who violates this section commits a simple 13 misdemeanor punishable as a scheduled violation under section 14 805.8A, subsection 14, paragraph “q” . 15 Sec. 30. Section 321.372, subsection 5, paragraph b, 16 subparagraph (1), Code 2019, is amended to read as follows: 17 (1) For a first offense under subsection 3 , the person is 18 guilty of a simple misdemeanor punishable by a fine of at least 19 two hundred fifty three hundred forty dollars but not more than 20 six hundred seventy-five nine hundred twenty-five dollars or 21 by imprisonment for not more than thirty days, or by both. The 22 department shall require the person to attend and successfully 23 complete, at the person’s own expense, a driver improvement 24 program approved by the department in lieu of driver’s license 25 suspension for the offense pursuant to section 321.210. 26 Sec. 31. Section 321.383, subsection 4, Code 2019, is 27 amended to read as follows: 28 4. Any Except as provided in subsection 5, any person 29 who violates any provision of this section shall be fined 30 as provided in commits a simple misdemeanor punishable as a 31 scheduled violation under section 805.8A, subsection 3 . 32 Sec. 32. Section 321.383, Code 2019, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 5. A person who operates a self-propelled 35 -12- LSB 1922SZ (4) 88 asf/jh 12/ 41
S.F. 457 implement of husbandry at a speed which exceeds the limit 1 of thirty-five miles per hour commits a simple misdemeanor 2 punishable as a scheduled violation under section 805.8A, 3 subsection 5. 4 Sec. 33. Section 321.431, subsection 6, Code 2019, is 5 amended to read as follows: 6 6. A person who violates this section commits a simple 7 misdemeanor punishable as a scheduled violation under section 8 805.8A, subsection 3, paragraph “ad” . 9 Sec. 34. Section 805.8A, Code 2019, is amended to read as 10 follows: 11 805.8A Motor vehicle and transportation scheduled violations. 12 1. Parking violations. 13 a. For parking violations under sections 321.236 , 321.239 , 14 321.358 , 321.360 , and 321.361 , the scheduled fine is five 15 dollars, except if the local authority has established the 16 fine by ordinance. The scheduled fine for a parking violation 17 pursuant to section 321.236 increases by five dollars if 18 authorized by ordinance and if the parking violation is not 19 paid within thirty days of the date upon which the violation 20 occurred. For purposes of calculating the unsecured appearance 21 bond required under section 805.6 , the scheduled fine shall 22 be five dollars, or if the amount of the fine is greater than 23 five dollars, the unsecured appearance bond shall be the amount 24 of the fine established by the local authority. However, 25 violations charged by a city or county upon simple notice of a 26 fine instead of a uniform citation and complaint required by 27 section 321.236, subsection 1 , paragraph “b” , are not scheduled 28 violations, and this section shall not apply to any offense 29 charged in that manner. For a parking violation under section 30 461A.38 , the scheduled fine is ten dollars. For a parking 31 violation under section 321.362 , the scheduled fine is twenty 32 dollars. 33 b. For a parking violation under section 321L.2A, subsection 34 2 , the scheduled fine is twenty dollars. 35 -13- LSB 1922SZ (4) 88 asf/jh 13/ 41
S.F. 457 c. For violations under section 321L.2A, subsection 3 , 1 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 2 scheduled fine is two hundred dollars. 3 2. Title and registration violations. For title or 4 registration violations under the following sections, the 5 scheduled fine is as follows: 6 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 7 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . $130. 8 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $130 . 9 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 10 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 11 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 12 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 13 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 14 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $130 . 15 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $130 . 16 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $130 . 17 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $130 . 18 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $130 . 19 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 20 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $130 . 21 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $130 . 22 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $130 . 23 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 24 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $255 . 25 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $130 . 26 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 40 . 27 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 40 . 28 3. Equipment violations. For equipment violations under the 29 following sections, the scheduled fine is as follows: 30 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 31 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $130 . 32 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 33 d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $130 . 34 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $130 . 35 -14- LSB 1922SZ (4) 88 asf/jh 14/ 41
S.F. 457 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 1 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 40 . 2 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 3 i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 4 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 5 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 6 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 7 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 8 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 9 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 10 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 11 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 12 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 13 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 14 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 15 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 16 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 17 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 18 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 19 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 20 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 21 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 22 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 23 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $130 . 24 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . $130. 25 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 25 . 26 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 40 . 27 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 25 . 28 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 65 . 29 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 25 . 30 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 25 . 31 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 25 . 32 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 25 . 33 al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 25 . 34 4. Driver’s license violations. For driver’s license 35 -15- LSB 1922SZ (4) 88 asf/jh 15/ 41
S.F. 457 violations under the following sections, the scheduled fine is 1 as follows: 2 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 3 b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 4 c. Section 321.178, subsection 2 , 5 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 40 . 6 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 7 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 8 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 9 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 10 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 130 . 11 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 12 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 13 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 14 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 15 5. Speed violations. 16 a. For excessive speed violations in excess of the limit 17 under section 321.236, subsections 5 and 11 , sections section 18 321.285 , section 321.383, subsection 5, and section 461A.36 , 19 the scheduled fine shall be the following: 20 (1) Twenty Twenty-five dollars for speed not more than five 21 miles per hour in excess of the limit. 22 (2) Forty Fifty dollars for speed greater than five but not 23 more than ten miles per hour in excess of the limit. 24 (3) Eighty One hundred dollars for speed greater than ten 25 but not more than fifteen miles per hour in excess of the 26 limit. 27 (4) Ninety One hundred fifteen dollars for speed greater 28 than fifteen but not more than twenty miles per hour in excess 29 of the limit. 30 (5) One hundred thirty dollars plus five dollars for each 31 mile per hour of excessive speed over twenty miles per hour 32 over the limit. 33 b. Excessive speed by a school bus is punishable as provided 34 in subsection 10 . 35 -16- LSB 1922SZ (4) 88 asf/jh 16/ 41
S.F. 457 c. Excessive speed in conjunction with a violation of 1 section 321.278 is not a scheduled violation, whatever the 2 amount of excess speed. 3 d. For a violation under section 321.295 , the scheduled fine 4 is fifty sixty-five dollars. 5 6. Operating violations. For operating violations under the 6 following sections, the scheduled fine is as follows: 7 a. Section 321.236, subsections 3, 4, 9, 8 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 9 b. Section 321.275, subsections 1 10 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 11 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 12 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $130 . 13 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $130 . 14 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $130 . 15 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $130 . 16 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $130 . 17 i. Section 321.304, subsections 1 18 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 19 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $130 . 20 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $130 . 21 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $130 . 22 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $130 . 23 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $130 . 24 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 25 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 26 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 27 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $130 . 28 s. Section 321.324A . . . . . . . . . . . . . . . . . . . $130. 29 s. t. Section 321.340 . . . . . . . . . . . . . . . . . $100 $130 . 30 t. u. Section 321.353 . . . . . . . . . . . . . . . . . $100 $130 . 31 u. v. Section 321.354 . . . . . . . . . . . . . . . . . $100 $130 . 32 v. w. Section 321.363 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 33 w. x. Section 321.365 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 34 x. y. Section 321.366 . . . . . . . . . . . . . . . . . $100 $130 . 35 -17- LSB 1922SZ (4) 88 asf/jh 17/ 41
S.F. 457 y. z. Section 321.395 . . . . . . . . . . . . . . . . . $100 $130 . 1 7. Failure to yield or obey violations. For failure to yield 2 or obey violations under the following sections, the scheduled 3 fine is as follows: 4 a. Section 321.257, subsection 2 , 5 for a violation by an operator of a 6 motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 7 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $130 . 8 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $130 . 9 d. Section 321.308 . . . . . . . . . . . . . . . . . . . . $100 $130 . 10 e. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $130 . 11 f. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $130 . 12 g. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $130 . 13 h. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $130 . 14 i. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $130 . 15 j. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $130 . 16 k. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $130 . 17 8. Traffic sign or signal violations. For traffic sign or 18 signal violations under the following sections, the scheduled 19 fine is as follows: 20 a. Section 321.236, subsections 2 and 6 . $ 35 $ 45 . 21 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $130 . 22 c. Section 321.260, subsection 2 . . . . . . . $450. 23 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $130 . 24 d. e. Section 321.304, subsection 3 . . . $100 $130 . 25 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $130 . 26 9. Bicycle or pedestrian violations. For bicycle or 27 pedestrian violations under the following sections, the 28 scheduled fine for a pedestrian or bicyclist is as follows: 29 a. Section 321.234, subsections 3 and 4 . $ 25 $ 30 . 30 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 20 . 31 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 30 . 32 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 30 . 33 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 34 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 35 -18- LSB 1922SZ (4) 88 asf/jh 18/ 41
S.F. 457 g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 1 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 2 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 3 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 4 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 5 9A. Electric personal assistive mobility device 6 violations. For violations under section 321.235A , the 7 scheduled fine is fifteen twenty dollars. 8 10. School bus violations. For violations by an operator of 9 a school bus under sections 321.285 and 321.372, subsections 10 1 and 2 , the scheduled fine is one hundred thirty dollars. 11 However, an excessive speed violation by a school bus of 12 more than ten miles per hour in excess of the limit is not a 13 scheduled violation. 14 11. a. Emergency vehicle and equipment-related 15 violations. For violations relating to authorized emergency 16 vehicles, fire apparatus and equipment, and police bicycles 17 under the following sections, the scheduled fine is as follows: 18 (1) Section 321.231 . . . . . . . . . . . . . . . . . . . $100 $130 . 19 (2) Section 321.323A, subsection 1 . . . . $100 $130 . 20 (3) Section 321.324 . . . . . . . . . . . . . . . . . . . $100 $130 . 21 (4) Section 321.367 . . . . . . . . . . . . . . . . . . . $100 $130 . 22 (5) Section 321.368 . . . . . . . . . . . . . . . . . . . $100 $130 . 23 b. Violations relating to stationary nonemergency vehicles. 24 For violations relating to the approach of certain stationary 25 nonemergency vehicles under section 321.323A, subsections 2 and 26 3 , the scheduled fine is one hundred thirty dollars. 27 12. Restrictions on vehicles. 28 a. For violations under sections 321.309 , 321.310 , 321.394 , 29 321.461 , and 321.462 , the scheduled fine is thirty-five 30 forty-five dollars. 31 b. For violations under section 321.437 , the scheduled fine 32 is thirty-five forty-five dollars. 33 c. For height, length, width, and load violations under 34 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 35 -19- LSB 1922SZ (4) 88 asf/jh 19/ 41
S.F. 457 scheduled fine is two hundred fifty-five dollars. 1 d. For violations under section 321.466 , the scheduled fine 2 is twenty twenty-five dollars for each two thousand pounds or 3 fraction thereof of overweight. 4 e. (1) Violations of the schedule of axle and tandem axle 5 and gross or group of axle weight violations in section 321.463 6 shall be scheduled violations subject to the provisions, 7 procedures, and exceptions contained in sections 805.6 through 8 805.11 , irrespective of the amount of the fine under that 9 schedule. 10 (a) Violations of the schedule of weight violations shall be 11 chargeable, where the fine charged does not exceed one thousand 12 dollars, only by uniform citation and complaint. 13 (b) Violations of the schedule of weight violations, where 14 the fine charged exceeds one thousand dollars shall, when the 15 violation is admitted and section 805.9 applies, be chargeable 16 upon uniform citation and complaint, indictment, or county 17 attorney’s information, but otherwise shall be chargeable only 18 upon indictment or county attorney’s information. 19 (2) In all cases of charges under the schedule of weight 20 violations, the charge shall specify the amount of fine charged 21 under the schedule. Where a defendant is convicted and the 22 fine under the foregoing schedule of weight violations exceeds 23 one thousand dollars, the conviction shall be of an indictable 24 offense although section 805.9 is employed and whether the 25 violation is charged upon uniform citation and complaint, 26 indictment, or county attorney’s information. 27 f. For a violation under section 321E.16 , other than the 28 provisions relating to weight, the scheduled fine is two 29 hundred fifty-five dollars. 30 13. Motor carrier and other operator violations. 31 a. (1) For a violation under section 321.54 , the scheduled 32 fine is thirty forty dollars. 33 (2) For violations under sections 326.22 and 326.23 , the 34 scheduled fine is fifty sixty-five dollars. 35 -20- LSB 1922SZ (4) 88 asf/jh 20/ 41
S.F. 457 b. For a violation under section 321.449 , 321.449A , or 1 321.449B , the scheduled fine is fifty sixty-five dollars. 2 c. For violations under sections 321.364 , 321.450 , 321.460 , 3 and 452A.52 , the scheduled fine is two hundred fifty-five 4 dollars. 5 d. For violations of section 325A.3, subsection 6 , or 6 section 325A.8 , the scheduled fine is one hundred thirty 7 dollars. 8 e. For violations of chapter 325A , other than a violation of 9 section 325A.3, subsection 6 , or section 325A.8 , the scheduled 10 fine is two three hundred fifty twenty dollars. 11 f. For violations of section 327B.1, subsection 1 or 3 , the 12 scheduled fine is two three hundred fifty twenty dollars. 13 14. Miscellaneous violations. 14 a. Failure to obey a peace officer. For a violation under 15 section 321.229 , the scheduled fine is one hundred thirty 16 dollars. 17 b. Abandoning a motor vehicle. For a violation under 18 section 321.91 , the scheduled fine is two hundred fifty-five 19 dollars. 20 c. Seat belt or restraint violations. 21 (1) For a violation under section 321.445 , the scheduled 22 fine is fifty sixty-five dollars. 23 (2) For a violation under section 321.446 , the scheduled 24 fine is one hundred thirty dollars. 25 d. Litter and debris violations. For violations under 26 sections 321.369 and 321.370 , the scheduled fine is seventy 27 ninety dollars. 28 e. Open container violations. For violations under sections 29 321.284 and 321.284A , the scheduled fine is two hundred 30 fifty-five dollars. 31 f. Proof of financial responsibility. If, in connection with 32 a motor vehicle accident, a person is charged and found guilty 33 of a violation of section 321.20B, subsection 1 , the scheduled 34 fine is five six hundred forty dollars; otherwise, the 35 -21- LSB 1922SZ (4) 88 asf/jh 21/ 41
S.F. 457 scheduled fine for a violation of section 321.20B, subsection 1 1 , is two three hundred fifty twenty dollars. Notwithstanding 2 section 805.12 , fines collected pursuant to this paragraph 3 shall be submitted to the state court administrator and 4 distributed fifty percent to the victim compensation fund 5 established in section 915.94 , twenty-five percent to the 6 county in which such fine is imposed, and twenty-five percent 7 to the general fund of the state. 8 g. Speed detection jamming devices. For a violation under 9 section 321.232 , the scheduled fine is one hundred thirty 10 dollars. 11 h. Railroad crossing violations. For violations under 12 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 13 the scheduled fine is two hundred fifty-five dollars. 14 i. Road work zone violations. The scheduled fine for any 15 moving traffic violation under chapter 321 , as provided in 16 this section , shall be doubled if the violation occurs within 17 any road work zone, as defined in section 321.1 . However, 18 notwithstanding subsection 5 , the scheduled fine for violating 19 the speed limit in a road work zone is as follows: 20 (1) One hundred fifty ninety dollars for speed not more than 21 ten miles per hour over the posted speed limit. 22 (2) Three hundred eighty-five dollars for speed greater 23 than ten but not more than twenty miles per hour over the 24 posted speed limit. 25 (3) Five Six hundred forty dollars for speed greater than 26 twenty but not more than twenty-five miles per hour over the 27 posted speed limit. 28 (4) One thousand two hundred eighty dollars for speed 29 greater than twenty-five miles per hour over the posted speed 30 limit. 31 j. Vehicle component parts records violations. For 32 violations under section 321.95 , the scheduled fine is fifty 33 sixty-five dollars. 34 k. Actions against a person on a bicycle. For violations 35 -22- LSB 1922SZ (4) 88 asf/jh 22/ 41
S.F. 457 under section 321.281 , the scheduled fine is two three hundred 1 fifty twenty dollars. 2 l. Writing, sending, or viewing an electronic message while 3 driving violations. For violations under section 321.276 , the 4 scheduled fine is thirty forty dollars. 5 m. Leaving scene of traffic accident. For violations under 6 section 321.262, the scheduled fine is one hundred thirty 7 dollars. 8 n. Striking unattended vehicle. For violations under 9 section 321.264, the scheduled fine is one hundred thirty 10 dollars. 11 o. Striking fixtures upon highway. For violations under 12 section 321.265, the scheduled fine is one hundred thirty 13 dollars. 14 p. Clearing up wrecks. For violations under section 15 321.371, the scheduled fine is thirty dollars. 16 Sec. 35. Section 805.8B, Code 2019, is amended to read as 17 follows: 18 805.8B Navigation, recreation, hunting, and fishing scheduled 19 violations. 20 1. Navigation violations. 21 a. For violations of registration, inspections, 22 identification, and record provisions under sections 462A.5 , 23 462A.35 , and 462A.37 , and for unused or improper or defective 24 lights and warning devices under section 462A.9, subsections 3, 25 4, 5, 9, and 10 , the scheduled fine is ten fifteen dollars. 26 b. For violations of registration, identification, and 27 record provisions under sections 462A.4 and 462A.10 , and for 28 unused or improper or defective equipment under section 462A.9, 29 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 30 for operation violations under sections 462A.26 , 462A.31 , and 31 462A.33 , the scheduled fine is twenty twenty-five dollars. 32 c. For operating violations under sections 462A.12 , 462A.15, 33 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 34 is twenty-five thirty dollars. However, a violation of section 35 -23- LSB 1922SZ (4) 88 asf/jh 23/ 41
S.F. 457 462A.12, subsection 2 , is not a scheduled violation. 1 d. For violations of use, location, and storage of vessels, 2 devices, and structures under sections 462A.27 , 462A.28 , and 3 462A.32 , the scheduled fine is fifteen twenty dollars. 4 e. For violations of all subdivision ordinances under 5 section 462A.17, subsection 2 , except those relating to 6 matters subject to regulation by authority of section 462A.31, 7 subsection 5 , the scheduled fine is the same as prescribed for 8 similar violations of state law. For violations of subdivision 9 ordinances for which there is no comparable state law, the 10 scheduled fine is ten fifteen dollars. 11 2. Snowmobile violations. 12 a. For registration or user permit violations under section 13 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 14 fifty sixty-five dollars. 15 b. (1) For operating violations under section 321G.9 , the 16 scheduled fine is fifty sixty-five dollars. 17 (2) For operating violations under sections 321G.11 and 18 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 19 twenty twenty-five dollars. 20 (3) For operating violations under section 321G.13, 21 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 22 and section 321G.13, subsections 2 and 3 , the scheduled fine 23 is one hundred thirty dollars. 24 c. For improper or defective equipment under section 25 321G.12 , the scheduled fine is twenty twenty-five dollars. 26 d. For violations of section 321G.19 , the scheduled fine is 27 twenty twenty-five dollars. 28 e. For decal violations under section 321G.5 , the scheduled 29 fine is twenty twenty-five dollars. 30 f. For stop signal violations under section 321G.17 , the 31 scheduled fine is one hundred thirty dollars. 32 g. For violations of section 321G.20 and for education 33 certificate violations under section 321G.24, subsection 1 , the 34 scheduled fine is fifty sixty-five dollars. 35 -24- LSB 1922SZ (4) 88 asf/jh 24/ 41
S.F. 457 h. For violations of section 321G.21 , the scheduled fine is 1 one hundred thirty dollars. 2 2A. All-terrain vehicle violations. 3 a. For registration or user permit violations under section 4 321I.3, subsection 1 , the scheduled fine is fifty sixty-five 5 dollars. 6 b. (1) For operating violations under sections 321I.12 and 7 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 8 twenty twenty-five dollars. 9 (2) For operating violations under section 321I.10, 10 subsections 1 and 4 , the scheduled fine is fifty sixty-five 11 dollars. 12 (3) For operating violations under section 321I.14, 13 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 14 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 15 is one hundred thirty dollars. 16 c. For improper or defective equipment under section 17 321I.13 , the scheduled fine is twenty twenty-five dollars. 18 d. For violations of section 321I.20 , the scheduled fine is 19 twenty twenty-five dollars. 20 e. For decal violations under section 321I.6 , the scheduled 21 fine is twenty twenty-five dollars. 22 f. For stop signal violations under section 321I.18 , the 23 scheduled fine is one hundred thirty dollars. 24 g. For violations of section 321I.21 and for education 25 certificate violations under section 321I.26, subsection 1 , the 26 scheduled fine is fifty sixty-five dollars. 27 h. For violations of section 321I.22 , the scheduled fine is 28 one hundred thirty dollars. 29 3. Hunting and fishing violations. 30 a. For violations of section 484A.2 , the scheduled fine is 31 ten fifteen dollars. 32 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 33 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 34 483A.27A , the scheduled fine is twenty twenty-five dollars. 35 -25- LSB 1922SZ (4) 88 asf/jh 25/ 41
S.F. 457 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 1 481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 2 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 3 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 4 scheduled fine is twenty-five thirty dollars. 5 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 6 481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 7 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 8 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 9 scheduled fine is fifty sixty-five dollars. 10 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 11 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 12 483A.42 , the scheduled fine is one hundred thirty dollars. 13 f. For violations of section 481A.38 relating to the taking, 14 pursuing, killing, trapping or ensnaring, buying, selling, 15 possessing, or transporting any game, protected nongame 16 animals, fur-bearing animals, or fur or skin of the animals, 17 mussels, frogs, or fish or part of them, the scheduled fines 18 are as follows: 19 (1) For deer or turkey, the scheduled fine is one hundred 20 thirty dollars. 21 (2) For protected nongame, the scheduled fine is one hundred 22 thirty dollars. 23 (3) For mussels, frogs, spawn, or fish, the scheduled fine 24 is twenty-five thirty dollars. 25 (4) For other game, the scheduled fine is fifty sixty-five 26 dollars. 27 (5) For fur-bearing animals, the scheduled fine is 28 seventy-five ninety-five dollars. 29 g. For violations of section 481A.38 relating to an attempt 30 to take, pursue, kill, trap, buy, sell, possess, or transport 31 any game, protected nongame animals, fur-bearing animals, or 32 fur or skin of the animals, mussels, frogs, or fish or part of 33 them, the scheduled fines are as follows: 34 (1) For game or fur-bearing animals, the scheduled fine is 35 -26- LSB 1922SZ (4) 88 asf/jh 26/ 41
S.F. 457 fifty sixty-five dollars. 1 (2) For protected nongame, the scheduled fine is fifty 2 sixty-five dollars. 3 (3) For mussels, frogs, spawn, or fish, the scheduled fine 4 is ten fifteen dollars. 5 h. For violations of section 481A.48 relating to 6 restrictions on game birds and animals, the scheduled fines are 7 as follows: 8 (1) For out-of-season, the scheduled fine is one hundred 9 thirty dollars. 10 (2) For over limit, the scheduled fine is one hundred thirty 11 dollars. 12 (3) For attempt to take, the scheduled fine is fifty 13 sixty-five dollars. 14 (4) For general waterfowl restrictions, the scheduled fine 15 is fifty sixty-five dollars. 16 (a) For no federal stamp, the scheduled fine is fifty 17 sixty-five dollars. 18 (b) For unplugged shotgun, the scheduled fine is ten fifteen 19 dollars. 20 (c) For possession of other than steel shot, the scheduled 21 fine is twenty-five thirty dollars. 22 (d) For early or late shooting, the scheduled fine is 23 twenty-five thirty dollars. 24 (5) For possession of a prohibited pistol or revolver while 25 hunting deer, the scheduled fine is one hundred thirty dollars. 26 (6) For possession of a prohibited rifle while hunting deer, 27 the scheduled fine is two three hundred fifty twenty dollars. 28 i. For violations of section 481A.67 relating to general 29 violations of fishing laws, the scheduled fine is twenty-five 30 thirty dollars. 31 (1) For over limit catch, the scheduled fine is thirty forty 32 dollars. 33 (2) For under minimum length or weight, the scheduled fine 34 is twenty twenty-five dollars. 35 -27- LSB 1922SZ (4) 88 asf/jh 27/ 41
S.F. 457 (3) For out-of-season fishing, the scheduled fine is fifty 1 sixty-five dollars. 2 j. For violations of section 481A.73 relating to trotlines 3 and throwlines: 4 (1) For trotline or throwline violations in legal waters, 5 the scheduled fine is twenty-five thirty dollars. 6 (2) For trotline or throwline violations in illegal waters, 7 the scheduled fine is fifty sixty-five dollars. 8 k. For violations of section 481A.144, subsection 4 , or 9 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 10 (1) For general minnow violations, the scheduled fine is 11 twenty-five thirty dollars. 12 (2) For commercial purposes, the scheduled fine is fifty 13 sixty-five dollars. 14 l. For violations of section 481A.87 relating to the taking 15 or possessing of fur-bearing animals out of season: 16 (1) For red fox, gray fox, or mink, the scheduled fine is 17 one hundred thirty dollars. 18 (2) For all other furbearers, the scheduled fine is fifty 19 sixty-five dollars. 20 m. For violations of section 482.4 relating to gear tags: 21 (1) For commercial license violations, the scheduled fine 22 is one hundred thirty dollars. 23 (2) For no gear tags, the scheduled fine is twenty-five 24 thirty dollars. 25 n. For violations of section 482.11 , the scheduled fine is 26 one hundred thirty dollars. 27 o. For violations of rules adopted pursuant to section 28 483A.1 relating to licenses and permits, the scheduled fines 29 are as follows: 30 (1) For a license or permit costing ten dollars or less, the 31 scheduled fine is twenty twenty-five dollars. 32 (2) For a license or permit costing more than ten dollars 33 but not more than twenty dollars, the scheduled fine is thirty 34 forty dollars. 35 -28- LSB 1922SZ (4) 88 asf/jh 28/ 41
S.F. 457 (3) For a license or permit costing more than twenty dollars 1 but not more than forty dollars, the scheduled fine is fifty 2 sixty-five dollars. 3 (4) For a license or permit costing more than forty dollars 4 but not more than fifty dollars, the scheduled fine is seventy 5 ninety dollars. 6 (5) For a license or permit costing more than fifty dollars 7 but less than one hundred dollars, the scheduled fine is one 8 hundred thirty dollars. 9 (6) For a license or permit costing one hundred dollars or 10 more, the scheduled fine is two times the cost of the original 11 license or permit. 12 p. For violations of section 483A.26 relating to false 13 claims for licenses: 14 (1) For making a false claim for a license by a resident, 15 the scheduled fine is fifty sixty-five dollars. 16 (2) For making a false claim for a license by a nonresident, 17 the scheduled fine is one hundred thirty dollars. 18 q. For violations of section 483A.36 relating to the 19 conveyance of guns: 20 (1) For conveying an assembled, unloaded gun, the scheduled 21 fine is twenty-five thirty dollars. 22 (2) For conveying a loaded gun, the scheduled fine is fifty 23 sixty-five dollars. 24 4. Ginseng violations. For a violation of section 456A.24, 25 subsection 11 , the scheduled fine is one hundred thirty 26 dollars. 27 5. Aquatic invasive species violations. For violations 28 of section 456A.37, subsection 3 , the scheduled fine is as 29 follows: 30 a. For violations of section 456A.37, subsection 3 , 31 paragraph “a” , the scheduled fine is five six hundred forty 32 dollars. 33 b. For violations of section 456A.37, subsection 3 , 34 paragraph “b” , the scheduled fine is seventy-five ninety-five 35 -29- LSB 1922SZ (4) 88 asf/jh 29/ 41
S.F. 457 dollars. 1 c. For repeat violations of section 456A.37, subsection 3 , 2 paragraph “a” or “b” , within the same twelve-month period, the 3 scheduled fine shall include an additional fine of five six 4 hundred forty dollars for each violation. 5 6. Misuse of parks and preserves. 6 a. For violations under sections 461A.39 , 461A.45 , and 7 461A.50 , the scheduled fine is ten fifteen dollars. 8 b. For violations under sections 461A.40 , 461A.46 , and 9 461A.49 , the scheduled fine is fifteen twenty dollars. 10 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 11 the scheduled fine is fifty sixty-five dollars. 12 d. For violations of section 461A.48 , the scheduled fine is 13 twenty-five thirty dollars. 14 e. For violations under section 461A.43 , the scheduled fine 15 is thirty forty dollars. 16 Sec. 36. Section 805.8C, Code 2019, is amended to read as 17 follows: 18 805.8C Miscellaneous scheduled violations. 19 1. Energy emergency violations. For violations of an 20 executive order issued by the governor under the provisions of 21 section 473.8 , the scheduled fine is fifty sixty-five dollars. 22 2. Alcoholic beverage violations. For violations of section 23 123.49, subsection 2 , paragraph “h” , the scheduled fine for a 24 licensee or permittee is one thousand five nine hundred twenty 25 dollars, and the scheduled fine for a person who is employed by 26 a licensee or permittee is five six hundred forty dollars. 27 3. Violations related to smoking, tobacco, tobacco products, 28 alternative nicotine products, vapor products, and cigarettes. 29 a. For violations described in section 142D.9, subsection 1 , 30 the scheduled fine is fifty dollars, and is a civil penalty, 31 and the criminal penalty crime services surcharge under section 32 911.1 shall not be added to the penalty, and the court costs 33 pursuant to section 805.9, subsection 6 , shall not be imposed. 34 If the civil penalty assessed for a violation described in 35 -30- LSB 1922SZ (4) 88 asf/jh 30/ 41
S.F. 457 section 142D.9, subsection 1 , is not paid in a timely manner, 1 a citation shall be issued for the violation in the manner 2 provided in section 804.1 . However, a person under age 3 eighteen shall not be detained in a secure facility for failure 4 to pay the civil penalty. The complainant shall not be charged 5 a filing fee. 6 b. For violations of section 453A.2, subsection 1 , by an 7 employee of a retailer, the scheduled fine is as follows: 8 (1) If the violation is a first offense, the scheduled fine 9 is one hundred thirty dollars. 10 (2) If the violation is a second offense, the scheduled fine 11 is two three hundred fifty twenty dollars. 12 (3) If the violation is a third or subsequent offense, the 13 scheduled fine is five six hundred forty dollars. 14 c. For violations of section 453A.2, subsection 2 , the 15 scheduled fine is as follows and is a civil penalty, and the 16 criminal penalty crime services surcharge under section 911.1 17 shall not be added to the penalty, and the court costs pursuant 18 to section 805.9, subsection 6 , shall not be imposed: 19 (1) If the violation is a first offense, the scheduled fine 20 is fifty dollars. 21 (2) If the violation is a second offense, the scheduled fine 22 is one hundred dollars. 23 (3) If the violation is a third or subsequent offense, the 24 scheduled fine is two hundred fifty dollars. 25 4. Electrical or mechanical amusement device violations. 26 a. For violations of legal age for operating an electrical 27 or mechanical amusement device required to be registered 28 as provided in section 99B.53 , pursuant to section 99B.57, 29 subsection 1 , the scheduled fine is two three hundred fifty 30 twenty dollars. Failure to pay the fine by a person under the 31 age of eighteen shall not result in the person being detained 32 in a secure facility. 33 b. For first offense violations concerning electrical or 34 mechanical amusement devices as provided in section 99B.54, 35 -31- LSB 1922SZ (4) 88 asf/jh 31/ 41
S.F. 457 subsection 2 , the scheduled fine is two three hundred fifty 1 twenty dollars. 2 5. Gambling violations. 3 a. For violations of legal age for gambling wagering under 4 section 99D.11, subsection 7 , section 99F.9, subsection 4 , and 5 section 725.19, subsection 1 , the scheduled fine is five six 6 hundred forty dollars. Failure to pay the fine by a person 7 under the age of eighteen shall not result in the person being 8 detained in a secure facility. 9 b. For legal age violations for entering or attempting 10 to enter a facility under section 99F.9, subsection 5 , the 11 scheduled fine is five six hundred forty dollars. Failure to 12 pay the fine by a person under the age of eighteen shall not 13 result in the person being detained in a secure facility. 14 6. Pseudoephedrine sales violations. For violations of 15 section 126.23A, subsection 1 , by an employee of a retailer, or 16 for violations of section 126.23A, subsection 2 , paragraph “a” , 17 by a purchaser, the scheduled fine is as follows: 18 a. If the violation is a first offense, the scheduled fine 19 is two hundred fifty-five dollars. 20 b. If the violation is a second offense, the scheduled fine 21 is two three hundred fifty twenty dollars. 22 c. If the violation is a third or subsequent offense, the 23 scheduled fine is five six hundred forty dollars. 24 7. Alcoholic beverage violations by persons eighteen, 25 nineteen, or twenty years of age. For first offense violations 26 of section 123.47, subsection 4 , the scheduled fine is two 27 hundred fifty-five dollars. 28 8. Unlicensed premises owner —— under eighteen years of age 29 consumption or possession. For first offense violations of 30 section 123.47, subsection 2 , the scheduled fine is two hundred 31 fifty-five dollars. 32 9. Notification violations. For violations of section 33 229.22, subsection 6 , the scheduled fine is one thousand 34 dollars for a first violation and two thousand dollars for a 35 -32- LSB 1922SZ (4) 88 asf/jh 32/ 41
S.F. 457 second or subsequent violation. The scheduled fine under this 1 subsection is a civil penalty, and the criminal penalty crime 2 services surcharge under section 911.1 shall not be added to 3 the penalty. 4 10. Scrap metal transaction violations. For violations 5 of section 714.27 , the scheduled fine is one hundred dollars 6 for a first violation, five hundred dollars for a second 7 violation within two years, and one thousand dollars for a 8 third or subsequent violation within two years. The scheduled 9 fine under this subsection is a civil penalty which shall 10 be deposited into the general fund of the county or city if 11 imposed by a designated officer or employee of a county or 12 city, or deposited in the general fund of the state if imposed 13 by a state agency, and the criminal penalty crime services 14 surcharge under section 911.1 shall not be added to the 15 penalty. 16 11. Trespassing violations. For trespasses punishable under 17 section 716.8, subsection 1 or 5 , the scheduled fine is two 18 hundred fifty-five dollars for a first violation, five six 19 hundred forty dollars for a second violation, and one thousand 20 two hundred eighty dollars for a third or subsequent violation. 21 Sec. 37. DRIVER IMPROVEMENT PROGRAM FOR A FIRST SCHOOL 22 BUS SAFETY OFFENSE. Notwithstanding 2012 Iowa Acts, chapter 23 1015, section 5, subsection 2, by July 1, 2019, the department 24 of transportation shall initiate rulemaking to amend 761 IAC 25 615.43 to require a person who is convicted of a first offense 26 of section 321.372, subsection 3, to attend and successfully 27 complete, at the person’s own expense, a driver improvement 28 program approved by the department in lieu of driver’s license 29 suspension, subject to all other provisions of 761 IAC 615.43. 30 Sec. 38. EFFECTIVE DATE. The following, being deemed of 31 immediate importance, takes effect upon enactment: 32 The section of this division of this Act requiring the 33 department of transportation to initiate rulemaking. 34 DIVISION V 35 -33- LSB 1922SZ (4) 88 asf/jh 33/ 41
S.F. 457 MISDEMEANOR AND FELONY FINES 1 Sec. 39. Section 902.9, subsection 1, paragraphs d and e, 2 Code 2019, are amended to read as follows: 3 d. A class “C” felon, not an habitual offender, shall be 4 confined for no more than ten years, and in addition shall be 5 sentenced to a fine of at least one thousand three hundred 6 seventy dollars but not more than ten thirteen thousand six 7 hundred sixty dollars. 8 e. A class “D” felon, not an habitual offender, shall be 9 confined for no more than five years, and in addition shall 10 be sentenced to a fine of at least seven hundred fifty one 11 thousand twenty-five dollars but not more than seven ten 12 thousand five two hundred forty-five dollars. 13 Sec. 40. Section 903.1, subsections 1 and 2, Code 2019, are 14 amended to read as follows: 15 1. If a person eighteen years of age or older is convicted 16 of a simple or serious misdemeanor and a specific penalty is 17 not provided for or if a person under eighteen years of age 18 has been waived to adult court pursuant to section 232.45 on 19 a felony charge and is subsequently convicted of a simple, 20 serious, or aggravated misdemeanor, the court shall determine 21 the sentence, and shall fix the period of confinement or the 22 amount of fine, which fine shall not be suspended by the court, 23 within the following limits: 24 a. For a simple misdemeanor, there shall be a fine of at 25 least sixty-five ninety dollars but not to exceed six eight 26 hundred twenty-five fifty-five dollars. The court may order 27 imprisonment not to exceed thirty days in lieu of a fine or in 28 addition to a fine. 29 b. For a serious misdemeanor, there shall be a fine of at 30 least three four hundred fifteen thirty dollars but not to 31 exceed one two thousand eight five hundred seventy-five sixty 32 dollars. In addition, the court may also order imprisonment 33 not to exceed one year. 34 2. When a person is convicted of an aggravated misdemeanor, 35 -34- LSB 1922SZ (4) 88 asf/jh 34/ 41
S.F. 457 and a specific penalty is not provided for, the maximum penalty 1 shall be imprisonment not to exceed two years. There shall be 2 a fine of at least six eight hundred twenty-five fifty-five 3 dollars but not to exceed six eight thousand two five hundred 4 fifty forty dollars. When a judgment of conviction of an 5 aggravated misdemeanor is entered against any person and the 6 court imposes a sentence of confinement for a period of more 7 than one year the term shall be an indeterminate term. 8 DIVISION VI 9 CRIMINALISTICS LABORATORY FUND 10 Sec. 41. Section 691.9, Code 2019, is amended to read as 11 follows: 12 691.9 Criminalistics laboratory fund. 13 A criminalistics laboratory fund is created as a separate 14 fund in the state treasury under the control of the department 15 of public safety. The fund shall consist of appropriations 16 made to the fund and transfers of interest, moneys collected 17 from the crime services surcharge established in section 911.1, 18 and earnings. All moneys in the fund are appropriated to 19 the department of public safety for use by the department in 20 criminalistics laboratory equipment and supply purchasing, 21 maintenance, depreciation, the department of administrative 22 services utility service fee for the criminalistics laboratory 23 facility in Ankeny, and training. Any balance in the fund on 24 June 30 of any fiscal year shall not revert to any other fund of 25 the state but shall remain available for the purposes described 26 in this section . 27 DIVISION VII 28 DRUG ABUSE RESISTANCE EDUCATION FUND 29 Sec. 42. NEW SECTION . 80E.4 Drug abuse resistance education 30 fund. 31 A drug abuse resistance education fund is created as a 32 separate fund in the state treasury under the control of the 33 governor’s office of drug control policy for use by the drug 34 abuse resistance education program and other programs with a 35 -35- LSB 1922SZ (4) 88 asf/jh 35/ 41
S.F. 457 similar purpose. The fund shall consist of appropriations made 1 to the fund and transfers of interest, moneys collected from 2 the crime services surcharge established in section 911.1, 3 and earnings. All moneys in the fund are appropriated to the 4 governor’s office of drug control policy. Notwithstanding 5 section 8.33, any balance in the fund on June 30 of any fiscal 6 year shall not revert to any other fund of the state but shall 7 remain available for the purposes described in this section. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to surcharges added to criminal penalties, 12 court funds, civil fees, misdemeanor and felony fines and fines 13 associated with scheduled violations. 14 DIVISION I —— SURCHARGES ADDED TO CRIMINAL PENALTIES. 15 Division I changes the name of the criminal penalty surcharge 16 to the crime services surcharge and modifies the distribution 17 of the surcharge moneys. Currently, the clerk of the district 18 court remits 5 percent of the criminal penalty surcharge to 19 the county treasurer of the county that was the plaintiff in 20 the action or to the city that was the plaintiff in the action 21 and the remaining 95 percent of the criminal penalty surcharge 22 moneys as follows: 17 percent is deposited in the victim 23 compensation fund established in Code section 915.94, and 83 24 percent is deposited in the general fund of the state. 25 Under Division I, the clerk of the district court remits 15 26 percent of the crime services surcharge to the county treasurer 27 of the county that was the plaintiff in the action or to the 28 city that was the plaintiff in the action. Additionally, 29 under the division, the clerk of the district court remits the 30 remaining 85 percent of the crime services surcharge moneys as 31 follows: 59 percent is deposited in the victim compensation 32 fund established in Code section 915.94, 38 percent is 33 deposited in the criminalistics laboratory fund established in 34 Code section 691.9 and 3 percent is deposited in the drug abuse 35 -36- LSB 1922SZ (4) 88 asf/jh 36/ 41
S.F. 457 resistance education fund established in Code section 80E.4. 1 Division I provides that the state court administrator shall 2 deposit monthly the portion of the moneys collected from the 3 assessment of the crime services surcharge and remitted to the 4 state court administrator to the victim compensation fund and 5 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 requires that a person convicted of a crime 19 relating to agricultural property (agricultural property theft 20 offense) is subject to surcharge equal to $500. The moneys 21 are required to be remitted by the clerk of court to the 22 state court administrator and are appropriated to the court 23 technology and modernization fund for purposes of supporting 24 judicial branch operations. 25 The agricultural property offense must involve either: (1) 26 the theft of agricultural property or (2) criminal mischief 27 for damaging, defacing, altering, or destroying agricultural 28 property. In addition, it must be classified as a first degree 29 offense (class “C” felony), second degree offense (class “D” 30 felony), or third degree offense (aggravated misdemeanor). 31 The agricultural property is limited to: (1) a crop, (2) 32 livestock, or (3) honey bees or associated items. 33 The degree of the offense for theft or criminal mischief, and 34 its punishment, corresponds to the dollar amount of the value 35 -37- LSB 1922SZ (4) 88 asf/jh 37/ 41
S.F. 457 of the property subject to the offense. If the value exceeds 1 $10,000, the offense is theft or criminal mischief in the first 2 degree and punishable as a class “C” felony with confinement 3 for no more than 10 years. If the value exceeds $1,000 but 4 does not exceed $10,000, the offense is classified as theft 5 or criminal mischief in the second degree and punishable as 6 a class “D” felony with confinement for no more than five 7 years. If the value exceeds $500 but does not exceed $1,000, 8 the offense is classified as theft or criminal mischief in 9 the third degree and punishable as an aggravated misdemeanor 10 with confinement for no more than two years. See Division V 11 for current and proposed law on misdemeanor and felony fine 12 amounts. 13 Division I repeals the law enforcement initiative 14 surcharge in Code section 911.3 and the drug abuse resistance 15 education surcharge in Code section 911.2. Division I makes 16 corresponding changes to the Code. 17 DIVISION II —— COURT FUNDS. Division II increases the 18 allocation to the court technology and modernization fund from 19 $1 million to $9 million in Code section 602.8108. Division 20 II repeals the enhanced court collections fund in Code section 21 602.1304(2). Division II makes corresponding changes to 22 the Code. Division II provides that any unobligated or 23 unencumbered moneys remaining in the enhanced court collections 24 fund in Code section 602.1304 at the end of the fiscal year 25 beginning July 1, 2018, and ending June 30, 2019, shall be 26 transferred to the court technology and modernization fund. 27 DIVISION III —— CIVIL FEES. Division III amends Code 28 sections 602.8105 and 631.6 to increase fees in civil cases 29 by $20, except no increase was made for an appeal from a 30 judgment in small claims and the filing fee for an adoption was 31 eliminated. 32 Division III provides that the judicial branch shall conduct 33 a study to determine whether the current fee to appear pro 34 hac vice is appropriate. Division III provides that if the 35 -38- LSB 1922SZ (4) 88 asf/jh 38/ 41
S.F. 457 judicial branch determines that the fee to appear pro hac vice 1 is not appropriate, the judicial branch shall adjust the fee 2 accordingly. 3 DIVISION IV —— SCHEDULED VIOLATIONS. Division IV 4 reclassifies the following simple misdemeanors as simple 5 misdemeanors punishable as scheduled violations: violations of 6 Code section 321.24 (issuance of registration and certificate 7 of title), violations of Code section 321.260(2) (unlawful 8 possession of traffic-control device), violations of Code 9 section 321.262 (leaving the scene of an accident), violations 10 of Code section 321.264 (striking unattended vehicle), 11 violations of Code section 321.265 (striking fixtures upon 12 a highway), violations of Code section 321.324A (funeral 13 processions), violations of Code section 321.371 (clearing up 14 wrecks), violations of Code section 321.383 (exceptions —— slow 15 vehicles identified), and violations of Code section 321.431 16 (brake performance). 17 Division IV raises nearly all of the amounts for simple 18 misdemeanors punishable as scheduled violations in Code 19 sections 805.8A (motor vehicle and transportation), 805.8B 20 (navigation, recreation, hunting, and fishing), and 805.8C 21 (miscellaneous), by approximately 28 percent. 22 Division IV also addresses the public offense of unlawfully 23 passing a school bus, which is a simple misdemeanor as a first 24 offense. Division IV raises the fine amount by 37 percent 25 and provides that the department of transportation shall 26 require the person to attend and successfully complete, at the 27 person’s own expense, a driver improvement program approved 28 by the department in lieu of a driver’s license suspension 29 for the offense pursuant to Code section 321.210. Division 30 IV instructs the department of transportation to initiate 31 rulemaking to implement that policy change and provides for an 32 immediate effective date for the rulemaking provision. 33 DIVISION V —— MISDEMEANOR AND FELONY FINES. Division 34 V modifies the minimum and maximum criminal fines for 35 -39- LSB 1922SZ (4) 88 asf/jh 39/ 41
S.F. 457 misdemeanors and felonies. Currently, a simple misdemeanor 1 fine ranges from $65 to $625, a serious misdemeanor fine ranges 2 from $315 to $1,875, an aggravated misdemeanor fine ranges 3 from $625 to $6,250, a class “D” felony fine ranges from $750 4 to $7,500, and a class “C” felony fine ranges from $1,000 to 5 $10,000. Under Division V, a simple misdemeanor fine ranges 6 from $90 to $855, a serious misdemeanor fine ranges from $430 7 to $2,560, an aggravated misdemeanor fine ranges from $855 to 8 $8,540, a class “D” felony fine ranges from $1,025 to $10,245, 9 and a class “C” felony fine ranges from $1,370 to $13,660. 10 DIVISION VI —— CRIMINALISTICS LABORATORY FUND. Division VI 11 provides that the criminalistics laboratory fund shall consist 12 not only of appropriations made to the fund and transfers of 13 interest, but also of moneys collected from the crime services 14 surcharge established in Code section 911.1. Division VI 15 also provides that the moneys in the fund appropriated to the 16 department of public safety are for use by the department for 17 the department of administrative services utility service 18 fee for the criminalistics laboratory facility in Ankeny, in 19 addition to the currently authorized criminalistics laboratory 20 equipment and supply purchasing, maintenance, depreciation, and 21 training. 22 DIVISION VII —— DRUG ABUSE RESISTANCE EDUCATION FUND. 23 Division VII establishes a drug abuse resistance education 24 fund in the state treasury under the control of the governor’s 25 office of drug control policy for use by the drug abuse 26 resistance education program and other programs with a similar 27 purpose. Division VII provides that the fund shall consist 28 of appropriations made to the fund and transfers of interest, 29 moneys collected from the crime services surcharge established 30 in Code section 911.1, and earnings. Division VII provides 31 that all moneys in the fund are appropriated to the governor’s 32 office of drug control policy and that any balance in the fund 33 on June 30 of any fiscal year shall not revert to any other 34 fund of the state but shall remain available for the purposes 35 -40- LSB 1922SZ (4) 88 asf/jh 40/ 41
S.F. 457 described in Division VII. 1 -41- LSB 1922SZ (4) 88 asf/jh 41/ 41