H.F. _____ Section 1. NEW SECTION . 804.32 Warrant resolution clinics 1 prohibited. 2 1. As used in this section, “warrant resolution clinic” 3 means any prearranged event, program, assembly, arrangement, 4 docket setting, or coordinated effort, whether formal or 5 informal, other than a regularly scheduled court proceeding 6 held within a courthouse or judicial facility, designed or 7 having the practical effect of allowing individuals with 8 outstanding arrest warrants to appear and resolve such warrants 9 without being subject to immediate arrest and custodial 10 processing, regardless of how such event, program, assembly, 11 arrangement, docket setting, or effort is designated or 12 characterized. 13 2. An entity, organization, county attorney, law 14 enforcement agency, judicial officer, nonprofit organization, 15 or any other person shall not organize, sponsor, host, fund, 16 promote, or participate in a warrant resolution clinic. 17 3. A person who has an outstanding warrant for the person’s 18 arrest shall only resolve such warrant by any of the following: 19 a. Surrendering to a peace officer or at a law enforcement 20 agency. 21 b. Appearing at a scheduled court hearing as directed by a 22 magistrate or judge under standard judicial procedures. 23 c. Through a written motion filed in an individual, pending 24 case, agreed to by the prosecuting attorney, and ruled on by 25 the court under standard judicial procedures in the ordinary 26 course of the case, and not as part of any event, program, or 27 arrangement prohibited by this section. 28 4. The use of public funds or facilities for the purpose of 29 hosting a warrant resolution clinic is strictly prohibited. 30 5. A person shall not shall evade or attempt to evade the 31 prohibitions of this section by conducting a substantially 32 equivalent program, event, or arrangement under a different 33 name, structure, or designation. A program, event, or 34 arrangement is substantially equivalent if its primary purpose 35 -1- LSB 6968YC (6) 91 as/js 1/ 5

H.F. _____ or practical effect is to allow individuals with outstanding 1 arrest warrants to appear and resolve those warrants without 2 being subject to immediate arrest and custodial processing. 3 Evidence that a program is substantially equivalent includes 4 but is not limited to: 5 a. Block-scheduling or clustering warrant cases on a single 6 docket day with an explicit or implicit understanding that 7 attending individuals will not be subject to immediate arrest. 8 b. Advertising or communicating to individuals with 9 outstanding warrants that they may appear at a particular time 10 and place to resolve warrants without risk of arrest. 11 c. Coordinating between law enforcement, court personnel, 12 attorneys, or community organizations to facilitate 13 noncustodial warrant resolution outside of standard judicial 14 procedures. 15 6. A violation of this section is subject to the following 16 penalties: 17 a. (1) A public official or employee who knowingly violates 18 this section commits a simple misdemeanor. 19 (2) In addition to the penalty provided in subparagraph 20 (1), a public official or employee who knowingly violates this 21 section is also subject to removal from office or employment 22 pursuant to applicable law. 23 b. A private person that knowingly organizes, sponsors, 24 hosts, or funds a warrant resolution clinic or substantially 25 equivalent program in violation of this section commits a 26 simple misdemeanor and is also subject to a civil penalty of 27 not more than ten thousand dollars per violation, recoverable 28 by the attorney general in an action in district court. 29 7. Any person may report a suspected violation of this 30 section to the office of the attorney general. Upon receipt 31 of a report or upon the attorney general’s own initiative, the 32 attorney general may investigate suspected violations and may 33 bring a civil enforcement action in district court seeking 34 injunctive relief, civil penalties as provided in subsection 35 -2- LSB 6968YC (6) 91 as/js 2/ 5

H.F. _____ 6, and recovery of costs and reasonable attorney fees. The 1 attorney general shall establish a procedure for receiving and 2 reviewing reports under this subsection and shall make such 3 procedure publicly available. 4 8. Any resident of a county in which a warrant resolution 5 clinic or substantially equivalent program is conducted or 6 planned in violation of this section may bring a civil action 7 in district court to do any of the following: 8 a. Obtain injunctive or declaratory relief to prevent or 9 restrain the violation. 10 b. Recover actual damages, if any. 11 c. Recover reasonable attorney fees and court costs if the 12 plaintiff substantially prevails. 13 9. In addition to any other penalty, any county organizing, 14 sponsoring, hosting, funding, promoting, or participating in a 15 warrant resolution clinic shall not receive any funds having 16 their origin in court debt, as defined in section 602.8107, 17 including but not limited to fees or remittances arising 18 from or related to the collection of past due fines and fees 19 constituting court debt. 20 10. This section preempts and supersedes any ordinance, 21 resolution, policy, rule, or other action by a city, county, 22 or other political subdivision of this state that authorizes, 23 permits, funds, or facilitates a warrant resolution clinic or 24 any substantially equivalent program, event, or arrangement as 25 described in this section. No political subdivision of this 26 state shall enact or enforce any provision that conflicts with 27 or purports to authorize conduct prohibited by this section. 28 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill prohibits warrant resolution clinics and includes 34 enforcement mechanisms. 35 -3- LSB 6968YC (6) 91 as/js 3/ 5

H.F. _____ The bill defines “warrant resolution clinic” as any 1 prearranged event, program, assembly, arrangement, docket 2 setting, or coordinated effort, whether formal or informal, 3 other than a regularly scheduled court proceeding held within 4 a courthouse or judicial facility, designed or having the 5 practical effect of allowing individuals with outstanding 6 arrest warrants to appear and resolve such warrants without 7 being subject to immediate arrest and custodial processing, 8 regardless of how such event, program, assembly, arrangement, 9 docket setting, or effort is designated or characterized. 10 The bill provides that an entity, organization, county 11 attorney, law enforcement agency, judicial officer, nonprofit 12 organization, or any other person shall not organize, sponsor, 13 host, fund, promote, or participate in a warrant resolution 14 clinic. A person who has an outstanding warrant for the 15 person’s arrest may only resolve the warrant by surrendering 16 to a peace officer or at a law enforcement agency, appearing 17 at a scheduled court hearing as directed by a magistrate or 18 judge under standard judicial procedures, or through a written 19 motion filed in an individual, pending case, agreed to by the 20 prosecuting attorney, and ruled on by the court under standard 21 judicial procedures in the ordinary course of the case. 22 The bill prohibits the use of public funds or facilities for 23 the purpose of hosting a warrant resolution clinic. 24 The bill provides that a person shall not evade or 25 attempt to evade the prohibitions of the bill by conducting 26 a substantially equivalent program, event, or arrangement 27 under a different name, structure, or designation. The bill 28 provides examples of substantially equivalent programs that are 29 prohibited. 30 A public official or employee who knowingly violates the 31 bill commits a simple misdemeanor, and is also subject to 32 removal from office or employment pursuant to applicable law. 33 A private person that knowingly organizes, sponsors, hosts, or 34 funds a warrant resolution clinic or substantially equivalent 35 -4- LSB 6968YC (6) 91 as/js 4/ 5

H.F. _____ program in violation of the bill commits a simple misdemeanor 1 and is also subject to a civil penalty of not more than $10,000 2 per violation, recoverable by the attorney general in an action 3 in district court. A simple misdemeanor is punishable by 4 confinement for no more than 30 days and a fine of at least $105 5 but not more than $855. 6 The bill provides that any person may report a suspected 7 violation of the bill to the office of the attorney general. 8 The attorney general may investigate suspected violations and 9 may bring a civil enforcement action in district court seeking 10 injunctive relief, civil penalties, and recovery of costs and 11 reasonable attorney fees. 12 The bill provides that any resident of a county in which 13 a warrant resolution clinic or substantially equivalent 14 program is conducted or planned in violation of the bill may 15 bring a civil action in district court to obtain injunctive 16 or declaratory relief to prevent or restrain the violation, 17 recover actual damages, and recover reasonable attorney fees 18 and court costs. 19 The bill provides that any county organizing, sponsoring, 20 hosting, funding, promoting, or participating in a warrant 21 resolution clinic is not entitled to receive any funds having 22 their origin in court debt including but not limited to fees or 23 remittances arising from or related to the collection of past 24 due fines and fees constituting court debt. 25 The bill takes effect upon enactment. 26 -5- LSB 6968YC (6) 91 as/js 5/ 5