HSB 780 (LSB 6968YC (6) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON THOMSON)

A BILL FOR

An Act prohibiting warrant resolution clinics, including enforcement mechanisms, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  804.32  Warrant resolution clinics prohibited.
   1.  As used in this section, “warrant resolution clinic” means any prearranged event, program, assembly, arrangement, docket setting, or coordinated effort, whether formal or informal, other than a regularly scheduled court proceeding held within a courthouse or judicial facility, designed or having the practical effect of allowing individuals with outstanding arrest warrants to appear and resolve such warrants without being subject to immediate arrest and custodial processing, regardless of how such event, program, assembly, arrangement, docket setting, or effort is designated or characterized.
   2.  An entity, organization, county attorney, law enforcement agency, judicial officer, nonprofit organization, or any other person shall not organize, sponsor, host, fund, promote, or participate in a warrant resolution clinic.
   3.  A person who has an outstanding warrant for the person’s arrest shall only resolve such warrant by any of the following:
   a.  Surrendering to a peace officer or at a law enforcement agency.
   b.  Appearing at a scheduled court hearing as directed by a magistrate or judge under standard judicial procedures.
   c.  Through a written motion filed in an individual, pending case, agreed to by the prosecuting attorney, and ruled on by the court under standard judicial procedures in the ordinary course of the case, and not as part of any event, program, or arrangement prohibited by this section.
   4.  The use of public funds or facilities for the purpose of hosting a warrant resolution clinic is strictly prohibited.
   5.  A person shall not shall evade or attempt to evade the prohibitions of this section by conducting a substantially equivalent program, event, or arrangement under a different name, structure, or designation. A program, event, or arrangement is substantially equivalent if its primary purpose or practical effect is to allow individuals with outstanding arrest warrants to appear and resolve those warrants without being subject to immediate arrest and custodial processing. Evidence that a program is substantially equivalent includes but is not limited to:
   a.  Block-scheduling or clustering warrant cases on a single docket day with an explicit or implicit understanding that attending individuals will not be subject to immediate arrest.
   b.  Advertising or communicating to individuals with outstanding warrants that they may appear at a particular time and place to resolve warrants without risk of arrest.
   c.  Coordinating between law enforcement, court personnel, attorneys, or community organizations to facilitate noncustodial warrant resolution outside of standard judicial procedures.
   6.  A violation of this section is subject to the following penalties:
   a.  (1)  A public official or employee who knowingly violates this section commits a simple misdemeanor.
   (2)  In addition to the penalty provided in subparagraph (1), a public official or employee who knowingly violates this section is also subject to removal from office or employment pursuant to applicable law.
   b.  A private person that knowingly organizes, sponsors, hosts, or funds a warrant resolution clinic or substantially equivalent program in violation of this section commits a simple misdemeanor and is also subject to a civil penalty of not more than ten thousand dollars per violation, recoverable by the attorney general in an action in district court.
   7.  Any person may report a suspected violation of this section to the office of the attorney general. Upon receipt of a report or upon the attorney general’s own initiative, the attorney general may investigate suspected violations and may bring a civil enforcement action in district court seeking injunctive relief, civil penalties as provided in subsection 6, and recovery of costs and reasonable attorney fees. The attorney general shall establish a procedure for receiving and reviewing reports under this subsection and shall make such procedure publicly available.
   8.  Any resident of a county in which a warrant resolution clinic or substantially equivalent program is conducted or planned in violation of this section may bring a civil action in district court to do any of the following:
   a.  Obtain injunctive or declaratory relief to prevent or restrain the violation.
   b.  Recover actual damages, if any.
   c.  Recover reasonable attorney fees and court costs if the plaintiff substantially prevails.
   9.  In addition to any other penalty, any county organizing, sponsoring, hosting, funding, promoting, or participating in a warrant resolution clinic shall not receive any funds having their origin in court debt, as defined in section 602.8107, including but not limited to fees or remittances arising from or related to the collection of past due fines and fees constituting court debt.
   10.  This section preempts and supersedes any ordinance, resolution, policy, rule, or other action by a city, county, or other political subdivision of this state that authorizes, permits, funds, or facilitates a warrant resolution clinic or any substantially equivalent program, event, or arrangement as described in this section. No political subdivision of this state shall enact or enforce any provision that conflicts with or purports to authorize conduct prohibited by this section.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits warrant resolution clinics and includes enforcement mechanisms.
   The bill defines “warrant resolution clinic” as any prearranged event, program, assembly, arrangement, docket setting, or coordinated effort, whether formal or informal, other than a regularly scheduled court proceeding held within a courthouse or judicial facility, designed or having the practical effect of allowing individuals with outstanding arrest warrants to appear and resolve such warrants without being subject to immediate arrest and custodial processing, regardless of how such event, program, assembly, arrangement, docket setting, or effort is designated or characterized.
   The bill provides that an entity, organization, county attorney, law enforcement agency, judicial officer, nonprofit organization, or any other person shall not organize, sponsor, host, fund, promote, or participate in a warrant resolution clinic. A person who has an outstanding warrant for the person’s arrest may only resolve the warrant by surrendering to a peace officer or at a law enforcement agency, appearing at a scheduled court hearing as directed by a magistrate or judge under standard judicial procedures, or through a written motion filed in an individual, pending case, agreed to by the prosecuting attorney, and ruled on by the court under standard judicial procedures in the ordinary course of the case.
   The bill prohibits the use of public funds or facilities for the purpose of hosting a warrant resolution clinic.
   The bill provides that a person shall not evade or attempt to evade the prohibitions of the bill by conducting a substantially equivalent program, event, or arrangement under a different name, structure, or designation. The bill provides examples of substantially equivalent programs that are prohibited.
   A public official or employee who knowingly violates the bill commits a simple misdemeanor, and is also subject to removal from office or employment pursuant to applicable law. A private person that knowingly organizes, sponsors, hosts, or funds a warrant resolution clinic or substantially equivalent program in violation of the bill commits a simple misdemeanor and is also subject to a civil penalty of not more than $10,000 per violation, recoverable by the attorney general in an action in district court. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill provides that any person may report a suspected violation of the bill to the office of the attorney general. The attorney general may investigate suspected violations and may bring a civil enforcement action in district court seeking injunctive relief, civil penalties, and recovery of costs and reasonable attorney fees.
   The bill provides that any resident of a county in which a warrant resolution clinic or substantially equivalent program is conducted or planned in violation of the bill may bring a civil action in district court to obtain injunctive or declaratory relief to prevent or restrain the violation, recover actual damages, and recover reasonable attorney fees and court costs.
   The bill provides that any county organizing, sponsoring, hosting, funding, promoting, or participating in a warrant resolution clinic is not entitled to receive any funds having their origin in court debt including but not limited to fees or remittances arising from or related to the collection of past due fines and fees constituting court debt.
   The bill takes effect upon enactment.