Senate File 2394 - Reprinted SENATE FILE 2394 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 3202) (As Amended and Passed by the Senate April 4, 2018 ) 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 SF 2394 (2) 87 asf/jh/jh
S.F. 2394 DIVISION I 1 SURCHARGES ADDED TO CRIMINAL PENALTIES 2 Section 1. Section 331.302, subsection 2, Code 2018, is 3 amended to read as follows: 4 2. For a violation of an ordinance a county shall not 5 provide a penalty in excess of the maximum fine and term of 6 imprisonment for a simple misdemeanor under section 903.1, 7 subsection 1 , paragraph “a” . The criminal penalty crime 8 services surcharge required by section 911.1 shall be added to 9 a county fine and is not a part of the county’s penalty. 10 Sec. 2. Section 364.3, subsection 2, Code 2018, is amended 11 to read as follows: 12 2. For a violation of an ordinance a city shall not 13 provide a penalty in excess of the maximum fine and term of 14 imprisonment for a simple misdemeanor under section 903.1, 15 subsection 1 , paragraph “a” . An amount equal to ten percent of 16 all fines collected by cities shall be deposited in the account 17 established in section 602.8108 . However, one hundred percent 18 of all fines collected by a city pursuant to section 321.236, 19 subsection 1 , shall be retained by the city. The criminal 20 penalty crime services surcharge required by section 911.1 21 shall be added to a city fine and is not a part of the city’s 22 penalty. 23 Sec. 3. Section 602.8102, subsection 135A, Code 2018, is 24 amended to read as follows: 25 135A. Assess the surcharges provided by sections 911.1 , 26 911.2 , 911.2A , 911.2B , 911.2C , 911.3 , and 911.4 . 27 Sec. 4. Section 602.8107, subsection 2, paragraph c, 28 subparagraph (2), Code 2018, is amended to read as follows: 29 (2) Fines or penalties and criminal penalty and law 30 enforcement initiative surcharges the crime services surcharge . 31 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code 32 2018, is amended to read as follows: 33 a. This subsection does not apply to amounts collected for 34 victim restitution, the victim compensation fund, the criminal 35 -1- SF 2394 (2) 87 asf/jh/jh 1/ 34
S.F. 2394 penalty crime services surcharge, sex offender civil penalty, 1 drug abuse resistance education surcharge, the law enforcement 2 initiative surcharge, county enforcement surcharge, amounts 3 collected as a result of procedures initiated under subsection 4 5 or under section 8A.504 , or fees charged pursuant to section 5 356.7 . 6 Sec. 6. Section 602.8108, subsections 3, 5, and 7, Code 7 2018, are amended to read as follows: 8 3. The clerk of the district court shall remit to the state 9 court administrator, not later than the fifteenth day of each 10 month, ninety-five eighty-five percent of all moneys collected 11 from the criminal penalty crime services surcharge provided in 12 section 911.1 during the preceding calendar month. The clerk 13 shall remit the remainder to the county treasurer of the county 14 that was the plaintiff in the action or to the city that was 15 the plaintiff in the action. Of the amount received from the 16 clerk, the state court administrator shall allocate seventeen 17 and deposit each month 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 20 fund forty-one percent in the criminalistics laboratory fund 21 established in section 691.9 . 22 5. The clerk of the district court shall remit all moneys 23 collected from the assessment of the law enforcement initiative 24 surcharge provided in section 911.3 to the state court 25 administrator no later than the fifteenth day of each month for 26 deposit in the general fund of the state. 27 7. The clerk of the district court shall remit all moneys 28 collected from the assessment of the surcharges provided 29 in sections section 911.2B and 911.2C to the state court 30 administrator for deposit in the address confidentiality 31 program revolving fund created in section 9.8 . 32 Sec. 7. Section 805.8, subsection 1, Code 2018, is amended 33 to read as follows: 34 1. Application. Except as otherwise indicated, violations 35 -2- SF 2394 (2) 87 asf/jh/jh 2/ 34
S.F. 2394 of sections of the Code specified in sections 805.8A , 805.8B , 1 and 805.8C are scheduled violations, and the scheduled fine 2 for each of those violations is as provided in those sections, 3 whether the violation is of state law or of a county or city 4 ordinance. The criminal penalty crime services surcharge 5 required by section 911.1 and the county enforcement surcharge 6 required by section 911.4 , if applicable, shall be added to the 7 scheduled fine. 8 Sec. 8. Section 902.9, subsection 2, Code 2018, is amended 9 to read as follows: 10 2. The surcharges required by sections 911.1 , 911.2 , and 11 911.2A , and 911.3 shall be added to a fine imposed on a class 12 “C” or class “D” felon, as provided by those sections, and are 13 not a part of or subject to the maximums set in this section . 14 Sec. 9. Section 903.1, subsection 4, Code 2018, is amended 15 to read as follows: 16 4. The surcharges required by sections 911.1 , 911.2 , 17 911.2A , 911.3 , and 911.4 shall be added to a fine imposed on a 18 misdemeanant as provided in those sections, and are not a part 19 of or subject to the maximums set in this section . 20 Sec. 10. Section 911.1, Code 2018, is amended to read as 21 follows: 22 911.1 Criminal penalty Crime services surcharge. 23 1. A criminal penalty crime services surcharge shall be 24 levied against law violators as provided in this section . 25 When a court imposes a fine or forfeiture for a violation of 26 state law, or a city or county ordinance, except an ordinance 27 regulating the parking of motor vehicles, the court or the 28 clerk of the district court shall assess an additional penalty 29 in the form of a criminal penalty crime services surcharge 30 equal to thirty-five ten percent of the fine or forfeiture 31 imposed. 32 2. In the event of multiple offenses, the surcharge shall 33 be based upon the total amount of fines or forfeitures imposed 34 for all offenses. 35 -3- SF 2394 (2) 87 asf/jh/jh 3/ 34
S.F. 2394 3. When a fine or forfeiture is suspended in whole or in 1 part, the court shall reduce the surcharge in proportion to the 2 amount suspended. 3 4. The surcharge is subject to the provisions of chapter 4 909 governing the payment and collection of fines, as provided 5 in section 909.8 . 6 5. The surcharge shall be remitted by the clerk of court as 7 provided in section 602.8108, subsection 3 . 8 Sec. 11. Section 911.2, subsection 1, Code 2018, is amended 9 to read as follows: 10 1. In addition to any other surcharge, the court or clerk 11 of the district court shall assess a drug abuse resistance 12 education surcharge of ten dollars if a violation arises out 13 of a violation of an offense provided for in chapter 321J or 14 chapter 124, subchapter IV . 15 Sec. 12. Section 911.2A, subsection 1, Code 2018, is amended 16 to read as follows: 17 1. In addition to any other surcharge, the court or clerk 18 of the district court shall assess a human trafficking victim 19 surcharge of one thousand dollars if an adjudication of 20 guilt or a deferred judgment has been entered for a criminal 21 violation of section 725.1, subsection 2 , or section 710A.2 , 22 725.2 , or 725.3 . 23 Sec. 13. Section 911.2B, Code 2018, is amended to read as 24 follows: 25 911.2B Domestic abuse assault, domestic abuse protective 26 order contempt, sexual abuse, stalking, and human trafficking 27 victim surcharge. 28 1. In addition to any other surcharge, the court or clerk 29 of the district court shall assess a domestic abuse assault, 30 domestic abuse protective order contempt, sexual abuse, 31 stalking, and human trafficking victim surcharge of one hundred 32 ninety dollars if an adjudication of guilt or a deferred 33 judgment has been entered for a violation of section 708.2A , 34 708.11 , or 710A.2 , or chapter 709 , or if a defendant is held 35 -4- SF 2394 (2) 87 asf/jh/jh 4/ 34
S.F. 2394 in contempt of court for violating a domestic abuse protective 1 order issued pursuant to chapter 236 . 2 2. In the event of multiple offenses, the surcharge shall be 3 imposed for each applicable offense. 4 3. The surcharge shall be remitted by the clerk of court as 5 provided in section 602.8108, subsection 7 . 6 Sec. 14. REPEAL. Sections 911.2C and 911.3, Code 2018, are 7 repealed. 8 DIVISION II 9 COURT FUNDS 10 Sec. 15. Section 602.1302, subsection 1, Code 2018, is 11 amended to read as follows: 12 1. Except as otherwise provided by sections 602.1303 , 13 602.1304 , and 602.8108 or other applicable law, the expenses of 14 operating and maintaining the judicial branch shall be paid out 15 of the general fund of the state from funds appropriated by the 16 general assembly for the judicial branch. State funding shall 17 be phased in as provided in section 602.11101 . 18 Sec. 16. Section 602.1304, subsection 1, Code 2018, is 19 amended to read as follows: 20 1. Except as provided in article 8 and subsection 2 of this 21 section , all fees and other revenues collected by judicial 22 officers and court employees shall be paid into the general 23 fund of the state. 24 Sec. 17. Section 602.1304, subsection 2, Code 2018, is 25 amended by striking the subsection. 26 Sec. 18. Section 602.8108, subsection 9, Code 2018, is 27 amended by striking the subsection and inserting in lieu 28 thereof the following: 29 9. a. A court technology and modernization fund is 30 established as a separate fund in the state treasury. The 31 state court administrator shall allocate nine million 32 four hundred thousand dollars of the moneys received under 33 subsection 2 to be deposited in the fund, which shall be 34 administered by the judicial branch. 35 -5- SF 2394 (2) 87 asf/jh/jh 5/ 34
S.F. 2394 b. The moneys in the fund used to enhance the ability of the 1 judicial branch to process cases more quickly and efficiently, 2 to electronically transmit information to state government, 3 local governments, law enforcement agencies, and the public, 4 and to improve public access to the court system. The moneys 5 in the collection fund may also be used for any the following: 6 (1) The Iowa court information system. 7 (2) Records management, equipment, services, and projects. 8 (3) Other technological improvements approved by the 9 judicial branch. 10 (4) Electronic legal research equipment, systems, and 11 projects. 12 (5) The study, development, and implementation of other 13 innovations and projects that would improve the administration 14 of justice. 15 (6) Capital improvements necessitated by the installation 16 of or connection with the Iowa court information system, the 17 Iowa communications network, or other like networks. 18 c. The fund shall be separate from the general fund of 19 the state and the balance in the fund shall not be considered 20 part of the balance of the general fund of the state. 21 Notwithstanding section 8.33, moneys in the fund shall not 22 revert to the general fund. Notwithstanding section 12C.7, 23 subsection 2, interest or earnings on moneys in the court 24 technology and modernization fund shall remain in the court 25 technology and modernization fund and any interest and earnings 26 shall be in addition to the maximum annual deposit amount. 27 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated 28 or unencumbered moneys remaining in the enhanced court 29 collections fund in section 602.1304 at the end of the fiscal 30 year beginning July 1, 2017, and ending June 30, 2018, shall be 31 transferred to the court technology and modernization fund. 32 DIVISION III 33 CIVIL FEES 34 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2018, 35 -6- SF 2394 (2) 87 asf/jh/jh 6/ 34
S.F. 2394 are amended to read as follows: 1 1. The clerk of the district court shall collect the 2 following fees: 3 a. Except as otherwise provided in this subsection , for 4 filing and docketing a petition, one two hundred eighty-five 5 five dollars. In counties having a population of ninety-eight 6 thousand or over, an additional five dollars shall be charged 7 and collected to be known as the journal publication fee and 8 used for the purposes provided for in section 618.13 . 9 b. For filing and docketing a petition for dissolution 10 of marriage, which includes the docketing of any dissolution 11 decree, two hundred seventy-five dollars. It is the intent of 12 the general assembly that twenty percent of the funds generated 13 from these fees be appropriated and used for sexual assault 14 and domestic violence centers and eighty percent of the funds 15 generated from these fees be appropriated to the general fund 16 of the state. 17 b. c. For filing and docketing a petition pursuant to 18 chapter 598 other than a dissolution of marriage petition, one 19 hundred twenty dollars. 20 c. d. For filing and docketing an application for 21 modification of a dissolution decree to which a written 22 stipulation is attached at the time of filing containing the 23 agreement of the parties to the terms of modification, one 24 hundred twenty dollars. 25 d. For entering a final decree of dissolution of marriage, 26 fifty dollars. It is the intent of the general assembly that 27 the funds generated from the dissolution fees be appropriated 28 and used for sexual assault and domestic violence centers. 29 e. For filing and docketing a petition for adoption pursuant 30 to chapter 600 , one hundred dollars. For multiple adoption 31 petitions filed at the same time by the same petitioner under 32 section 600.3 , the filing fee and any court costs for any 33 petition filed in addition to the first petition filed are 34 waived. 35 -7- SF 2394 (2) 87 asf/jh/jh 7/ 34
S.F. 2394 f. For filing and docketing a small claims action, the 1 amounts specified in section 631.6 . 2 g. For an appeal from a judgment in small claims or for 3 filing and docketing a writ of error, one hundred eighty-five 4 dollars. 5 h. For a motion to show cause in a civil case, fifty seventy 6 dollars. 7 i. For filing and docketing a transcript of the judgment in 8 a civil case, fifty seventy dollars. 9 j. For filing a tribal judgment, one hundred twenty dollars. 10 2. The clerk of the district court shall collect the 11 following fees for miscellaneous services: 12 a. For filing and entering any other statutory lien, fifty 13 seventy dollars. 14 b. For a certificate and seal, twenty forty dollars. 15 However, there shall be no charge for a certificate and seal to 16 an application to procure a pension, bounty, or back pay for a 17 member of the armed services or other person. 18 c. For certifying a change in title of real estate, fifty 19 seventy dollars. 20 d. For filing a praecipe to issue execution under chapter 21 626 , twenty-five forty-five dollars. The fee shall be 22 recoverable by the creditor from the debtor against whom the 23 execution is issued. A fee payable by a political subdivision 24 of the state under this paragraph shall be collected by the 25 clerk of the district court as provided in section 602.8109 . 26 However, the fee shall be waived and shall not be collected 27 from a political subdivision of the state if a county attorney 28 or county attorney’s designee is collecting a delinquent 29 judgment pursuant to section 602.8107, subsection 4 . 30 e. For filing a praecipe to issue execution under chapter 31 654 , fifty seventy dollars. 32 f. For filing a confession of judgment under chapter 676 , 33 fifty seventy dollars if the judgment is five thousand dollars 34 or less, and one hundred twenty dollars if the judgment exceeds 35 -8- SF 2394 (2) 87 asf/jh/jh 8/ 34
S.F. 2394 five thousand dollars. 1 g. For filing a lis pendens, fifty seventy dollars. 2 h. For applicable convictions under section 692A.110 prior 3 to July 1, 2009, a civil penalty of two hundred twenty dollars, 4 and for applicable convictions under section 692A.110 on or 5 after July 1, 2009, a civil penalty of two hundred fifty 6 seventy dollars. 7 i. Other fees provided by law. 8 Sec. 21. Section 631.6, subsection 1, paragraphs a and c, 9 Code 2018, are amended to read as follows: 10 a. Fees for filing and docketing shall be eighty-five one 11 hundred five dollars. 12 c. Postage charged for the mailing of original notice shall 13 be ten thirty dollars. 14 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial 15 branch shall conduct a study to determine whether the amount of 16 the current fee to appear pro hac vice is appropriate. If the 17 judicial branch determines that the fee the appear pro hac vice 18 is not appropriate, the judicial branch shall adjust the fee 19 accordingly. 20 DIVISION IV 21 SCHEDULED VIOLATIONS 22 Sec. 23. Section 321.24, subsection 12, Code 2018, is 23 amended to read as follows: 24 12. A person who violates this section commits a simple 25 misdemeanor punishable as a scheduled violation under section 26 805.8A, subsection 2, paragraph “b” . 27 Sec. 24. Section 321.260, subsection 2, Code 2018, is 28 amended to read as follows: 29 2. It shall be unlawful for any person to have in the 30 person’s possession any official traffic-control device 31 except by legal right or authority. Any person convicted 32 of unauthorized possession of any official traffic-control 33 device shall upon conviction be guilty of a simple misdemeanor 34 punishable as a scheduled violation under section 805.8A, 35 -9- SF 2394 (2) 87 asf/jh/jh 9/ 34
S.F. 2394 subsection 8, paragraph “c” . In addition to any other 1 penalties, the punishment imposed for a violation of this 2 subsection shall include assessment of a fine of not less than 3 two three hundred fifty twenty dollars. 4 Sec. 25. Section 321.262, subsection 2, Code 2018, is 5 amended to read as follows: 6 2. The driver shall remain at the scene of the accident 7 until the driver has fulfilled the requirements of section 8 321.263 . Any person failing to remain at the scene of the 9 accident or fulfill the requirements of section 321.263 under 10 such circumstances shall be guilty of a simple misdemeanor 11 and punished as provided in section 321.482 punishable as 12 a scheduled violation under section 805.8A, subsection 14, 13 paragraph “m” . 14 Sec. 26. Section 321.264, Code 2018, is amended to read as 15 follows: 16 321.264 Striking unattended vehicle. 17 The driver of any vehicle which collides with any vehicle 18 which is unattended shall immediately stop and shall then and 19 there either locate and notify the operator or owner of such 20 vehicle of the name and address of the driver and owner of the 21 vehicle striking the unattended vehicle or shall leave in a 22 conspicuous place in the vehicle struck a written notice giving 23 the name and address of the driver and of the owner of the 24 vehicle doing the striking and a statement of the circumstances 25 thereof. A person who violates this section commits a simple 26 misdemeanor punishable as a scheduled violation under section 27 805.8A, subsection 14, paragraph “n” . 28 Sec. 27. Section 321.265, Code 2018, is amended to read as 29 follows: 30 321.265 Striking fixtures upon a highway. 31 The driver of a vehicle involved in an accident resulting 32 in damage to property legally upon or adjacent to a highway 33 shall take reasonable steps to locate and notify the owner, 34 a peace officer, or person in charge of the damaged property 35 -10- SF 2394 (2) 87 asf/jh/jh 10/ 34
S.F. 2394 of the damage and shall inform the person of the driver’s name 1 and address and the registration number of the vehicle causing 2 the damage and shall, upon request and if available, exhibit 3 the driver’s license of the driver of the vehicle and shall 4 report the accident when and as required in section 321.266 . A 5 person who violates this section commits a simple misdemeanor 6 punishable as a scheduled violation under section 805.8A, 7 subsection 14, paragraph “o” . 8 Sec. 28. Section 321.324A, Code 2018, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 4. A person who violates this section 11 commits a simple misdemeanor punishable as a scheduled 12 violation under section 805.8A, subsection 6, paragraph “s” . 13 Sec. 29. Section 321.371, subsection 2, Code 2018, is 14 amended to read as follows: 15 2. A person who violates this section commits a simple 16 misdemeanor punishable as a scheduled violation under section 17 805.8A, subsection 14, paragraph “q” . 18 Sec. 30. Section 321.383, subsection 4, Code 2018, is 19 amended to read as follows: 20 4. Any Except as provided in subsection 5, any person 21 who violates any provision of this section shall be fined 22 as provided in commits a simple misdemeanor punishable as a 23 scheduled violation under section 805.8A, subsection 3 . 24 Sec. 31. Section 321.383, Code 2018, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 5. A person who operates a self-propelled 27 implement of husbandry at a speed which exceeds the limit 28 of thirty-five miles per hour commits a simple misdemeanor 29 punishable as a scheduled violation under section 805.8A, 30 subsection 5. 31 Sec. 32. Section 321.431, subsection 6, Code 2018, is 32 amended to read as follows: 33 6. A person who violates this section commits a simple 34 misdemeanor punishable as a scheduled violation under section 35 -11- SF 2394 (2) 87 asf/jh/jh 11/ 34
S.F. 2394 805.8A, subsection 3, paragraph “ad” . 1 Sec. 33. Section 805.8A, Code 2018, is amended to read as 2 follows: 3 805.8A Motor vehicle and transportation scheduled violations. 4 1. Parking violations. 5 a. For parking violations under sections 321.236 , 321.239 , 6 321.358 , 321.360 , and 321.361 , the scheduled fine is five 7 dollars, except if the local authority has established the 8 fine by ordinance. The scheduled fine for a parking violation 9 pursuant to section 321.236 increases by five dollars if 10 authorized by ordinance and if the parking violation is not 11 paid within thirty days of the date upon which the violation 12 occurred. For purposes of calculating the unsecured appearance 13 bond required under section 805.6 , the scheduled fine shall 14 be five dollars, or if the amount of the fine is greater than 15 five dollars, the unsecured appearance bond shall be the amount 16 of the fine established by the local authority. However, 17 violations charged by a city or county upon simple notice of a 18 fine instead of a uniform citation and complaint required by 19 section 321.236, subsection 1 , paragraph “b” , are not scheduled 20 violations, and this section shall not apply to any offense 21 charged in that manner. For a parking violation under section 22 461A.38 , the scheduled fine is ten dollars. For a parking 23 violation under section 321.362 , the scheduled fine is twenty 24 dollars. 25 b. For a parking violation under section 321L.2A, subsection 26 2 , the scheduled fine is twenty dollars. 27 c. For violations under section 321L.2A, subsection 3 , 28 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 29 scheduled fine is two hundred dollars. 30 2. Title and registration violations. For title or 31 registration violations under the following sections, the 32 scheduled fine is as follows: 33 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 34 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . . . . . .$130. 35 -12- SF 2394 (2) 87 asf/jh/jh 12/ 34
S.F. 2394 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $130 . 1 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 2 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 3 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 4 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 5 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 6 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $130 . 7 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $130 . 8 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $130 . 9 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $130 . 10 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $130 . 11 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 12 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $130 . 13 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $130 . 14 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $130 . 15 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 16 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $255 . 17 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $130 . 18 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 40 . 19 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 40 . 20 3. Equipment violations. For equipment violations under the 21 following sections, the scheduled fine is as follows: 22 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 23 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $130 . 24 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 25 d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $130 . 26 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $130 . 27 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 28 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 40 . 29 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 30 i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 31 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 32 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 33 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 34 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 35 -13- SF 2394 (2) 87 asf/jh/jh 13/ 34
S.F. 2394 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 1 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 2 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 3 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 4 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 5 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 6 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 7 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 8 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 9 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 10 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 11 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 12 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 13 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 14 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 40 . 15 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $130 . 16 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . . . . . .$130. 17 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 25 . 18 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 40 . 19 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 25 . 20 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 65 . 21 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 25 . 22 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 25 . 23 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 25 . 24 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 25 . 25 al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 25 . 26 4. Driver’s license violations. For driver’s license 27 violations under the following sections, the scheduled fine is 28 as follows: 29 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 30 b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 31 c. Section 321.178, subsection 2 , 32 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 40 . 33 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 34 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 35 -14- SF 2394 (2) 87 asf/jh/jh 14/ 34
S.F. 2394 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 1 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 65 . 2 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 130 . 3 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 4 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 5 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 6 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 255 . 7 5. Speed violations. 8 a. For excessive speed violations in excess of the limit 9 under section 321.236, subsections 5 and 11 , sections section 10 321.285 , section 321.383, subsection 5, and section 461A.36 , 11 the scheduled fine shall be the following: 12 (1) Twenty Twenty-five dollars for speed not more than five 13 miles per hour in excess of the limit. 14 (2) Forty Fifty dollars for speed greater than five but not 15 more than ten miles per hour in excess of the limit. 16 (3) Eighty One hundred dollars for speed greater than ten 17 but not more than fifteen miles per hour in excess of the 18 limit. 19 (4) Ninety One hundred fifteen dollars for speed greater 20 than fifteen but not more than twenty miles per hour in excess 21 of the limit. 22 (5) One hundred thirty dollars plus five dollars for each 23 mile per hour of excessive speed over twenty miles per hour 24 over the limit. 25 b. Excessive speed in whatever amount by a school bus is 26 not a scheduled violation under any section listed in this 27 subsection . 28 c. Excessive speed in conjunction with a violation of 29 section 321.278 is not a scheduled violation, whatever the 30 amount of excess speed. 31 d. For a violation under section 321.295 , the scheduled fine 32 is fifty sixty-five dollars. 33 6. Operating violations. For operating violations under the 34 following sections, the scheduled fine is as follows: 35 -15- SF 2394 (2) 87 asf/jh/jh 15/ 34
S.F. 2394 a. Section 321.236, subsections 3, 4, 9, 1 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 25 . 2 b. Section 321.275, subsections 1 3 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 4 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 5 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $130 . 6 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $130 . 7 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $130 . 8 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $130 . 9 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $130 . 10 i. Section 321.304, subsections 1 11 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 12 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $130 . 13 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $130 . 14 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $130 . 15 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $130 . 16 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $130 . 17 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 18 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 19 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 45 . 20 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $130 . 21 s. Section 321.324A . . . . . . . . . . . . . . . . . . . . . . . .$130. 22 s. t. Section 321.340 . . . . . . . . . . . . . . . . . $100 $130 . 23 t. u. Section 321.353 . . . . . . . . . . . . . . . . . $100 $130 . 24 u. v. Section 321.354 . . . . . . . . . . . . . . . . . $100 $130 . 25 v. w. Section 321.363 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 26 w. x. Section 321.365 . . . . . . . . . . . . . . . . . $ 35 $ 45 . 27 x. y. Section 321.366 . . . . . . . . . . . . . . . . . $100 $130 . 28 y. z. Section 321.395 . . . . . . . . . . . . . . . . . $100 $130 . 29 7. Failure to yield or obey violations. For failure to yield 30 or obey violations under the following sections, the scheduled 31 fine is as follows: 32 a. Section 321.257, subsection 2 , for 33 a violation by an operator of a motor 34 vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $130 . 35 -16- SF 2394 (2) 87 asf/jh/jh 16/ 34
S.F. 2394 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $130 . 1 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $130 . 2 d. Section 321.308 . . . . . . . . . . . . . . . . . . . . $100 $130 . 3 e. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $130 . 4 f. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $130 . 5 g. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $130 . 6 h. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $130 . 7 i. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $130 . 8 j. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $130 . 9 k. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $130 . 10 8. Traffic sign or signal violations. For traffic sign or 11 signal violations under the following sections, the scheduled 12 fine is as follows: 13 a. Section 321.236, subsections 2 and 6 $ 35 $ 45 . 14 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $130 . 15 c. Section 321.260, subsection 2 . . . . . . . . . . .$130. 16 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $130 . 17 d. e. Section 321.304, subsection 3 . . . $100 $130 . 18 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $130 . 19 9. Bicycle or pedestrian violations. For bicycle or 20 pedestrian violations under the following sections, the 21 scheduled fine for a pedestrian or bicyclist is as follows: 22 a. Section 321.234, subsections 3 and 4 $ 25 $ 30 . 23 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 20 . 24 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 30 . 25 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 30 . 26 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 27 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 28 g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 29 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 30 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 31 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 32 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 30 . 33 9A. Electric personal assistive mobility device 34 violations. For violations under section 321.235A , the 35 -17- SF 2394 (2) 87 asf/jh/jh 17/ 34
S.F. 2394 scheduled fine is fifteen twenty dollars. 1 10. School bus violations. For violations by an operator of 2 a school bus under sections 321.285 and 321.372, subsections 3 1 and 2 , the scheduled fine is one hundred thirty dollars. 4 However, an excessive speed violation by a school bus of 5 more than ten miles per hour in excess of the limit is not a 6 scheduled violation. 7 11. a. Emergency vehicle and equipment-related 8 violations. For emergency vehicle violations relating to 9 authorized emergency vehicles, fire apparatus and equipment, 10 and police bicycles under the following sections, the scheduled 11 fine is as follows: 12 a. (1) Section 321.231 . . . . . . . . . . . . . . . . $100 $130 . 13 b. (2) Section 321.323A , subsection 1 . $100 $130 . 14 c. (3) Section 321.324 . . . . . . . . . . . . . . . . $100 $130 . 15 d. (4) Section 321.367 . . . . . . . . . . . . . . . . $100 $130 . 16 e. (5) Section 321.368 . . . . . . . . . . . . . . . . $100 $130 . 17 b. Violations relating to stationary nonemergency 18 vehicles. For violations relating to the approach of certain 19 stationary nonemergency vehicles under section 321.323A, 20 subsections 2 and 2A, the scheduled fine is one hundred thirty 21 dollars. 22 12. Restrictions on vehicles. 23 a. For violations under sections 321.309 , 321.310 , 321.394 , 24 321.461 , and 321.462 , the scheduled fine is thirty-five 25 forty-five dollars. 26 b. For violations under section 321.437 , the scheduled fine 27 is thirty-five forty-five dollars. 28 c. For height, length, width, and load violations under 29 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 30 scheduled fine is two hundred fifty-five dollars. 31 d. For violations under section 321.466 , the scheduled fine 32 is twenty twenty-five dollars for each two thousand pounds or 33 fraction thereof of overweight. 34 e. (1) Violations of the schedule of axle and tandem axle 35 -18- SF 2394 (2) 87 asf/jh/jh 18/ 34
S.F. 2394 and gross or group of axle weight violations in section 321.463 1 shall be scheduled violations subject to the provisions, 2 procedures, and exceptions contained in sections 805.6 through 3 805.11 , irrespective of the amount of the fine under that 4 schedule. 5 (a) Violations of the schedule of weight violations shall be 6 chargeable, where the fine charged does not exceed one thousand 7 dollars, only by uniform citation and complaint. 8 (b) Violations of the schedule of weight violations, where 9 the fine charged exceeds one thousand dollars shall, when the 10 violation is admitted and section 805.9 applies, be chargeable 11 upon uniform citation and complaint, indictment, or county 12 attorney’s information, but otherwise shall be chargeable only 13 upon indictment or county attorney’s information. 14 (2) In all cases of charges under the schedule of weight 15 violations, the charge shall specify the amount of fine charged 16 under the schedule. Where a defendant is convicted and the 17 fine under the foregoing schedule of weight violations exceeds 18 one thousand dollars, the conviction shall be of an indictable 19 offense although section 805.9 is employed and whether the 20 violation is charged upon uniform citation and complaint, 21 indictment, or county attorney’s information. 22 f. For a violation under section 321E.16 , other than the 23 provisions relating to weight, the scheduled fine is two 24 hundred fifty-five dollars. 25 13. Motor carrier and other operator violations. 26 a. (1) For a violation under section 321.54 , the scheduled 27 fine is thirty forty dollars. 28 (2) For violations under sections 326.22 and 326.23 , the 29 scheduled fine is fifty sixty-five dollars. 30 b. For a violation under section 321.449 , or 321.449A , or 31 321.449B, the scheduled fine is fifty sixty-five dollars. 32 c. For violations under sections 321.364 , 321.450 , 321.460 , 33 and 452A.52 , the scheduled fine is two hundred fifty-five 34 dollars. 35 -19- SF 2394 (2) 87 asf/jh/jh 19/ 34
S.F. 2394 d. For violations of section 325A.3, subsection 5 , or 1 section 325A.8 , the scheduled fine is one hundred thirty 2 dollars. 3 e. For violations of chapter 325A , other than a violation of 4 section 325A.3, subsection 5 , or section 325A.8 , the scheduled 5 fine is two three hundred fifty twenty dollars. 6 f. For violations of section 327B.1, subsection 1 or 3 , the 7 scheduled fine is two three hundred fifty twenty dollars. 8 14. Miscellaneous violations. 9 a. Failure to obey a peace officer. For a violation under 10 section 321.229 , the scheduled fine is one hundred thirty 11 dollars. 12 b. Abandoning a motor vehicle. For a violation under 13 section 321.91 , the scheduled fine is two hundred fifty-five 14 dollars. 15 c. Seat belt or restraint violations. 16 (1) For a violation under section 321.445 , the scheduled 17 fine is fifty sixty-five dollars. 18 (2) For a violation under section 321.446 , the scheduled 19 fine is one hundred thirty dollars. 20 d. Litter and debris violations. For violations under 21 sections 321.369 and 321.370 , the scheduled fine is seventy 22 ninety dollars. 23 e. Open container violations. For violations under sections 24 321.284 and 321.284A , the scheduled fine is two hundred 25 fifty-five dollars. 26 f. Proof of financial responsibility. If, in connection with 27 a motor vehicle accident, a person is charged and found guilty 28 of a violation of section 321.20B, subsection 1 , the scheduled 29 fine is five six hundred forty dollars; otherwise, the 30 scheduled fine for a violation of section 321.20B, subsection 31 1 , is two three hundred fifty twenty dollars. Notwithstanding 32 section 805.12 , fines collected pursuant to this paragraph 33 shall be submitted to the state court administrator and 34 distributed fifty percent to the victim compensation fund 35 -20- SF 2394 (2) 87 asf/jh/jh 20/ 34
S.F. 2394 established in section 915.94 , twenty-five percent to the 1 county in which such fine is imposed, and twenty-five percent 2 to the general fund of the state. 3 g. Speed detection jamming devices. For a violation under 4 section 321.232 , the scheduled fine is one hundred thirty 5 dollars. 6 h. Railroad crossing violations. For violations under 7 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 8 the scheduled fine is two hundred fifty-five dollars. 9 i. Road work zone violations. The scheduled fine for any 10 moving traffic violation under chapter 321 , as provided in 11 this section , shall be doubled if the violation occurs within 12 any road work zone, as defined in section 321.1 . However, 13 notwithstanding subsection 5 , the scheduled fine for violating 14 the speed limit in a road work zone is as follows: 15 (1) One hundred fifty ninety dollars for speed not more than 16 ten miles per hour over the posted speed limit. 17 (2) Three hundred eighty-five dollars for speed greater 18 than ten but not more than twenty miles per hour over the 19 posted speed limit. 20 (3) Five Six hundred forty dollars for speed greater than 21 twenty but not more than twenty-five miles per hour over the 22 posted speed limit. 23 (4) One thousand two hundred eighty dollars for speed 24 greater than twenty-five miles per hour over the posted speed 25 limit. 26 j. Vehicle component parts records violations. For 27 violations under section 321.95 , the scheduled fine is fifty 28 sixty-five dollars. 29 k. Actions against a person on a bicycle. For violations 30 under section 321.281 , the scheduled fine is two three hundred 31 fifty twenty dollars. 32 l. Writing, sending, or viewing an electronic message while 33 driving violations. For violations under section 321.276 , the 34 scheduled fine is thirty forty dollars. 35 -21- SF 2394 (2) 87 asf/jh/jh 21/ 34
S.F. 2394 m. Leaving scene of traffic accident. For violations under 1 section 321.262, the scheduled fine is one hundred thirty 2 dollars. 3 n. Striking unattended vehicle. For violations under 4 section 321.264, the scheduled fine is one hundred thirty 5 dollars. 6 o. Striking fixtures upon highway. For violations under 7 section 321.265, the scheduled fine is one hundred thirty 8 dollars. 9 p. Clearing up wrecks. For violations under section 10 321.371, the scheduled fine is thirty dollars. 11 Sec. 34. Section 805.8B, Code 2018, is amended to read as 12 follows: 13 805.8B Navigation, recreation, hunting, and fishing scheduled 14 violations. 15 1. Navigation violations. 16 a. For violations of registration, inspections, 17 identification, and record provisions under sections 462A.5 , 18 462A.35 , and 462A.37 , and for unused or improper or defective 19 lights and warning devices under section 462A.9, subsections 3, 20 4, 5, 9, and 10 , the scheduled fine is ten fifteen dollars. 21 b. For violations of registration, identification, and 22 record provisions under sections 462A.4 and 462A.10 , and for 23 unused or improper or defective equipment under section 462A.9, 24 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 25 for operation violations under sections 462A.26 , 462A.31 , and 26 462A.33 , the scheduled fine is twenty twenty-five dollars. 27 c. For operating violations under sections 462A.12 , 462A.15, 28 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 29 is twenty-five thirty dollars. However, a violation of section 30 462A.12, subsection 2 , is not a scheduled violation. 31 d. For violations of use, location, and storage of vessels, 32 devices, and structures under sections 462A.27 , 462A.28 , and 33 462A.32 , the scheduled fine is fifteen twenty dollars. 34 e. For violations of all subdivision ordinances under 35 -22- SF 2394 (2) 87 asf/jh/jh 22/ 34
S.F. 2394 section 462A.17, subsection 2 , except those relating to 1 matters subject to regulation by authority of section 462A.31, 2 subsection 5 , the scheduled fine is the same as prescribed for 3 similar violations of state law. For violations of subdivision 4 ordinances for which there is no comparable state law, the 5 scheduled fine is ten fifteen dollars. 6 2. Snowmobile violations. 7 a. For registration or user permit violations under section 8 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 9 fifty sixty-five dollars. 10 b. (1) For operating violations under section 321G.9 , the 11 scheduled fine is fifty sixty-five dollars. 12 (2) For operating violations under sections 321G.11 and 13 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 14 twenty twenty-five dollars. 15 (3) For operating violations under section 321G.13, 16 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 17 and section 321G.13, subsections 2 and 3 , the scheduled fine 18 is one hundred thirty dollars. 19 c. For improper or defective equipment under section 20 321G.12 , the scheduled fine is twenty twenty-five dollars. 21 d. For violations of section 321G.19 , the scheduled fine is 22 twenty twenty-five dollars. 23 e. For decal violations under section 321G.5 , the scheduled 24 fine is twenty twenty-five dollars. 25 f. For stop signal violations under section 321G.17 , the 26 scheduled fine is one hundred thirty dollars. 27 g. For violations of section 321G.20 and for education 28 certificate violations under section 321G.24, subsection 1 , the 29 scheduled fine is fifty sixty-five dollars. 30 h. For violations of section 321G.21 , the scheduled fine is 31 one hundred thirty dollars. 32 2A. All-terrain vehicle violations. 33 a. For registration or user permit violations under section 34 321I.3, subsection 1 , the scheduled fine is fifty sixty-five 35 -23- SF 2394 (2) 87 asf/jh/jh 23/ 34
S.F. 2394 dollars. 1 b. (1) For operating violations under sections 321I.12 and 2 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 3 twenty twenty-five dollars. 4 (2) For operating violations under section 321I.10, 5 subsections 1 and 4 , the scheduled fine is fifty sixty-five 6 dollars. 7 (3) For operating violations under section 321I.14, 8 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 9 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 10 is one hundred thirty dollars. 11 c. For improper or defective equipment under section 12 321I.13 , the scheduled fine is twenty twenty-five dollars. 13 d. For violations of section 321I.20 , the scheduled fine is 14 twenty twenty-five dollars. 15 e. For decal violations under section 321I.6 , the scheduled 16 fine is twenty twenty-five dollars. 17 f. For stop signal violations under section 321I.18 , the 18 scheduled fine is one hundred thirty dollars. 19 g. For violations of section 321I.21 and for education 20 certificate violations under section 321I.26, subsection 1 , the 21 scheduled fine is fifty sixty-five dollars. 22 h. For violations of section 321I.22 , the scheduled fine is 23 one hundred thirty dollars. 24 3. Hunting and fishing violations. 25 a. For violations of section 484A.2 , the scheduled fine is 26 ten fifteen dollars. 27 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 28 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 29 483A.27A , the scheduled fine is twenty twenty-five dollars. 30 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 31 481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 32 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 33 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 34 scheduled fine is twenty-five thirty dollars. 35 -24- SF 2394 (2) 87 asf/jh/jh 24/ 34
S.F. 2394 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 1 481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 2 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 3 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 4 scheduled fine is fifty sixty-five dollars. 5 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 6 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 7 483A.42 , the scheduled fine is one hundred thirty dollars. 8 f. For violations of section 481A.38 relating to the taking, 9 pursuing, killing, trapping or ensnaring, buying, selling, 10 possessing, or transporting any game, protected nongame 11 animals, fur-bearing animals, or fur or skin of the animals, 12 mussels, frogs, or fish or part of them, the scheduled fines 13 are as follows: 14 (1) For deer or turkey, the scheduled fine is one hundred 15 thirty dollars. 16 (2) For protected nongame, the scheduled fine is one hundred 17 thirty dollars. 18 (3) For mussels, frogs, spawn, or fish, the scheduled fine 19 is twenty-five thirty dollars. 20 (4) For other game, the scheduled fine is fifty sixty-five 21 dollars. 22 (5) For fur-bearing animals, the scheduled fine is 23 seventy-five ninety-five dollars. 24 g. For violations of section 481A.38 relating to an attempt 25 to take, pursue, kill, trap, buy, sell, possess, or transport 26 any game, protected nongame animals, fur-bearing animals, or 27 fur or skin of the animals, mussels, frogs, or fish or part of 28 them, the scheduled fines are as follows: 29 (1) For game or fur-bearing animals, the scheduled fine is 30 fifty sixty-five dollars. 31 (2) For protected nongame, the scheduled fine is fifty 32 sixty-five dollars. 33 (3) For mussels, frogs, spawn, or fish, the scheduled fine 34 is ten fifteen dollars. 35 -25- SF 2394 (2) 87 asf/jh/jh 25/ 34
S.F. 2394 h. For violations of section 481A.48 relating to 1 restrictions on game birds and animals, the scheduled fines are 2 as follows: 3 (1) Out-of-season, the scheduled fine is one hundred thirty 4 dollars. 5 (2) Over limit, the scheduled fine is one hundred thirty 6 dollars. 7 (3) Attempt to take, the scheduled fine is fifty sixty-five 8 dollars. 9 (4) General waterfowl restrictions, the scheduled fine is 10 fifty sixty-five dollars. 11 (a) No federal stamp, the scheduled fine is fifty sixty-five 12 dollars. 13 (b) Unplugged shotgun, the scheduled fine is ten fifteen 14 dollars. 15 (c) Possession of other than steel shot, the scheduled fine 16 is twenty-five thirty dollars. 17 (d) Early or late shooting, the scheduled fine is 18 twenty-five thirty dollars. 19 (5) Possession of a prohibited pistol or revolver while 20 hunting deer, the scheduled fine is one hundred thirty dollars. 21 (6) Possession of a prohibited rifle while hunting deer, the 22 scheduled fine is two three hundred fifty twenty dollars. 23 i. For violations of section 481A.67 relating to general 24 violations of fishing laws, the scheduled fine is twenty-five 25 thirty dollars. 26 (1) For over limit catch, the scheduled fine is thirty forty 27 dollars. 28 (2) For under minimum length or weight, the scheduled fine 29 is twenty twenty-five dollars. 30 (3) For out-of-season fishing, the scheduled fine is fifty 31 sixty-five dollars. 32 j. For violations of section 481A.73 relating to trotlines 33 and throwlines: 34 (1) For trotline or throwline violations in legal waters, 35 -26- SF 2394 (2) 87 asf/jh/jh 26/ 34
S.F. 2394 the scheduled fine is twenty-five thirty dollars. 1 (2) For trotline or throwline violations in illegal waters, 2 the scheduled fine is fifty sixty-five dollars. 3 k. For violations of section 481A.144, subsection 4 , or 4 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 5 (1) For general minnow violations, the scheduled fine is 6 twenty-five thirty dollars. 7 (2) For commercial purposes, the scheduled fine is fifty 8 sixty-five dollars. 9 l. For violations of section 481A.87 relating to the taking 10 or possessing of fur-bearing animals out of season: 11 (1) For red fox, gray fox, or mink, the scheduled fine is 12 one hundred thirty dollars. 13 (2) For all other furbearers, the scheduled fine is fifty 14 sixty-five dollars. 15 m. For violations of section 482.4 relating to gear tags: 16 (1) For commercial license violations, the scheduled fine 17 is one hundred thirty dollars. 18 (2) For no gear tags, the scheduled fine is twenty-five 19 thirty dollars. 20 n. For violations of section 482.11 , the scheduled fine is 21 one hundred thirty dollars. 22 o. For violations of section 483A.1 relating to licenses and 23 permits, the scheduled fines are as follows: 24 (1) For a license or permit costing ten dollars or less, the 25 scheduled fine is twenty twenty-five dollars. 26 (2) For a license or permit costing more than ten dollars 27 but not more than twenty dollars, the scheduled fine is thirty 28 forty dollars. 29 (3) For a license or permit costing more than twenty dollars 30 but not more than forty dollars, the scheduled fine is fifty 31 sixty-five dollars. 32 (4) For a license or permit costing more than forty dollars 33 but not more than fifty dollars, the scheduled fine is seventy 34 ninety dollars. 35 -27- SF 2394 (2) 87 asf/jh/jh 27/ 34
S.F. 2394 (5) For a license or permit costing more than fifty dollars 1 but less than one hundred dollars, the scheduled fine is one 2 hundred thirty dollars. 3 (6) For a license or permit costing one hundred dollars or 4 more, the scheduled fine is two times the cost of the original 5 license or permit. 6 p. For violations of section 483A.26 relating to false 7 claims for licenses: 8 (1) For making a false claim for a license by a resident, 9 the scheduled fine is fifty sixty-five dollars. 10 (2) For making a false claim for a license by a nonresident, 11 the scheduled fine is one hundred thirty dollars. 12 q. For violations of section 483A.36 relating to the 13 conveyance of guns: 14 (1) For conveying an assembled, unloaded gun, the scheduled 15 fine is twenty-five thirty dollars. 16 (2) For conveying a loaded gun, the scheduled fine is fifty 17 sixty-five dollars. 18 4. Ginseng violations. For a violation of section 456A.24, 19 subsection 11 , the scheduled fine is one hundred thirty 20 dollars. 21 5. Aquatic invasive species violations. For violations 22 of section 456A.37, subsection 3 , the scheduled fine is as 23 follows: 24 a. For violations of section 456A.37, subsection 3 , 25 paragraph “a” , the scheduled fine is five six hundred forty 26 dollars. 27 b. For violations of section 456A.37, subsection 3 , 28 paragraph “b” , the scheduled fine is seventy-five ninety-five 29 dollars. 30 c. For repeat violations of section 456A.37, subsection 3 , 31 paragraph “a” or “b” , within the same twelve-month period, the 32 scheduled fine shall include an additional fine of five six 33 hundred forty dollars for each violation. 34 6. Misuse of parks and preserves. 35 -28- SF 2394 (2) 87 asf/jh/jh 28/ 34
S.F. 2394 a. For violations under sections 461A.39 , 461A.45 , and 1 461A.50 , the scheduled fine is ten fifteen dollars. 2 b. For violations under sections 461A.40 , 461A.46 , and 3 461A.49 , the scheduled fine is fifteen twenty dollars. 4 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 5 the scheduled fine is fifty sixty-five dollars. 6 d. For violations of section 461A.48 , the scheduled fine is 7 twenty-five thirty dollars. 8 e. For violations under section 461A.43 , the scheduled fine 9 is thirty forty dollars. 10 Sec. 35. Section 805.8C, Code 2018, is amended to read as 11 follows: 12 805.8C Miscellaneous scheduled violations. 13 1. Energy emergency violations. For violations of an 14 executive order issued by the governor under the provisions of 15 section 473.8 , the scheduled fine is fifty sixty-five dollars. 16 2. Alcoholic beverage violations. For violations of section 17 123.49, subsection 2 , paragraph “h” , the scheduled fine for a 18 licensee or permittee is one thousand five nine hundred twenty 19 dollars, and the scheduled fine for a person who is employed by 20 a licensee or permittee is five six hundred forty dollars. 21 3. Violations related to smoking, tobacco, tobacco products, 22 alternative nicotine products, vapor products, and cigarettes. 23 a. For violations described in section 142D.9, subsection 1 , 24 the scheduled fine is fifty dollars, and is a civil penalty, 25 and the criminal penalty crime services surcharge under section 26 911.1 shall not be added to the penalty, and the court costs 27 pursuant to section 805.9, subsection 6 , shall not be imposed. 28 If the civil penalty assessed for a violation described in 29 section 142D.9, subsection 1 , is not paid in a timely manner, 30 a citation shall be issued for the violation in the manner 31 provided in section 804.1 . However, a person under age 32 eighteen shall not be detained in a secure facility for failure 33 to pay the civil penalty. The complainant shall not be charged 34 a filing fee. 35 -29- SF 2394 (2) 87 asf/jh/jh 29/ 34
S.F. 2394 b. For violations of section 453A.2, subsection 1 , by an 1 employee of a retailer, the scheduled fine is as follows: 2 (1) If the violation is a first offense, the scheduled fine 3 is one hundred thirty dollars. 4 (2) If the violation is a second offense, the scheduled fine 5 is two three hundred fifty twenty dollars. 6 (3) If the violation is a third or subsequent offense, the 7 scheduled fine is five six hundred forty dollars. 8 c. For violations of section 453A.2, subsection 2 , the 9 scheduled fine is as follows and is a civil penalty, and the 10 criminal penalty crime services surcharge under section 911.1 11 shall not be added to the penalty, and the court costs pursuant 12 to section 805.9, subsection 6 , shall not be imposed: 13 (1) If the violation is a first offense, the scheduled fine 14 is fifty dollars. 15 (2) If the violation is a second offense, the scheduled fine 16 is one hundred dollars. 17 (3) If the violation is a third or subsequent offense, the 18 scheduled fine is two hundred fifty dollars. 19 4. Electrical or mechanical amusement device violations. 20 a. For violations of legal age for operating an electrical 21 or mechanical amusement device required to be registered 22 as provided in section 99B.53 , pursuant to section 99B.57, 23 subsection 1 , the scheduled fine is two three hundred fifty 24 twenty dollars. Failure to pay the fine by a person under the 25 age of eighteen shall not result in the person being detained 26 in a secure facility. 27 b. For first offense violations concerning electrical or 28 mechanical amusement devices as provided in section 99B.54, 29 subsection 2 , the scheduled fine is two three hundred fifty 30 twenty dollars. 31 5. Gambling violations. 32 a. For violations of legal age for gambling wagering under 33 section 99D.11, subsection 7 , section 99F.9, subsection 4 , and 34 section 725.19, subsection 1 , the scheduled fine is five six 35 -30- SF 2394 (2) 87 asf/jh/jh 30/ 34
S.F. 2394 hundred forty dollars. Failure to pay the fine by a person 1 under the age of eighteen shall not result in the person being 2 detained in a secure facility. 3 b. For legal age violations for entering or attempting 4 to enter a facility under section 99F.9, subsection 5 , the 5 scheduled fine is five six hundred forty dollars. Failure to 6 pay the fine by a person under the age of eighteen shall not 7 result in the person being detained in a secure facility. 8 6. Pseudoephedrine sales violations. For violations of 9 section 126.23A, subsection 1 , by an employee of a retailer, or 10 for violations of section 126.23A, subsection 2 , paragraph “a” , 11 by a purchaser, the scheduled fine is as follows: 12 a. If the violation is a first offense, the scheduled fine 13 is two hundred fifty-five dollars. 14 b. If the violation is a second offense, the scheduled fine 15 is two three hundred fifty twenty dollars. 16 c. If the violation is a third or subsequent offense, the 17 scheduled fine is five six hundred forty dollars. 18 7. Alcoholic beverage violations by persons eighteen, 19 nineteen, or twenty years of age. For first offense violations 20 of section 123.47, subsection 4 , the scheduled fine is two 21 hundred fifty-five dollars. 22 8. Unlicensed premises owner —— under eighteen years of age 23 consumption or possession. For first offense violations of 24 section 123.47, subsection 2 , the scheduled fine is two hundred 25 fifty-five dollars. 26 9. Notification violations. For violations of section 27 229.22, subsection 6 , the scheduled fine is one thousand 28 dollars for a first violation and two thousand dollars for a 29 second or subsequent violation. The scheduled fine under this 30 subsection is a civil penalty, and the criminal penalty crime 31 services surcharge under section 911.1 shall not be added to 32 the penalty. 33 10. Scrap metal transaction violations. For violations 34 of section 714.27 , the scheduled fine is one hundred dollars 35 -31- SF 2394 (2) 87 asf/jh/jh 31/ 34
S.F. 2394 for a first violation, five hundred dollars for a second 1 violation within two years, and one thousand dollars for a 2 third or subsequent violation within two years. The scheduled 3 fine under this subsection is a civil penalty which shall 4 be deposited into the general fund of the county or city if 5 imposed by a designated officer or employee of a county or 6 city, or deposited in the general fund of the state if imposed 7 by a state agency, and the criminal penalty crime services 8 surcharge under section 911.1 shall not be added to the 9 penalty. 10 11. Trespassing violations. For trespasses punishable under 11 section 716.8, subsection 1 or 5 , the scheduled fine is two 12 hundred fifty-five dollars for a first violation, five six 13 hundred forty dollars for a second violation, and one thousand 14 two hundred eighty dollars for a third or subsequent violation. 15 DIVISION V 16 MISDEMEANOR AND FELONY FINES 17 Sec. 36. Section 902.9, subsection 1, paragraphs d and e, 18 Code 2018, are amended to read as follows: 19 d. A class “C” felon, not an habitual offender, shall be 20 confined for no more than ten years, and in addition shall be 21 sentenced to a fine of at least one thousand three hundred 22 seventy dollars but not more than ten thirteen thousand six 23 hundred sixty dollars. 24 e. A class “D” felon, not an habitual offender, shall be 25 confined for no more than five years, and in addition shall 26 be sentenced to a fine of at least seven hundred fifty one 27 thousand twenty-five dollars but not more than seven ten 28 thousand five two hundred forty-five dollars. 29 Sec. 37. Section 903.1, subsections 1 and 2, Code 2018, are 30 amended to read as follows: 31 1. If a person eighteen years of age or older is convicted 32 of a simple or serious misdemeanor and a specific penalty is 33 not provided for or if a person under eighteen years of age 34 has been waived to adult court pursuant to section 232.45 on 35 -32- SF 2394 (2) 87 asf/jh/jh 32/ 34
S.F. 2394 a felony charge and is subsequently convicted of a simple, 1 serious, or aggravated misdemeanor, the court shall determine 2 the sentence, and shall fix the period of confinement or the 3 amount of fine, which fine shall not be suspended by the court, 4 within the following limits: 5 a. For a simple misdemeanor, there shall be a fine of at 6 least sixty-five ninety dollars but not to exceed six eight 7 hundred twenty-five fifty-five dollars. The court may order 8 imprisonment not to exceed thirty days in lieu of a fine or in 9 addition to a fine. 10 b. For a serious misdemeanor, there shall be a fine of at 11 least three four hundred fifteen thirty dollars but not to 12 exceed one two thousand eight five hundred seventy-five sixty 13 dollars. In addition, the court may also order imprisonment 14 not to exceed one year. 15 2. When a person is convicted of an aggravated misdemeanor, 16 and a specific penalty is not provided for, the maximum penalty 17 shall be imprisonment not to exceed two years. There shall be 18 a fine of at least six eight hundred twenty-five fifty-five 19 dollars but not to exceed six eight thousand two five hundred 20 fifty forty dollars. When a judgment of conviction of an 21 aggravated misdemeanor is entered against any person and the 22 court imposes a sentence of confinement for a period of more 23 than one year the term shall be an indeterminate term. 24 DIVISION VI 25 CRIMINALISTICS LABORATORY FUND 26 Sec. 38. Section 691.9, Code 2018, is amended to read as 27 follows: 28 691.9 Criminalistics laboratory fund. 29 A criminalistics laboratory fund is created as a separate 30 fund in the state treasury under the control of the department 31 of public safety. The fund shall consist of appropriations 32 made to the fund and transfers of interest, moneys collected 33 from the crime services surcharge established in section 911.1, 34 and earnings. All moneys in the fund are appropriated to 35 -33- SF 2394 (2) 87 asf/jh/jh 33/ 34
S.F. 2394 the department of public safety for use by the department in 1 criminalistics laboratory equipment and supply purchasing, 2 maintenance, depreciation, the department of administrative 3 services utility service fee for the criminalistics laboratory 4 facility in Ankeny, and training. Any balance in the fund on 5 June 30 of any fiscal year shall not revert to any other fund of 6 the state but shall remain available for the purposes described 7 in this section . 8 -34- SF 2394 (2) 87 asf/jh/jh 34/ 34