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Senate Study Bill 1059 - IntroducedA Bill ForAn Act 1relating to surcharges added to criminal penalties,
2court funds, civil fees, misdemeanor and felony fines, and
3fines associated with scheduled violations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2surcharges added to criminal penalties
3 Section 1. Section 331.302, subsection 2, Code 2019, is
4amended to read as follows:
52. For a violation of an ordinance a county shall not
6provide a penalty in excess of the maximum fine and term of
7imprisonment for a simple misdemeanor under section 903.1,
8subsection 1, paragraph “a”. The criminal penalty crime
9services surcharge required by section 911.1 shall be added to
10a county fine and is not a part of the county’s penalty.
11 Sec. 2. Section 364.3, subsection 2, Code 2019, is amended
12to read as follows:
132. For a violation of an ordinance a city shall not
14provide a penalty in excess of the maximum fine and term of
15imprisonment for a simple misdemeanor under section 903.1,
16subsection 1, paragraph “a”. An amount equal to ten percent of
17all fines collected by cities shall be deposited in the account
18established in section 602.8108. However, one hundred percent
19of all fines collected by a city pursuant to section 321.236,
20subsection 1, shall be retained by the city. The criminal
21penalty crime services surcharge required by section 911.1
22shall be added to a city fine and is not a part of the city’s
23penalty.
24 Sec. 3. Section 602.8102, subsection 135A, Code 2019, is
25amended to read as follows:
26135A. Assess the surcharges provided by sections 911.1,
27911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
28 Sec. 4. Section 602.8107, subsection 2, paragraph c,
29subparagraph (2), Code 2019, is amended to read as follows:
30(2) Fines or penalties and criminal penalty and law
31enforcement initiative surcharges the crime services surcharge.
32 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code
332019, is amended to read as follows:
34a. This subsection does not apply to amounts collected for
35victim restitution, the victim compensation fund, the criminal
-1-1penalty crime services surcharge, sex offender civil penalty,
2drug abuse resistance education surcharge, the law enforcement
3initiative surcharge, county enforcement surcharge, amounts
4collected as a result of procedures initiated under subsection
55 or under section 8A.504, or fees charged pursuant to section
6356.7.
7 Sec. 6. Section 602.8108, subsections 3, 4, 5, and 7, Code
82019, are amended to read as follows:
93. The clerk of the district court shall remit to the state
10court administrator, not later than the fifteenth day of each
11month, ninety-five eighty-five percent of all moneys collected
12from the criminal penalty crime services surcharge provided in
13section 911.1 during the preceding calendar month. The clerk
14shall remit the remainder to the county treasurer of the county
15that was the plaintiff in the action or to the city that was
16the plaintiff in the action. Of the amount received from the
17clerk, the state court administrator shall allocate seventeen
18 and deposit each month fifty-nine percent to be deposited in
19the victim compensation fund established in section 915.94,
20and eighty-three percent to be deposited in the general fund
21 thirty-eight percent in the criminalistics laboratory fund
22established in section 691.9, and three percent in the drug
23abuse resistance education fund established in section 80E.4.
244. The clerk of the district court shall remit all moneys
25collected from the drug abuse resistance education surcharge
26provided in section 911.2 to the state court administrator
27for deposit in the general fund of the state and the amount
28deposited is appropriated to the governor’s office of drug
29control policy for use by the drug abuse resistance education
30program and other programs directed for a similar purpose.
315. The clerk of the district court shall remit all
32moneys collected from the assessment of the law enforcement
33initiative surcharge provided in section 911.3 to the state
34court administrator no later than the fifteenth day of each
35month for deposit in the general fund of the state. The clerk
-2-1of the district court shall remit all moneys collected from
2the agricultural property offense surcharge as provided in
3section 911.5 to the state court administrator. The moneys are
4appropriated to the judicial branch for purposes of supporting
5judicial branch operations.
67. The clerk of the district court shall remit all moneys
7collected from the assessment of the surcharges provided in
8sections 911.2B and 911.2C to the state court administrator for
9deposit in the address confidentiality program revolving fund
10created in section 9.8.
11 Sec. 7. Section 805.8, subsection 1, Code 2019, is amended
12to read as follows:
131. Application. Except as otherwise indicated, violations
14of sections of the Code specified in sections 805.8A, 805.8B,
15and 805.8C are scheduled violations, and the scheduled fine
16for each of those violations is as provided in those sections,
17whether the violation is of state law or of a county or city
18ordinance. The criminal penalty crime services surcharge
19required by section 911.1 and the county enforcement surcharge
20required by section 911.4, if applicable, shall be added to the
21scheduled fine.
22 Sec. 8. Section 902.9, subsection 2, Code 2019, is amended
23to read as follows:
242. The surcharges required by sections 911.1, 911.2,
25 911.2A, and 911.3 911.5 shall be added to a fine imposed on a
26class “C” or class “D” felon, as provided by those sections,
27and are not a part of or subject to the maximums set in this
28section.
29 Sec. 9. Section 903.1, subsection 4, Code 2019, is amended
30to read as follows:
314. The surcharges required by sections 911.1, 911.2,
32 911.2A, 911.3, and 911.4, and 911.5 shall be added to a fine
33imposed on a misdemeanant as provided in those sections,
34and are not a part of or subject to the maximums set in this
35section.
-3-1 Sec. 10. Section 911.1, Code 2019, is amended to read as
2follows:
3911.1 Criminal penalty Crime services surcharge.
41. A criminal penalty crime services surcharge shall be
5levied against law violators as provided in this section.
6When a court imposes a fine or forfeiture for a violation of
7state law, or a city or county ordinance, except an ordinance
8regulating the parking of motor vehicles, the court or the
9clerk of the district court shall assess an additional penalty
10in the form of a criminal penalty crime services surcharge
11equal to thirty-five ten percent of the fine or forfeiture
12imposed.
132. In the event of multiple offenses, the surcharge shall
14be based upon the total amount of fines or forfeitures imposed
15for all offenses.
163. When a fine or forfeiture is suspended in whole or in
17part, the court shall reduce the surcharge in proportion to the
18amount suspended.
194. The surcharge is subject to the provisions of chapter
20909 governing the payment and collection of fines, as provided
21in section 909.8.
225. The surcharge shall be remitted by the clerk of court as
23provided in section 602.8108, subsection 3.
24 Sec. 11. Section 911.2A, subsection 1, Code 2019, is amended
25to read as follows:
261. In addition to any other surcharge, the court or clerk
27of the district court shall assess a human trafficking victim
28surcharge of one thousand dollars if an adjudication of
29guilt or a deferred judgment has been entered for a criminal
30violation of section 725.1, subsection 2, or section 710A.2,
31725.2, or 725.3.
32 Sec. 12. Section 911.2B, Code 2019, is amended to read as
33follows:
34911.2B Domestic abuse assault, domestic abuse protective
35order contempt, sexual abuse, stalking, and human trafficking
-4-1victim surcharge.
21. In addition to any other surcharge, the court or clerk
3of the district court shall assess a domestic abuse assault,
4domestic abuse protective order contempt, sexual abuse,
5stalking, and human trafficking victim surcharge of one hundred
6 ninety dollars if an adjudication of guilt or a deferred
7judgment has been entered for a violation of section 708.2A,
8708.11, or 710A.2, or chapter 709, or if a defendant is held
9in contempt of court for violating a domestic abuse protective
10order issued pursuant to chapter 236.
112. In the event of multiple offenses, the surcharge shall be
12imposed for each applicable offense.
133. The surcharge shall be remitted by the clerk of court as
14provided in section 602.8108, subsection 7.
15 Sec. 13. NEW SECTION. 911.5 Agricultural property offense
16surcharge.
171. In addition to any other surcharge, the court or clerk
18of the district court shall assess an agricultural property
19offense surcharge equal to thirty-five percent of the fine or
20forfeiture imposed upon a conviction for committing any of the
21following:
22a. Theft of agricultural property under section 714.2,
23subsection 1, 2, or 3.
24b. Criminal mischief under section 716.3, 716.4, or 716.5,
25by damaging, defacing, altering, or destroying agricultural
26property.
272. As used in this section, agricultural property means any
28of the following:
29a. A crop as defined in section 717A.1.
30b. Livestock as defined in section 717.1.
31c. (1) A colony or package as defined in section 160.1A,
32or a hive where bees are kept as described in section 160.5,
33if the department of agriculture and land stewardship is
34authorized by that chapter to inspect the colony, package, or
35hive or to regulate the movement of the colony, package, or
-5-1hive.
2(2) A queen bee that is part of a colony or is being moved
3to be part of a colony as described in subparagraph (1).
43. The surcharge shall be remitted by the clerk of the
5district court as provided in section 602.8108, subsection 5.
6 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code
72019, are repealed.
8DIVISION II
9court funds
10 Sec. 15. Section 602.1302, subsection 1, Code 2019, is
11amended to read as follows:
121. Except as otherwise provided by sections 602.1303,
13602.1304, and 602.8108 or other applicable law, the expenses of
14operating and maintaining the judicial branch shall be paid out
15of the general fund of the state from funds appropriated by the
16general assembly for the judicial branch. State funding shall
17be phased in as provided in section 602.11101.
18 Sec. 16. Section 602.1304, subsection 1, Code 2019, is
19amended to read as follows:
201. Except as provided in article 8 and subsection 2 of this
21section, all fees and other revenues collected by judicial
22officers and court employees shall be paid into the general
23fund of the state.
24 Sec. 17. Section 602.1304, subsection 2, Code 2019, is
25amended by striking the subsection.
26 Sec. 18. Section 602.8108, subsection 9, Code 2019, is
27amended by striking the subsection and inserting in lieu
28thereof the following:
299. a. A court technology and modernization fund is
30established as a separate fund in the state treasury. The
31state court administrator shall allocate nine million dollars
32of the moneys received under subsection 2 to be deposited in
33the fund, which shall be administered by the judicial branch.
34b. The moneys in the fund used to enhance the ability of the
35judicial branch to process cases more quickly and efficiently,
-6-1to electronically transmit information to state government,
2local governments, law enforcement agencies, and the public,
3and to improve public access to the court system. The moneys
4in the collection fund may also be used for any the following:
5(1) The Iowa court information system.
6(2) Records management, equipment, services, and projects.
7(3) Other technological improvements approved by the
8judicial branch.
9(4) Electronic legal research equipment, systems, and
10projects.
11(5) The study, development, and implementation of other
12innovations and projects that would improve the administration
13of justice.
14(6) Capital improvements necessitated by the installation
15of or connection with the Iowa court information system, the
16Iowa communications network, or other like networks.
17c. The fund shall be separate from the general fund of
18the state and the balance in the fund shall not be considered
19part of the balance of the general fund of the state.
20Notwithstanding section 8.33, moneys in the fund shall not
21revert to the general fund. Notwithstanding section 12C.7,
22subsection 2, interest or earnings on moneys in the court
23technology and modernization fund shall remain in the court
24technology and modernization fund and any interest and earnings
25shall be in addition to the maximum annual deposit amount.
26 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated
27or unencumbered moneys remaining in the enhanced court
28collections fund in section 602.1304 at the end of the fiscal
29year beginning July 1, 2018, and ending June 30, 2019, shall be
30transferred to the court technology and modernization fund.
31DIVISION III
32civil fees
33 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019,
34are amended to read as follows:
351. The clerk of the district court shall collect the
-7-1following fees:
2a. Except as otherwise provided in this subsection, for
3filing and docketing a petition, one two hundred eighty-five
4 five dollars. In counties having a population of ninety-eight
5thousand or over, an additional five dollars shall be charged
6and collected to be known as the journal publication fee and
7used for the purposes provided for in section 618.13.
8b. For filing and docketing a petition for dissolution
9of marriage, which includes the docketing of any dissolution
10decree, two hundred seventy-five dollars. It is the intent of
11the general assembly that twenty percent of the funds generated
12from these fees be appropriated and used for sexual assault
13and domestic violence centers and eighty percent of the funds
14generated from these fees be appropriated to the general fund
15of the state.
16b. c. For filing and docketing a petition pursuant to
17chapter 598 other than a dissolution of marriage petition, one
18hundred twenty dollars.
19c. d. For filing and docketing an application for
20modification of a dissolution decree to which a written
21stipulation is attached at the time of filing containing the
22agreement of the parties to the terms of modification, one
23hundred twenty dollars.
24d. For entering a final decree of dissolution of marriage,
25fifty dollars. It is the intent of the general assembly that
26the funds generated from the dissolution fees be appropriated
27and used for sexual assault and domestic violence centers.
28e. For filing and docketing a petition for adoption
29pursuant to chapter 600, one hundred zero dollars. For
30multiple adoption petitions filed at the same time by the same
31petitioner under section 600.3, the filing fee and any court
32costs for any petition filed in addition to the first petition
33filed are waived.
34f. For filing and docketing a small claims action, the
35amounts specified in section 631.6.
-8- 1g. For an appeal from a judgment in small claims or for
2filing and docketing a writ of error, one hundred eighty-five
3dollars.
4h. For a motion to show cause in a civil case, fifty seventy
5 dollars.
6i. For filing and docketing a transcript of the judgment in
7a civil case, fifty seventy dollars.
8j. For filing a tribal judgment, one hundred twenty dollars.
92. The clerk of the district court shall collect the
10following fees for miscellaneous services:
11a. For filing and entering any other statutory lien, fifty
12 seventy dollars.
13b. For a certificate and seal, twenty forty dollars.
14However, there shall be no charge for a certificate and seal to
15an application to procure a pension, bounty, or back pay for a
16member of the armed services or other person.
17c. For certifying a change in title of real estate, fifty
18 seventy dollars.
19d. For filing a praecipe to issue execution under chapter
20626, twenty-five forty-five dollars. The fee shall be
21recoverable by the creditor from the debtor against whom the
22execution is issued. A fee payable by a political subdivision
23of the state under this paragraph shall be collected by the
24clerk of the district court as provided in section 602.8109.
25However, the fee shall be waived and shall not be collected
26from a political subdivision of the state if a county attorney
27or county attorney’s designee is collecting a delinquent
28judgment pursuant to section 602.8107, subsection 4.
29e. For filing a praecipe to issue execution under chapter
30654, fifty seventy dollars.
31f. For filing a confession of judgment under chapter 676,
32fifty seventy dollars if the judgment is five thousand dollars
33or less, and one hundred twenty dollars if the judgment exceeds
34five thousand dollars.
35g. For filing a lis pendens, fifty seventy dollars.
-9- 1h. For applicable convictions under section 692A.110 prior
2to July 1, 2009, a civil penalty of two hundred twenty dollars,
3and for applicable convictions under section 692A.110 on or
4after July 1, 2009, a civil penalty of two hundred fifty
5 seventy dollars.
6i. Other fees provided by law.
7 Sec. 21. Section 631.6, subsection 1, paragraphs a and c,
8Code 2019, are amended to read as follows:
9a. Fees for filing and docketing shall be eighty-five one
10hundred five dollars.
11c. Postage charged for the mailing of original notice shall
12be ten thirty dollars.
13 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial
14branch shall conduct a study to determine whether the amount of
15the current fee to appear pro hac vice is appropriate. If the
16judicial branch determines that the fee to appear pro hac vice
17is not appropriate, the judicial branch shall adjust the fee
18accordingly.
19DIVISION IV
20scheduled violations
21 Sec. 23. Section 321.24, subsection 12, Code 2019, is
22amended to read as follows:
2312. A person who violates this section commits a simple
24misdemeanor punishable as a scheduled violation under section
25805.8A, subsection 2, paragraph “b”.
26 Sec. 24. Section 321.260, subsection 2, Code 2019, is
27amended to read as follows:
282. It shall be unlawful for any person to have in the
29person’s possession any official traffic-control device
30except by legal right or authority. Any person convicted
31of unauthorized possession of any official traffic-control
32device shall upon conviction be guilty of a simple misdemeanor
33punishable as a scheduled violation under section 805.8A,
34subsection 8, paragraph “c”. In addition to any other
35penalties, the punishment imposed for a violation of this
-10-1subsection shall include assessment of a fine of not less than
2two three hundred fifty twenty dollars.
3 Sec. 25. Section 321.262, subsection 2, Code 2019, is
4amended to read as follows:
52. The drivershall remain at the scene of the accident
6until the driver has fulfilled the requirements of section
7321.263. Any person failing to remain at the scene of the
8accident or fulfill the requirements of section 321.263 under
9such circumstances shall be guilty of a simple misdemeanor
10and punished as provided in section 321.482 punishable as
11a scheduled violation under section 805.8A, subsection 14,
12paragraph “m”.
13 Sec. 26. Section 321.264, Code 2019, is amended to read as
14follows:
15321.264 Striking unattended vehicle.
16The driver of any vehicle which collides with any vehicle
17which is unattended shall immediately stop and shall then and
18there either locate and notify the operator or owner of such
19vehicle of the name and address of the driver and owner of the
20vehicle striking the unattended vehicle or shall leave in a
21conspicuous place in the vehicle struck a written notice giving
22the name and address of the driver and of the owner of the
23vehicle doing the striking and a statement of the circumstances
24thereof. A person who violates this section commits a simple
25misdemeanor punishable as a scheduled violation under section
26805.8A, subsection 14, paragraph “n”.
27 Sec. 27. Section 321.265, Code 2019, is amended to read as
28follows:
29321.265 Striking fixtures upon a highway.
30The driver of a vehicle involved in an accident resulting
31in damage to property legally upon or adjacent to a highway
32shall take reasonable steps to locate and notify the owner,
33a peace officer, or person in charge of the damaged property
34of the damage and shall inform the person of the driver’s name
35and address and the registration number of the vehicle causing
-11-1the damage and shall, upon request and if available, exhibit
2the driver’s license of the driver of the vehicle and shall
3report the accident when and as required in section 321.266. A
4person who violates this section commits a simple misdemeanor
5punishable as a scheduled violation under section 805.8A,
6subsection 14, paragraph “o”.
7 Sec. 28. Section 321.324A, Code 2019, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 4. A person who violates this section
10commits a simple misdemeanor punishable as a scheduled
11violation under section 805.8A, subsection 6, paragraph “s”.
12 Sec. 29. Section 321.371, subsection 2, Code 2019, is
13amended to read as follows:
142. A person who violates this section commits a simple
15misdemeanor punishable as a scheduled violation under section
16805.8A, subsection 14, paragraph “q”.
17 Sec. 30. Section 321.383, subsection 4, Code 2019, is
18amended to read as follows:
194. Any Except as provided in subsection 5, any person
20who violates any provision of this section shall be fined
21as provided in commits a simple misdemeanor punishable as a
22scheduled violation under section 805.8A, subsection 3.
23 Sec. 31. Section 321.383, Code 2019, is amended by adding
24the following new subsection:
25 NEW SUBSECTION. 5. A person who operates a self-propelled
26implement of husbandry at a speed which exceeds the limit
27of thirty-five miles per hour commits a simple misdemeanor
28punishable as a scheduled violation under section 805.8A,
29subsection 5.
30 Sec. 32. Section 321.431, subsection 6, Code 2019, is
31amended to read as follows:
326. A person who violates this section commits a simple
33misdemeanor punishable as a scheduled violation under section
34805.8A, subsection 3, paragraph “ad”.
35 Sec. 33. Section 805.8A, Code 2019, is amended to read as
-12-1follows:
2805.8A Motor vehicle and transportation scheduled violations.
31. Parking violations.
4a. For parking violations under sections 321.236, 321.239,
5321.358, 321.360, and 321.361, the scheduled fine is five
6dollars, except if the local authority has established the
7fine by ordinance. The scheduled fine for a parking violation
8pursuant to section 321.236 increases by five dollars if
9authorized by ordinance and if the parking violation is not
10paid within thirty days of the date upon which the violation
11occurred. For purposes of calculating the unsecured appearance
12bond required under section 805.6, the scheduled fine shall
13be five dollars, or if the amount of the fine is greater than
14five dollars, the unsecured appearance bond shall be the amount
15of the fine established by the local authority. However,
16violations charged by a city or county upon simple notice of a
17fine instead of a uniform citation and complaint required by
18section 321.236, subsection 1, paragraph “b”, are not scheduled
19violations, and this section shall not apply to any offense
20charged in that manner. For a parking violation under section
21461A.38, the scheduled fine is ten dollars. For a parking
22violation under section 321.362, the scheduled fine is twenty
23dollars.
24b. For a parking violation under section 321L.2A, subsection
252, the scheduled fine is twenty dollars.
26c. For violations under section 321L.2A, subsection 3,
27sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
28scheduled fine is two hundred dollars.
292. Title and registration violations. For title or
30registration violations under the following sections, the
31scheduled fine is as follows:
32a. Section 321.17$ 50 $ 65.
33b. Section 321.24$130.
34b. c. Section 321.25$100 $130.
35c. d. Section 321.32$ 20 $ 25.
-13- 1d. e. Section 321.34$ 20 $ 25.
2e. f. Section 321.37$ 20 $ 25.
3f. g. Section 321.38$ 20 $ 25.
4g. h. Section 321.41$ 20 $ 25.
5h. i. Section 321.45$100 $130.
6i. j. Section 321.46$100 $130.
7j. k. Section 321.47$100 $130.
8k. l. Section 321.48$100 $130.
9l. m. Section 321.52$100 $130.
10m. n. Section 321.55$ 50 $ 65.
11n. o. Section 321.57$100 $130.
12o. p. Section 321.62$100 $130.
13p. q. Section 321.67$100 $130.
14q. r. Section 321.98$ 50 $ 65.
15r. s. Section 321.99$200 $255.
16s. t. Section 321.104$100 $130.
17t. u. Section 321.115$ 30 $ 40.
18u. v. Section 321.115A$ 30 $ 40.
193. Equipment violations. For equipment violations under the
20following sections, the scheduled fine is as follows:
21a. Section 321.234A$ 50 $ 65.
22b. Section 321.247$100 $130.
23c. Section 321.317$ 20 $ 25.
24d. Section 321.381$100 $130.
25e. Section 321.381A$100 $130.
26f. Section 321.382$ 25 $ 30.
27g. Section 321.383, subsection 4$ 30 $ 40.
28h. Section 321.384$ 30 $ 40.
29i. Section 321.385$ 30 $ 40.
30j. Section 321.386$ 30 $ 40.
31k. Section 321.387$ 20 $ 25.
32l. Section 321.388$ 20 $ 25.
33m. Section 321.389$ 20 $ 25.
34n. Section 321.390$ 20 $ 25.
35o. Section 321.392$ 20 $ 25.
-14- 1p. Section 321.393$ 20 $ 25.
2q. Section 321.398$ 30 $ 40.
3r. Section 321.402$ 30 $ 40.
4s. Section 321.403$ 30 $ 40.
5t. Section 321.404$ 30 $ 40.
6u. Section 321.404A$ 25 $ 30.
7v. Section 321.409$ 30 $ 40.
8w. Section 321.415$ 30 $ 40.
9x. Section 321.419$ 30 $ 40.
10y. Section 321.420$ 30 $ 40.
11z. Section 321.421$ 30 $ 40.
12aa. Section 321.422$ 20 $ 25.
13ab. Section 321.423$ 30 $ 40.
14ac. Section 321.430$100 $130.
15ad. Section 321.431$130.
16ad. ae. Section 321.432$ 20 $ 25.
17ae. af. Section 321.433$ 30 $ 40.
18af. ag. Section 321.436$ 20 $ 25.
19ag. ah. Section 321.438$ 50 $ 65.
20ah. ai. Section 321.439$ 20 $ 25.
21ai. aj. Section 321.440$ 20 $ 25.
22aj. ak. Section 321.441$ 20 $ 25.
23ak. al. Section 321.442$ 20 $ 25.
24al. am. Section 321.444$ 20 $ 25.
254. Driver’s license violations. For driver’s license
26violations under the following sections, the scheduled fine is
27as follows:
28a. Section 321.174$ 200 $ 255.
29b. Section 321.174A$ 50 $ 65.
30c. Section 321.178, subsection 2,
31paragraph “a”, subparagraph (2)$ 30 $ 40.
32d. Section 321.180$ 50 $ 65.
33e. Section 321.180B$ 50 $ 65.
34f. Section 321.193$ 50 $ 65.
35g. Section 321.194$ 50 $ 65.
-15- 1h. Section 321.216$ 100 $ 130.
2i. Section 321.216B$ 200 $ 255.
3j. Section 321.216C$ 200 $ 255.
4k. Section 321.219$ 200 $ 255.
5l. Section 321.220$ 200 $ 255.
65. Speed violations.
7a. For excessive speed violations in excess of the limit
8under section 321.236, subsections 5 and 11, sections section
9 321.285, section 321.383, subsection 5, and section 461A.36,
10the scheduled fine shall be the following:
11(1) Twenty Twenty-five dollars for speed not more than five
12miles per hour in excess of the limit.
13(2) Forty Fifty dollars for speed greater than five but not
14more than ten miles per hour in excess of the limit.
15(3) Eighty One hundred dollars for speed greater than ten
16but not more than fifteen miles per hour in excess of the
17limit.
18(4) Ninety One hundred fifteen dollars for speed greater
19than fifteen but not more than twenty miles per hour in excess
20of the limit.
21(5) One hundred thirty dollars plus five dollars for each
22mile per hour of excessive speed over twenty miles per hour
23over the limit.
24b. Excessive speed by a school bus is punishable as provided
25in subsection 10.
26c. Excessive speed in conjunction with a violation of
27section 321.278 is not a scheduled violation, whatever the
28amount of excess speed.
29d. For a violation under section 321.295, the scheduled fine
30is fifty sixty-five dollars.
316. Operating violations. For operating violations under the
32following sections, the scheduled fine is as follows:
33a. Section 321.236, subsections 3, 4, 9,
34 and 12$ 20 $ 25.
35b. Section 321.275, subsections 1
-16-1through 7$ 35 $ 45.
2c. Section 321.277A$ 35 $ 45.
3d. Section 321.288$100 $130.
4e. Section 321.297$100 $130.
5f. Section 321.299$100 $130.
6g. Section 321.302$100 $130.
7h. Section 321.303$100 $130.
8i. Section 321.304, subsections 1
9and 2$100 $130.
10j. Section 321.305$100 $130.
11k. Section 321.306$100 $130.
12l. Section 321.311$100 $130.
13m. Section 321.312$100 $130.
14n. Section 321.314$100 $130.
15o. Section 321.315$ 35 $ 45.
16p. Section 321.316$ 35 $ 45.
17q. Section 321.318$ 35 $ 45.
18r. Section 321.323$100 $130.
19s. Section 321.324A$130.
20s. t. Section 321.340$100 $130.
21t. u. Section 321.353$100 $130.
22u. v. Section 321.354$100 $130.
23v. w. Section 321.363$ 35 $ 45.
24w. x. Section 321.365$ 35 $ 45.
25x. y. Section 321.366$100 $130.
26y. z. Section 321.395$100 $130.
277. Failure to yield or obey violations. For failure to yield
28or obey violations under the following sections, the scheduled
29fine is as follows:
30a. Section 321.257, subsection 2,
31for a violation by an operator of a
32motor vehicle$100 $130.
33b. Section 321.298$100 $130.
34c. Section 321.307$100 $130.
35d. Section 321.308$100 $130.
-17- 1e. Section 321.313$100 $130.
2f. Section 321.319$100 $130.
3g. Section 321.320$100 $130.
4h. Section 321.321$100 $130.
5i. Section 321.327$100 $130.
6j. Section 321.329$100 $130.
7k. Section 321.333$100 $130.
88. Traffic sign or signal violations. For traffic sign or
9signal violations under the following sections, the scheduled
10fine is as follows:
11a. Section 321.236, subsections 2 and 6$ 35 $ 45.
12b. Section 321.256$100 $130.
13c. Section 321.260, subsection 2$130.
14c. d. Section 321.294$100 $130.
15d. e. Section 321.304, subsection 3$100 $130.
16e. f. Section 321.322$100 $130.
179. Bicycle or pedestrian violations. For bicycle or
18pedestrian violations under the following sections, the
19scheduled fine for a pedestrian or bicyclist is as follows:
20a. Section 321.234, subsections 3 and 4$ 25 $ 30.
21b. Section 321.236, subsection 10$ 15 $ 20.
22c. Section 321.257, subsection 2$ 25 $ 30.
23d. Section 321.275, subsection 8$ 25 $ 30.
24e. Section 321.325$ 25 $ 30.
25f. Section 321.326$ 25 $ 30.
26g. Section 321.328$ 25 $ 30.
27h. Section 321.331$ 25 $ 30.
28i. Section 321.332$ 25 $ 30.
29j. Section 321.397$ 25 $ 30.
30k. Section 321.434$ 25 $ 30.
319A. Electric personal assistive mobility device
32violations. For violations under section 321.235A, the
33scheduled fine is fifteen twenty dollars.
3410. School bus violations. For violations by an operator of
35a school bus under sections 321.285 and 321.372, subsections
-18-11 and 2, the scheduled fine is one hundred thirty dollars.
2However, an excessive speed violation by a school bus of
3more than ten miles per hour in excess of the limit is not a
4scheduled violation.
511. a. Emergency vehicle and equipment-related
6violations. For violations relating to authorized emergency
7vehicles, fire apparatus and equipment, and police bicycles
8under the following sections, the scheduled fine is as follows:
9(1) Section 321.231$100 $130.
10(2) Section 321.323A, subsection 1$100 $130.
11(3) Section 321.324$100 $130.
12(4) Section 321.367$100 $130.
13(5) Section 321.368$100 $130.
14b. Violations relating to stationary nonemergency vehicles.
15For violations relating to the approach of certain stationary
16nonemergency vehicles under section 321.323A, subsections 2 and
173, the scheduled fine is one hundred thirty dollars.
1812. Restrictions on vehicles.
19a. For violations under sections 321.309, 321.310, 321.394,
20321.461, and 321.462, the scheduled fine is thirty-five
21 forty-five dollars.
22b. For violations under section 321.437, the scheduled fine
23is thirty-five forty-five dollars.
24c. For height, length, width, and load violations under
25sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
26scheduled fine is two hundred fifty-five dollars.
27d. For violations under section 321.466, the scheduled fine
28is twenty twenty-five dollars for each two thousand pounds or
29fraction thereof of overweight.
30e. (1) Violations of the schedule of axle and tandem axle
31and gross or group of axle weight violations in section 321.463
32shall be scheduled violations subject to the provisions,
33procedures, and exceptions contained in sections 805.6 through
34805.11, irrespective of the amount of the fine under that
35schedule.
-19- 1(a) Violations of the schedule of weight violations shall be
2chargeable, where the fine charged does not exceed one thousand
3dollars, only by uniform citation and complaint.
4(b) Violations of the schedule of weight violations, where
5the fine charged exceeds one thousand dollars shall, when the
6violation is admitted and section 805.9 applies, be chargeable
7upon uniform citation and complaint, indictment, or county
8attorney’s information, but otherwise shall be chargeable only
9upon indictment or county attorney’s information.
10(2) In all cases of charges under the schedule of weight
11violations, the charge shall specify the amount of fine charged
12under the schedule. Where a defendant is convicted and the
13fine under the foregoing schedule of weight violations exceeds
14one thousand dollars, the conviction shall be of an indictable
15offense although section 805.9 is employed and whether the
16violation is charged upon uniform citation and complaint,
17indictment, or county attorney’s information.
18f. For a violation under section 321E.16, other than the
19provisions relating to weight, the scheduled fine is two
20hundred fifty-five dollars.
2113. Motor carrier and other operator violations.
22a. (1) For a violation under section 321.54, the scheduled
23fine is thirty forty dollars.
24(2) For violations under sections 326.22 and 326.23, the
25scheduled fine is fifty sixty-five dollars.
26b. For a violation under section 321.449, 321.449A, or
27321.449B, the scheduled fine is fifty sixty-five dollars.
28c. For violations under sections 321.364, 321.450, 321.460,
29and 452A.52, the scheduled fine is two hundred fifty-five
30 dollars.
31d. For violations of section 325A.3, subsection 6, or
32section 325A.8, the scheduled fine is one hundred thirty
33 dollars.
34e. For violations of chapter 325A, other than a violation of
35section 325A.3, subsection 6, or section 325A.8, the scheduled
-20-1fine is two three hundred fifty twenty dollars.
2f. For violations of section 327B.1, subsection 1 or 3, the
3scheduled fine is two three hundred fifty twenty dollars.
414. Miscellaneous violations.
5a. Failure to obey a peace officer. For a violation under
6section 321.229, the scheduled fine is one hundred thirty
7 dollars.
8b. Abandoning a motor vehicle. For a violation under
9section 321.91, the scheduled fine is two hundred fifty-five
10 dollars.
11c. Seat belt or restraint violations.
12(1) For a violation under section 321.445, the scheduled
13fine is fifty sixty-five dollars.
14(2) For a violation under section 321.446, the scheduled
15fine is one hundred thirty dollars.
16d. Litter and debris violations. For violations under
17sections 321.369 and 321.370, the scheduled fine is seventy
18 ninety dollars.
19e. Open container violations. For violations under sections
20321.284 and 321.284A, the scheduled fine is two hundred
21fifty-five dollars.
22f. Proof of financial responsibility. If, in connection with
23a motor vehicle accident, a person is charged and found guilty
24of a violation of section 321.20B, subsection 1, the scheduled
25fine is five six hundred forty dollars; otherwise, the
26scheduled fine for a violation of section 321.20B, subsection
271, is two three hundred fifty twenty dollars. Notwithstanding
28section 805.12, fines collected pursuant to this paragraph
29shall be submitted to the state court administrator and
30distributed fifty percent to the victim compensation fund
31established in section 915.94, twenty-five percent to the
32county in which such fine is imposed, and twenty-five percent
33to the general fund of the state.
34g. Speed detection jamming devices. For a violation under
35section 321.232, the scheduled fine is one hundred thirty
-21-1 dollars.
2h. Railroad crossing violations. For violations under
3sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
4the scheduled fine is two hundred fifty-five dollars.
5i. Road work zone violations. The scheduled fine for any
6moving traffic violation under chapter 321, as provided in
7this section, shall be doubled if the violation occurs within
8any road work zone, as defined in section 321.1. However,
9notwithstanding subsection 5, the scheduled fine for violating
10the speed limit in a road work zone is as follows:
11(1) One hundred fifty ninety dollars for speed not more than
12ten miles per hour over the posted speed limit.
13(2) Three hundred eighty-five dollars for speed greater
14than ten but not more than twenty miles per hour over the
15posted speed limit.
16(3) Five Six hundred forty dollars for speed greater than
17twenty but not more than twenty-five miles per hour over the
18posted speed limit.
19(4) One thousand two hundred eighty dollars for speed
20greater than twenty-five miles per hour over the posted speed
21limit.
22j. Vehicle component parts records violations. For
23violations under section 321.95, the scheduled fine is fifty
24 sixty-five dollars.
25k. Actions against a person on a bicycle. For violations
26under section 321.281, the scheduled fine is two three hundred
27fifty twenty dollars.
28l. Writing, sending, or viewing an electronic message while
29driving violations. For violations under section 321.276, the
30scheduled fine is thirty forty dollars.
31m. Leaving scene of traffic accident. For violations under
32section 321.262, the scheduled fine is one hundred thirty
33dollars.
34n. Striking unattended vehicle. For violations under
35section 321.264, the scheduled fine is one hundred thirty
-22-1dollars.
2o. Striking fixtures upon highway. For violations under
3section 321.265, the scheduled fine is one hundred thirty
4dollars.
5p. Clearing up wrecks. For violations under section
6321.371, the scheduled fine is thirty dollars.
7 Sec. 34. Section 805.8B, Code 2019, is amended to read as
8follows:
9805.8B Navigation, recreation, hunting, and fishing scheduled
10violations.
111. Navigation violations.
12a. For violations of registration, inspections,
13identification, and record provisions under sections 462A.5,
14462A.35, and 462A.37, and for unused or improper or defective
15lights and warning devices under section 462A.9, subsections 3,
164, 5, 9, and 10, the scheduled fine is ten fifteen dollars.
17b. For violations of registration, identification, and
18record provisions under sections 462A.4 and 462A.10, and for
19unused or improper or defective equipment under section 462A.9,
20subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
21for operation violations under sections 462A.26, 462A.31, and
22462A.33, the scheduled fine is twenty twenty-five dollars.
23c. For operating violations under sections 462A.12, 462A.15,
24subsection 1, sections 462A.24, and 462A.34, the scheduled fine
25is twenty-five thirty dollars. However, a violation of section
26462A.12, subsection 2, is not a scheduled violation.
27d. For violations of use, location, and storage of vessels,
28devices, and structures under sections 462A.27, 462A.28, and
29462A.32, the scheduled fine is fifteen twenty dollars.
30e. For violations of all subdivision ordinances under
31section 462A.17, subsection 2, except those relating to
32matters subject to regulation by authority of section 462A.31,
33subsection 5, the scheduled fine is the same as prescribed for
34similar violations of state law. For violations of subdivision
35ordinances for which there is no comparable state law, the
-23-1scheduled fine is ten fifteen dollars.
22. Snowmobile violations.
3a. For registration or user permit violations under section
4321G.3, subsection 1, or section 321G.4B, the scheduled fine is
5fifty sixty-five dollars.
6b. (1) For operating violations under section 321G.9, the
7scheduled fine is fifty sixty-five dollars.
8(2) For operating violations under sections 321G.11 and
9321G.13, subsection 1, paragraph “d”, the scheduled fine is
10twenty twenty-five dollars.
11(3) For operating violations under section 321G.13,
12subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
13and section 321G.13, subsections 2 and 3, the scheduled fine
14is one hundred thirty dollars.
15c. For improper or defective equipment under section
16321G.12, the scheduled fine is twenty twenty-five dollars.
17d. For violations of section 321G.19, the scheduled fine is
18twenty twenty-five dollars.
19e. For decal violations under section 321G.5, the scheduled
20fine is twenty twenty-five dollars.
21f. For stop signal violations under section 321G.17, the
22scheduled fine is one hundred thirty dollars.
23g. For violations of section 321G.20 and for education
24certificate violations under section 321G.24, subsection 1, the
25scheduled fine is fifty sixty-five dollars.
26h. For violations of section 321G.21, the scheduled fine is
27one hundred thirty dollars.
282A. All-terrain vehicle violations.
29a. For registration or user permit violations under section
30321I.3, subsection 1, the scheduled fine is fifty sixty-five
31 dollars.
32b. (1) For operating violations under sections 321I.12 and
33321I.14, subsection 1, paragraph “d”, the scheduled fine is
34twenty twenty-five dollars.
35(2) For operating violations under section 321I.10,
-24-1subsections 1 and 4, the scheduled fine is fifty sixty-five
2 dollars.
3(3) For operating violations under section 321I.14,
4subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
5section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
6is one hundred thirty dollars.
7c. For improper or defective equipment under section
8321I.13, the scheduled fine is twenty twenty-five dollars.
9d. For violations of section 321I.20, the scheduled fine is
10twenty twenty-five dollars.
11e. For decal violations under section 321I.6, the scheduled
12fine is twenty twenty-five dollars.
13f. For stop signal violations under section 321I.18, the
14scheduled fine is one hundred thirty dollars.
15g. For violations of section 321I.21 and for education
16certificate violations under section 321I.26, subsection 1, the
17scheduled fine is fifty sixty-five dollars.
18h. For violations of section 321I.22, the scheduled fine is
19one hundred thirty dollars.
203. Hunting and fishing violations.
21a. For violations of section 484A.2, the scheduled fine is
22ten fifteen dollars.
23b. For violations of sections 481A.54, 481A.69, 481A.71,
24481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
25483A.27A, the scheduled fine is twenty twenty-five dollars.
26c. For violations of sections 481A.6, 481A.21, 481A.22,
27481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
28481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
29483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
30scheduled fine is twenty-five thirty dollars.
31d. For violations of sections 481A.7, 481A.24, 481A.47,
32481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
33481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
342, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
35scheduled fine is fifty sixty-five dollars.
-25- 1e. For violations of sections 481A.57, 481A.85, 481A.93,
2481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
3483A.42, the scheduled fine is one hundred thirty dollars.
4f. For violations of section 481A.38 relating to the taking,
5pursuing, killing, trapping or ensnaring, buying, selling,
6possessing, or transporting any game, protected nongame
7animals, fur-bearing animals, or fur or skin of the animals,
8mussels, frogs, or fish or part of them, the scheduled fines
9are as follows:
10(1) For deer or turkey, the scheduled fine is one hundred
11thirty dollars.
12(2) For protected nongame, the scheduled fine is one hundred
13thirty dollars.
14(3) For mussels, frogs, spawn, or fish, the scheduled fine
15is twenty-five thirty dollars.
16(4) For other game, the scheduled fine is fifty sixty-five
17 dollars.
18(5) For fur-bearing animals, the scheduled fine is
19seventy-five ninety-five dollars.
20g. For violations of section 481A.38 relating to an attempt
21to take, pursue, kill, trap, buy, sell, possess, or transport
22any game, protected nongame animals, fur-bearing animals, or
23fur or skin of the animals, mussels, frogs, or fish or part of
24them, the scheduled fines are as follows:
25(1) For game or fur-bearing animals, the scheduled fine is
26fifty sixty-five dollars.
27(2) For protected nongame, the scheduled fine is fifty
28 sixty-five dollars.
29(3) For mussels, frogs, spawn, or fish, the scheduled fine
30is ten fifteen dollars.
31h. For violations of section 481A.48 relating to
32restrictions on game birds and animals, the scheduled fines are
33as follows:
34(1) For out-of-season, the scheduled fine is one hundred
35thirty dollars.
-26- 1(2) For over limit, the scheduled fine is one hundred thirty
2 dollars.
3(3) For attempt to take, the scheduled fine is fifty
4 sixty-five dollars.
5(4) For general waterfowl restrictions, the scheduled fine
6is fifty sixty-five dollars.
7(a) For no federal stamp, the scheduled fine is fifty
8 sixty-five dollars.
9(b) For unplugged shotgun, the scheduled fine is ten fifteen
10 dollars.
11(c) For possession of other than steel shot, the scheduled
12fine is twenty-five thirty dollars.
13(d) For early or late shooting, the scheduled fine is
14twenty-five thirty dollars.
15(5) For possession of a prohibited pistol or revolver while
16hunting deer, the scheduled fine is one hundred thirty dollars.
17(6) For possession of a prohibited rifle while hunting deer,
18the scheduled fine is two three hundred fifty twenty dollars.
19i. For violations of section 481A.67 relating to general
20violations of fishing laws, the scheduled fine is twenty-five
21 thirty dollars.
22(1) For over limit catch, the scheduled fine is thirty forty
23 dollars.
24(2) For under minimum length or weight, the scheduled fine
25is twenty twenty-five dollars.
26(3) For out-of-season fishing, the scheduled fine is fifty
27 sixty-five dollars.
28j. For violations of section 481A.73 relating to trotlines
29and throwlines:
30(1) For trotline or throwline violations in legal waters,
31the scheduled fine is twenty-five thirty dollars.
32(2) For trotline or throwline violations in illegal waters,
33the scheduled fine is fifty sixty-five dollars.
34k. For violations of section 481A.144, subsection 4, or
35section 481A.145, subsections 4, 5, and 6, relating to minnows:
-27- 1(1) For general minnow violations, the scheduled fine is
2twenty-five thirty dollars.
3(2) For commercial purposes, the scheduled fine is fifty
4 sixty-five dollars.
5l. For violations of section 481A.87 relating to the taking
6or possessing of fur-bearing animals out of season:
7(1) For red fox, gray fox, or mink, the scheduled fine is
8one hundred thirty dollars.
9(2) For all other furbearers, the scheduled fine is fifty
10 sixty-five dollars.
11m. For violations of section 482.4 relating to gear tags:
12(1) For commercial license violations, the scheduled fine
13is one hundred thirty dollars.
14(2) For no gear tags, the scheduled fine is twenty-five
15 thirty dollars.
16n. For violations of section 482.11, the scheduled fine is
17one hundred thirty dollars.
18o. For violations of rules adopted pursuant to section
19483A.1 relating to licenses and permits, the scheduled fines
20are as follows:
21(1) For a license or permit costing ten dollars or less, the
22scheduled fine is twenty twenty-five dollars.
23(2) For a license or permit costing more than ten dollars
24but not more than twenty dollars, the scheduled fine is thirty
25 forty dollars.
26(3) For a license or permit costing more than twenty dollars
27but not more than forty dollars, the scheduled fine is fifty
28 sixty-five dollars.
29(4) For a license or permit costing more than forty dollars
30but not more than fifty dollars, the scheduled fine is seventy
31 ninety dollars.
32(5) For a license or permit costing more than fifty dollars
33but less than one hundred dollars, the scheduled fine is one
34hundred thirty dollars.
35(6) For a license or permit costing one hundred dollars or
-28-1more, the scheduled fine is two times the cost of the original
2license or permit.
3p. For violations of section 483A.26 relating to false
4claims for licenses:
5(1) For making a false claim for a license by a resident,
6the scheduled fine is fifty sixty-five dollars.
7(2) For making a false claim for a license by a nonresident,
8the scheduled fine is one hundred thirty dollars.
9q. For violations of section 483A.36 relating to the
10conveyance of guns:
11(1) For conveying an assembled, unloaded gun, the scheduled
12fine is twenty-five thirty dollars.
13(2) For conveying a loaded gun, the scheduled fine is fifty
14 sixty-five dollars.
154. Ginseng violations. For a violation of section 456A.24,
16subsection 11, the scheduled fine is one hundred thirty
17 dollars.
185. Aquatic invasive species violations. For violations
19of section 456A.37, subsection 3, the scheduled fine is as
20follows:
21a. For violations of section 456A.37, subsection 3,
22paragraph “a”, the scheduled fine is five six hundred forty
23 dollars.
24b. For violations of section 456A.37, subsection 3,
25paragraph “b”, the scheduled fine is seventy-five ninety-five
26 dollars.
27c. For repeat violations of section 456A.37, subsection 3,
28paragraph “a” or “b”, within the same twelve-month period, the
29scheduled fine shall include an additional fine of five six
30 hundred forty dollars for each violation.
316. Misuse of parks and preserves.
32a. For violations under sections 461A.39, 461A.45, and
33461A.50, the scheduled fine is ten fifteen dollars.
34b. For violations under sections 461A.40, 461A.46, and
35461A.49, the scheduled fine is fifteen twenty dollars.
-29- 1c. For violations of sections 461A.35, 461A.42, and 461A.44,
2the scheduled fine is fifty sixty-five dollars.
3d. For violations of section 461A.48, the scheduled fine is
4twenty-five thirty dollars.
5e. For violations under section 461A.43, the scheduled fine
6is thirty forty dollars.
7 Sec. 35. Section 805.8C, Code 2019, is amended to read as
8follows:
9805.8C Miscellaneous scheduled violations.
101. Energy emergency violations. For violations of an
11executive order issued by the governor under the provisions of
12section 473.8, the scheduled fine is fifty sixty-five dollars.
132. Alcoholic beverage violations. For violations of section
14123.49, subsection 2, paragraph “h”, the scheduled fine for a
15licensee or permittee is one thousand five nine hundred twenty
16 dollars, and the scheduled fine for a person who is employed by
17a licensee or permittee is five six hundred forty dollars.
183. Violations related to smoking, tobacco, tobacco products,
19alternative nicotine products, vapor products, and cigarettes.
20a. For violations described in section 142D.9, subsection 1,
21the scheduled fine is fifty dollars, and is a civil penalty,
22and the criminal penalty crime services surcharge under section
23911.1 shall not be added to the penalty, and the court costs
24pursuant to section 805.9, subsection 6, shall not be imposed.
25If the civil penalty assessed for a violation described in
26section 142D.9, subsection 1, is not paid in a timely manner,
27a citation shall be issued for the violation in the manner
28provided in section 804.1. However, a person under age
29eighteen shall not be detained in a secure facility for failure
30to pay the civil penalty. The complainant shall not be charged
31a filing fee.
32b. For violations of section 453A.2, subsection 1, by an
33employee of a retailer, the scheduled fine is as follows:
34(1) If the violation is a first offense, the scheduled fine
35is one hundred thirty dollars.
-30- 1(2) If the violation is a second offense, the scheduled fine
2is two three hundred fifty twenty dollars.
3(3) If the violation is a third or subsequent offense, the
4scheduled fine is five six hundred forty dollars.
5c. For violations of section 453A.2, subsection 2, the
6scheduled fine is as follows and is a civil penalty, and the
7criminal penalty crime services surcharge under section 911.1
8shall not be added to the penalty, and the court costs pursuant
9to section 805.9, subsection 6, shall not be imposed:
10(1) If the violation is a first offense, the scheduled fine
11is fifty dollars.
12(2) If the violation is a second offense, the scheduled fine
13is one hundred dollars.
14(3) If the violation is a third or subsequent offense, the
15scheduled fine is two hundred fifty dollars.
164. Electrical or mechanical amusement device violations.
17a. For violations of legal age for operating an electrical
18or mechanical amusement device required to be registered
19as provided in section 99B.53, pursuant to section 99B.57,
20subsection 1, the scheduled fine is two three hundred fifty
21 twenty dollars. Failure to pay the fine by a person under the
22age of eighteen shall not result in the person being detained
23in a secure facility.
24b. For first offense violations concerning electrical or
25mechanical amusement devices as provided in section 99B.54,
26subsection 2, the scheduled fine is two three hundred fifty
27 twenty dollars.
285. Gambling violations.
29a. For violations of legal age for gambling wagering under
30section 99D.11, subsection 7, section 99F.9, subsection 4, and
31section 725.19, subsection 1, the scheduled fine is five six
32 hundred forty dollars. Failure to pay the fine by a person
33under the age of eighteen shall not result in the person being
34detained in a secure facility.
35b. For legal age violations for entering or attempting
-31-1to enter a facility under section 99F.9, subsection 5, the
2scheduled fine is five six hundred forty dollars. Failure to
3pay the fine by a person under the age of eighteen shall not
4result in the person being detained in a secure facility.
56. Pseudoephedrine sales violations. For violations of
6section 126.23A, subsection 1, by an employee of a retailer, or
7for violations of section 126.23A, subsection 2, paragraph “a”,
8by a purchaser, the scheduled fine is as follows:
9a. If the violation is a first offense, the scheduled fine
10is two hundred fifty-five dollars.
11b. If the violation is a second offense, the scheduled fine
12is two three hundred fifty twenty dollars.
13c. If the violation is a third or subsequent offense, the
14scheduled fine is five six hundred forty dollars.
157. Alcoholic beverage violations by persons eighteen,
16nineteen, or twenty years of age. For first offense violations
17of section 123.47, subsection 4, the scheduled fine is two
18hundred fifty-five dollars.
198. Unlicensed premises owner — under eighteen years of age
20consumption or possession. For first offense violations of
21section 123.47, subsection 2, the scheduled fine is two hundred
22fifty-five dollars.
239. Notification violations. For violations of section
24229.22, subsection 6, the scheduled fine is one thousand
25dollars for a first violation and two thousand dollars for a
26second or subsequent violation. The scheduled fine under this
27subsection is a civil penalty, and the criminal penalty crime
28services surcharge under section 911.1 shall not be added to
29the penalty.
3010. Scrap metal transaction violations. For violations
31of section 714.27, the scheduled fine is one hundred dollars
32for a first violation, five hundred dollars for a second
33violation within two years, and one thousand dollars for a
34third or subsequent violation within two years. The scheduled
35fine under this subsection is a civil penalty which shall
-32-1be deposited into the general fund of the county or city if
2imposed by a designated officer or employee of a county or
3city, or deposited in the general fund of the state if imposed
4by a state agency, and the criminal penalty crime services
5 surcharge under section 911.1 shall not be added to the
6penalty.
711. Trespassing violations. For trespasses punishable under
8section 716.8, subsection 1 or 5, the scheduled fine is two
9hundred fifty-five dollars for a first violation, five six
10 hundred forty dollars for a second violation, and one thousand
11two hundred eighty dollars for a third or subsequent violation.
12DIVISION V
13Misdemeanor and felony fines
14 Sec. 36. Section 902.9, subsection 1, paragraphs d and e,
15Code 2019, are amended to read as follows:
16d. A class “C” felon, not an habitual offender, shall be
17confined for no more than ten years, and in addition shall be
18sentenced to a fine of at least one thousand three hundred
19seventy dollars but not more than ten thirteen thousand six
20hundred sixty dollars.
21e. A class “D” felon, not an habitual offender, shall be
22confined for no more than five years, and in addition shall
23be sentenced to a fine of at least seven hundred fifty one
24thousand twenty-five dollars but not more than seven ten
25 thousand five two hundred forty-five dollars.
26 Sec. 37. Section 903.1, subsections 1 and 2, Code 2019, are
27amended to read as follows:
281. If a person eighteen years of age or older is convicted
29of a simple or serious misdemeanor and a specific penalty is
30not provided for or if a person under eighteen years of age
31has been waived to adult court pursuant to section 232.45 on
32a felony charge and is subsequently convicted of a simple,
33serious, or aggravated misdemeanor, the court shall determine
34the sentence, and shall fix the period of confinement or the
35amount of fine, which fine shall not be suspended by the court,
-33-1within the following limits:
2a. For a simple misdemeanor, there shall be a fine of at
3least sixty-five ninety dollars but not to exceed six eight
4 hundred twenty-five fifty-five dollars. The court may order
5imprisonment not to exceed thirty days in lieu of a fine or in
6addition to a fine.
7b. For a serious misdemeanor, there shall be a fine of at
8least three four hundred fifteen thirty dollars but not to
9exceed one two thousand eight five hundred seventy-five sixty
10 dollars. In addition, the court may also order imprisonment
11not to exceed one year.
122. When a person is convicted of an aggravated misdemeanor,
13and a specific penalty is not provided for, the maximum penalty
14shall be imprisonment not to exceed two years. There shall be
15a fine of at least six eight hundred twenty-five fifty-five
16 dollars but not to exceed six eight thousand two five hundred
17fifty forty dollars. When a judgment of conviction of an
18aggravated misdemeanor is entered against any person and the
19court imposes a sentence of confinement for a period of more
20than one year the term shall be an indeterminate term.
21DIVISION VI
22CRIMINALISTICS LABORATORY FUND
23 Sec. 38. Section 691.9, Code 2019, is amended to read as
24follows:
25691.9 Criminalistics laboratory fund.
26A criminalistics laboratory fund is created as a separate
27fund in the state treasury under the control of the department
28of public safety. The fund shall consist of appropriations
29made to the fund and transfers of interest, moneys collected
30from the crime services surcharge established in section 911.1,
31 and earnings. All moneys in the fund are appropriated to
32the department of public safety for use by the department in
33criminalistics laboratory equipment and supply purchasing,
34maintenance, depreciation, the department of administrative
35services utility service fee for the criminalistics laboratory
-34-1facility in Ankeny, and training. Any balance in the fund on
2June 30 of any fiscal year shall not revert to any other fund of
3the state but shall remain available for the purposes described
4in this section.
5DIVISION VII
6DRUG ABUSE RESISTANCE EDUCATION FUND
7 Sec. 39. NEW SECTION. 80E.4 Drug abuse resistance education
8fund.
9A drug abuse resistance education fund is created as a
10separate fund in the state treasury under the control of the
11governor’s office of drug control policy for use by the drug
12abuse resistance education program and other programs with a
13similar purpose. The fund shall consist of appropriations made
14to the fund and transfers of interest, moneys collected from
15the crime services surcharge established in section 911.1,
16and earnings. All moneys in the fund are appropriated to the
17governor’s office of drug control policy. Notwithstanding
18section 8.33, any balance in the fund on June 30 of any fiscal
19year shall not revert to any other fund of the state but shall
20remain available for the purposes described in this section.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to surcharges added to criminal penalties,
25court funds, civil fees, misdemeanor and felony fines and fines
26associated with scheduled violations.
27DIVISION I — SURCHARGES ADDED TO CRIMINAL PENALTIES.
28 Division I changes the name of the criminal penalty surcharge
29to the crime services surcharge and modifies the distribution
30of the surcharge moneys. Currently, the clerk of the district
31court remits 5 percent of the criminal penalty surcharge to
32the county treasurer of the county that was the plaintiff in
33the action or to the city that was the plaintiff in the action
34and the remaining 95 percent of the criminal penalty surcharge
35moneys as follows: 17 percent is deposited in the victim
-35-1compensation fund established in Code section 915.94, and 83
2percent is deposited in the general fund of the state.
3Under Division I, the clerk of the district court remits 15
4percent of the crime services surcharge to the county treasurer
5of the county that was the plaintiff in the action or to the
6city that was the plaintiff in the action. Additionally,
7under the division, the clerk of the district court remits the
8remaining 85 percent of the crime services surcharge moneys as
9follows: 59 percent is deposited in the victim compensation
10fund established in Code section 915.94, 38 percent is
11deposited in the criminalistics laboratory fund established in
12Code section 691.9 and 3 percent is deposited in the drug abuse
13resistance education fund established in Code section 80E.4.
14Division I provides that the state court administrator shall
15deposit monthly the portion of the moneys collected from the
16assessment of the crime services surcharge and remitted to the
17state court administrator to the victim compensation fund and
18to the criminalistics laboratory fund.
19Division I combines two surcharges into one Code section:
20the domestic abuse assault, sexual abuse, stalking, and human
21trafficking victim surcharge established in Code section 911.2B
22and the domestic abuse protective order contempt surcharge
23established in Code section 911.2C. The new surcharge amount
24is $90. The surcharge is assessed if an adjudication of guilt
25or deferred judgment has been entered for a violation of Code
26section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a
27defendant is held in contempt of court for violating a domestic
28abuse protective order issued pursuant to Code chapter 236.
29After combining the surcharges, the division repeals the second
30surcharge in Code section 911.2C.
31Division I requires that a person convicted of a crime
32relating to agricultural property (agricultural property
33offense) is subject to surcharge (agricultural property offense
34surcharge) equal to 35 percent of the fine or forfeiture
35imposed by the court. The moneys are required to be remitted
-36-1by the clerk of court to the state court administrator and are
2appropriated to the judicial branch for purposes of supporting
3judicial branch operations.
4The agricultural property offense must involve either: (1)
5the theft of agricultural property or (2) criminal mischief
6for damaging, defacing, altering, or destroying agricultural
7property. In addition, it must be classified as a first degree
8offense (class “C” felony), second degree offense (class “D”
9felony), or third degree offense (aggravated misdemeanor).
10The agricultural property is limited to: (1) a crop, (2)
11livestock, or (3) honey bees or associated items.
12The degree of the offense for theft or criminal mischief, and
13its punishment, corresponds to the dollar amount of the value
14of the property subject to the offense. If the value exceeds
15$10,000, the offense is theft or criminal mischief in the first
16degree and punishable as a class “C” felony with confinement
17for no more than 10 years. If the value exceeds $1,000 but
18does not exceed $10,000, the offense is classified as theft
19or criminal mischief in the second degree and punishable as
20a class “D” felony with confinement for no more than five
21years. If the value exceeds $500 but does not exceed $1,000,
22the offense is classified as theft or criminal mischief in
23the third degree and punishable as an aggravated misdemeanor
24with confinement for no more than two years. See Division V
25for current and proposed law on misdemeanor and felony fine
26amounts.
27Division I repeals the law enforcement initiative
28surcharge in Code section 911.3 and the drug abuse resistance
29education surcharge in Code section 911.2. Division I makes
30corresponding changes to the Code.
31DIVISION II — COURT FUNDS. Division II increases the
32allocation to the court technology and modernization fund from
33$1 million to $9 million in Code section 602.8108. Division
34II repeals the enhanced court collections fund in Code section
35602.1304(2). Division II makes corresponding changes to
-37-1the Code. Division II provides that any unobligated or
2unencumbered moneys remaining in the enhanced court collections
3fund in Code section 602.1304 at the end of the fiscal year
4beginning July 1, 2018, and ending June 30, 2019, shall be
5transferred to the court technology and modernization fund.
6DIVISION III — CIVIL FEES. Division III amends Code
7sections 602.8105 and 631.6 to increase fees in civil cases
8by $20, except no increase was made for an appeal from a
9judgment in small claims and the filing fee for an adoption was
10eliminated.
11Division III provides that the judicial branch shall conduct
12a study to determine whether the current fee to appear pro
13hac vice is appropriate. Division III provides that if the
14judicial branch determines that the fee to appear pro hac vice
15is not appropriate, the judicial branch shall adjust the fee
16accordingly.
17DIVISION IV — SCHEDULED VIOLATIONS. Division IV
18reclassifies the following simple misdemeanors as simple
19misdemeanors punishable as scheduled violations: violations of
20Code section 321.24 (issuance of registration and certificate
21of title), violations of Code section 321.260(2) (unlawful
22possession of traffic-control device), violations of Code
23section 321.262 (leaving the scene of an accident), violations
24of Code section 321.264 (striking unattended vehicle),
25violations of Code section 321.265 (striking fixtures upon
26a highway), violations of Code section 321.324A (funeral
27processions), violations of Code section 321.371 (clearing up
28wrecks), violations of Code section 321.383 (exceptions — slow
29vehicles identified), and violations of Code section 321.431
30(brake performance).
31Division IV raises nearly all of the amounts for simple
32misdemeanors punishable as scheduled violations in Code
33sections 805.8A (motor vehicle and transportation), 805.8B
34(navigation, recreation, hunting, and fishing), and 805.8C
35(miscellaneous), by approximately 28 percent.
-38- 1DIVISION V — MISDEMEANOR AND FELONY FINES. Division
2V modifies the minimum and maximum criminal fines for
3misdemeanors and felonies. Currently, a simple misdemeanor
4fine ranges from $65 to $625, a serious misdemeanor fine ranges
5from $315 to $1,875, an aggravated misdemeanor fine ranges
6from $625 to $6,250, a class “D” felony fine ranges from $750
7to $7,500, and a class “C” felony fine ranges from $1,000 to
8$10,000. Under Division V, a simple misdemeanor fine ranges
9from $90 to $855, a serious misdemeanor fine ranges from $430
10to $2,560, an aggravated misdemeanor fine ranges from $855 to
11$8,540, a class “D” felony fine ranges from $1,025 to $10,245,
12and a class “C” felony fine ranges from $1,370 to $13,660.
13DIVISION VI — CRIMINALISTICS LABORATORY FUND. Division VI
14provides that the criminalistics laboratory fund shall consist
15not only of appropriations made to the fund and transfers of
16interest, but also of moneys collected from the crime services
17surcharge established in Code section 911.1. Division VI
18also provides that the moneys in the fund appropriated to the
19department of public safety are for use by the department for
20the department of administrative services utility service
21fee for the criminalistics laboratory facility in Ankeny, in
22addition to the currently authorized criminalistics laboratory
23equipment and supply purchasing, maintenance, depreciation, and
24training.
25DIVISION VII — DRUG ABUSE RESISTANCE EDUCATION FUND.
26 Division VII establishes a drug abuse resistance education
27fund in the state treasury under the control of the governor’s
28office of drug control policy for use by the drug abuse
29resistance education program and other programs with a similar
30purpose. Division VII provides that the fund shall consist
31of appropriations made to the fund and transfers of interest,
32moneys collected from the crime services surcharge established
33in Code section 911.1, and earnings. Division VII provides
34that all moneys in the fund are appropriated to the governor’s
35office of drug control policy and that any balance in the fund
-39-1on June 30 of any fiscal year shall not revert to any other
2fund of the state but shall remain available for the purposes
3described in Division VII.
-40-asf/jh
2court funds, civil fees, misdemeanor and felony fines, and
3fines associated with scheduled violations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2surcharges added to criminal penalties
3 Section 1. Section 331.302, subsection 2, Code 2019, is
4amended to read as follows:
52. For a violation of an ordinance a county shall not
6provide a penalty in excess of the maximum fine and term of
7imprisonment for a simple misdemeanor under section 903.1,
8subsection 1, paragraph “a”. The criminal penalty crime
9services surcharge required by section 911.1 shall be added to
10a county fine and is not a part of the county’s penalty.
11 Sec. 2. Section 364.3, subsection 2, Code 2019, is amended
12to read as follows:
132. For a violation of an ordinance a city shall not
14provide a penalty in excess of the maximum fine and term of
15imprisonment for a simple misdemeanor under section 903.1,
16subsection 1, paragraph “a”. An amount equal to ten percent of
17all fines collected by cities shall be deposited in the account
18established in section 602.8108. However, one hundred percent
19of all fines collected by a city pursuant to section 321.236,
20subsection 1, shall be retained by the city. The criminal
21penalty crime services surcharge required by section 911.1
22shall be added to a city fine and is not a part of the city’s
23penalty.
24 Sec. 3. Section 602.8102, subsection 135A, Code 2019, is
25amended to read as follows:
26135A. Assess the surcharges provided by sections 911.1,
27911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
28 Sec. 4. Section 602.8107, subsection 2, paragraph c,
29subparagraph (2), Code 2019, is amended to read as follows:
30(2) Fines or penalties and criminal penalty and law
31enforcement initiative surcharges the crime services surcharge.
32 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code
332019, is amended to read as follows:
34a. This subsection does not apply to amounts collected for
35victim restitution, the victim compensation fund, the criminal
-1-1penalty crime services surcharge, sex offender civil penalty,
2drug abuse resistance education surcharge, the law enforcement
3initiative surcharge, county enforcement surcharge, amounts
4collected as a result of procedures initiated under subsection
55 or under section 8A.504, or fees charged pursuant to section
6356.7.
7 Sec. 6. Section 602.8108, subsections 3, 4, 5, and 7, Code
82019, are amended to read as follows:
93. The clerk of the district court shall remit to the state
10court administrator, not later than the fifteenth day of each
11month, ninety-five eighty-five percent of all moneys collected
12from the criminal penalty crime services surcharge provided in
13section 911.1 during the preceding calendar month. The clerk
14shall remit the remainder to the county treasurer of the county
15that was the plaintiff in the action or to the city that was
16the plaintiff in the action. Of the amount received from the
17clerk, the state court administrator shall allocate seventeen
18 and deposit each month fifty-nine percent to be deposited in
19the victim compensation fund established in section 915.94,
20and eighty-three percent to be deposited in the general fund
21 thirty-eight percent in the criminalistics laboratory fund
22established in section 691.9, and three percent in the drug
23abuse resistance education fund established in section 80E.4.
244. The clerk of the district court shall remit all moneys
25collected from the drug abuse resistance education surcharge
26provided in section 911.2 to the state court administrator
27for deposit in the general fund of the state and the amount
28deposited is appropriated to the governor’s office of drug
29control policy for use by the drug abuse resistance education
30program and other programs directed for a similar purpose.
315. The clerk of the district court shall remit all
32moneys collected from the assessment of the law enforcement
33initiative surcharge provided in section 911.3 to the state
34court administrator no later than the fifteenth day of each
35month for deposit in the general fund of the state. The clerk
-2-1of the district court shall remit all moneys collected from
2the agricultural property offense surcharge as provided in
3section 911.5 to the state court administrator. The moneys are
4appropriated to the judicial branch for purposes of supporting
5judicial branch operations.
67. The clerk of the district court shall remit all moneys
7collected from the assessment of the surcharges provided in
8sections 911.2B and 911.2C to the state court administrator for
9deposit in the address confidentiality program revolving fund
10created in section 9.8.
11 Sec. 7. Section 805.8, subsection 1, Code 2019, is amended
12to read as follows:
131. Application. Except as otherwise indicated, violations
14of sections of the Code specified in sections 805.8A, 805.8B,
15and 805.8C are scheduled violations, and the scheduled fine
16for each of those violations is as provided in those sections,
17whether the violation is of state law or of a county or city
18ordinance. The criminal penalty crime services surcharge
19required by section 911.1 and the county enforcement surcharge
20required by section 911.4, if applicable, shall be added to the
21scheduled fine.
22 Sec. 8. Section 902.9, subsection 2, Code 2019, is amended
23to read as follows:
242. The surcharges required by sections 911.1, 911.2,
25 911.2A, and 911.3 911.5 shall be added to a fine imposed on a
26class “C” or class “D” felon, as provided by those sections,
27and are not a part of or subject to the maximums set in this
28section.
29 Sec. 9. Section 903.1, subsection 4, Code 2019, is amended
30to read as follows:
314. The surcharges required by sections 911.1, 911.2,
32 911.2A, 911.3, and 911.4, and 911.5 shall be added to a fine
33imposed on a misdemeanant as provided in those sections,
34and are not a part of or subject to the maximums set in this
35section.
-3-1 Sec. 10. Section 911.1, Code 2019, is amended to read as
2follows:
3911.1 Criminal penalty Crime services surcharge.
41. A criminal penalty crime services surcharge shall be
5levied against law violators as provided in this section.
6When a court imposes a fine or forfeiture for a violation of
7state law, or a city or county ordinance, except an ordinance
8regulating the parking of motor vehicles, the court or the
9clerk of the district court shall assess an additional penalty
10in the form of a criminal penalty crime services surcharge
11equal to thirty-five ten percent of the fine or forfeiture
12imposed.
132. In the event of multiple offenses, the surcharge shall
14be based upon the total amount of fines or forfeitures imposed
15for all offenses.
163. When a fine or forfeiture is suspended in whole or in
17part, the court shall reduce the surcharge in proportion to the
18amount suspended.
194. The surcharge is subject to the provisions of chapter
20909 governing the payment and collection of fines, as provided
21in section 909.8.
225. The surcharge shall be remitted by the clerk of court as
23provided in section 602.8108, subsection 3.
24 Sec. 11. Section 911.2A, subsection 1, Code 2019, is amended
25to read as follows:
261. In addition to any other surcharge, the court or clerk
27of the district court shall assess a human trafficking victim
28surcharge of one thousand dollars if an adjudication of
29guilt or a deferred judgment has been entered for a criminal
30violation of section 725.1, subsection 2, or section 710A.2,
31725.2, or 725.3.
32 Sec. 12. Section 911.2B, Code 2019, is amended to read as
33follows:
34911.2B Domestic abuse assault, domestic abuse protective
35order contempt, sexual abuse, stalking, and human trafficking
-4-1victim surcharge.
21. In addition to any other surcharge, the court or clerk
3of the district court shall assess a domestic abuse assault,
4domestic abuse protective order contempt, sexual abuse,
5stalking, and human trafficking victim surcharge of one hundred
6 ninety dollars if an adjudication of guilt or a deferred
7judgment has been entered for a violation of section 708.2A,
8708.11, or 710A.2, or chapter 709, or if a defendant is held
9in contempt of court for violating a domestic abuse protective
10order issued pursuant to chapter 236.
112. In the event of multiple offenses, the surcharge shall be
12imposed for each applicable offense.
133. The surcharge shall be remitted by the clerk of court as
14provided in section 602.8108, subsection 7.
15 Sec. 13. NEW SECTION. 911.5 Agricultural property offense
16surcharge.
171. In addition to any other surcharge, the court or clerk
18of the district court shall assess an agricultural property
19offense surcharge equal to thirty-five percent of the fine or
20forfeiture imposed upon a conviction for committing any of the
21following:
22a. Theft of agricultural property under section 714.2,
23subsection 1, 2, or 3.
24b. Criminal mischief under section 716.3, 716.4, or 716.5,
25by damaging, defacing, altering, or destroying agricultural
26property.
272. As used in this section, agricultural property means any
28of the following:
29a. A crop as defined in section 717A.1.
30b. Livestock as defined in section 717.1.
31c. (1) A colony or package as defined in section 160.1A,
32or a hive where bees are kept as described in section 160.5,
33if the department of agriculture and land stewardship is
34authorized by that chapter to inspect the colony, package, or
35hive or to regulate the movement of the colony, package, or
-5-1hive.
2(2) A queen bee that is part of a colony or is being moved
3to be part of a colony as described in subparagraph (1).
43. The surcharge shall be remitted by the clerk of the
5district court as provided in section 602.8108, subsection 5.
6 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code
72019, are repealed.
8DIVISION II
9court funds
10 Sec. 15. Section 602.1302, subsection 1, Code 2019, is
11amended to read as follows:
121. Except as otherwise provided by sections 602.1303,
13602.1304, and 602.8108 or other applicable law, the expenses of
14operating and maintaining the judicial branch shall be paid out
15of the general fund of the state from funds appropriated by the
16general assembly for the judicial branch. State funding shall
17be phased in as provided in section 602.11101.
18 Sec. 16. Section 602.1304, subsection 1, Code 2019, is
19amended to read as follows:
201. Except as provided in article 8 and subsection 2 of this
21section, all fees and other revenues collected by judicial
22officers and court employees shall be paid into the general
23fund of the state.
24 Sec. 17. Section 602.1304, subsection 2, Code 2019, is
25amended by striking the subsection.
26 Sec. 18. Section 602.8108, subsection 9, Code 2019, is
27amended by striking the subsection and inserting in lieu
28thereof the following:
299. a. A court technology and modernization fund is
30established as a separate fund in the state treasury. The
31state court administrator shall allocate nine million dollars
32of the moneys received under subsection 2 to be deposited in
33the fund, which shall be administered by the judicial branch.
34b. The moneys in the fund used to enhance the ability of the
35judicial branch to process cases more quickly and efficiently,
-6-1to electronically transmit information to state government,
2local governments, law enforcement agencies, and the public,
3and to improve public access to the court system. The moneys
4in the collection fund may also be used for any the following:
5(1) The Iowa court information system.
6(2) Records management, equipment, services, and projects.
7(3) Other technological improvements approved by the
8judicial branch.
9(4) Electronic legal research equipment, systems, and
10projects.
11(5) The study, development, and implementation of other
12innovations and projects that would improve the administration
13of justice.
14(6) Capital improvements necessitated by the installation
15of or connection with the Iowa court information system, the
16Iowa communications network, or other like networks.
17c. The fund shall be separate from the general fund of
18the state and the balance in the fund shall not be considered
19part of the balance of the general fund of the state.
20Notwithstanding section 8.33, moneys in the fund shall not
21revert to the general fund. Notwithstanding section 12C.7,
22subsection 2, interest or earnings on moneys in the court
23technology and modernization fund shall remain in the court
24technology and modernization fund and any interest and earnings
25shall be in addition to the maximum annual deposit amount.
26 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated
27or unencumbered moneys remaining in the enhanced court
28collections fund in section 602.1304 at the end of the fiscal
29year beginning July 1, 2018, and ending June 30, 2019, shall be
30transferred to the court technology and modernization fund.
31DIVISION III
32civil fees
33 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019,
34are amended to read as follows:
351. The clerk of the district court shall collect the
-7-1following fees:
2a. Except as otherwise provided in this subsection, for
3filing and docketing a petition, one two hundred eighty-five
4 five dollars. In counties having a population of ninety-eight
5thousand or over, an additional five dollars shall be charged
6and collected to be known as the journal publication fee and
7used for the purposes provided for in section 618.13.
8b. For filing and docketing a petition for dissolution
9of marriage, which includes the docketing of any dissolution
10decree, two hundred seventy-five dollars. It is the intent of
11the general assembly that twenty percent of the funds generated
12from these fees be appropriated and used for sexual assault
13and domestic violence centers and eighty percent of the funds
14generated from these fees be appropriated to the general fund
15of the state.
16b. c. For filing and docketing a petition pursuant to
17chapter 598 other than a dissolution of marriage petition, one
18hundred twenty dollars.
19c. d. For filing and docketing an application for
20modification of a dissolution decree to which a written
21stipulation is attached at the time of filing containing the
22agreement of the parties to the terms of modification, one
23hundred twenty dollars.
24d. For entering a final decree of dissolution of marriage,
25fifty dollars. It is the intent of the general assembly that
26the funds generated from the dissolution fees be appropriated
27and used for sexual assault and domestic violence centers.
28e. For filing and docketing a petition for adoption
29pursuant to chapter 600, one hundred zero dollars. For
30multiple adoption petitions filed at the same time by the same
31petitioner under section 600.3, the filing fee and any court
32costs for any petition filed in addition to the first petition
33filed are waived.
34f. For filing and docketing a small claims action, the
35amounts specified in section 631.6.
-8- 1g. For an appeal from a judgment in small claims or for
2filing and docketing a writ of error, one hundred eighty-five
3dollars.
4h. For a motion to show cause in a civil case, fifty seventy
5 dollars.
6i. For filing and docketing a transcript of the judgment in
7a civil case, fifty seventy dollars.
8j. For filing a tribal judgment, one hundred twenty dollars.
92. The clerk of the district court shall collect the
10following fees for miscellaneous services:
11a. For filing and entering any other statutory lien, fifty
12 seventy dollars.
13b. For a certificate and seal, twenty forty dollars.
14However, there shall be no charge for a certificate and seal to
15an application to procure a pension, bounty, or back pay for a
16member of the armed services or other person.
17c. For certifying a change in title of real estate, fifty
18 seventy dollars.
19d. For filing a praecipe to issue execution under chapter
20626, twenty-five forty-five dollars. The fee shall be
21recoverable by the creditor from the debtor against whom the
22execution is issued. A fee payable by a political subdivision
23of the state under this paragraph shall be collected by the
24clerk of the district court as provided in section 602.8109.
25However, the fee shall be waived and shall not be collected
26from a political subdivision of the state if a county attorney
27or county attorney’s designee is collecting a delinquent
28judgment pursuant to section 602.8107, subsection 4.
29e. For filing a praecipe to issue execution under chapter
30654, fifty seventy dollars.
31f. For filing a confession of judgment under chapter 676,
32fifty seventy dollars if the judgment is five thousand dollars
33or less, and one hundred twenty dollars if the judgment exceeds
34five thousand dollars.
35g. For filing a lis pendens, fifty seventy dollars.
-9- 1h. For applicable convictions under section 692A.110 prior
2to July 1, 2009, a civil penalty of two hundred twenty dollars,
3and for applicable convictions under section 692A.110 on or
4after July 1, 2009, a civil penalty of two hundred fifty
5 seventy dollars.
6i. Other fees provided by law.
7 Sec. 21. Section 631.6, subsection 1, paragraphs a and c,
8Code 2019, are amended to read as follows:
9a. Fees for filing and docketing shall be eighty-five one
10hundred five dollars.
11c. Postage charged for the mailing of original notice shall
12be ten thirty dollars.
13 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial
14branch shall conduct a study to determine whether the amount of
15the current fee to appear pro hac vice is appropriate. If the
16judicial branch determines that the fee to appear pro hac vice
17is not appropriate, the judicial branch shall adjust the fee
18accordingly.
19DIVISION IV
20scheduled violations
21 Sec. 23. Section 321.24, subsection 12, Code 2019, is
22amended to read as follows:
2312. A person who violates this section commits a simple
24misdemeanor punishable as a scheduled violation under section
25805.8A, subsection 2, paragraph “b”.
26 Sec. 24. Section 321.260, subsection 2, Code 2019, is
27amended to read as follows:
282. It shall be unlawful for any person to have in the
29person’s possession any official traffic-control device
30except by legal right or authority. Any person convicted
31of unauthorized possession of any official traffic-control
32device shall upon conviction be guilty of a simple misdemeanor
33punishable as a scheduled violation under section 805.8A,
34subsection 8, paragraph “c”. In addition to any other
35penalties, the punishment imposed for a violation of this
-10-1subsection shall include assessment of a fine of not less than
2two three hundred fifty twenty dollars.
3 Sec. 25. Section 321.262, subsection 2, Code 2019, is
4amended to read as follows:
52. The drivershall remain at the scene of the accident
6until the driver has fulfilled the requirements of section
7321.263. Any person failing to remain at the scene of the
8accident or fulfill the requirements of section 321.263 under
9such circumstances shall be guilty of a simple misdemeanor
10and punished as provided in section 321.482 punishable as
11a scheduled violation under section 805.8A, subsection 14,
12paragraph “m”.
13 Sec. 26. Section 321.264, Code 2019, is amended to read as
14follows:
15321.264 Striking unattended vehicle.
16The driver of any vehicle which collides with any vehicle
17which is unattended shall immediately stop and shall then and
18there either locate and notify the operator or owner of such
19vehicle of the name and address of the driver and owner of the
20vehicle striking the unattended vehicle or shall leave in a
21conspicuous place in the vehicle struck a written notice giving
22the name and address of the driver and of the owner of the
23vehicle doing the striking and a statement of the circumstances
24thereof. A person who violates this section commits a simple
25misdemeanor punishable as a scheduled violation under section
26805.8A, subsection 14, paragraph “n”.
27 Sec. 27. Section 321.265, Code 2019, is amended to read as
28follows:
29321.265 Striking fixtures upon a highway.
30The driver of a vehicle involved in an accident resulting
31in damage to property legally upon or adjacent to a highway
32shall take reasonable steps to locate and notify the owner,
33a peace officer, or person in charge of the damaged property
34of the damage and shall inform the person of the driver’s name
35and address and the registration number of the vehicle causing
-11-1the damage and shall, upon request and if available, exhibit
2the driver’s license of the driver of the vehicle and shall
3report the accident when and as required in section 321.266. A
4person who violates this section commits a simple misdemeanor
5punishable as a scheduled violation under section 805.8A,
6subsection 14, paragraph “o”.
7 Sec. 28. Section 321.324A, Code 2019, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 4. A person who violates this section
10commits a simple misdemeanor punishable as a scheduled
11violation under section 805.8A, subsection 6, paragraph “s”.
12 Sec. 29. Section 321.371, subsection 2, Code 2019, is
13amended to read as follows:
142. A person who violates this section commits a simple
15misdemeanor punishable as a scheduled violation under section
16805.8A, subsection 14, paragraph “q”.
17 Sec. 30. Section 321.383, subsection 4, Code 2019, is
18amended to read as follows:
194. Any Except as provided in subsection 5, any person
20who violates any provision of this section shall be fined
21as provided in commits a simple misdemeanor punishable as a
22scheduled violation under section 805.8A, subsection 3.
23 Sec. 31. Section 321.383, Code 2019, is amended by adding
24the following new subsection:
25 NEW SUBSECTION. 5. A person who operates a self-propelled
26implement of husbandry at a speed which exceeds the limit
27of thirty-five miles per hour commits a simple misdemeanor
28punishable as a scheduled violation under section 805.8A,
29subsection 5.
30 Sec. 32. Section 321.431, subsection 6, Code 2019, is
31amended to read as follows:
326. A person who violates this section commits a simple
33misdemeanor punishable as a scheduled violation under section
34805.8A, subsection 3, paragraph “ad”.
35 Sec. 33. Section 805.8A, Code 2019, is amended to read as
-12-1follows:
2805.8A Motor vehicle and transportation scheduled violations.
31. Parking violations.
4a. For parking violations under sections 321.236, 321.239,
5321.358, 321.360, and 321.361, the scheduled fine is five
6dollars, except if the local authority has established the
7fine by ordinance. The scheduled fine for a parking violation
8pursuant to section 321.236 increases by five dollars if
9authorized by ordinance and if the parking violation is not
10paid within thirty days of the date upon which the violation
11occurred. For purposes of calculating the unsecured appearance
12bond required under section 805.6, the scheduled fine shall
13be five dollars, or if the amount of the fine is greater than
14five dollars, the unsecured appearance bond shall be the amount
15of the fine established by the local authority. However,
16violations charged by a city or county upon simple notice of a
17fine instead of a uniform citation and complaint required by
18section 321.236, subsection 1, paragraph “b”, are not scheduled
19violations, and this section shall not apply to any offense
20charged in that manner. For a parking violation under section
21461A.38, the scheduled fine is ten dollars. For a parking
22violation under section 321.362, the scheduled fine is twenty
23dollars.
24b. For a parking violation under section 321L.2A, subsection
252, the scheduled fine is twenty dollars.
26c. For violations under section 321L.2A, subsection 3,
27sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
28scheduled fine is two hundred dollars.
292. Title and registration violations. For title or
30registration violations under the following sections, the
31scheduled fine is as follows:
32a. Section 321.17$ 50 $ 65.
33b. Section 321.24$130.
34b. c. Section 321.25$100 $130.
35c. d. Section 321.32$ 20 $ 25.
-13- 1d. e. Section 321.34$ 20 $ 25.
2e. f. Section 321.37$ 20 $ 25.
3f. g. Section 321.38$ 20 $ 25.
4g. h. Section 321.41$ 20 $ 25.
5h. i. Section 321.45$100 $130.
6i. j. Section 321.46$100 $130.
7j. k. Section 321.47$100 $130.
8k. l. Section 321.48$100 $130.
9l. m. Section 321.52$100 $130.
10m. n. Section 321.55$ 50 $ 65.
11n. o. Section 321.57$100 $130.
12o. p. Section 321.62$100 $130.
13p. q. Section 321.67$100 $130.
14q. r. Section 321.98$ 50 $ 65.
15r. s. Section 321.99$200 $255.
16s. t. Section 321.104$100 $130.
17t. u. Section 321.115$ 30 $ 40.
18u. v. Section 321.115A$ 30 $ 40.
193. Equipment violations. For equipment violations under the
20following sections, the scheduled fine is as follows:
21a. Section 321.234A$ 50 $ 65.
22b. Section 321.247$100 $130.
23c. Section 321.317$ 20 $ 25.
24d. Section 321.381$100 $130.
25e. Section 321.381A$100 $130.
26f. Section 321.382$ 25 $ 30.
27g. Section 321.383, subsection 4$ 30 $ 40.
28h. Section 321.384$ 30 $ 40.
29i. Section 321.385$ 30 $ 40.
30j. Section 321.386$ 30 $ 40.
31k. Section 321.387$ 20 $ 25.
32l. Section 321.388$ 20 $ 25.
33m. Section 321.389$ 20 $ 25.
34n. Section 321.390$ 20 $ 25.
35o. Section 321.392$ 20 $ 25.
-14- 1p. Section 321.393$ 20 $ 25.
2q. Section 321.398$ 30 $ 40.
3r. Section 321.402$ 30 $ 40.
4s. Section 321.403$ 30 $ 40.
5t. Section 321.404$ 30 $ 40.
6u. Section 321.404A$ 25 $ 30.
7v. Section 321.409$ 30 $ 40.
8w. Section 321.415$ 30 $ 40.
9x. Section 321.419$ 30 $ 40.
10y. Section 321.420$ 30 $ 40.
11z. Section 321.421$ 30 $ 40.
12aa. Section 321.422$ 20 $ 25.
13ab. Section 321.423$ 30 $ 40.
14ac. Section 321.430$100 $130.
15ad. Section 321.431$130.
16ad. ae. Section 321.432$ 20 $ 25.
17ae. af. Section 321.433$ 30 $ 40.
18af. ag. Section 321.436$ 20 $ 25.
19ag. ah. Section 321.438$ 50 $ 65.
20ah. ai. Section 321.439$ 20 $ 25.
21ai. aj. Section 321.440$ 20 $ 25.
22aj. ak. Section 321.441$ 20 $ 25.
23ak. al. Section 321.442$ 20 $ 25.
24al. am. Section 321.444$ 20 $ 25.
254. Driver’s license violations. For driver’s license
26violations under the following sections, the scheduled fine is
27as follows:
28a. Section 321.174$ 200 $ 255.
29b. Section 321.174A$ 50 $ 65.
30c. Section 321.178, subsection 2,
31paragraph “a”, subparagraph (2)$ 30 $ 40.
32d. Section 321.180$ 50 $ 65.
33e. Section 321.180B$ 50 $ 65.
34f. Section 321.193$ 50 $ 65.
35g. Section 321.194$ 50 $ 65.
-15- 1h. Section 321.216$ 100 $ 130.
2i. Section 321.216B$ 200 $ 255.
3j. Section 321.216C$ 200 $ 255.
4k. Section 321.219$ 200 $ 255.
5l. Section 321.220$ 200 $ 255.
65. Speed violations.
7a. For excessive speed violations in excess of the limit
8under section 321.236, subsections 5 and 11, sections section
9 321.285, section 321.383, subsection 5, and section 461A.36,
10the scheduled fine shall be the following:
11(1) Twenty Twenty-five dollars for speed not more than five
12miles per hour in excess of the limit.
13(2) Forty Fifty dollars for speed greater than five but not
14more than ten miles per hour in excess of the limit.
15(3) Eighty One hundred dollars for speed greater than ten
16but not more than fifteen miles per hour in excess of the
17limit.
18(4) Ninety One hundred fifteen dollars for speed greater
19than fifteen but not more than twenty miles per hour in excess
20of the limit.
21(5) One hundred thirty dollars plus five dollars for each
22mile per hour of excessive speed over twenty miles per hour
23over the limit.
24b. Excessive speed by a school bus is punishable as provided
25in subsection 10.
26c. Excessive speed in conjunction with a violation of
27section 321.278 is not a scheduled violation, whatever the
28amount of excess speed.
29d. For a violation under section 321.295, the scheduled fine
30is fifty sixty-five dollars.
316. Operating violations. For operating violations under the
32following sections, the scheduled fine is as follows:
33a. Section 321.236, subsections 3, 4, 9,
34 and 12$ 20 $ 25.
35b. Section 321.275, subsections 1
-16-1through 7$ 35 $ 45.
2c. Section 321.277A$ 35 $ 45.
3d. Section 321.288$100 $130.
4e. Section 321.297$100 $130.
5f. Section 321.299$100 $130.
6g. Section 321.302$100 $130.
7h. Section 321.303$100 $130.
8i. Section 321.304, subsections 1
9and 2$100 $130.
10j. Section 321.305$100 $130.
11k. Section 321.306$100 $130.
12l. Section 321.311$100 $130.
13m. Section 321.312$100 $130.
14n. Section 321.314$100 $130.
15o. Section 321.315$ 35 $ 45.
16p. Section 321.316$ 35 $ 45.
17q. Section 321.318$ 35 $ 45.
18r. Section 321.323$100 $130.
19s. Section 321.324A$130.
20s. t. Section 321.340$100 $130.
21t. u. Section 321.353$100 $130.
22u. v. Section 321.354$100 $130.
23v. w. Section 321.363$ 35 $ 45.
24w. x. Section 321.365$ 35 $ 45.
25x. y. Section 321.366$100 $130.
26y. z. Section 321.395$100 $130.
277. Failure to yield or obey violations. For failure to yield
28or obey violations under the following sections, the scheduled
29fine is as follows:
30a. Section 321.257, subsection 2,
31for a violation by an operator of a
32motor vehicle$100 $130.
33b. Section 321.298$100 $130.
34c. Section 321.307$100 $130.
35d. Section 321.308$100 $130.
-17- 1e. Section 321.313$100 $130.
2f. Section 321.319$100 $130.
3g. Section 321.320$100 $130.
4h. Section 321.321$100 $130.
5i. Section 321.327$100 $130.
6j. Section 321.329$100 $130.
7k. Section 321.333$100 $130.
88. Traffic sign or signal violations. For traffic sign or
9signal violations under the following sections, the scheduled
10fine is as follows:
11a. Section 321.236, subsections 2 and 6$ 35 $ 45.
12b. Section 321.256$100 $130.
13c. Section 321.260, subsection 2$130.
14c. d. Section 321.294$100 $130.
15d. e. Section 321.304, subsection 3$100 $130.
16e. f. Section 321.322$100 $130.
179. Bicycle or pedestrian violations. For bicycle or
18pedestrian violations under the following sections, the
19scheduled fine for a pedestrian or bicyclist is as follows:
20a. Section 321.234, subsections 3 and 4$ 25 $ 30.
21b. Section 321.236, subsection 10$ 15 $ 20.
22c. Section 321.257, subsection 2$ 25 $ 30.
23d. Section 321.275, subsection 8$ 25 $ 30.
24e. Section 321.325$ 25 $ 30.
25f. Section 321.326$ 25 $ 30.
26g. Section 321.328$ 25 $ 30.
27h. Section 321.331$ 25 $ 30.
28i. Section 321.332$ 25 $ 30.
29j. Section 321.397$ 25 $ 30.
30k. Section 321.434$ 25 $ 30.
319A. Electric personal assistive mobility device
32violations. For violations under section 321.235A, the
33scheduled fine is fifteen twenty dollars.
3410. School bus violations. For violations by an operator of
35a school bus under sections 321.285 and 321.372, subsections
-18-11 and 2, the scheduled fine is one hundred thirty dollars.
2However, an excessive speed violation by a school bus of
3more than ten miles per hour in excess of the limit is not a
4scheduled violation.
511. a. Emergency vehicle and equipment-related
6violations. For violations relating to authorized emergency
7vehicles, fire apparatus and equipment, and police bicycles
8under the following sections, the scheduled fine is as follows:
9(1) Section 321.231$100 $130.
10(2) Section 321.323A, subsection 1$100 $130.
11(3) Section 321.324$100 $130.
12(4) Section 321.367$100 $130.
13(5) Section 321.368$100 $130.
14b. Violations relating to stationary nonemergency vehicles.
15For violations relating to the approach of certain stationary
16nonemergency vehicles under section 321.323A, subsections 2 and
173, the scheduled fine is one hundred thirty dollars.
1812. Restrictions on vehicles.
19a. For violations under sections 321.309, 321.310, 321.394,
20321.461, and 321.462, the scheduled fine is thirty-five
21 forty-five dollars.
22b. For violations under section 321.437, the scheduled fine
23is thirty-five forty-five dollars.
24c. For height, length, width, and load violations under
25sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
26scheduled fine is two hundred fifty-five dollars.
27d. For violations under section 321.466, the scheduled fine
28is twenty twenty-five dollars for each two thousand pounds or
29fraction thereof of overweight.
30e. (1) Violations of the schedule of axle and tandem axle
31and gross or group of axle weight violations in section 321.463
32shall be scheduled violations subject to the provisions,
33procedures, and exceptions contained in sections 805.6 through
34805.11, irrespective of the amount of the fine under that
35schedule.
-19- 1(a) Violations of the schedule of weight violations shall be
2chargeable, where the fine charged does not exceed one thousand
3dollars, only by uniform citation and complaint.
4(b) Violations of the schedule of weight violations, where
5the fine charged exceeds one thousand dollars shall, when the
6violation is admitted and section 805.9 applies, be chargeable
7upon uniform citation and complaint, indictment, or county
8attorney’s information, but otherwise shall be chargeable only
9upon indictment or county attorney’s information.
10(2) In all cases of charges under the schedule of weight
11violations, the charge shall specify the amount of fine charged
12under the schedule. Where a defendant is convicted and the
13fine under the foregoing schedule of weight violations exceeds
14one thousand dollars, the conviction shall be of an indictable
15offense although section 805.9 is employed and whether the
16violation is charged upon uniform citation and complaint,
17indictment, or county attorney’s information.
18f. For a violation under section 321E.16, other than the
19provisions relating to weight, the scheduled fine is two
20hundred fifty-five dollars.
2113. Motor carrier and other operator violations.
22a. (1) For a violation under section 321.54, the scheduled
23fine is thirty forty dollars.
24(2) For violations under sections 326.22 and 326.23, the
25scheduled fine is fifty sixty-five dollars.
26b. For a violation under section 321.449, 321.449A, or
27321.449B, the scheduled fine is fifty sixty-five dollars.
28c. For violations under sections 321.364, 321.450, 321.460,
29and 452A.52, the scheduled fine is two hundred fifty-five
30 dollars.
31d. For violations of section 325A.3, subsection 6, or
32section 325A.8, the scheduled fine is one hundred thirty
33 dollars.
34e. For violations of chapter 325A, other than a violation of
35section 325A.3, subsection 6, or section 325A.8, the scheduled
-20-1fine is two three hundred fifty twenty dollars.
2f. For violations of section 327B.1, subsection 1 or 3, the
3scheduled fine is two three hundred fifty twenty dollars.
414. Miscellaneous violations.
5a. Failure to obey a peace officer. For a violation under
6section 321.229, the scheduled fine is one hundred thirty
7 dollars.
8b. Abandoning a motor vehicle. For a violation under
9section 321.91, the scheduled fine is two hundred fifty-five
10 dollars.
11c. Seat belt or restraint violations.
12(1) For a violation under section 321.445, the scheduled
13fine is fifty sixty-five dollars.
14(2) For a violation under section 321.446, the scheduled
15fine is one hundred thirty dollars.
16d. Litter and debris violations. For violations under
17sections 321.369 and 321.370, the scheduled fine is seventy
18 ninety dollars.
19e. Open container violations. For violations under sections
20321.284 and 321.284A, the scheduled fine is two hundred
21fifty-five dollars.
22f. Proof of financial responsibility. If, in connection with
23a motor vehicle accident, a person is charged and found guilty
24of a violation of section 321.20B, subsection 1, the scheduled
25fine is five six hundred forty dollars; otherwise, the
26scheduled fine for a violation of section 321.20B, subsection
271, is two three hundred fifty twenty dollars. Notwithstanding
28section 805.12, fines collected pursuant to this paragraph
29shall be submitted to the state court administrator and
30distributed fifty percent to the victim compensation fund
31established in section 915.94, twenty-five percent to the
32county in which such fine is imposed, and twenty-five percent
33to the general fund of the state.
34g. Speed detection jamming devices. For a violation under
35section 321.232, the scheduled fine is one hundred thirty
-21-1 dollars.
2h. Railroad crossing violations. For violations under
3sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
4the scheduled fine is two hundred fifty-five dollars.
5i. Road work zone violations. The scheduled fine for any
6moving traffic violation under chapter 321, as provided in
7this section, shall be doubled if the violation occurs within
8any road work zone, as defined in section 321.1. However,
9notwithstanding subsection 5, the scheduled fine for violating
10the speed limit in a road work zone is as follows:
11(1) One hundred fifty ninety dollars for speed not more than
12ten miles per hour over the posted speed limit.
13(2) Three hundred eighty-five dollars for speed greater
14than ten but not more than twenty miles per hour over the
15posted speed limit.
16(3) Five Six hundred forty dollars for speed greater than
17twenty but not more than twenty-five miles per hour over the
18posted speed limit.
19(4) One thousand two hundred eighty dollars for speed
20greater than twenty-five miles per hour over the posted speed
21limit.
22j. Vehicle component parts records violations. For
23violations under section 321.95, the scheduled fine is fifty
24 sixty-five dollars.
25k. Actions against a person on a bicycle. For violations
26under section 321.281, the scheduled fine is two three hundred
27fifty twenty dollars.
28l. Writing, sending, or viewing an electronic message while
29driving violations. For violations under section 321.276, the
30scheduled fine is thirty forty dollars.
31m. Leaving scene of traffic accident. For violations under
32section 321.262, the scheduled fine is one hundred thirty
33dollars.
34n. Striking unattended vehicle. For violations under
35section 321.264, the scheduled fine is one hundred thirty
-22-1dollars.
2o. Striking fixtures upon highway. For violations under
3section 321.265, the scheduled fine is one hundred thirty
4dollars.
5p. Clearing up wrecks. For violations under section
6321.371, the scheduled fine is thirty dollars.
7 Sec. 34. Section 805.8B, Code 2019, is amended to read as
8follows:
9805.8B Navigation, recreation, hunting, and fishing scheduled
10violations.
111. Navigation violations.
12a. For violations of registration, inspections,
13identification, and record provisions under sections 462A.5,
14462A.35, and 462A.37, and for unused or improper or defective
15lights and warning devices under section 462A.9, subsections 3,
164, 5, 9, and 10, the scheduled fine is ten fifteen dollars.
17b. For violations of registration, identification, and
18record provisions under sections 462A.4 and 462A.10, and for
19unused or improper or defective equipment under section 462A.9,
20subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
21for operation violations under sections 462A.26, 462A.31, and
22462A.33, the scheduled fine is twenty twenty-five dollars.
23c. For operating violations under sections 462A.12, 462A.15,
24subsection 1, sections 462A.24, and 462A.34, the scheduled fine
25is twenty-five thirty dollars. However, a violation of section
26462A.12, subsection 2, is not a scheduled violation.
27d. For violations of use, location, and storage of vessels,
28devices, and structures under sections 462A.27, 462A.28, and
29462A.32, the scheduled fine is fifteen twenty dollars.
30e. For violations of all subdivision ordinances under
31section 462A.17, subsection 2, except those relating to
32matters subject to regulation by authority of section 462A.31,
33subsection 5, the scheduled fine is the same as prescribed for
34similar violations of state law. For violations of subdivision
35ordinances for which there is no comparable state law, the
-23-1scheduled fine is ten fifteen dollars.
22. Snowmobile violations.
3a. For registration or user permit violations under section
4321G.3, subsection 1, or section 321G.4B, the scheduled fine is
5fifty sixty-five dollars.
6b. (1) For operating violations under section 321G.9, the
7scheduled fine is fifty sixty-five dollars.
8(2) For operating violations under sections 321G.11 and
9321G.13, subsection 1, paragraph “d”, the scheduled fine is
10twenty twenty-five dollars.
11(3) For operating violations under section 321G.13,
12subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
13and section 321G.13, subsections 2 and 3, the scheduled fine
14is one hundred thirty dollars.
15c. For improper or defective equipment under section
16321G.12, the scheduled fine is twenty twenty-five dollars.
17d. For violations of section 321G.19, the scheduled fine is
18twenty twenty-five dollars.
19e. For decal violations under section 321G.5, the scheduled
20fine is twenty twenty-five dollars.
21f. For stop signal violations under section 321G.17, the
22scheduled fine is one hundred thirty dollars.
23g. For violations of section 321G.20 and for education
24certificate violations under section 321G.24, subsection 1, the
25scheduled fine is fifty sixty-five dollars.
26h. For violations of section 321G.21, the scheduled fine is
27one hundred thirty dollars.
282A. All-terrain vehicle violations.
29a. For registration or user permit violations under section
30321I.3, subsection 1, the scheduled fine is fifty sixty-five
31 dollars.
32b. (1) For operating violations under sections 321I.12 and
33321I.14, subsection 1, paragraph “d”, the scheduled fine is
34twenty twenty-five dollars.
35(2) For operating violations under section 321I.10,
-24-1subsections 1 and 4, the scheduled fine is fifty sixty-five
2 dollars.
3(3) For operating violations under section 321I.14,
4subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
5section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
6is one hundred thirty dollars.
7c. For improper or defective equipment under section
8321I.13, the scheduled fine is twenty twenty-five dollars.
9d. For violations of section 321I.20, the scheduled fine is
10twenty twenty-five dollars.
11e. For decal violations under section 321I.6, the scheduled
12fine is twenty twenty-five dollars.
13f. For stop signal violations under section 321I.18, the
14scheduled fine is one hundred thirty dollars.
15g. For violations of section 321I.21 and for education
16certificate violations under section 321I.26, subsection 1, the
17scheduled fine is fifty sixty-five dollars.
18h. For violations of section 321I.22, the scheduled fine is
19one hundred thirty dollars.
203. Hunting and fishing violations.
21a. For violations of section 484A.2, the scheduled fine is
22ten fifteen dollars.
23b. For violations of sections 481A.54, 481A.69, 481A.71,
24481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
25483A.27A, the scheduled fine is twenty twenty-five dollars.
26c. For violations of sections 481A.6, 481A.21, 481A.22,
27481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
28481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
29483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
30scheduled fine is twenty-five thirty dollars.
31d. For violations of sections 481A.7, 481A.24, 481A.47,
32481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
33481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
342, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
35scheduled fine is fifty sixty-five dollars.
-25- 1e. For violations of sections 481A.57, 481A.85, 481A.93,
2481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
3483A.42, the scheduled fine is one hundred thirty dollars.
4f. For violations of section 481A.38 relating to the taking,
5pursuing, killing, trapping or ensnaring, buying, selling,
6possessing, or transporting any game, protected nongame
7animals, fur-bearing animals, or fur or skin of the animals,
8mussels, frogs, or fish or part of them, the scheduled fines
9are as follows:
10(1) For deer or turkey, the scheduled fine is one hundred
11thirty dollars.
12(2) For protected nongame, the scheduled fine is one hundred
13thirty dollars.
14(3) For mussels, frogs, spawn, or fish, the scheduled fine
15is twenty-five thirty dollars.
16(4) For other game, the scheduled fine is fifty sixty-five
17 dollars.
18(5) For fur-bearing animals, the scheduled fine is
19seventy-five ninety-five dollars.
20g. For violations of section 481A.38 relating to an attempt
21to take, pursue, kill, trap, buy, sell, possess, or transport
22any game, protected nongame animals, fur-bearing animals, or
23fur or skin of the animals, mussels, frogs, or fish or part of
24them, the scheduled fines are as follows:
25(1) For game or fur-bearing animals, the scheduled fine is
26fifty sixty-five dollars.
27(2) For protected nongame, the scheduled fine is fifty
28 sixty-five dollars.
29(3) For mussels, frogs, spawn, or fish, the scheduled fine
30is ten fifteen dollars.
31h. For violations of section 481A.48 relating to
32restrictions on game birds and animals, the scheduled fines are
33as follows:
34(1) For out-of-season, the scheduled fine is one hundred
35thirty dollars.
-26- 1(2) For over limit, the scheduled fine is one hundred thirty
2 dollars.
3(3) For attempt to take, the scheduled fine is fifty
4 sixty-five dollars.
5(4) For general waterfowl restrictions, the scheduled fine
6is fifty sixty-five dollars.
7(a) For no federal stamp, the scheduled fine is fifty
8 sixty-five dollars.
9(b) For unplugged shotgun, the scheduled fine is ten fifteen
10 dollars.
11(c) For possession of other than steel shot, the scheduled
12fine is twenty-five thirty dollars.
13(d) For early or late shooting, the scheduled fine is
14twenty-five thirty dollars.
15(5) For possession of a prohibited pistol or revolver while
16hunting deer, the scheduled fine is one hundred thirty dollars.
17(6) For possession of a prohibited rifle while hunting deer,
18the scheduled fine is two three hundred fifty twenty dollars.
19i. For violations of section 481A.67 relating to general
20violations of fishing laws, the scheduled fine is twenty-five
21 thirty dollars.
22(1) For over limit catch, the scheduled fine is thirty forty
23 dollars.
24(2) For under minimum length or weight, the scheduled fine
25is twenty twenty-five dollars.
26(3) For out-of-season fishing, the scheduled fine is fifty
27 sixty-five dollars.
28j. For violations of section 481A.73 relating to trotlines
29and throwlines:
30(1) For trotline or throwline violations in legal waters,
31the scheduled fine is twenty-five thirty dollars.
32(2) For trotline or throwline violations in illegal waters,
33the scheduled fine is fifty sixty-five dollars.
34k. For violations of section 481A.144, subsection 4, or
35section 481A.145, subsections 4, 5, and 6, relating to minnows:
-27- 1(1) For general minnow violations, the scheduled fine is
2twenty-five thirty dollars.
3(2) For commercial purposes, the scheduled fine is fifty
4 sixty-five dollars.
5l. For violations of section 481A.87 relating to the taking
6or possessing of fur-bearing animals out of season:
7(1) For red fox, gray fox, or mink, the scheduled fine is
8one hundred thirty dollars.
9(2) For all other furbearers, the scheduled fine is fifty
10 sixty-five dollars.
11m. For violations of section 482.4 relating to gear tags:
12(1) For commercial license violations, the scheduled fine
13is one hundred thirty dollars.
14(2) For no gear tags, the scheduled fine is twenty-five
15 thirty dollars.
16n. For violations of section 482.11, the scheduled fine is
17one hundred thirty dollars.
18o. For violations of rules adopted pursuant to section
19483A.1 relating to licenses and permits, the scheduled fines
20are as follows:
21(1) For a license or permit costing ten dollars or less, the
22scheduled fine is twenty twenty-five dollars.
23(2) For a license or permit costing more than ten dollars
24but not more than twenty dollars, the scheduled fine is thirty
25 forty dollars.
26(3) For a license or permit costing more than twenty dollars
27but not more than forty dollars, the scheduled fine is fifty
28 sixty-five dollars.
29(4) For a license or permit costing more than forty dollars
30but not more than fifty dollars, the scheduled fine is seventy
31 ninety dollars.
32(5) For a license or permit costing more than fifty dollars
33but less than one hundred dollars, the scheduled fine is one
34hundred thirty dollars.
35(6) For a license or permit costing one hundred dollars or
-28-1more, the scheduled fine is two times the cost of the original
2license or permit.
3p. For violations of section 483A.26 relating to false
4claims for licenses:
5(1) For making a false claim for a license by a resident,
6the scheduled fine is fifty sixty-five dollars.
7(2) For making a false claim for a license by a nonresident,
8the scheduled fine is one hundred thirty dollars.
9q. For violations of section 483A.36 relating to the
10conveyance of guns:
11(1) For conveying an assembled, unloaded gun, the scheduled
12fine is twenty-five thirty dollars.
13(2) For conveying a loaded gun, the scheduled fine is fifty
14 sixty-five dollars.
154. Ginseng violations. For a violation of section 456A.24,
16subsection 11, the scheduled fine is one hundred thirty
17 dollars.
185. Aquatic invasive species violations. For violations
19of section 456A.37, subsection 3, the scheduled fine is as
20follows:
21a. For violations of section 456A.37, subsection 3,
22paragraph “a”, the scheduled fine is five six hundred forty
23 dollars.
24b. For violations of section 456A.37, subsection 3,
25paragraph “b”, the scheduled fine is seventy-five ninety-five
26 dollars.
27c. For repeat violations of section 456A.37, subsection 3,
28paragraph “a” or “b”, within the same twelve-month period, the
29scheduled fine shall include an additional fine of five six
30 hundred forty dollars for each violation.
316. Misuse of parks and preserves.
32a. For violations under sections 461A.39, 461A.45, and
33461A.50, the scheduled fine is ten fifteen dollars.
34b. For violations under sections 461A.40, 461A.46, and
35461A.49, the scheduled fine is fifteen twenty dollars.
-29- 1c. For violations of sections 461A.35, 461A.42, and 461A.44,
2the scheduled fine is fifty sixty-five dollars.
3d. For violations of section 461A.48, the scheduled fine is
4twenty-five thirty dollars.
5e. For violations under section 461A.43, the scheduled fine
6is thirty forty dollars.
7 Sec. 35. Section 805.8C, Code 2019, is amended to read as
8follows:
9805.8C Miscellaneous scheduled violations.
101. Energy emergency violations. For violations of an
11executive order issued by the governor under the provisions of
12section 473.8, the scheduled fine is fifty sixty-five dollars.
132. Alcoholic beverage violations. For violations of section
14123.49, subsection 2, paragraph “h”, the scheduled fine for a
15licensee or permittee is one thousand five nine hundred twenty
16 dollars, and the scheduled fine for a person who is employed by
17a licensee or permittee is five six hundred forty dollars.
183. Violations related to smoking, tobacco, tobacco products,
19alternative nicotine products, vapor products, and cigarettes.
20a. For violations described in section 142D.9, subsection 1,
21the scheduled fine is fifty dollars, and is a civil penalty,
22and the criminal penalty crime services surcharge under section
23911.1 shall not be added to the penalty, and the court costs
24pursuant to section 805.9, subsection 6, shall not be imposed.
25If the civil penalty assessed for a violation described in
26section 142D.9, subsection 1, is not paid in a timely manner,
27a citation shall be issued for the violation in the manner
28provided in section 804.1. However, a person under age
29eighteen shall not be detained in a secure facility for failure
30to pay the civil penalty. The complainant shall not be charged
31a filing fee.
32b. For violations of section 453A.2, subsection 1, by an
33employee of a retailer, the scheduled fine is as follows:
34(1) If the violation is a first offense, the scheduled fine
35is one hundred thirty dollars.
-30- 1(2) If the violation is a second offense, the scheduled fine
2is two three hundred fifty twenty dollars.
3(3) If the violation is a third or subsequent offense, the
4scheduled fine is five six hundred forty dollars.
5c. For violations of section 453A.2, subsection 2, the
6scheduled fine is as follows and is a civil penalty, and the
7criminal penalty crime services surcharge under section 911.1
8shall not be added to the penalty, and the court costs pursuant
9to section 805.9, subsection 6, shall not be imposed:
10(1) If the violation is a first offense, the scheduled fine
11is fifty dollars.
12(2) If the violation is a second offense, the scheduled fine
13is one hundred dollars.
14(3) If the violation is a third or subsequent offense, the
15scheduled fine is two hundred fifty dollars.
164. Electrical or mechanical amusement device violations.
17a. For violations of legal age for operating an electrical
18or mechanical amusement device required to be registered
19as provided in section 99B.53, pursuant to section 99B.57,
20subsection 1, the scheduled fine is two three hundred fifty
21 twenty dollars. Failure to pay the fine by a person under the
22age of eighteen shall not result in the person being detained
23in a secure facility.
24b. For first offense violations concerning electrical or
25mechanical amusement devices as provided in section 99B.54,
26subsection 2, the scheduled fine is two three hundred fifty
27 twenty dollars.
285. Gambling violations.
29a. For violations of legal age for gambling wagering under
30section 99D.11, subsection 7, section 99F.9, subsection 4, and
31section 725.19, subsection 1, the scheduled fine is five six
32 hundred forty dollars. Failure to pay the fine by a person
33under the age of eighteen shall not result in the person being
34detained in a secure facility.
35b. For legal age violations for entering or attempting
-31-1to enter a facility under section 99F.9, subsection 5, the
2scheduled fine is five six hundred forty dollars. Failure to
3pay the fine by a person under the age of eighteen shall not
4result in the person being detained in a secure facility.
56. Pseudoephedrine sales violations. For violations of
6section 126.23A, subsection 1, by an employee of a retailer, or
7for violations of section 126.23A, subsection 2, paragraph “a”,
8by a purchaser, the scheduled fine is as follows:
9a. If the violation is a first offense, the scheduled fine
10is two hundred fifty-five dollars.
11b. If the violation is a second offense, the scheduled fine
12is two three hundred fifty twenty dollars.
13c. If the violation is a third or subsequent offense, the
14scheduled fine is five six hundred forty dollars.
157. Alcoholic beverage violations by persons eighteen,
16nineteen, or twenty years of age. For first offense violations
17of section 123.47, subsection 4, the scheduled fine is two
18hundred fifty-five dollars.
198. Unlicensed premises owner — under eighteen years of age
20consumption or possession. For first offense violations of
21section 123.47, subsection 2, the scheduled fine is two hundred
22fifty-five dollars.
239. Notification violations. For violations of section
24229.22, subsection 6, the scheduled fine is one thousand
25dollars for a first violation and two thousand dollars for a
26second or subsequent violation. The scheduled fine under this
27subsection is a civil penalty, and the criminal penalty crime
28services surcharge under section 911.1 shall not be added to
29the penalty.
3010. Scrap metal transaction violations. For violations
31of section 714.27, the scheduled fine is one hundred dollars
32for a first violation, five hundred dollars for a second
33violation within two years, and one thousand dollars for a
34third or subsequent violation within two years. The scheduled
35fine under this subsection is a civil penalty which shall
-32-1be deposited into the general fund of the county or city if
2imposed by a designated officer or employee of a county or
3city, or deposited in the general fund of the state if imposed
4by a state agency, and the criminal penalty crime services
5 surcharge under section 911.1 shall not be added to the
6penalty.
711. Trespassing violations. For trespasses punishable under
8section 716.8, subsection 1 or 5, the scheduled fine is two
9hundred fifty-five dollars for a first violation, five six
10 hundred forty dollars for a second violation, and one thousand
11two hundred eighty dollars for a third or subsequent violation.
12DIVISION V
13Misdemeanor and felony fines
14 Sec. 36. Section 902.9, subsection 1, paragraphs d and e,
15Code 2019, are amended to read as follows:
16d. A class “C” felon, not an habitual offender, shall be
17confined for no more than ten years, and in addition shall be
18sentenced to a fine of at least one thousand three hundred
19seventy dollars but not more than ten thirteen thousand six
20hundred sixty dollars.
21e. A class “D” felon, not an habitual offender, shall be
22confined for no more than five years, and in addition shall
23be sentenced to a fine of at least seven hundred fifty one
24thousand twenty-five dollars but not more than seven ten
25 thousand five two hundred forty-five dollars.
26 Sec. 37. Section 903.1, subsections 1 and 2, Code 2019, are
27amended to read as follows:
281. If a person eighteen years of age or older is convicted
29of a simple or serious misdemeanor and a specific penalty is
30not provided for or if a person under eighteen years of age
31has been waived to adult court pursuant to section 232.45 on
32a felony charge and is subsequently convicted of a simple,
33serious, or aggravated misdemeanor, the court shall determine
34the sentence, and shall fix the period of confinement or the
35amount of fine, which fine shall not be suspended by the court,
-33-1within the following limits:
2a. For a simple misdemeanor, there shall be a fine of at
3least sixty-five ninety dollars but not to exceed six eight
4 hundred twenty-five fifty-five dollars. The court may order
5imprisonment not to exceed thirty days in lieu of a fine or in
6addition to a fine.
7b. For a serious misdemeanor, there shall be a fine of at
8least three four hundred fifteen thirty dollars but not to
9exceed one two thousand eight five hundred seventy-five sixty
10 dollars. In addition, the court may also order imprisonment
11not to exceed one year.
122. When a person is convicted of an aggravated misdemeanor,
13and a specific penalty is not provided for, the maximum penalty
14shall be imprisonment not to exceed two years. There shall be
15a fine of at least six eight hundred twenty-five fifty-five
16 dollars but not to exceed six eight thousand two five hundred
17fifty forty dollars. When a judgment of conviction of an
18aggravated misdemeanor is entered against any person and the
19court imposes a sentence of confinement for a period of more
20than one year the term shall be an indeterminate term.
21DIVISION VI
22CRIMINALISTICS LABORATORY FUND
23 Sec. 38. Section 691.9, Code 2019, is amended to read as
24follows:
25691.9 Criminalistics laboratory fund.
26A criminalistics laboratory fund is created as a separate
27fund in the state treasury under the control of the department
28of public safety. The fund shall consist of appropriations
29made to the fund and transfers of interest, moneys collected
30from the crime services surcharge established in section 911.1,
31 and earnings. All moneys in the fund are appropriated to
32the department of public safety for use by the department in
33criminalistics laboratory equipment and supply purchasing,
34maintenance, depreciation, the department of administrative
35services utility service fee for the criminalistics laboratory
-34-1facility in Ankeny, and training. Any balance in the fund on
2June 30 of any fiscal year shall not revert to any other fund of
3the state but shall remain available for the purposes described
4in this section.
5DIVISION VII
6DRUG ABUSE RESISTANCE EDUCATION FUND
7 Sec. 39. NEW SECTION. 80E.4 Drug abuse resistance education
8fund.
9A drug abuse resistance education fund is created as a
10separate fund in the state treasury under the control of the
11governor’s office of drug control policy for use by the drug
12abuse resistance education program and other programs with a
13similar purpose. The fund shall consist of appropriations made
14to the fund and transfers of interest, moneys collected from
15the crime services surcharge established in section 911.1,
16and earnings. All moneys in the fund are appropriated to the
17governor’s office of drug control policy. Notwithstanding
18section 8.33, any balance in the fund on June 30 of any fiscal
19year shall not revert to any other fund of the state but shall
20remain available for the purposes described in this section.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to surcharges added to criminal penalties,
25court funds, civil fees, misdemeanor and felony fines and fines
26associated with scheduled violations.
27DIVISION I — SURCHARGES ADDED TO CRIMINAL PENALTIES.
28 Division I changes the name of the criminal penalty surcharge
29to the crime services surcharge and modifies the distribution
30of the surcharge moneys. Currently, the clerk of the district
31court remits 5 percent of the criminal penalty surcharge to
32the county treasurer of the county that was the plaintiff in
33the action or to the city that was the plaintiff in the action
34and the remaining 95 percent of the criminal penalty surcharge
35moneys as follows: 17 percent is deposited in the victim
-35-1compensation fund established in Code section 915.94, and 83
2percent is deposited in the general fund of the state.
3Under Division I, the clerk of the district court remits 15
4percent of the crime services surcharge to the county treasurer
5of the county that was the plaintiff in the action or to the
6city that was the plaintiff in the action. Additionally,
7under the division, the clerk of the district court remits the
8remaining 85 percent of the crime services surcharge moneys as
9follows: 59 percent is deposited in the victim compensation
10fund established in Code section 915.94, 38 percent is
11deposited in the criminalistics laboratory fund established in
12Code section 691.9 and 3 percent is deposited in the drug abuse
13resistance education fund established in Code section 80E.4.
14Division I provides that the state court administrator shall
15deposit monthly the portion of the moneys collected from the
16assessment of the crime services surcharge and remitted to the
17state court administrator to the victim compensation fund and
18to the criminalistics laboratory fund.
19Division I combines two surcharges into one Code section:
20the domestic abuse assault, sexual abuse, stalking, and human
21trafficking victim surcharge established in Code section 911.2B
22and the domestic abuse protective order contempt surcharge
23established in Code section 911.2C. The new surcharge amount
24is $90. The surcharge is assessed if an adjudication of guilt
25or deferred judgment has been entered for a violation of Code
26section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a
27defendant is held in contempt of court for violating a domestic
28abuse protective order issued pursuant to Code chapter 236.
29After combining the surcharges, the division repeals the second
30surcharge in Code section 911.2C.
31Division I requires that a person convicted of a crime
32relating to agricultural property (agricultural property
33offense) is subject to surcharge (agricultural property offense
34surcharge) equal to 35 percent of the fine or forfeiture
35imposed by the court. The moneys are required to be remitted
-36-1by the clerk of court to the state court administrator and are
2appropriated to the judicial branch for purposes of supporting
3judicial branch operations.
4The agricultural property offense must involve either: (1)
5the theft of agricultural property or (2) criminal mischief
6for damaging, defacing, altering, or destroying agricultural
7property. In addition, it must be classified as a first degree
8offense (class “C” felony), second degree offense (class “D”
9felony), or third degree offense (aggravated misdemeanor).
10The agricultural property is limited to: (1) a crop, (2)
11livestock, or (3) honey bees or associated items.
12The degree of the offense for theft or criminal mischief, and
13its punishment, corresponds to the dollar amount of the value
14of the property subject to the offense. If the value exceeds
15$10,000, the offense is theft or criminal mischief in the first
16degree and punishable as a class “C” felony with confinement
17for no more than 10 years. If the value exceeds $1,000 but
18does not exceed $10,000, the offense is classified as theft
19or criminal mischief in the second degree and punishable as
20a class “D” felony with confinement for no more than five
21years. If the value exceeds $500 but does not exceed $1,000,
22the offense is classified as theft or criminal mischief in
23the third degree and punishable as an aggravated misdemeanor
24with confinement for no more than two years. See Division V
25for current and proposed law on misdemeanor and felony fine
26amounts.
27Division I repeals the law enforcement initiative
28surcharge in Code section 911.3 and the drug abuse resistance
29education surcharge in Code section 911.2. Division I makes
30corresponding changes to the Code.
31DIVISION II — COURT FUNDS. Division II increases the
32allocation to the court technology and modernization fund from
33$1 million to $9 million in Code section 602.8108. Division
34II repeals the enhanced court collections fund in Code section
35602.1304(2). Division II makes corresponding changes to
-37-1the Code. Division II provides that any unobligated or
2unencumbered moneys remaining in the enhanced court collections
3fund in Code section 602.1304 at the end of the fiscal year
4beginning July 1, 2018, and ending June 30, 2019, shall be
5transferred to the court technology and modernization fund.
6DIVISION III — CIVIL FEES. Division III amends Code
7sections 602.8105 and 631.6 to increase fees in civil cases
8by $20, except no increase was made for an appeal from a
9judgment in small claims and the filing fee for an adoption was
10eliminated.
11Division III provides that the judicial branch shall conduct
12a study to determine whether the current fee to appear pro
13hac vice is appropriate. Division III provides that if the
14judicial branch determines that the fee to appear pro hac vice
15is not appropriate, the judicial branch shall adjust the fee
16accordingly.
17DIVISION IV — SCHEDULED VIOLATIONS. Division IV
18reclassifies the following simple misdemeanors as simple
19misdemeanors punishable as scheduled violations: violations of
20Code section 321.24 (issuance of registration and certificate
21of title), violations of Code section 321.260(2) (unlawful
22possession of traffic-control device), violations of Code
23section 321.262 (leaving the scene of an accident), violations
24of Code section 321.264 (striking unattended vehicle),
25violations of Code section 321.265 (striking fixtures upon
26a highway), violations of Code section 321.324A (funeral
27processions), violations of Code section 321.371 (clearing up
28wrecks), violations of Code section 321.383 (exceptions — slow
29vehicles identified), and violations of Code section 321.431
30(brake performance).
31Division IV raises nearly all of the amounts for simple
32misdemeanors punishable as scheduled violations in Code
33sections 805.8A (motor vehicle and transportation), 805.8B
34(navigation, recreation, hunting, and fishing), and 805.8C
35(miscellaneous), by approximately 28 percent.
-38- 1DIVISION V — MISDEMEANOR AND FELONY FINES. Division
2V modifies the minimum and maximum criminal fines for
3misdemeanors and felonies. Currently, a simple misdemeanor
4fine ranges from $65 to $625, a serious misdemeanor fine ranges
5from $315 to $1,875, an aggravated misdemeanor fine ranges
6from $625 to $6,250, a class “D” felony fine ranges from $750
7to $7,500, and a class “C” felony fine ranges from $1,000 to
8$10,000. Under Division V, a simple misdemeanor fine ranges
9from $90 to $855, a serious misdemeanor fine ranges from $430
10to $2,560, an aggravated misdemeanor fine ranges from $855 to
11$8,540, a class “D” felony fine ranges from $1,025 to $10,245,
12and a class “C” felony fine ranges from $1,370 to $13,660.
13DIVISION VI — CRIMINALISTICS LABORATORY FUND. Division VI
14provides that the criminalistics laboratory fund shall consist
15not only of appropriations made to the fund and transfers of
16interest, but also of moneys collected from the crime services
17surcharge established in Code section 911.1. Division VI
18also provides that the moneys in the fund appropriated to the
19department of public safety are for use by the department for
20the department of administrative services utility service
21fee for the criminalistics laboratory facility in Ankeny, in
22addition to the currently authorized criminalistics laboratory
23equipment and supply purchasing, maintenance, depreciation, and
24training.
25DIVISION VII — DRUG ABUSE RESISTANCE EDUCATION FUND.
26 Division VII establishes a drug abuse resistance education
27fund in the state treasury under the control of the governor’s
28office of drug control policy for use by the drug abuse
29resistance education program and other programs with a similar
30purpose. Division VII provides that the fund shall consist
31of appropriations made to the fund and transfers of interest,
32moneys collected from the crime services surcharge established
33in Code section 911.1, and earnings. Division VII provides
34that all moneys in the fund are appropriated to the governor’s
35office of drug control policy and that any balance in the fund
-39-1on June 30 of any fiscal year shall not revert to any other
2fund of the state but shall remain available for the purposes
3described in Division VII.
-40-asf/jh