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Senate File 457 - 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 court technology and modernization fund for
5purposes of supporting judicial branch operations.
67. The clerk of the district court shall remit all moneys
7collected from the assessment of the surcharges surcharge
8 provided in sections section 911.2B and 911.2C to the state
9court administrator for deposit in the address confidentiality
10program revolving fund created 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 theft surcharge.
161. In addition to any other surcharge, the court or clerk of
17the district court shall assess an agricultural theft surcharge
18equal to five hundred dollars, if an adjudication of guilt or
19a deferred judgment has been entered for a criminal violation
20involving any of the following:
21a. Theft of agricultural property under section 714.2,
22subsection 1, 2, or 3.
23b. Criminal mischief under section 716.3, 716.4, or 716.5,
24by damaging, defacing, altering, or destroying agricultural
25property.
262. As used in this section, agricultural property means any
27of the following:
28a. A crop as defined in section 717A.1.
29b. Livestock as defined in section 717.1.
30c. (1) A colony or package as defined in section 160.1A,
31or a hive where bees are kept as described in section 160.5,
32if the department of agriculture and land stewardship is
33authorized by that chapter to inspect the colony, package, or
34hive or to regulate the movement of the colony, package, or
35hive.
-5- 1(2) A queen bee that is part of a colony or is being moved
2to be part of a colony as described in subparagraph (1).
33. The surcharge shall be remitted by the clerk of the
4district court as provided in section 602.8108, subsection 5.
5 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code
62019, are repealed.
7DIVISION II
8court funds
9 Sec. 15. Section 602.1302, subsection 1, Code 2019, is
10amended to read as follows:
111. Except as otherwise provided by sections 602.1303,
12602.1304, and 602.8108 or other applicable law, the expenses of
13operating and maintaining the judicial branch shall be paid out
14of the general fund of the state from funds appropriated by the
15general assembly for the judicial branch. State funding shall
16be phased in as provided in section 602.11101.
17 Sec. 16. Section 602.1304, subsection 1, Code 2019, is
18amended to read as follows:
191. Except as provided in article 8 and subsection 2 of this
20section, all fees and other revenues collected by judicial
21officers and court employees shall be paid into the general
22fund of the state.
23 Sec. 17. Section 602.1304, subsection 2, Code 2019, is
24amended by striking the subsection.
25 Sec. 18. Section 602.8108, subsection 9, Code 2019, is
26amended by striking the subsection and inserting in lieu
27thereof the following:
289. a. A court technology and modernization fund is
29established as a separate fund in the state treasury. The
30state court administrator shall allocate nine million dollars
31of the moneys received under subsection 2 to be deposited in
32the fund, which shall be administered by the judicial branch.
33b. The moneys in the fund used to enhance the ability of the
34judicial branch to process cases more quickly and efficiently,
35to electronically transmit information to state government,
-6-1local governments, law enforcement agencies, and the public,
2and to improve public access to the court system. The moneys
3in the collection fund may also be used for any the following:
4(1) The Iowa court information system.
5(2) Records management, equipment, services, and projects.
6(3) Other technological improvements approved by the
7judicial branch.
8(4) Electronic legal research equipment, systems, and
9projects.
10(5) The study, development, and implementation of other
11innovations and projects that would improve the administration
12of justice.
13(6) Capital improvements necessitated by the installation
14of or connection with the Iowa court information system, the
15Iowa communications network, or other like networks.
16c. The fund shall be separate from the general fund of
17the state and the balance in the fund shall not be considered
18part of the balance of the general fund of the state.
19Notwithstanding section 8.33, moneys in the fund shall not
20revert to the general fund. Notwithstanding section 12C.7,
21subsection 2, interest or earnings on moneys in the court
22technology and modernization fund shall remain in the court
23technology and modernization fund and any interest and earnings
24shall be in addition to the maximum annual deposit amount.
25 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated
26or unencumbered moneys remaining in the enhanced court
27collections fund in section 602.1304 at the end of the fiscal
28year beginning July 1, 2018, and ending June 30, 2019, shall be
29transferred to the court technology and modernization fund.
30DIVISION III
31civil fees
32 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019,
33are amended to read as follows:
341. The clerk of the district court shall collect the
35following fees:
-7- 1a. Except as otherwise provided in this subsection, for
2filing and docketing a petition, one two hundred eighty-five
3 five dollars. In counties having a population of ninety-eight
4thousand or over, an additional five dollars shall be charged
5and collected to be known as the journal publication fee and
6used for the purposes provided for in section 618.13.
7b. For filing and docketing a petition for dissolution
8of marriage, which includes the docketing of any dissolution
9decree, two hundred seventy-five dollars. It is the intent of
10the general assembly that twenty percent of the funds generated
11from these fees be appropriated and used for sexual assault
12and domestic violence centers and eighty percent of the funds
13generated from these fees be appropriated to the general fund
14of the state.
15b. c. For filing and docketing a petition pursuant to
16chapter 598 other than a dissolution of marriage petition, one
17hundred twenty dollars.
18c. d. For filing and docketing an application for
19modification of a dissolution decree to which a written
20stipulation is attached at the time of filing containing the
21agreement of the parties to the terms of modification, one
22hundred twenty dollars.
23d. For entering a final decree of dissolution of marriage,
24fifty dollars. It is the intent of the general assembly that
25the funds generated from the dissolution fees be appropriated
26and used for sexual assault and domestic violence centers.
27e. For filing and docketing a petition for adoption
28pursuant to chapter 600, one hundred zero dollars. For
29multiple adoption petitions filed at the same time by the same
30petitioner under section 600.3, the filing fee and any court
31costs for any petition filed in addition to the first petition
32filed are waived.
33f. For filing and docketing a small claims action, the
34amounts specified in section 631.6.
35g. For an appeal from a judgment in small claims or for
-8-1filing and docketing a writ of error, one hundred eighty-five
2dollars.
3h. For a motion to show cause in a civil case, fifty seventy
4 dollars.
5i. For filing and docketing a transcript of the judgment in
6a civil case, fifty seventy dollars.
7j. For filing a tribal judgment, one hundred twenty dollars.
82. The clerk of the district court shall collect the
9following fees for miscellaneous services:
10a. For filing and entering any other statutory lien, fifty
11 seventy dollars.
12b. For a certificate and seal, twenty forty dollars.
13However, there shall be no charge for a certificate and seal to
14an application to procure a pension, bounty, or back pay for a
15member of the armed services or other person.
16c. For certifying a change in title of real estate, fifty
17 seventy dollars.
18d. For filing a praecipe to issue execution under chapter
19626, twenty-five forty-five dollars. The fee shall be
20recoverable by the creditor from the debtor against whom the
21execution is issued. A fee payable by a political subdivision
22of the state under this paragraph shall be collected by the
23clerk of the district court as provided in section 602.8109.
24However, the fee shall be waived and shall not be collected
25from a political subdivision of the state if a county attorney
26or county attorney’s designee is collecting a delinquent
27judgment pursuant to section 602.8107, subsection 4.
28e. For filing a praecipe to issue execution under chapter
29654, fifty seventy dollars.
30f. For filing a confession of judgment under chapter 676,
31fifty seventy dollars if the judgment is five thousand dollars
32or less, and one hundred twenty dollars if the judgment exceeds
33five thousand dollars.
34g. For filing a lis pendens, fifty seventy dollars.
35h. For applicable convictions under section 692A.110 prior
-9-1to July 1, 2009, a civil penalty of two hundred twenty dollars,
2and for applicable convictions under section 692A.110 on or
3after July 1, 2009, a civil penalty of two hundred fifty
4 seventy dollars.
5i. Other fees provided by law.
6 Sec. 21. Section 631.6, subsection 1, paragraphs a and c,
7Code 2019, are amended to read as follows:
8a. Fees for filing and docketing shall be eighty-five one
9hundred five dollars.
10c. Postage charged for the mailing of original notice shall
11be ten thirty dollars.
12 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial
13branch shall conduct a study to determine whether the amount of
14the current fee to appear pro hac vice is appropriate. If the
15judicial branch determines that the fee to appear pro hac vice
16is not appropriate, the judicial branch shall adjust the fee
17accordingly.
18DIVISION IV
19scheduled violations
20 Sec. 23. Section 321.24, subsection 12, Code 2019, is
21amended to read as follows:
2212. A person who violates this section commits a simple
23misdemeanor punishable as a scheduled violation under section
24805.8A, subsection 2, paragraph “b”.
25 Sec. 24. Section 321.260, subsection 2, Code 2019, is
26amended to read as follows:
272. It shall be unlawful for any person to have in the
28person’s possession any official traffic-control device
29except by legal right or authority. Any person convicted
30of unauthorized possession of any official traffic-control
31device shall upon conviction be guilty of a simple misdemeanor
32punishable as a scheduled violation under section 805.8A,
33subsection 8, paragraph “c”. In addition to any other
34penalties, the punishment imposed for a violation of this
35subsection shall include assessment of a fine of not less than
-10-1two hundred fifty dollars.
2 Sec. 25. Section 321.262, subsection 2, Code 2019, is
3amended to read as follows:
42. The drivershall remain at the scene of the accident
5until the driver has fulfilled the requirements of section
6321.263. Any person failing to remain at the scene of the
7accident or fulfill the requirements of section 321.263 under
8such circumstances shall be guilty of a simple misdemeanor
9and punished as provided in section 321.482 punishable as
10a scheduled violation under section 805.8A, subsection 14,
11paragraph “m”.
12 Sec. 26. Section 321.264, Code 2019, is amended to read as
13follows:
14321.264 Striking unattended vehicle.
15The driver of any vehicle which collides with any vehicle
16which is unattended shall immediately stop and shall then and
17there either locate and notify the operator or owner of such
18vehicle of the name and address of the driver and owner of the
19vehicle striking the unattended vehicle or shall leave in a
20conspicuous place in the vehicle struck a written notice giving
21the name and address of the driver and of the owner of the
22vehicle doing the striking and a statement of the circumstances
23thereof. A person who violates this section commits a simple
24misdemeanor punishable as a scheduled violation under section
25805.8A, subsection 14, paragraph “n”.
26 Sec. 27. Section 321.265, Code 2019, is amended to read as
27follows:
28321.265 Striking fixtures upon a highway.
29The driver of a vehicle involved in an accident resulting
30in damage to property legally upon or adjacent to a highway
31shall take reasonable steps to locate and notify the owner,
32a peace officer, or person in charge of the damaged property
33of the damage and shall inform the person of the driver’s name
34and address and the registration number of the vehicle causing
35the damage and shall, upon request and if available, exhibit
-11-1the driver’s license of the driver of the vehicle and shall
2report the accident when and as required in section 321.266. A
3person who violates this section commits a simple misdemeanor
4punishable as a scheduled violation under section 805.8A,
5subsection 14, paragraph “o”.
6 Sec. 28. Section 321.324A, Code 2019, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 4. A person who violates this section
9commits a simple misdemeanor punishable as a scheduled
10violation under section 805.8A, subsection 6, paragraph “s”.
11 Sec. 29. Section 321.371, subsection 2, Code 2019, is
12amended to read as follows:
132. A person who violates this section commits a simple
14misdemeanor punishable as a scheduled violation under section
15805.8A, subsection 14, paragraph “q”.
16 Sec. 30. Section 321.372, subsection 5, paragraph b,
17subparagraph (1), Code 2019, is amended to read as follows:
18(1) For a first offense under subsection 3, the person is
19guilty of a simple misdemeanor punishable by a fine of at least
20two hundred fifty three hundred forty dollars but not more than
21six hundred seventy-five nine hundred twenty-five dollars or
22by imprisonment for not more than thirty days, or by both. The
23department shall require the person to attend and successfully
24complete, at the person’s own expense, a driver improvement
25program approved by the department in lieu of driver’s license
26suspension for the offense pursuant to section 321.210.
27 Sec. 31. Section 321.383, subsection 4, Code 2019, is
28amended to read as follows:
294. Any Except as provided in subsection 5, any person
30who violates any provision of this section shall be fined
31as provided in commits a simple misdemeanor punishable as a
32scheduled violation under section 805.8A, subsection 3.
33 Sec. 32. Section 321.383, Code 2019, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 5. A person who operates a self-propelled
-12-1implement of husbandry at a speed which exceeds the limit
2of thirty-five miles per hour commits a simple misdemeanor
3punishable as a scheduled violation under section 805.8A,
4subsection 5.
5 Sec. 33. Section 321.431, subsection 6, Code 2019, is
6amended to read as follows:
76. A person who violates this section commits a simple
8misdemeanor punishable as a scheduled violation under section
9805.8A, subsection 3, paragraph “ad”.
10 Sec. 34. Section 805.8A, Code 2019, is amended to read as
11follows:
12805.8A Motor vehicle and transportation scheduled violations.
131. Parking violations.
14a. For parking violations under sections 321.236, 321.239,
15321.358, 321.360, and 321.361, the scheduled fine is five
16dollars, except if the local authority has established the
17fine by ordinance. The scheduled fine for a parking violation
18pursuant to section 321.236 increases by five dollars if
19authorized by ordinance and if the parking violation is not
20paid within thirty days of the date upon which the violation
21occurred. For purposes of calculating the unsecured appearance
22bond required under section 805.6, the scheduled fine shall
23be five dollars, or if the amount of the fine is greater than
24five dollars, the unsecured appearance bond shall be the amount
25of the fine established by the local authority. However,
26violations charged by a city or county upon simple notice of a
27fine instead of a uniform citation and complaint required by
28section 321.236, subsection 1, paragraph “b”, are not scheduled
29violations, and this section shall not apply to any offense
30charged in that manner. For a parking violation under section
31461A.38, the scheduled fine is ten dollars. For a parking
32violation under section 321.362, the scheduled fine is twenty
33dollars.
34b. For a parking violation under section 321L.2A, subsection
352, the scheduled fine is twenty dollars.
-13- 1c. For violations under section 321L.2A, subsection 3,
2sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
3scheduled fine is two hundred dollars.
42. Title and registration violations. For title or
5registration violations under the following sections, the
6scheduled fine is as follows:
7a. Section 321.17$ 50 $ 65.
8b. Section 321.24$130.
9b. c. Section 321.25$100 $130.
10c. d. Section 321.32$ 20 $ 25.
11d. e. Section 321.34$ 20 $ 25.
12e. f. Section 321.37$ 20 $ 25.
13f. g. Section 321.38$ 20 $ 25.
14g. h. Section 321.41$ 20 $ 25.
15h. i. Section 321.45$100 $130.
16i. j. Section 321.46$100 $130.
17j. k. Section 321.47$100 $130.
18k. l. Section 321.48$100 $130.
19l. m. Section 321.52$100 $130.
20m. n. Section 321.55$ 50 $ 65.
21n. o. Section 321.57$100 $130.
22o. p. Section 321.62$100 $130.
23p. q. Section 321.67$100 $130.
24q. r. Section 321.98$ 50 $ 65.
25r. s. Section 321.99$200 $255.
26s. t. Section 321.104$100 $130.
27t. u. Section 321.115$ 30 $ 40.
28u. v. Section 321.115A$ 30 $ 40.
293. Equipment violations. For equipment violations under the
30following sections, the scheduled fine is as follows:
31a. Section 321.234A$ 50 $ 65.
32b. Section 321.247$100 $130.
33c. Section 321.317$ 20 $ 25.
34d. Section 321.381$100 $130.
35e. Section 321.381A$100 $130.
-14- 1f. Section 321.382$ 25 $ 30.
2g. Section 321.383, subsection 4$ 30 $ 40.
3h. Section 321.384$ 30 $ 40.
4i. Section 321.385$ 30 $ 40.
5j. Section 321.386$ 30 $ 40.
6k. Section 321.387$ 20 $ 25.
7l. Section 321.388$ 20 $ 25.
8m. Section 321.389$ 20 $ 25.
9n. Section 321.390$ 20 $ 25.
10o. Section 321.392$ 20 $ 25.
11p. Section 321.393$ 20 $ 25.
12q. Section 321.398$ 30 $ 40.
13r. Section 321.402$ 30 $ 40.
14s. Section 321.403$ 30 $ 40.
15t. Section 321.404$ 30 $ 40.
16u. Section 321.404A$ 25 $ 30.
17v. Section 321.409$ 30 $ 40.
18w. Section 321.415$ 30 $ 40.
19x. Section 321.419$ 30 $ 40.
20y. Section 321.420$ 30 $ 40.
21z. Section 321.421$ 30 $ 40.
22aa. Section 321.422$ 20 $ 25.
23ab. Section 321.423$ 30 $ 40.
24ac. Section 321.430$100 $130.
25ad. Section 321.431$130.
26ad. ae. Section 321.432$ 20 $ 25.
27ae. af. Section 321.433$ 30 $ 40.
28af. ag. Section 321.436$ 20 $ 25.
29ag. ah. Section 321.438$ 50 $ 65.
30ah. ai. Section 321.439$ 20 $ 25.
31ai. aj. Section 321.440$ 20 $ 25.
32aj. ak. Section 321.441$ 20 $ 25.
33ak. al. Section 321.442$ 20 $ 25.
34al. am. Section 321.444$ 20 $ 25.
354. Driver’s license violations. For driver’s license
-15-1violations under the following sections, the scheduled fine is
2as follows:
3a. Section 321.174$ 200 $ 255.
4b. Section 321.174A$ 50 $ 65.
5c. Section 321.178, subsection 2,
6paragraph “a”, subparagraph (2)$ 30 $ 40.
7d. Section 321.180$ 50 $ 65.
8e. Section 321.180B$ 50 $ 65.
9f. Section 321.193$ 50 $ 65.
10g. Section 321.194$ 50 $ 65.
11h. Section 321.216$ 100 $ 130.
12i. Section 321.216B$ 200 $ 255.
13j. Section 321.216C$ 200 $ 255.
14k. Section 321.219$ 200 $ 255.
15l. Section 321.220$ 200 $ 255.
165. Speed violations.
17a. For excessive speed violations in excess of the limit
18under section 321.236, subsections 5 and 11, sections section
19 321.285, section 321.383, subsection 5, and section 461A.36,
20the scheduled fine shall be the following:
21(1) Twenty Twenty-five dollars for speed not more than five
22miles per hour in excess of the limit.
23(2) Forty Fifty dollars for speed greater than five but not
24more than ten miles per hour in excess of the limit.
25(3) Eighty One hundred dollars for speed greater than ten
26but not more than fifteen miles per hour in excess of the
27limit.
28(4) Ninety One hundred fifteen dollars for speed greater
29than fifteen but not more than twenty miles per hour in excess
30of the limit.
31(5) One hundred thirty dollars plus five dollars for each
32mile per hour of excessive speed over twenty miles per hour
33over the limit.
34b. Excessive speed by a school bus is punishable as provided
35in subsection 10.
-16- 1c. Excessive speed in conjunction with a violation of
2section 321.278 is not a scheduled violation, whatever the
3amount of excess speed.
4d. For a violation under section 321.295, the scheduled fine
5is fifty sixty-five dollars.
66. Operating violations. For operating violations under the
7following sections, the scheduled fine is as follows:
8a. Section 321.236, subsections 3, 4, 9,
9 and 12$ 20 $ 25.
10b. Section 321.275, subsections 1
11through 7$ 35 $ 45.
12c. Section 321.277A$ 35 $ 45.
13d. Section 321.288$100 $130.
14e. Section 321.297$100 $130.
15f. Section 321.299$100 $130.
16g. Section 321.302$100 $130.
17h. Section 321.303$100 $130.
18i. Section 321.304, subsections 1
19and 2$100 $130.
20j. Section 321.305$100 $130.
21k. Section 321.306$100 $130.
22l. Section 321.311$100 $130.
23m. Section 321.312$100 $130.
24n. Section 321.314$100 $130.
25o. Section 321.315$ 35 $ 45.
26p. Section 321.316$ 35 $ 45.
27q. Section 321.318$ 35 $ 45.
28r. Section 321.323$100 $130.
29s. Section 321.324A$130.
30s. t. Section 321.340$100 $130.
31t. u. Section 321.353$100 $130.
32u. v. Section 321.354$100 $130.
33v. w. Section 321.363$ 35 $ 45.
34w. x. Section 321.365$ 35 $ 45.
35x. y. Section 321.366$100 $130.
-17- 1y. z. Section 321.395$100 $130.
27. Failure to yield or obey violations. For failure to yield
3or obey violations under the following sections, the scheduled
4fine is as follows:
5a. Section 321.257, subsection 2,
6for a violation by an operator of a
7motor vehicle$100 $130.
8b. Section 321.298$100 $130.
9c. Section 321.307$100 $130.
10d. Section 321.308$100 $130.
11e. Section 321.313$100 $130.
12f. Section 321.319$100 $130.
13g. Section 321.320$100 $130.
14h. Section 321.321$100 $130.
15i. Section 321.327$100 $130.
16j. Section 321.329$100 $130.
17k. Section 321.333$100 $130.
188. Traffic sign or signal violations. For traffic sign or
19signal violations under the following sections, the scheduled
20fine is as follows:
21a. Section 321.236, subsections 2 and 6$ 35 $ 45.
22b. Section 321.256$100 $130.
23c. Section 321.260, subsection 2$450.
24c. d. Section 321.294$100 $130.
25d. e. Section 321.304, subsection 3$100 $130.
26e. f. Section 321.322$100 $130.
279. Bicycle or pedestrian violations. For bicycle or
28pedestrian violations under the following sections, the
29scheduled fine for a pedestrian or bicyclist is as follows:
30a. Section 321.234, subsections 3 and 4$ 25 $ 30.
31b. Section 321.236, subsection 10$ 15 $ 20.
32c. Section 321.257, subsection 2$ 25 $ 30.
33d. Section 321.275, subsection 8$ 25 $ 30.
34e. Section 321.325$ 25 $ 30.
35f. Section 321.326$ 25 $ 30.
-18- 1g. Section 321.328$ 25 $ 30.
2h. Section 321.331$ 25 $ 30.
3i. Section 321.332$ 25 $ 30.
4j. Section 321.397$ 25 $ 30.
5k. Section 321.434$ 25 $ 30.
69A. Electric personal assistive mobility device
7violations. For violations under section 321.235A, the
8scheduled fine is fifteen twenty dollars.
910. School bus violations. For violations by an operator of
10a school bus under sections 321.285 and 321.372, subsections
111 and 2, the scheduled fine is one hundred thirty dollars.
12However, an excessive speed violation by a school bus of
13more than ten miles per hour in excess of the limit is not a
14scheduled violation.
1511. a. Emergency vehicle and equipment-related
16violations. For violations relating to authorized emergency
17vehicles, fire apparatus and equipment, and police bicycles
18under the following sections, the scheduled fine is as follows:
19(1) Section 321.231$100 $130.
20(2) Section 321.323A, subsection 1$100 $130.
21(3) Section 321.324$100 $130.
22(4) Section 321.367$100 $130.
23(5) Section 321.368$100 $130.
24b. Violations relating to stationary nonemergency vehicles.
25For violations relating to the approach of certain stationary
26nonemergency vehicles under section 321.323A, subsections 2 and
273, the scheduled fine is one hundred thirty dollars.
2812. Restrictions on vehicles.
29a. For violations under sections 321.309, 321.310, 321.394,
30321.461, and 321.462, the scheduled fine is thirty-five
31 forty-five dollars.
32b. For violations under section 321.437, the scheduled fine
33is thirty-five forty-five dollars.
34c. For height, length, width, and load violations under
35sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
-19-1scheduled fine is two hundred fifty-five dollars.
2d. For violations under section 321.466, the scheduled fine
3is twenty twenty-five dollars for each two thousand pounds or
4fraction thereof of overweight.
5e. (1) Violations of the schedule of axle and tandem axle
6and gross or group of axle weight violations in section 321.463
7shall be scheduled violations subject to the provisions,
8procedures, and exceptions contained in sections 805.6 through
9805.11, irrespective of the amount of the fine under that
10schedule.
11(a) Violations of the schedule of weight violations shall be
12chargeable, where the fine charged does not exceed one thousand
13dollars, only by uniform citation and complaint.
14(b) Violations of the schedule of weight violations, where
15the fine charged exceeds one thousand dollars shall, when the
16violation is admitted and section 805.9 applies, be chargeable
17upon uniform citation and complaint, indictment, or county
18attorney’s information, but otherwise shall be chargeable only
19upon indictment or county attorney’s information.
20(2) In all cases of charges under the schedule of weight
21violations, the charge shall specify the amount of fine charged
22under the schedule. Where a defendant is convicted and the
23fine under the foregoing schedule of weight violations exceeds
24one thousand dollars, the conviction shall be of an indictable
25offense although section 805.9 is employed and whether the
26violation is charged upon uniform citation and complaint,
27indictment, or county attorney’s information.
28f. For a violation under section 321E.16, other than the
29provisions relating to weight, the scheduled fine is two
30hundred fifty-five dollars.
3113. Motor carrier and other operator violations.
32a. (1) For a violation under section 321.54, the scheduled
33fine is thirty forty dollars.
34(2) For violations under sections 326.22 and 326.23, the
35scheduled fine is fifty sixty-five dollars.
-20- 1b. For a violation under section 321.449, 321.449A, or
2321.449B, the scheduled fine is fifty sixty-five dollars.
3c. For violations under sections 321.364, 321.450, 321.460,
4and 452A.52, the scheduled fine is two hundred fifty-five
5 dollars.
6d. For violations of section 325A.3, subsection 6, or
7section 325A.8, the scheduled fine is one hundred thirty
8 dollars.
9e. For violations of chapter 325A, other than a violation of
10section 325A.3, subsection 6, or section 325A.8, the scheduled
11fine is two three hundred fifty twenty dollars.
12f. For violations of section 327B.1, subsection 1 or 3, the
13scheduled fine is two three hundred fifty twenty dollars.
1414. Miscellaneous violations.
15a. Failure to obey a peace officer. For a violation under
16section 321.229, the scheduled fine is one hundred thirty
17 dollars.
18b. Abandoning a motor vehicle. For a violation under
19section 321.91, the scheduled fine is two hundred fifty-five
20 dollars.
21c. Seat belt or restraint violations.
22(1) For a violation under section 321.445, the scheduled
23fine is fifty sixty-five dollars.
24(2) For a violation under section 321.446, the scheduled
25fine is one hundred thirty dollars.
26d. Litter and debris violations. For violations under
27sections 321.369 and 321.370, the scheduled fine is seventy
28 ninety dollars.
29e. Open container violations. For violations under sections
30321.284 and 321.284A, the scheduled fine is two hundred
31fifty-five dollars.
32f. Proof of financial responsibility. If, in connection with
33a motor vehicle accident, a person is charged and found guilty
34of a violation of section 321.20B, subsection 1, the scheduled
35fine is five six hundred forty dollars; otherwise, the
-21-1scheduled fine for a violation of section 321.20B, subsection
21, is two three hundred fifty twenty dollars. Notwithstanding
3section 805.12, fines collected pursuant to this paragraph
4shall be submitted to the state court administrator and
5distributed fifty percent to the victim compensation fund
6established in section 915.94, twenty-five percent to the
7county in which such fine is imposed, and twenty-five percent
8to the general fund of the state.
9g. Speed detection jamming devices. For a violation under
10section 321.232, the scheduled fine is one hundred thirty
11 dollars.
12h. Railroad crossing violations. For violations under
13sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
14the scheduled fine is two hundred fifty-five dollars.
15i. Road work zone violations. The scheduled fine for any
16moving traffic violation under chapter 321, as provided in
17this section, shall be doubled if the violation occurs within
18any road work zone, as defined in section 321.1. However,
19notwithstanding subsection 5, the scheduled fine for violating
20the speed limit in a road work zone is as follows:
21(1) One hundred fifty ninety dollars for speed not more than
22ten miles per hour over the posted speed limit.
23(2) Three hundred eighty-five dollars for speed greater
24than ten but not more than twenty miles per hour over the
25posted speed limit.
26(3) Five Six hundred forty dollars for speed greater than
27twenty but not more than twenty-five miles per hour over the
28posted speed limit.
29(4) One thousand two hundred eighty dollars for speed
30greater than twenty-five miles per hour over the posted speed
31limit.
32j. Vehicle component parts records violations. For
33violations under section 321.95, the scheduled fine is fifty
34 sixty-five dollars.
35k. Actions against a person on a bicycle. For violations
-22-1under section 321.281, the scheduled fine is two three hundred
2fifty twenty dollars.
3l. Writing, sending, or viewing an electronic message while
4driving violations. For violations under section 321.276, the
5scheduled fine is thirty forty dollars.
6m. Leaving scene of traffic accident. For violations under
7section 321.262, the scheduled fine is one hundred thirty
8dollars.
9n. Striking unattended vehicle. For violations under
10section 321.264, the scheduled fine is one hundred thirty
11dollars.
12o. Striking fixtures upon highway. For violations under
13section 321.265, the scheduled fine is one hundred thirty
14dollars.
15p. Clearing up wrecks. For violations under section
16321.371, the scheduled fine is thirty dollars.
17 Sec. 35. Section 805.8B, Code 2019, is amended to read as
18follows:
19805.8B Navigation, recreation, hunting, and fishing scheduled
20violations.
211. Navigation violations.
22a. For violations of registration, inspections,
23identification, and record provisions under sections 462A.5,
24462A.35, and 462A.37, and for unused or improper or defective
25lights and warning devices under section 462A.9, subsections 3,
264, 5, 9, and 10, the scheduled fine is ten fifteen dollars.
27b. For violations of registration, identification, and
28record provisions under sections 462A.4 and 462A.10, and for
29unused or improper or defective equipment under section 462A.9,
30subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
31for operation violations under sections 462A.26, 462A.31, and
32462A.33, the scheduled fine is twenty twenty-five dollars.
33c. For operating violations under sections 462A.12, 462A.15,
34subsection 1, sections 462A.24, and 462A.34, the scheduled fine
35is twenty-five thirty dollars. However, a violation of section
-23-1462A.12, subsection 2, is not a scheduled violation.
2d. For violations of use, location, and storage of vessels,
3devices, and structures under sections 462A.27, 462A.28, and
4462A.32, the scheduled fine is fifteen twenty dollars.
5e. For violations of all subdivision ordinances under
6section 462A.17, subsection 2, except those relating to
7matters subject to regulation by authority of section 462A.31,
8subsection 5, the scheduled fine is the same as prescribed for
9similar violations of state law. For violations of subdivision
10ordinances for which there is no comparable state law, the
11scheduled fine is ten fifteen dollars.
122. Snowmobile violations.
13a. For registration or user permit violations under section
14321G.3, subsection 1, or section 321G.4B, the scheduled fine is
15fifty sixty-five dollars.
16b. (1) For operating violations under section 321G.9, the
17scheduled fine is fifty sixty-five dollars.
18(2) For operating violations under sections 321G.11 and
19321G.13, subsection 1, paragraph “d”, the scheduled fine is
20twenty twenty-five dollars.
21(3) For operating violations under section 321G.13,
22subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
23and section 321G.13, subsections 2 and 3, the scheduled fine
24is one hundred thirty dollars.
25c. For improper or defective equipment under section
26321G.12, the scheduled fine is twenty twenty-five dollars.
27d. For violations of section 321G.19, the scheduled fine is
28twenty twenty-five dollars.
29e. For decal violations under section 321G.5, the scheduled
30fine is twenty twenty-five dollars.
31f. For stop signal violations under section 321G.17, the
32scheduled fine is one hundred thirty dollars.
33g. For violations of section 321G.20 and for education
34certificate violations under section 321G.24, subsection 1, the
35scheduled fine is fifty sixty-five dollars.
-24- 1h. For violations of section 321G.21, the scheduled fine is
2one hundred thirty dollars.
32A. All-terrain vehicle violations.
4a. For registration or user permit violations under section
5321I.3, subsection 1, the scheduled fine is fifty sixty-five
6 dollars.
7b. (1) For operating violations under sections 321I.12 and
8321I.14, subsection 1, paragraph “d”, the scheduled fine is
9twenty twenty-five dollars.
10(2) For operating violations under section 321I.10,
11subsections 1 and 4, the scheduled fine is fifty sixty-five
12 dollars.
13(3) For operating violations under section 321I.14,
14subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
15section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
16is one hundred thirty dollars.
17c. For improper or defective equipment under section
18321I.13, the scheduled fine is twenty twenty-five dollars.
19d. For violations of section 321I.20, the scheduled fine is
20twenty twenty-five dollars.
21e. For decal violations under section 321I.6, the scheduled
22fine is twenty twenty-five dollars.
23f. For stop signal violations under section 321I.18, the
24scheduled fine is one hundred thirty dollars.
25g. For violations of section 321I.21 and for education
26certificate violations under section 321I.26, subsection 1, the
27scheduled fine is fifty sixty-five dollars.
28h. For violations of section 321I.22, the scheduled fine is
29one hundred thirty dollars.
303. Hunting and fishing violations.
31a. For violations of section 484A.2, the scheduled fine is
32ten fifteen dollars.
33b. For violations of sections 481A.54, 481A.69, 481A.71,
34481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
35483A.27A, the scheduled fine is twenty twenty-five dollars.
-25- 1c. For violations of sections 481A.6, 481A.21, 481A.22,
2481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
3481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
4483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
5scheduled fine is twenty-five thirty dollars.
6d. For violations of sections 481A.7, 481A.24, 481A.47,
7481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
8481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
92, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
10scheduled fine is fifty sixty-five dollars.
11e. For violations of sections 481A.57, 481A.85, 481A.93,
12481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
13483A.42, the scheduled fine is one hundred thirty dollars.
14f. For violations of section 481A.38 relating to the taking,
15pursuing, killing, trapping or ensnaring, buying, selling,
16possessing, or transporting any game, protected nongame
17animals, fur-bearing animals, or fur or skin of the animals,
18mussels, frogs, or fish or part of them, the scheduled fines
19are as follows:
20(1) For deer or turkey, the scheduled fine is one hundred
21thirty dollars.
22(2) For protected nongame, the scheduled fine is one hundred
23thirty dollars.
24(3) For mussels, frogs, spawn, or fish, the scheduled fine
25is twenty-five thirty dollars.
26(4) For other game, the scheduled fine is fifty sixty-five
27 dollars.
28(5) For fur-bearing animals, the scheduled fine is
29seventy-five ninety-five dollars.
30g. For violations of section 481A.38 relating to an attempt
31to take, pursue, kill, trap, buy, sell, possess, or transport
32any game, protected nongame animals, fur-bearing animals, or
33fur or skin of the animals, mussels, frogs, or fish or part of
34them, the scheduled fines are as follows:
35(1) For game or fur-bearing animals, the scheduled fine is
-26-1fifty sixty-five dollars.
2(2) For protected nongame, the scheduled fine is fifty
3 sixty-five dollars.
4(3) For mussels, frogs, spawn, or fish, the scheduled fine
5is ten fifteen dollars.
6h. For violations of section 481A.48 relating to
7restrictions on game birds and animals, the scheduled fines are
8as follows:
9(1) For out-of-season, the scheduled fine is one hundred
10thirty dollars.
11(2) For over limit, the scheduled fine is one hundred thirty
12 dollars.
13(3) For attempt to take, the scheduled fine is fifty
14 sixty-five dollars.
15(4) For general waterfowl restrictions, the scheduled fine
16is fifty sixty-five dollars.
17(a) For no federal stamp, the scheduled fine is fifty
18 sixty-five dollars.
19(b) For unplugged shotgun, the scheduled fine is ten fifteen
20 dollars.
21(c) For possession of other than steel shot, the scheduled
22fine is twenty-five thirty dollars.
23(d) For early or late shooting, the scheduled fine is
24twenty-five thirty dollars.
25(5) For possession of a prohibited pistol or revolver while
26hunting deer, the scheduled fine is one hundred thirty dollars.
27(6) For possession of a prohibited rifle while hunting deer,
28the scheduled fine is two three hundred fifty twenty dollars.
29i. For violations of section 481A.67 relating to general
30violations of fishing laws, the scheduled fine is twenty-five
31 thirty dollars.
32(1) For over limit catch, the scheduled fine is thirty forty
33 dollars.
34(2) For under minimum length or weight, the scheduled fine
35is twenty twenty-five dollars.
-27- 1(3) For out-of-season fishing, the scheduled fine is fifty
2 sixty-five dollars.
3j. For violations of section 481A.73 relating to trotlines
4and throwlines:
5(1) For trotline or throwline violations in legal waters,
6the scheduled fine is twenty-five thirty dollars.
7(2) For trotline or throwline violations in illegal waters,
8the scheduled fine is fifty sixty-five dollars.
9k. For violations of section 481A.144, subsection 4, or
10section 481A.145, subsections 4, 5, and 6, relating to minnows:
11(1) For general minnow violations, the scheduled fine is
12twenty-five thirty dollars.
13(2) For commercial purposes, the scheduled fine is fifty
14 sixty-five dollars.
15l. For violations of section 481A.87 relating to the taking
16or possessing of fur-bearing animals out of season:
17(1) For red fox, gray fox, or mink, the scheduled fine is
18one hundred thirty dollars.
19(2) For all other furbearers, the scheduled fine is fifty
20 sixty-five dollars.
21m. For violations of section 482.4 relating to gear tags:
22(1) For commercial license violations, the scheduled fine
23is one hundred thirty dollars.
24(2) For no gear tags, the scheduled fine is twenty-five
25 thirty dollars.
26n. For violations of section 482.11, the scheduled fine is
27one hundred thirty dollars.
28o. For violations of rules adopted pursuant to section
29483A.1 relating to licenses and permits, the scheduled fines
30are as follows:
31(1) For a license or permit costing ten dollars or less, the
32scheduled fine is twenty twenty-five dollars.
33(2) For a license or permit costing more than ten dollars
34but not more than twenty dollars, the scheduled fine is thirty
35 forty dollars.
-28- 1(3) For a license or permit costing more than twenty dollars
2but not more than forty dollars, the scheduled fine is fifty
3 sixty-five dollars.
4(4) For a license or permit costing more than forty dollars
5but not more than fifty dollars, the scheduled fine is seventy
6 ninety dollars.
7(5) For a license or permit costing more than fifty dollars
8but less than one hundred dollars, the scheduled fine is one
9hundred thirty dollars.
10(6) For a license or permit costing one hundred dollars or
11more, the scheduled fine is two times the cost of the original
12license or permit.
13p. For violations of section 483A.26 relating to false
14claims for licenses:
15(1) For making a false claim for a license by a resident,
16the scheduled fine is fifty sixty-five dollars.
17(2) For making a false claim for a license by a nonresident,
18the scheduled fine is one hundred thirty dollars.
19q. For violations of section 483A.36 relating to the
20conveyance of guns:
21(1) For conveying an assembled, unloaded gun, the scheduled
22fine is twenty-five thirty dollars.
23(2) For conveying a loaded gun, the scheduled fine is fifty
24 sixty-five dollars.
254. Ginseng violations. For a violation of section 456A.24,
26subsection 11, the scheduled fine is one hundred thirty
27 dollars.
285. Aquatic invasive species violations. For violations
29of section 456A.37, subsection 3, the scheduled fine is as
30follows:
31a. For violations of section 456A.37, subsection 3,
32paragraph “a”, the scheduled fine is five six hundred forty
33 dollars.
34b. For violations of section 456A.37, subsection 3,
35paragraph “b”, the scheduled fine is seventy-five ninety-five
-29-1 dollars.
2c. For repeat violations of section 456A.37, subsection 3,
3paragraph “a” or “b”, within the same twelve-month period, the
4scheduled fine shall include an additional fine of five six
5 hundred forty dollars for each violation.
66. Misuse of parks and preserves.
7a. For violations under sections 461A.39, 461A.45, and
8461A.50, the scheduled fine is ten fifteen dollars.
9b. For violations under sections 461A.40, 461A.46, and
10461A.49, the scheduled fine is fifteen twenty dollars.
11c. For violations of sections 461A.35, 461A.42, and 461A.44,
12the scheduled fine is fifty sixty-five dollars.
13d. For violations of section 461A.48, the scheduled fine is
14twenty-five thirty dollars.
15e. For violations under section 461A.43, the scheduled fine
16is thirty forty dollars.
17 Sec. 36. Section 805.8C, Code 2019, is amended to read as
18follows:
19805.8C Miscellaneous scheduled violations.
201. Energy emergency violations. For violations of an
21executive order issued by the governor under the provisions of
22section 473.8, the scheduled fine is fifty sixty-five dollars.
232. Alcoholic beverage violations. For violations of section
24123.49, subsection 2, paragraph “h”, the scheduled fine for a
25licensee or permittee is one thousand five nine hundred twenty
26 dollars, and the scheduled fine for a person who is employed by
27a licensee or permittee is five six hundred forty dollars.
283. Violations related to smoking, tobacco, tobacco products,
29alternative nicotine products, vapor products, and cigarettes.
30a. For violations described in section 142D.9, subsection 1,
31the scheduled fine is fifty dollars, and is a civil penalty,
32and the criminal penalty crime services surcharge under section
33911.1 shall not be added to the penalty, and the court costs
34pursuant to section 805.9, subsection 6, shall not be imposed.
35If the civil penalty assessed for a violation described in
-30-1section 142D.9, subsection 1, is not paid in a timely manner,
2a citation shall be issued for the violation in the manner
3provided in section 804.1. However, a person under age
4eighteen shall not be detained in a secure facility for failure
5to pay the civil penalty. The complainant shall not be charged
6a filing fee.
7b. For violations of section 453A.2, subsection 1, by an
8employee of a retailer, the scheduled fine is as follows:
9(1) If the violation is a first offense, the scheduled fine
10is one hundred thirty dollars.
11(2) If the violation is a second offense, the scheduled fine
12is two three hundred fifty twenty dollars.
13(3) If the violation is a third or subsequent offense, the
14scheduled fine is five six hundred forty dollars.
15c. For violations of section 453A.2, subsection 2, the
16scheduled fine is as follows and is a civil penalty, and the
17criminal penalty crime services surcharge under section 911.1
18shall not be added to the penalty, and the court costs pursuant
19to section 805.9, subsection 6, shall not be imposed:
20(1) If the violation is a first offense, the scheduled fine
21is fifty dollars.
22(2) If the violation is a second offense, the scheduled fine
23is one hundred dollars.
24(3) If the violation is a third or subsequent offense, the
25scheduled fine is two hundred fifty dollars.
264. Electrical or mechanical amusement device violations.
27a. For violations of legal age for operating an electrical
28or mechanical amusement device required to be registered
29as provided in section 99B.53, pursuant to section 99B.57,
30subsection 1, the scheduled fine is two three hundred fifty
31 twenty dollars. Failure to pay the fine by a person under the
32age of eighteen shall not result in the person being detained
33in a secure facility.
34b. For first offense violations concerning electrical or
35mechanical amusement devices as provided in section 99B.54,
-31-1subsection 2, the scheduled fine is two three hundred fifty
2 twenty dollars.
35. Gambling violations.
4a. For violations of legal age for gambling wagering under
5section 99D.11, subsection 7, section 99F.9, subsection 4, and
6section 725.19, subsection 1, the scheduled fine is five six
7 hundred forty dollars. Failure to pay the fine by a person
8under the age of eighteen shall not result in the person being
9detained in a secure facility.
10b. For legal age violations for entering or attempting
11to enter a facility under section 99F.9, subsection 5, the
12scheduled fine is five six hundred forty dollars. Failure to
13pay the fine by a person under the age of eighteen shall not
14result in the person being detained in a secure facility.
156. Pseudoephedrine sales violations. For violations of
16section 126.23A, subsection 1, by an employee of a retailer, or
17for violations of section 126.23A, subsection 2, paragraph “a”,
18by a purchaser, the scheduled fine is as follows:
19a. If the violation is a first offense, the scheduled fine
20is two hundred fifty-five dollars.
21b. If the violation is a second offense, the scheduled fine
22is two three hundred fifty twenty dollars.
23c. If the violation is a third or subsequent offense, the
24scheduled fine is five six hundred forty dollars.
257. Alcoholic beverage violations by persons eighteen,
26nineteen, or twenty years of age. For first offense violations
27of section 123.47, subsection 4, the scheduled fine is two
28hundred fifty-five dollars.
298. Unlicensed premises owner — under eighteen years of age
30consumption or possession. For first offense violations of
31section 123.47, subsection 2, the scheduled fine is two hundred
32fifty-five dollars.
339. Notification violations. For violations of section
34229.22, subsection 6, the scheduled fine is one thousand
35dollars for a first violation and two thousand dollars for a
-32-1second or subsequent violation. The scheduled fine under this
2subsection is a civil penalty, and the criminal penalty crime
3services surcharge under section 911.1 shall not be added to
4the penalty.
510. Scrap metal transaction violations. For violations
6of section 714.27, the scheduled fine is one hundred dollars
7for a first violation, five hundred dollars for a second
8violation within two years, and one thousand dollars for a
9third or subsequent violation within two years. The scheduled
10fine under this subsection is a civil penalty which shall
11be deposited into the general fund of the county or city if
12imposed by a designated officer or employee of a county or
13city, or deposited in the general fund of the state if imposed
14by a state agency, and the criminal penalty crime services
15 surcharge under section 911.1 shall not be added to the
16penalty.
1711. Trespassing violations. For trespasses punishable under
18section 716.8, subsection 1 or 5, the scheduled fine is two
19hundred fifty-five dollars for a first violation, five six
20 hundred forty dollars for a second violation, and one thousand
21two hundred eighty dollars for a third or subsequent violation.
22 Sec. 37. DRIVER IMPROVEMENT PROGRAM FOR A FIRST SCHOOL
23BUS SAFETY OFFENSE. Notwithstanding 2012 Iowa Acts, chapter
241015, section 5, subsection 2, by July 1, 2019, the department
25of transportation shall initiate rulemaking to amend 761 IAC
26615.43 to require a person who is convicted of a first offense
27of section 321.372, subsection 3, to attend and successfully
28complete, at the person’s own expense, a driver improvement
29program approved by the department in lieu of driver’s license
30suspension, subject to all other provisions of 761 IAC 615.43.
31 Sec. 38. EFFECTIVE DATE. The following, being deemed of
32immediate importance, takes effect upon enactment:
33The section of this division of this Act requiring the
34department of transportation to initiate rulemaking.
35DIVISION V
-33-1Misdemeanor and felony fines
2 Sec. 39. Section 902.9, subsection 1, paragraphs d and e,
3Code 2019, are amended to read as follows:
4d. A class “C” felon, not an habitual offender, shall be
5confined for no more than ten years, and in addition shall be
6sentenced to a fine of at least one thousand three hundred
7seventy dollars but not more than ten thirteen thousand six
8hundred sixty dollars.
9e. A class “D” felon, not an habitual offender, shall be
10confined for no more than five years, and in addition shall
11be sentenced to a fine of at least seven hundred fifty one
12thousand twenty-five dollars but not more than seven ten
13 thousand five two hundred forty-five dollars.
14 Sec. 40. Section 903.1, subsections 1 and 2, Code 2019, are
15amended to read as follows:
161. If a person eighteen years of age or older is convicted
17of a simple or serious misdemeanor and a specific penalty is
18not provided for or if a person under eighteen years of age
19has been waived to adult court pursuant to section 232.45 on
20a felony charge and is subsequently convicted of a simple,
21serious, or aggravated misdemeanor, the court shall determine
22the sentence, and shall fix the period of confinement or the
23amount of fine, which fine shall not be suspended by the court,
24within the following limits:
25a. For a simple misdemeanor, there shall be a fine of at
26least sixty-five ninety dollars but not to exceed six eight
27 hundred twenty-five fifty-five dollars. The court may order
28imprisonment not to exceed thirty days in lieu of a fine or in
29addition to a fine.
30b. For a serious misdemeanor, there shall be a fine of at
31least three four hundred fifteen thirty dollars but not to
32exceed one two thousand eight five hundred seventy-five sixty
33 dollars. In addition, the court may also order imprisonment
34not to exceed one year.
352. When a person is convicted of an aggravated misdemeanor,
-34-1and a specific penalty is not provided for, the maximum penalty
2shall be imprisonment not to exceed two years. There shall be
3a fine of at least six eight hundred twenty-five fifty-five
4 dollars but not to exceed six eight thousand two five hundred
5fifty forty dollars. When a judgment of conviction of an
6aggravated misdemeanor is entered against any person and the
7court imposes a sentence of confinement for a period of more
8than one year the term shall be an indeterminate term.
9DIVISION VI
10CRIMINALISTICS LABORATORY FUND
11 Sec. 41. Section 691.9, Code 2019, is amended to read as
12follows:
13691.9 Criminalistics laboratory fund.
14A criminalistics laboratory fund is created as a separate
15fund in the state treasury under the control of the department
16of public safety. The fund shall consist of appropriations
17made to the fund and transfers of interest, moneys collected
18from the crime services surcharge established in section 911.1,
19 and earnings. All moneys in the fund are appropriated to
20the department of public safety for use by the department in
21criminalistics laboratory equipment and supply purchasing,
22maintenance, depreciation, the department of administrative
23services utility service fee for the criminalistics laboratory
24facility in Ankeny, and training. Any balance in the fund on
25June 30 of any fiscal year shall not revert to any other fund of
26the state but shall remain available for the purposes described
27in this section.
28DIVISION VII
29DRUG ABUSE RESISTANCE EDUCATION FUND
30 Sec. 42. NEW SECTION. 80E.4 Drug abuse resistance education
31fund.
32A drug abuse resistance education fund is created as a
33separate fund in the state treasury under the control of the
34governor’s office of drug control policy for use by the drug
35abuse resistance education program and other programs with a
-35-1similar purpose. The fund shall consist of appropriations made
2to the fund and transfers of interest, moneys collected from
3the crime services surcharge established in section 911.1,
4and earnings. All moneys in the fund are appropriated to the
5governor’s office of drug control policy. Notwithstanding
6section 8.33, any balance in the fund on June 30 of any fiscal
7year shall not revert to any other fund of the state but shall
8remain available for the purposes described in this section.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to surcharges added to criminal penalties,
13court funds, civil fees, misdemeanor and felony fines and fines
14associated with scheduled violations.
15DIVISION I — SURCHARGES ADDED TO CRIMINAL PENALTIES.
16 Division I changes the name of the criminal penalty surcharge
17to the crime services surcharge and modifies the distribution
18of the surcharge moneys. Currently, the clerk of the district
19court remits 5 percent of the criminal penalty surcharge to
20the county treasurer of the county that was the plaintiff in
21the action or to the city that was the plaintiff in the action
22and the remaining 95 percent of the criminal penalty surcharge
23moneys as follows: 17 percent is deposited in the victim
24compensation fund established in Code section 915.94, and 83
25percent is deposited in the general fund of the state.
26Under Division I, the clerk of the district court remits 15
27percent of the crime services surcharge to the county treasurer
28of the county that was the plaintiff in the action or to the
29city that was the plaintiff in the action. Additionally,
30under the division, the clerk of the district court remits the
31remaining 85 percent of the crime services surcharge moneys as
32follows: 59 percent is deposited in the victim compensation
33fund established in Code section 915.94, 38 percent is
34deposited in the criminalistics laboratory fund established in
35Code section 691.9 and 3 percent is deposited in the drug abuse
-36-1resistance education fund established in Code section 80E.4.
2Division I provides that the state court administrator shall
3deposit monthly the portion of the moneys collected from the
4assessment of the crime services surcharge and remitted to the
5state court administrator to the victim compensation fund and
6to the criminalistics laboratory fund.
7Division I combines two surcharges into one Code section:
8the domestic abuse assault, sexual abuse, stalking, and human
9trafficking victim surcharge established in Code section 911.2B
10and the domestic abuse protective order contempt surcharge
11established in Code section 911.2C. The new surcharge amount
12is $90. The surcharge is assessed if an adjudication of guilt
13or deferred judgment has been entered for a violation of Code
14section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a
15defendant is held in contempt of court for violating a domestic
16abuse protective order issued pursuant to Code chapter 236.
17After combining the surcharges, the division repeals the second
18surcharge in Code section 911.2C.
19Division I requires that a person convicted of a crime
20relating to agricultural property (agricultural property theft
21offense) is subject to surcharge equal to $500. The moneys
22are required to be remitted by the clerk of court to the
23state court administrator and are appropriated to the court
24technology and modernization fund for purposes of supporting
25judicial branch operations.
26The agricultural property offense must involve either: (1)
27the theft of agricultural property or (2) criminal mischief
28for damaging, defacing, altering, or destroying agricultural
29property. In addition, it must be classified as a first degree
30offense (class “C” felony), second degree offense (class “D”
31felony), or third degree offense (aggravated misdemeanor).
32The agricultural property is limited to: (1) a crop, (2)
33livestock, or (3) honey bees or associated items.
34The degree of the offense for theft or criminal mischief, and
35its punishment, corresponds to the dollar amount of the value
-37-1of the property subject to the offense. If the value exceeds
2$10,000, the offense is theft or criminal mischief in the first
3degree and punishable as a class “C” felony with confinement
4for no more than 10 years. If the value exceeds $1,000 but
5does not exceed $10,000, the offense is classified as theft
6or criminal mischief in the second degree and punishable as
7a class “D” felony with confinement for no more than five
8years. If the value exceeds $500 but does not exceed $1,000,
9the offense is classified as theft or criminal mischief in
10the third degree and punishable as an aggravated misdemeanor
11with confinement for no more than two years. See Division V
12for current and proposed law on misdemeanor and felony fine
13amounts.
14Division I repeals the law enforcement initiative
15surcharge in Code section 911.3 and the drug abuse resistance
16education surcharge in Code section 911.2. Division I makes
17corresponding changes to the Code.
18DIVISION II — COURT FUNDS. Division II increases the
19allocation to the court technology and modernization fund from
20$1 million to $9 million in Code section 602.8108. Division
21II repeals the enhanced court collections fund in Code section
22602.1304(2). Division II makes corresponding changes to
23the Code. Division II provides that any unobligated or
24unencumbered moneys remaining in the enhanced court collections
25fund in Code section 602.1304 at the end of the fiscal year
26beginning July 1, 2018, and ending June 30, 2019, shall be
27transferred to the court technology and modernization fund.
28DIVISION III — CIVIL FEES. Division III amends Code
29sections 602.8105 and 631.6 to increase fees in civil cases
30by $20, except no increase was made for an appeal from a
31judgment in small claims and the filing fee for an adoption was
32eliminated.
33Division III provides that the judicial branch shall conduct
34a study to determine whether the current fee to appear pro
35hac vice is appropriate. Division III provides that if the
-38-1judicial branch determines that the fee to appear pro hac vice
2is not appropriate, the judicial branch shall adjust the fee
3accordingly.
4DIVISION IV — SCHEDULED VIOLATIONS. Division IV
5reclassifies the following simple misdemeanors as simple
6misdemeanors punishable as scheduled violations: violations of
7Code section 321.24 (issuance of registration and certificate
8of title), violations of Code section 321.260(2) (unlawful
9possession of traffic-control device), violations of Code
10section 321.262 (leaving the scene of an accident), violations
11of Code section 321.264 (striking unattended vehicle),
12violations of Code section 321.265 (striking fixtures upon
13a highway), violations of Code section 321.324A (funeral
14processions), violations of Code section 321.371 (clearing up
15wrecks), violations of Code section 321.383 (exceptions — slow
16vehicles identified), and violations of Code section 321.431
17(brake performance).
18Division IV raises nearly all of the amounts for simple
19misdemeanors punishable as scheduled violations in Code
20sections 805.8A (motor vehicle and transportation), 805.8B
21(navigation, recreation, hunting, and fishing), and 805.8C
22(miscellaneous), by approximately 28 percent.
23Division IV also addresses the public offense of unlawfully
24passing a school bus, which is a simple misdemeanor as a first
25offense. Division IV raises the fine amount by 37 percent
26and provides that the department of transportation shall
27require the person to attend and successfully complete, at the
28person’s own expense, a driver improvement program approved
29by the department in lieu of a driver’s license suspension
30for the offense pursuant to Code section 321.210. Division
31IV instructs the department of transportation to initiate
32rulemaking to implement that policy change and provides for an
33immediate effective date for the rulemaking provision.
34DIVISION V — MISDEMEANOR AND FELONY FINES. Division
35V modifies the minimum and maximum criminal fines for
-39-1misdemeanors and felonies. Currently, a simple misdemeanor
2fine ranges from $65 to $625, a serious misdemeanor fine ranges
3from $315 to $1,875, an aggravated misdemeanor fine ranges
4from $625 to $6,250, a class “D” felony fine ranges from $750
5to $7,500, and a class “C” felony fine ranges from $1,000 to
6$10,000. Under Division V, a simple misdemeanor fine ranges
7from $90 to $855, a serious misdemeanor fine ranges from $430
8to $2,560, an aggravated misdemeanor fine ranges from $855 to
9$8,540, a class “D” felony fine ranges from $1,025 to $10,245,
10and a class “C” felony fine ranges from $1,370 to $13,660.
11DIVISION VI — CRIMINALISTICS LABORATORY FUND. Division VI
12provides that the criminalistics laboratory fund shall consist
13not only of appropriations made to the fund and transfers of
14interest, but also of moneys collected from the crime services
15surcharge established in Code section 911.1. Division VI
16also provides that the moneys in the fund appropriated to the
17department of public safety are for use by the department for
18the department of administrative services utility service
19fee for the criminalistics laboratory facility in Ankeny, in
20addition to the currently authorized criminalistics laboratory
21equipment and supply purchasing, maintenance, depreciation, and
22training.
23DIVISION VII — DRUG ABUSE RESISTANCE EDUCATION FUND.
24 Division VII establishes a drug abuse resistance education
25fund in the state treasury under the control of the governor’s
26office of drug control policy for use by the drug abuse
27resistance education program and other programs with a similar
28purpose. Division VII provides that the fund shall consist
29of appropriations made to the fund and transfers of interest,
30moneys collected from the crime services surcharge established
31in Code section 911.1, and earnings. Division VII provides
32that all moneys in the fund are appropriated to the governor’s
33office of drug control policy and that any balance in the fund
34on June 30 of any fiscal year shall not revert to any other
35fund of the state but shall remain available for the purposes
-40-1described in Division VII.
-41-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 court technology and modernization fund for
5purposes of supporting judicial branch operations.
67. The clerk of the district court shall remit all moneys
7collected from the assessment of the surcharges surcharge
8 provided in sections section 911.2B and 911.2C to the state
9court administrator for deposit in the address confidentiality
10program revolving fund created 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 theft surcharge.
161. In addition to any other surcharge, the court or clerk of
17the district court shall assess an agricultural theft surcharge
18equal to five hundred dollars, if an adjudication of guilt or
19a deferred judgment has been entered for a criminal violation
20involving any of the following:
21a. Theft of agricultural property under section 714.2,
22subsection 1, 2, or 3.
23b. Criminal mischief under section 716.3, 716.4, or 716.5,
24by damaging, defacing, altering, or destroying agricultural
25property.
262. As used in this section, agricultural property means any
27of the following:
28a. A crop as defined in section 717A.1.
29b. Livestock as defined in section 717.1.
30c. (1) A colony or package as defined in section 160.1A,
31or a hive where bees are kept as described in section 160.5,
32if the department of agriculture and land stewardship is
33authorized by that chapter to inspect the colony, package, or
34hive or to regulate the movement of the colony, package, or
35hive.
-5- 1(2) A queen bee that is part of a colony or is being moved
2to be part of a colony as described in subparagraph (1).
33. The surcharge shall be remitted by the clerk of the
4district court as provided in section 602.8108, subsection 5.
5 Sec. 14. REPEAL. Sections 911.2, 911.2C, and 911.3, Code
62019, are repealed.
7DIVISION II
8court funds
9 Sec. 15. Section 602.1302, subsection 1, Code 2019, is
10amended to read as follows:
111. Except as otherwise provided by sections 602.1303,
12602.1304, and 602.8108 or other applicable law, the expenses of
13operating and maintaining the judicial branch shall be paid out
14of the general fund of the state from funds appropriated by the
15general assembly for the judicial branch. State funding shall
16be phased in as provided in section 602.11101.
17 Sec. 16. Section 602.1304, subsection 1, Code 2019, is
18amended to read as follows:
191. Except as provided in article 8 and subsection 2 of this
20section, all fees and other revenues collected by judicial
21officers and court employees shall be paid into the general
22fund of the state.
23 Sec. 17. Section 602.1304, subsection 2, Code 2019, is
24amended by striking the subsection.
25 Sec. 18. Section 602.8108, subsection 9, Code 2019, is
26amended by striking the subsection and inserting in lieu
27thereof the following:
289. a. A court technology and modernization fund is
29established as a separate fund in the state treasury. The
30state court administrator shall allocate nine million dollars
31of the moneys received under subsection 2 to be deposited in
32the fund, which shall be administered by the judicial branch.
33b. The moneys in the fund used to enhance the ability of the
34judicial branch to process cases more quickly and efficiently,
35to electronically transmit information to state government,
-6-1local governments, law enforcement agencies, and the public,
2and to improve public access to the court system. The moneys
3in the collection fund may also be used for any the following:
4(1) The Iowa court information system.
5(2) Records management, equipment, services, and projects.
6(3) Other technological improvements approved by the
7judicial branch.
8(4) Electronic legal research equipment, systems, and
9projects.
10(5) The study, development, and implementation of other
11innovations and projects that would improve the administration
12of justice.
13(6) Capital improvements necessitated by the installation
14of or connection with the Iowa court information system, the
15Iowa communications network, or other like networks.
16c. The fund shall be separate from the general fund of
17the state and the balance in the fund shall not be considered
18part of the balance of the general fund of the state.
19Notwithstanding section 8.33, moneys in the fund shall not
20revert to the general fund. Notwithstanding section 12C.7,
21subsection 2, interest or earnings on moneys in the court
22technology and modernization fund shall remain in the court
23technology and modernization fund and any interest and earnings
24shall be in addition to the maximum annual deposit amount.
25 Sec. 19. TRANSFER OF REMAINING FUNDS. Any unobligated
26or unencumbered moneys remaining in the enhanced court
27collections fund in section 602.1304 at the end of the fiscal
28year beginning July 1, 2018, and ending June 30, 2019, shall be
29transferred to the court technology and modernization fund.
30DIVISION III
31civil fees
32 Sec. 20. Section 602.8105, subsections 1 and 2, Code 2019,
33are amended to read as follows:
341. The clerk of the district court shall collect the
35following fees:
-7- 1a. Except as otherwise provided in this subsection, for
2filing and docketing a petition, one two hundred eighty-five
3 five dollars. In counties having a population of ninety-eight
4thousand or over, an additional five dollars shall be charged
5and collected to be known as the journal publication fee and
6used for the purposes provided for in section 618.13.
7b. For filing and docketing a petition for dissolution
8of marriage, which includes the docketing of any dissolution
9decree, two hundred seventy-five dollars. It is the intent of
10the general assembly that twenty percent of the funds generated
11from these fees be appropriated and used for sexual assault
12and domestic violence centers and eighty percent of the funds
13generated from these fees be appropriated to the general fund
14of the state.
15b. c. For filing and docketing a petition pursuant to
16chapter 598 other than a dissolution of marriage petition, one
17hundred twenty dollars.
18c. d. For filing and docketing an application for
19modification of a dissolution decree to which a written
20stipulation is attached at the time of filing containing the
21agreement of the parties to the terms of modification, one
22hundred twenty dollars.
23d. For entering a final decree of dissolution of marriage,
24fifty dollars. It is the intent of the general assembly that
25the funds generated from the dissolution fees be appropriated
26and used for sexual assault and domestic violence centers.
27e. For filing and docketing a petition for adoption
28pursuant to chapter 600, one hundred zero dollars. For
29multiple adoption petitions filed at the same time by the same
30petitioner under section 600.3, the filing fee and any court
31costs for any petition filed in addition to the first petition
32filed are waived.
33f. For filing and docketing a small claims action, the
34amounts specified in section 631.6.
35g. For an appeal from a judgment in small claims or for
-8-1filing and docketing a writ of error, one hundred eighty-five
2dollars.
3h. For a motion to show cause in a civil case, fifty seventy
4 dollars.
5i. For filing and docketing a transcript of the judgment in
6a civil case, fifty seventy dollars.
7j. For filing a tribal judgment, one hundred twenty dollars.
82. The clerk of the district court shall collect the
9following fees for miscellaneous services:
10a. For filing and entering any other statutory lien, fifty
11 seventy dollars.
12b. For a certificate and seal, twenty forty dollars.
13However, there shall be no charge for a certificate and seal to
14an application to procure a pension, bounty, or back pay for a
15member of the armed services or other person.
16c. For certifying a change in title of real estate, fifty
17 seventy dollars.
18d. For filing a praecipe to issue execution under chapter
19626, twenty-five forty-five dollars. The fee shall be
20recoverable by the creditor from the debtor against whom the
21execution is issued. A fee payable by a political subdivision
22of the state under this paragraph shall be collected by the
23clerk of the district court as provided in section 602.8109.
24However, the fee shall be waived and shall not be collected
25from a political subdivision of the state if a county attorney
26or county attorney’s designee is collecting a delinquent
27judgment pursuant to section 602.8107, subsection 4.
28e. For filing a praecipe to issue execution under chapter
29654, fifty seventy dollars.
30f. For filing a confession of judgment under chapter 676,
31fifty seventy dollars if the judgment is five thousand dollars
32or less, and one hundred twenty dollars if the judgment exceeds
33five thousand dollars.
34g. For filing a lis pendens, fifty seventy dollars.
35h. For applicable convictions under section 692A.110 prior
-9-1to July 1, 2009, a civil penalty of two hundred twenty dollars,
2and for applicable convictions under section 692A.110 on or
3after July 1, 2009, a civil penalty of two hundred fifty
4 seventy dollars.
5i. Other fees provided by law.
6 Sec. 21. Section 631.6, subsection 1, paragraphs a and c,
7Code 2019, are amended to read as follows:
8a. Fees for filing and docketing shall be eighty-five one
9hundred five dollars.
10c. Postage charged for the mailing of original notice shall
11be ten thirty dollars.
12 Sec. 22. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial
13branch shall conduct a study to determine whether the amount of
14the current fee to appear pro hac vice is appropriate. If the
15judicial branch determines that the fee to appear pro hac vice
16is not appropriate, the judicial branch shall adjust the fee
17accordingly.
18DIVISION IV
19scheduled violations
20 Sec. 23. Section 321.24, subsection 12, Code 2019, is
21amended to read as follows:
2212. A person who violates this section commits a simple
23misdemeanor punishable as a scheduled violation under section
24805.8A, subsection 2, paragraph “b”.
25 Sec. 24. Section 321.260, subsection 2, Code 2019, is
26amended to read as follows:
272. It shall be unlawful for any person to have in the
28person’s possession any official traffic-control device
29except by legal right or authority. Any person convicted
30of unauthorized possession of any official traffic-control
31device shall upon conviction be guilty of a simple misdemeanor
32punishable as a scheduled violation under section 805.8A,
33subsection 8, paragraph “c”. In addition to any other
34penalties, the punishment imposed for a violation of this
35subsection shall include assessment of a fine of not less than
-10-1two hundred fifty dollars.
2 Sec. 25. Section 321.262, subsection 2, Code 2019, is
3amended to read as follows:
42. The drivershall remain at the scene of the accident
5until the driver has fulfilled the requirements of section
6321.263. Any person failing to remain at the scene of the
7accident or fulfill the requirements of section 321.263 under
8such circumstances shall be guilty of a simple misdemeanor
9and punished as provided in section 321.482 punishable as
10a scheduled violation under section 805.8A, subsection 14,
11paragraph “m”.
12 Sec. 26. Section 321.264, Code 2019, is amended to read as
13follows:
14321.264 Striking unattended vehicle.
15The driver of any vehicle which collides with any vehicle
16which is unattended shall immediately stop and shall then and
17there either locate and notify the operator or owner of such
18vehicle of the name and address of the driver and owner of the
19vehicle striking the unattended vehicle or shall leave in a
20conspicuous place in the vehicle struck a written notice giving
21the name and address of the driver and of the owner of the
22vehicle doing the striking and a statement of the circumstances
23thereof. A person who violates this section commits a simple
24misdemeanor punishable as a scheduled violation under section
25805.8A, subsection 14, paragraph “n”.
26 Sec. 27. Section 321.265, Code 2019, is amended to read as
27follows:
28321.265 Striking fixtures upon a highway.
29The driver of a vehicle involved in an accident resulting
30in damage to property legally upon or adjacent to a highway
31shall take reasonable steps to locate and notify the owner,
32a peace officer, or person in charge of the damaged property
33of the damage and shall inform the person of the driver’s name
34and address and the registration number of the vehicle causing
35the damage and shall, upon request and if available, exhibit
-11-1the driver’s license of the driver of the vehicle and shall
2report the accident when and as required in section 321.266. A
3person who violates this section commits a simple misdemeanor
4punishable as a scheduled violation under section 805.8A,
5subsection 14, paragraph “o”.
6 Sec. 28. Section 321.324A, Code 2019, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 4. A person who violates this section
9commits a simple misdemeanor punishable as a scheduled
10violation under section 805.8A, subsection 6, paragraph “s”.
11 Sec. 29. Section 321.371, subsection 2, Code 2019, is
12amended to read as follows:
132. A person who violates this section commits a simple
14misdemeanor punishable as a scheduled violation under section
15805.8A, subsection 14, paragraph “q”.
16 Sec. 30. Section 321.372, subsection 5, paragraph b,
17subparagraph (1), Code 2019, is amended to read as follows:
18(1) For a first offense under subsection 3, the person is
19guilty of a simple misdemeanor punishable by a fine of at least
20two hundred fifty three hundred forty dollars but not more than
21six hundred seventy-five nine hundred twenty-five dollars or
22by imprisonment for not more than thirty days, or by both. The
23department shall require the person to attend and successfully
24complete, at the person’s own expense, a driver improvement
25program approved by the department in lieu of driver’s license
26suspension for the offense pursuant to section 321.210.
27 Sec. 31. Section 321.383, subsection 4, Code 2019, is
28amended to read as follows:
294. Any Except as provided in subsection 5, any person
30who violates any provision of this section shall be fined
31as provided in commits a simple misdemeanor punishable as a
32scheduled violation under section 805.8A, subsection 3.
33 Sec. 32. Section 321.383, Code 2019, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 5. A person who operates a self-propelled
-12-1implement of husbandry at a speed which exceeds the limit
2of thirty-five miles per hour commits a simple misdemeanor
3punishable as a scheduled violation under section 805.8A,
4subsection 5.
5 Sec. 33. Section 321.431, subsection 6, Code 2019, is
6amended to read as follows:
76. A person who violates this section commits a simple
8misdemeanor punishable as a scheduled violation under section
9805.8A, subsection 3, paragraph “ad”.
10 Sec. 34. Section 805.8A, Code 2019, is amended to read as
11follows:
12805.8A Motor vehicle and transportation scheduled violations.
131. Parking violations.
14a. For parking violations under sections 321.236, 321.239,
15321.358, 321.360, and 321.361, the scheduled fine is five
16dollars, except if the local authority has established the
17fine by ordinance. The scheduled fine for a parking violation
18pursuant to section 321.236 increases by five dollars if
19authorized by ordinance and if the parking violation is not
20paid within thirty days of the date upon which the violation
21occurred. For purposes of calculating the unsecured appearance
22bond required under section 805.6, the scheduled fine shall
23be five dollars, or if the amount of the fine is greater than
24five dollars, the unsecured appearance bond shall be the amount
25of the fine established by the local authority. However,
26violations charged by a city or county upon simple notice of a
27fine instead of a uniform citation and complaint required by
28section 321.236, subsection 1, paragraph “b”, are not scheduled
29violations, and this section shall not apply to any offense
30charged in that manner. For a parking violation under section
31461A.38, the scheduled fine is ten dollars. For a parking
32violation under section 321.362, the scheduled fine is twenty
33dollars.
34b. For a parking violation under section 321L.2A, subsection
352, the scheduled fine is twenty dollars.
-13- 1c. For violations under section 321L.2A, subsection 3,
2sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
3scheduled fine is two hundred dollars.
42. Title and registration violations. For title or
5registration violations under the following sections, the
6scheduled fine is as follows:
7a. Section 321.17$ 50 $ 65.
8b. Section 321.24$130.
9b. c. Section 321.25$100 $130.
10c. d. Section 321.32$ 20 $ 25.
11d. e. Section 321.34$ 20 $ 25.
12e. f. Section 321.37$ 20 $ 25.
13f. g. Section 321.38$ 20 $ 25.
14g. h. Section 321.41$ 20 $ 25.
15h. i. Section 321.45$100 $130.
16i. j. Section 321.46$100 $130.
17j. k. Section 321.47$100 $130.
18k. l. Section 321.48$100 $130.
19l. m. Section 321.52$100 $130.
20m. n. Section 321.55$ 50 $ 65.
21n. o. Section 321.57$100 $130.
22o. p. Section 321.62$100 $130.
23p. q. Section 321.67$100 $130.
24q. r. Section 321.98$ 50 $ 65.
25r. s. Section 321.99$200 $255.
26s. t. Section 321.104$100 $130.
27t. u. Section 321.115$ 30 $ 40.
28u. v. Section 321.115A$ 30 $ 40.
293. Equipment violations. For equipment violations under the
30following sections, the scheduled fine is as follows:
31a. Section 321.234A$ 50 $ 65.
32b. Section 321.247$100 $130.
33c. Section 321.317$ 20 $ 25.
34d. Section 321.381$100 $130.
35e. Section 321.381A$100 $130.
-14- 1f. Section 321.382$ 25 $ 30.
2g. Section 321.383, subsection 4$ 30 $ 40.
3h. Section 321.384$ 30 $ 40.
4i. Section 321.385$ 30 $ 40.
5j. Section 321.386$ 30 $ 40.
6k. Section 321.387$ 20 $ 25.
7l. Section 321.388$ 20 $ 25.
8m. Section 321.389$ 20 $ 25.
9n. Section 321.390$ 20 $ 25.
10o. Section 321.392$ 20 $ 25.
11p. Section 321.393$ 20 $ 25.
12q. Section 321.398$ 30 $ 40.
13r. Section 321.402$ 30 $ 40.
14s. Section 321.403$ 30 $ 40.
15t. Section 321.404$ 30 $ 40.
16u. Section 321.404A$ 25 $ 30.
17v. Section 321.409$ 30 $ 40.
18w. Section 321.415$ 30 $ 40.
19x. Section 321.419$ 30 $ 40.
20y. Section 321.420$ 30 $ 40.
21z. Section 321.421$ 30 $ 40.
22aa. Section 321.422$ 20 $ 25.
23ab. Section 321.423$ 30 $ 40.
24ac. Section 321.430$100 $130.
25ad. Section 321.431$130.
26ad. ae. Section 321.432$ 20 $ 25.
27ae. af. Section 321.433$ 30 $ 40.
28af. ag. Section 321.436$ 20 $ 25.
29ag. ah. Section 321.438$ 50 $ 65.
30ah. ai. Section 321.439$ 20 $ 25.
31ai. aj. Section 321.440$ 20 $ 25.
32aj. ak. Section 321.441$ 20 $ 25.
33ak. al. Section 321.442$ 20 $ 25.
34al. am. Section 321.444$ 20 $ 25.
354. Driver’s license violations. For driver’s license
-15-1violations under the following sections, the scheduled fine is
2as follows:
3a. Section 321.174$ 200 $ 255.
4b. Section 321.174A$ 50 $ 65.
5c. Section 321.178, subsection 2,
6paragraph “a”, subparagraph (2)$ 30 $ 40.
7d. Section 321.180$ 50 $ 65.
8e. Section 321.180B$ 50 $ 65.
9f. Section 321.193$ 50 $ 65.
10g. Section 321.194$ 50 $ 65.
11h. Section 321.216$ 100 $ 130.
12i. Section 321.216B$ 200 $ 255.
13j. Section 321.216C$ 200 $ 255.
14k. Section 321.219$ 200 $ 255.
15l. Section 321.220$ 200 $ 255.
165. Speed violations.
17a. For excessive speed violations in excess of the limit
18under section 321.236, subsections 5 and 11, sections section
19 321.285, section 321.383, subsection 5, and section 461A.36,
20the scheduled fine shall be the following:
21(1) Twenty Twenty-five dollars for speed not more than five
22miles per hour in excess of the limit.
23(2) Forty Fifty dollars for speed greater than five but not
24more than ten miles per hour in excess of the limit.
25(3) Eighty One hundred dollars for speed greater than ten
26but not more than fifteen miles per hour in excess of the
27limit.
28(4) Ninety One hundred fifteen dollars for speed greater
29than fifteen but not more than twenty miles per hour in excess
30of the limit.
31(5) One hundred thirty dollars plus five dollars for each
32mile per hour of excessive speed over twenty miles per hour
33over the limit.
34b. Excessive speed by a school bus is punishable as provided
35in subsection 10.
-16- 1c. Excessive speed in conjunction with a violation of
2section 321.278 is not a scheduled violation, whatever the
3amount of excess speed.
4d. For a violation under section 321.295, the scheduled fine
5is fifty sixty-five dollars.
66. Operating violations. For operating violations under the
7following sections, the scheduled fine is as follows:
8a. Section 321.236, subsections 3, 4, 9,
9 and 12$ 20 $ 25.
10b. Section 321.275, subsections 1
11through 7$ 35 $ 45.
12c. Section 321.277A$ 35 $ 45.
13d. Section 321.288$100 $130.
14e. Section 321.297$100 $130.
15f. Section 321.299$100 $130.
16g. Section 321.302$100 $130.
17h. Section 321.303$100 $130.
18i. Section 321.304, subsections 1
19and 2$100 $130.
20j. Section 321.305$100 $130.
21k. Section 321.306$100 $130.
22l. Section 321.311$100 $130.
23m. Section 321.312$100 $130.
24n. Section 321.314$100 $130.
25o. Section 321.315$ 35 $ 45.
26p. Section 321.316$ 35 $ 45.
27q. Section 321.318$ 35 $ 45.
28r. Section 321.323$100 $130.
29s. Section 321.324A$130.
30s. t. Section 321.340$100 $130.
31t. u. Section 321.353$100 $130.
32u. v. Section 321.354$100 $130.
33v. w. Section 321.363$ 35 $ 45.
34w. x. Section 321.365$ 35 $ 45.
35x. y. Section 321.366$100 $130.
-17- 1y. z. Section 321.395$100 $130.
27. Failure to yield or obey violations. For failure to yield
3or obey violations under the following sections, the scheduled
4fine is as follows:
5a. Section 321.257, subsection 2,
6for a violation by an operator of a
7motor vehicle$100 $130.
8b. Section 321.298$100 $130.
9c. Section 321.307$100 $130.
10d. Section 321.308$100 $130.
11e. Section 321.313$100 $130.
12f. Section 321.319$100 $130.
13g. Section 321.320$100 $130.
14h. Section 321.321$100 $130.
15i. Section 321.327$100 $130.
16j. Section 321.329$100 $130.
17k. Section 321.333$100 $130.
188. Traffic sign or signal violations. For traffic sign or
19signal violations under the following sections, the scheduled
20fine is as follows:
21a. Section 321.236, subsections 2 and 6$ 35 $ 45.
22b. Section 321.256$100 $130.
23c. Section 321.260, subsection 2$450.
24c. d. Section 321.294$100 $130.
25d. e. Section 321.304, subsection 3$100 $130.
26e. f. Section 321.322$100 $130.
279. Bicycle or pedestrian violations. For bicycle or
28pedestrian violations under the following sections, the
29scheduled fine for a pedestrian or bicyclist is as follows:
30a. Section 321.234, subsections 3 and 4$ 25 $ 30.
31b. Section 321.236, subsection 10$ 15 $ 20.
32c. Section 321.257, subsection 2$ 25 $ 30.
33d. Section 321.275, subsection 8$ 25 $ 30.
34e. Section 321.325$ 25 $ 30.
35f. Section 321.326$ 25 $ 30.
-18- 1g. Section 321.328$ 25 $ 30.
2h. Section 321.331$ 25 $ 30.
3i. Section 321.332$ 25 $ 30.
4j. Section 321.397$ 25 $ 30.
5k. Section 321.434$ 25 $ 30.
69A. Electric personal assistive mobility device
7violations. For violations under section 321.235A, the
8scheduled fine is fifteen twenty dollars.
910. School bus violations. For violations by an operator of
10a school bus under sections 321.285 and 321.372, subsections
111 and 2, the scheduled fine is one hundred thirty dollars.
12However, an excessive speed violation by a school bus of
13more than ten miles per hour in excess of the limit is not a
14scheduled violation.
1511. a. Emergency vehicle and equipment-related
16violations. For violations relating to authorized emergency
17vehicles, fire apparatus and equipment, and police bicycles
18under the following sections, the scheduled fine is as follows:
19(1) Section 321.231$100 $130.
20(2) Section 321.323A, subsection 1$100 $130.
21(3) Section 321.324$100 $130.
22(4) Section 321.367$100 $130.
23(5) Section 321.368$100 $130.
24b. Violations relating to stationary nonemergency vehicles.
25For violations relating to the approach of certain stationary
26nonemergency vehicles under section 321.323A, subsections 2 and
273, the scheduled fine is one hundred thirty dollars.
2812. Restrictions on vehicles.
29a. For violations under sections 321.309, 321.310, 321.394,
30321.461, and 321.462, the scheduled fine is thirty-five
31 forty-five dollars.
32b. For violations under section 321.437, the scheduled fine
33is thirty-five forty-five dollars.
34c. For height, length, width, and load violations under
35sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
-19-1scheduled fine is two hundred fifty-five dollars.
2d. For violations under section 321.466, the scheduled fine
3is twenty twenty-five dollars for each two thousand pounds or
4fraction thereof of overweight.
5e. (1) Violations of the schedule of axle and tandem axle
6and gross or group of axle weight violations in section 321.463
7shall be scheduled violations subject to the provisions,
8procedures, and exceptions contained in sections 805.6 through
9805.11, irrespective of the amount of the fine under that
10schedule.
11(a) Violations of the schedule of weight violations shall be
12chargeable, where the fine charged does not exceed one thousand
13dollars, only by uniform citation and complaint.
14(b) Violations of the schedule of weight violations, where
15the fine charged exceeds one thousand dollars shall, when the
16violation is admitted and section 805.9 applies, be chargeable
17upon uniform citation and complaint, indictment, or county
18attorney’s information, but otherwise shall be chargeable only
19upon indictment or county attorney’s information.
20(2) In all cases of charges under the schedule of weight
21violations, the charge shall specify the amount of fine charged
22under the schedule. Where a defendant is convicted and the
23fine under the foregoing schedule of weight violations exceeds
24one thousand dollars, the conviction shall be of an indictable
25offense although section 805.9 is employed and whether the
26violation is charged upon uniform citation and complaint,
27indictment, or county attorney’s information.
28f. For a violation under section 321E.16, other than the
29provisions relating to weight, the scheduled fine is two
30hundred fifty-five dollars.
3113. Motor carrier and other operator violations.
32a. (1) For a violation under section 321.54, the scheduled
33fine is thirty forty dollars.
34(2) For violations under sections 326.22 and 326.23, the
35scheduled fine is fifty sixty-five dollars.
-20- 1b. For a violation under section 321.449, 321.449A, or
2321.449B, the scheduled fine is fifty sixty-five dollars.
3c. For violations under sections 321.364, 321.450, 321.460,
4and 452A.52, the scheduled fine is two hundred fifty-five
5 dollars.
6d. For violations of section 325A.3, subsection 6, or
7section 325A.8, the scheduled fine is one hundred thirty
8 dollars.
9e. For violations of chapter 325A, other than a violation of
10section 325A.3, subsection 6, or section 325A.8, the scheduled
11fine is two three hundred fifty twenty dollars.
12f. For violations of section 327B.1, subsection 1 or 3, the
13scheduled fine is two three hundred fifty twenty dollars.
1414. Miscellaneous violations.
15a. Failure to obey a peace officer. For a violation under
16section 321.229, the scheduled fine is one hundred thirty
17 dollars.
18b. Abandoning a motor vehicle. For a violation under
19section 321.91, the scheduled fine is two hundred fifty-five
20 dollars.
21c. Seat belt or restraint violations.
22(1) For a violation under section 321.445, the scheduled
23fine is fifty sixty-five dollars.
24(2) For a violation under section 321.446, the scheduled
25fine is one hundred thirty dollars.
26d. Litter and debris violations. For violations under
27sections 321.369 and 321.370, the scheduled fine is seventy
28 ninety dollars.
29e. Open container violations. For violations under sections
30321.284 and 321.284A, the scheduled fine is two hundred
31fifty-five dollars.
32f. Proof of financial responsibility. If, in connection with
33a motor vehicle accident, a person is charged and found guilty
34of a violation of section 321.20B, subsection 1, the scheduled
35fine is five six hundred forty dollars; otherwise, the
-21-1scheduled fine for a violation of section 321.20B, subsection
21, is two three hundred fifty twenty dollars. Notwithstanding
3section 805.12, fines collected pursuant to this paragraph
4shall be submitted to the state court administrator and
5distributed fifty percent to the victim compensation fund
6established in section 915.94, twenty-five percent to the
7county in which such fine is imposed, and twenty-five percent
8to the general fund of the state.
9g. Speed detection jamming devices. For a violation under
10section 321.232, the scheduled fine is one hundred thirty
11 dollars.
12h. Railroad crossing violations. For violations under
13sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
14the scheduled fine is two hundred fifty-five dollars.
15i. Road work zone violations. The scheduled fine for any
16moving traffic violation under chapter 321, as provided in
17this section, shall be doubled if the violation occurs within
18any road work zone, as defined in section 321.1. However,
19notwithstanding subsection 5, the scheduled fine for violating
20the speed limit in a road work zone is as follows:
21(1) One hundred fifty ninety dollars for speed not more than
22ten miles per hour over the posted speed limit.
23(2) Three hundred eighty-five dollars for speed greater
24than ten but not more than twenty miles per hour over the
25posted speed limit.
26(3) Five Six hundred forty dollars for speed greater than
27twenty but not more than twenty-five miles per hour over the
28posted speed limit.
29(4) One thousand two hundred eighty dollars for speed
30greater than twenty-five miles per hour over the posted speed
31limit.
32j. Vehicle component parts records violations. For
33violations under section 321.95, the scheduled fine is fifty
34 sixty-five dollars.
35k. Actions against a person on a bicycle. For violations
-22-1under section 321.281, the scheduled fine is two three hundred
2fifty twenty dollars.
3l. Writing, sending, or viewing an electronic message while
4driving violations. For violations under section 321.276, the
5scheduled fine is thirty forty dollars.
6m. Leaving scene of traffic accident. For violations under
7section 321.262, the scheduled fine is one hundred thirty
8dollars.
9n. Striking unattended vehicle. For violations under
10section 321.264, the scheduled fine is one hundred thirty
11dollars.
12o. Striking fixtures upon highway. For violations under
13section 321.265, the scheduled fine is one hundred thirty
14dollars.
15p. Clearing up wrecks. For violations under section
16321.371, the scheduled fine is thirty dollars.
17 Sec. 35. Section 805.8B, Code 2019, is amended to read as
18follows:
19805.8B Navigation, recreation, hunting, and fishing scheduled
20violations.
211. Navigation violations.
22a. For violations of registration, inspections,
23identification, and record provisions under sections 462A.5,
24462A.35, and 462A.37, and for unused or improper or defective
25lights and warning devices under section 462A.9, subsections 3,
264, 5, 9, and 10, the scheduled fine is ten fifteen dollars.
27b. For violations of registration, identification, and
28record provisions under sections 462A.4 and 462A.10, and for
29unused or improper or defective equipment under section 462A.9,
30subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
31for operation violations under sections 462A.26, 462A.31, and
32462A.33, the scheduled fine is twenty twenty-five dollars.
33c. For operating violations under sections 462A.12, 462A.15,
34subsection 1, sections 462A.24, and 462A.34, the scheduled fine
35is twenty-five thirty dollars. However, a violation of section
-23-1462A.12, subsection 2, is not a scheduled violation.
2d. For violations of use, location, and storage of vessels,
3devices, and structures under sections 462A.27, 462A.28, and
4462A.32, the scheduled fine is fifteen twenty dollars.
5e. For violations of all subdivision ordinances under
6section 462A.17, subsection 2, except those relating to
7matters subject to regulation by authority of section 462A.31,
8subsection 5, the scheduled fine is the same as prescribed for
9similar violations of state law. For violations of subdivision
10ordinances for which there is no comparable state law, the
11scheduled fine is ten fifteen dollars.
122. Snowmobile violations.
13a. For registration or user permit violations under section
14321G.3, subsection 1, or section 321G.4B, the scheduled fine is
15fifty sixty-five dollars.
16b. (1) For operating violations under section 321G.9, the
17scheduled fine is fifty sixty-five dollars.
18(2) For operating violations under sections 321G.11 and
19321G.13, subsection 1, paragraph “d”, the scheduled fine is
20twenty twenty-five dollars.
21(3) For operating violations under section 321G.13,
22subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
23and section 321G.13, subsections 2 and 3, the scheduled fine
24is one hundred thirty dollars.
25c. For improper or defective equipment under section
26321G.12, the scheduled fine is twenty twenty-five dollars.
27d. For violations of section 321G.19, the scheduled fine is
28twenty twenty-five dollars.
29e. For decal violations under section 321G.5, the scheduled
30fine is twenty twenty-five dollars.
31f. For stop signal violations under section 321G.17, the
32scheduled fine is one hundred thirty dollars.
33g. For violations of section 321G.20 and for education
34certificate violations under section 321G.24, subsection 1, the
35scheduled fine is fifty sixty-five dollars.
-24- 1h. For violations of section 321G.21, the scheduled fine is
2one hundred thirty dollars.
32A. All-terrain vehicle violations.
4a. For registration or user permit violations under section
5321I.3, subsection 1, the scheduled fine is fifty sixty-five
6 dollars.
7b. (1) For operating violations under sections 321I.12 and
8321I.14, subsection 1, paragraph “d”, the scheduled fine is
9twenty twenty-five dollars.
10(2) For operating violations under section 321I.10,
11subsections 1 and 4, the scheduled fine is fifty sixty-five
12 dollars.
13(3) For operating violations under section 321I.14,
14subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
15section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
16is one hundred thirty dollars.
17c. For improper or defective equipment under section
18321I.13, the scheduled fine is twenty twenty-five dollars.
19d. For violations of section 321I.20, the scheduled fine is
20twenty twenty-five dollars.
21e. For decal violations under section 321I.6, the scheduled
22fine is twenty twenty-five dollars.
23f. For stop signal violations under section 321I.18, the
24scheduled fine is one hundred thirty dollars.
25g. For violations of section 321I.21 and for education
26certificate violations under section 321I.26, subsection 1, the
27scheduled fine is fifty sixty-five dollars.
28h. For violations of section 321I.22, the scheduled fine is
29one hundred thirty dollars.
303. Hunting and fishing violations.
31a. For violations of section 484A.2, the scheduled fine is
32ten fifteen dollars.
33b. For violations of sections 481A.54, 481A.69, 481A.71,
34481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
35483A.27A, the scheduled fine is twenty twenty-five dollars.
-25- 1c. For violations of sections 481A.6, 481A.21, 481A.22,
2481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
3481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
4483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
5scheduled fine is twenty-five thirty dollars.
6d. For violations of sections 481A.7, 481A.24, 481A.47,
7481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
8481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
92, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
10scheduled fine is fifty sixty-five dollars.
11e. For violations of sections 481A.57, 481A.85, 481A.93,
12481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
13483A.42, the scheduled fine is one hundred thirty dollars.
14f. For violations of section 481A.38 relating to the taking,
15pursuing, killing, trapping or ensnaring, buying, selling,
16possessing, or transporting any game, protected nongame
17animals, fur-bearing animals, or fur or skin of the animals,
18mussels, frogs, or fish or part of them, the scheduled fines
19are as follows:
20(1) For deer or turkey, the scheduled fine is one hundred
21thirty dollars.
22(2) For protected nongame, the scheduled fine is one hundred
23thirty dollars.
24(3) For mussels, frogs, spawn, or fish, the scheduled fine
25is twenty-five thirty dollars.
26(4) For other game, the scheduled fine is fifty sixty-five
27 dollars.
28(5) For fur-bearing animals, the scheduled fine is
29seventy-five ninety-five dollars.
30g. For violations of section 481A.38 relating to an attempt
31to take, pursue, kill, trap, buy, sell, possess, or transport
32any game, protected nongame animals, fur-bearing animals, or
33fur or skin of the animals, mussels, frogs, or fish or part of
34them, the scheduled fines are as follows:
35(1) For game or fur-bearing animals, the scheduled fine is
-26-1fifty sixty-five dollars.
2(2) For protected nongame, the scheduled fine is fifty
3 sixty-five dollars.
4(3) For mussels, frogs, spawn, or fish, the scheduled fine
5is ten fifteen dollars.
6h. For violations of section 481A.48 relating to
7restrictions on game birds and animals, the scheduled fines are
8as follows:
9(1) For out-of-season, the scheduled fine is one hundred
10thirty dollars.
11(2) For over limit, the scheduled fine is one hundred thirty
12 dollars.
13(3) For attempt to take, the scheduled fine is fifty
14 sixty-five dollars.
15(4) For general waterfowl restrictions, the scheduled fine
16is fifty sixty-five dollars.
17(a) For no federal stamp, the scheduled fine is fifty
18 sixty-five dollars.
19(b) For unplugged shotgun, the scheduled fine is ten fifteen
20 dollars.
21(c) For possession of other than steel shot, the scheduled
22fine is twenty-five thirty dollars.
23(d) For early or late shooting, the scheduled fine is
24twenty-five thirty dollars.
25(5) For possession of a prohibited pistol or revolver while
26hunting deer, the scheduled fine is one hundred thirty dollars.
27(6) For possession of a prohibited rifle while hunting deer,
28the scheduled fine is two three hundred fifty twenty dollars.
29i. For violations of section 481A.67 relating to general
30violations of fishing laws, the scheduled fine is twenty-five
31 thirty dollars.
32(1) For over limit catch, the scheduled fine is thirty forty
33 dollars.
34(2) For under minimum length or weight, the scheduled fine
35is twenty twenty-five dollars.
-27- 1(3) For out-of-season fishing, the scheduled fine is fifty
2 sixty-five dollars.
3j. For violations of section 481A.73 relating to trotlines
4and throwlines:
5(1) For trotline or throwline violations in legal waters,
6the scheduled fine is twenty-five thirty dollars.
7(2) For trotline or throwline violations in illegal waters,
8the scheduled fine is fifty sixty-five dollars.
9k. For violations of section 481A.144, subsection 4, or
10section 481A.145, subsections 4, 5, and 6, relating to minnows:
11(1) For general minnow violations, the scheduled fine is
12twenty-five thirty dollars.
13(2) For commercial purposes, the scheduled fine is fifty
14 sixty-five dollars.
15l. For violations of section 481A.87 relating to the taking
16or possessing of fur-bearing animals out of season:
17(1) For red fox, gray fox, or mink, the scheduled fine is
18one hundred thirty dollars.
19(2) For all other furbearers, the scheduled fine is fifty
20 sixty-five dollars.
21m. For violations of section 482.4 relating to gear tags:
22(1) For commercial license violations, the scheduled fine
23is one hundred thirty dollars.
24(2) For no gear tags, the scheduled fine is twenty-five
25 thirty dollars.
26n. For violations of section 482.11, the scheduled fine is
27one hundred thirty dollars.
28o. For violations of rules adopted pursuant to section
29483A.1 relating to licenses and permits, the scheduled fines
30are as follows:
31(1) For a license or permit costing ten dollars or less, the
32scheduled fine is twenty twenty-five dollars.
33(2) For a license or permit costing more than ten dollars
34but not more than twenty dollars, the scheduled fine is thirty
35 forty dollars.
-28- 1(3) For a license or permit costing more than twenty dollars
2but not more than forty dollars, the scheduled fine is fifty
3 sixty-five dollars.
4(4) For a license or permit costing more than forty dollars
5but not more than fifty dollars, the scheduled fine is seventy
6 ninety dollars.
7(5) For a license or permit costing more than fifty dollars
8but less than one hundred dollars, the scheduled fine is one
9hundred thirty dollars.
10(6) For a license or permit costing one hundred dollars or
11more, the scheduled fine is two times the cost of the original
12license or permit.
13p. For violations of section 483A.26 relating to false
14claims for licenses:
15(1) For making a false claim for a license by a resident,
16the scheduled fine is fifty sixty-five dollars.
17(2) For making a false claim for a license by a nonresident,
18the scheduled fine is one hundred thirty dollars.
19q. For violations of section 483A.36 relating to the
20conveyance of guns:
21(1) For conveying an assembled, unloaded gun, the scheduled
22fine is twenty-five thirty dollars.
23(2) For conveying a loaded gun, the scheduled fine is fifty
24 sixty-five dollars.
254. Ginseng violations. For a violation of section 456A.24,
26subsection 11, the scheduled fine is one hundred thirty
27 dollars.
285. Aquatic invasive species violations. For violations
29of section 456A.37, subsection 3, the scheduled fine is as
30follows:
31a. For violations of section 456A.37, subsection 3,
32paragraph “a”, the scheduled fine is five six hundred forty
33 dollars.
34b. For violations of section 456A.37, subsection 3,
35paragraph “b”, the scheduled fine is seventy-five ninety-five
-29-1 dollars.
2c. For repeat violations of section 456A.37, subsection 3,
3paragraph “a” or “b”, within the same twelve-month period, the
4scheduled fine shall include an additional fine of five six
5 hundred forty dollars for each violation.
66. Misuse of parks and preserves.
7a. For violations under sections 461A.39, 461A.45, and
8461A.50, the scheduled fine is ten fifteen dollars.
9b. For violations under sections 461A.40, 461A.46, and
10461A.49, the scheduled fine is fifteen twenty dollars.
11c. For violations of sections 461A.35, 461A.42, and 461A.44,
12the scheduled fine is fifty sixty-five dollars.
13d. For violations of section 461A.48, the scheduled fine is
14twenty-five thirty dollars.
15e. For violations under section 461A.43, the scheduled fine
16is thirty forty dollars.
17 Sec. 36. Section 805.8C, Code 2019, is amended to read as
18follows:
19805.8C Miscellaneous scheduled violations.
201. Energy emergency violations. For violations of an
21executive order issued by the governor under the provisions of
22section 473.8, the scheduled fine is fifty sixty-five dollars.
232. Alcoholic beverage violations. For violations of section
24123.49, subsection 2, paragraph “h”, the scheduled fine for a
25licensee or permittee is one thousand five nine hundred twenty
26 dollars, and the scheduled fine for a person who is employed by
27a licensee or permittee is five six hundred forty dollars.
283. Violations related to smoking, tobacco, tobacco products,
29alternative nicotine products, vapor products, and cigarettes.
30a. For violations described in section 142D.9, subsection 1,
31the scheduled fine is fifty dollars, and is a civil penalty,
32and the criminal penalty crime services surcharge under section
33911.1 shall not be added to the penalty, and the court costs
34pursuant to section 805.9, subsection 6, shall not be imposed.
35If the civil penalty assessed for a violation described in
-30-1section 142D.9, subsection 1, is not paid in a timely manner,
2a citation shall be issued for the violation in the manner
3provided in section 804.1. However, a person under age
4eighteen shall not be detained in a secure facility for failure
5to pay the civil penalty. The complainant shall not be charged
6a filing fee.
7b. For violations of section 453A.2, subsection 1, by an
8employee of a retailer, the scheduled fine is as follows:
9(1) If the violation is a first offense, the scheduled fine
10is one hundred thirty dollars.
11(2) If the violation is a second offense, the scheduled fine
12is two three hundred fifty twenty dollars.
13(3) If the violation is a third or subsequent offense, the
14scheduled fine is five six hundred forty dollars.
15c. For violations of section 453A.2, subsection 2, the
16scheduled fine is as follows and is a civil penalty, and the
17criminal penalty crime services surcharge under section 911.1
18shall not be added to the penalty, and the court costs pursuant
19to section 805.9, subsection 6, shall not be imposed:
20(1) If the violation is a first offense, the scheduled fine
21is fifty dollars.
22(2) If the violation is a second offense, the scheduled fine
23is one hundred dollars.
24(3) If the violation is a third or subsequent offense, the
25scheduled fine is two hundred fifty dollars.
264. Electrical or mechanical amusement device violations.
27a. For violations of legal age for operating an electrical
28or mechanical amusement device required to be registered
29as provided in section 99B.53, pursuant to section 99B.57,
30subsection 1, the scheduled fine is two three hundred fifty
31 twenty dollars. Failure to pay the fine by a person under the
32age of eighteen shall not result in the person being detained
33in a secure facility.
34b. For first offense violations concerning electrical or
35mechanical amusement devices as provided in section 99B.54,
-31-1subsection 2, the scheduled fine is two three hundred fifty
2 twenty dollars.
35. Gambling violations.
4a. For violations of legal age for gambling wagering under
5section 99D.11, subsection 7, section 99F.9, subsection 4, and
6section 725.19, subsection 1, the scheduled fine is five six
7 hundred forty dollars. Failure to pay the fine by a person
8under the age of eighteen shall not result in the person being
9detained in a secure facility.
10b. For legal age violations for entering or attempting
11to enter a facility under section 99F.9, subsection 5, the
12scheduled fine is five six hundred forty dollars. Failure to
13pay the fine by a person under the age of eighteen shall not
14result in the person being detained in a secure facility.
156. Pseudoephedrine sales violations. For violations of
16section 126.23A, subsection 1, by an employee of a retailer, or
17for violations of section 126.23A, subsection 2, paragraph “a”,
18by a purchaser, the scheduled fine is as follows:
19a. If the violation is a first offense, the scheduled fine
20is two hundred fifty-five dollars.
21b. If the violation is a second offense, the scheduled fine
22is two three hundred fifty twenty dollars.
23c. If the violation is a third or subsequent offense, the
24scheduled fine is five six hundred forty dollars.
257. Alcoholic beverage violations by persons eighteen,
26nineteen, or twenty years of age. For first offense violations
27of section 123.47, subsection 4, the scheduled fine is two
28hundred fifty-five dollars.
298. Unlicensed premises owner — under eighteen years of age
30consumption or possession. For first offense violations of
31section 123.47, subsection 2, the scheduled fine is two hundred
32fifty-five dollars.
339. Notification violations. For violations of section
34229.22, subsection 6, the scheduled fine is one thousand
35dollars for a first violation and two thousand dollars for a
-32-1second or subsequent violation. The scheduled fine under this
2subsection is a civil penalty, and the criminal penalty crime
3services surcharge under section 911.1 shall not be added to
4the penalty.
510. Scrap metal transaction violations. For violations
6of section 714.27, the scheduled fine is one hundred dollars
7for a first violation, five hundred dollars for a second
8violation within two years, and one thousand dollars for a
9third or subsequent violation within two years. The scheduled
10fine under this subsection is a civil penalty which shall
11be deposited into the general fund of the county or city if
12imposed by a designated officer or employee of a county or
13city, or deposited in the general fund of the state if imposed
14by a state agency, and the criminal penalty crime services
15 surcharge under section 911.1 shall not be added to the
16penalty.
1711. Trespassing violations. For trespasses punishable under
18section 716.8, subsection 1 or 5, the scheduled fine is two
19hundred fifty-five dollars for a first violation, five six
20 hundred forty dollars for a second violation, and one thousand
21two hundred eighty dollars for a third or subsequent violation.
22 Sec. 37. DRIVER IMPROVEMENT PROGRAM FOR A FIRST SCHOOL
23BUS SAFETY OFFENSE. Notwithstanding 2012 Iowa Acts, chapter
241015, section 5, subsection 2, by July 1, 2019, the department
25of transportation shall initiate rulemaking to amend 761 IAC
26615.43 to require a person who is convicted of a first offense
27of section 321.372, subsection 3, to attend and successfully
28complete, at the person’s own expense, a driver improvement
29program approved by the department in lieu of driver’s license
30suspension, subject to all other provisions of 761 IAC 615.43.
31 Sec. 38. EFFECTIVE DATE. The following, being deemed of
32immediate importance, takes effect upon enactment:
33The section of this division of this Act requiring the
34department of transportation to initiate rulemaking.
35DIVISION V
-33-1Misdemeanor and felony fines
2 Sec. 39. Section 902.9, subsection 1, paragraphs d and e,
3Code 2019, are amended to read as follows:
4d. A class “C” felon, not an habitual offender, shall be
5confined for no more than ten years, and in addition shall be
6sentenced to a fine of at least one thousand three hundred
7seventy dollars but not more than ten thirteen thousand six
8hundred sixty dollars.
9e. A class “D” felon, not an habitual offender, shall be
10confined for no more than five years, and in addition shall
11be sentenced to a fine of at least seven hundred fifty one
12thousand twenty-five dollars but not more than seven ten
13 thousand five two hundred forty-five dollars.
14 Sec. 40. Section 903.1, subsections 1 and 2, Code 2019, are
15amended to read as follows:
161. If a person eighteen years of age or older is convicted
17of a simple or serious misdemeanor and a specific penalty is
18not provided for or if a person under eighteen years of age
19has been waived to adult court pursuant to section 232.45 on
20a felony charge and is subsequently convicted of a simple,
21serious, or aggravated misdemeanor, the court shall determine
22the sentence, and shall fix the period of confinement or the
23amount of fine, which fine shall not be suspended by the court,
24within the following limits:
25a. For a simple misdemeanor, there shall be a fine of at
26least sixty-five ninety dollars but not to exceed six eight
27 hundred twenty-five fifty-five dollars. The court may order
28imprisonment not to exceed thirty days in lieu of a fine or in
29addition to a fine.
30b. For a serious misdemeanor, there shall be a fine of at
31least three four hundred fifteen thirty dollars but not to
32exceed one two thousand eight five hundred seventy-five sixty
33 dollars. In addition, the court may also order imprisonment
34not to exceed one year.
352. When a person is convicted of an aggravated misdemeanor,
-34-1and a specific penalty is not provided for, the maximum penalty
2shall be imprisonment not to exceed two years. There shall be
3a fine of at least six eight hundred twenty-five fifty-five
4 dollars but not to exceed six eight thousand two five hundred
5fifty forty dollars. When a judgment of conviction of an
6aggravated misdemeanor is entered against any person and the
7court imposes a sentence of confinement for a period of more
8than one year the term shall be an indeterminate term.
9DIVISION VI
10CRIMINALISTICS LABORATORY FUND
11 Sec. 41. Section 691.9, Code 2019, is amended to read as
12follows:
13691.9 Criminalistics laboratory fund.
14A criminalistics laboratory fund is created as a separate
15fund in the state treasury under the control of the department
16of public safety. The fund shall consist of appropriations
17made to the fund and transfers of interest, moneys collected
18from the crime services surcharge established in section 911.1,
19 and earnings. All moneys in the fund are appropriated to
20the department of public safety for use by the department in
21criminalistics laboratory equipment and supply purchasing,
22maintenance, depreciation, the department of administrative
23services utility service fee for the criminalistics laboratory
24facility in Ankeny, and training. Any balance in the fund on
25June 30 of any fiscal year shall not revert to any other fund of
26the state but shall remain available for the purposes described
27in this section.
28DIVISION VII
29DRUG ABUSE RESISTANCE EDUCATION FUND
30 Sec. 42. NEW SECTION. 80E.4 Drug abuse resistance education
31fund.
32A drug abuse resistance education fund is created as a
33separate fund in the state treasury under the control of the
34governor’s office of drug control policy for use by the drug
35abuse resistance education program and other programs with a
-35-1similar purpose. The fund shall consist of appropriations made
2to the fund and transfers of interest, moneys collected from
3the crime services surcharge established in section 911.1,
4and earnings. All moneys in the fund are appropriated to the
5governor’s office of drug control policy. Notwithstanding
6section 8.33, any balance in the fund on June 30 of any fiscal
7year shall not revert to any other fund of the state but shall
8remain available for the purposes described in this section.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to surcharges added to criminal penalties,
13court funds, civil fees, misdemeanor and felony fines and fines
14associated with scheduled violations.
15DIVISION I — SURCHARGES ADDED TO CRIMINAL PENALTIES.
16 Division I changes the name of the criminal penalty surcharge
17to the crime services surcharge and modifies the distribution
18of the surcharge moneys. Currently, the clerk of the district
19court remits 5 percent of the criminal penalty surcharge to
20the county treasurer of the county that was the plaintiff in
21the action or to the city that was the plaintiff in the action
22and the remaining 95 percent of the criminal penalty surcharge
23moneys as follows: 17 percent is deposited in the victim
24compensation fund established in Code section 915.94, and 83
25percent is deposited in the general fund of the state.
26Under Division I, the clerk of the district court remits 15
27percent of the crime services surcharge to the county treasurer
28of the county that was the plaintiff in the action or to the
29city that was the plaintiff in the action. Additionally,
30under the division, the clerk of the district court remits the
31remaining 85 percent of the crime services surcharge moneys as
32follows: 59 percent is deposited in the victim compensation
33fund established in Code section 915.94, 38 percent is
34deposited in the criminalistics laboratory fund established in
35Code section 691.9 and 3 percent is deposited in the drug abuse
-36-1resistance education fund established in Code section 80E.4.
2Division I provides that the state court administrator shall
3deposit monthly the portion of the moneys collected from the
4assessment of the crime services surcharge and remitted to the
5state court administrator to the victim compensation fund and
6to the criminalistics laboratory fund.
7Division I combines two surcharges into one Code section:
8the domestic abuse assault, sexual abuse, stalking, and human
9trafficking victim surcharge established in Code section 911.2B
10and the domestic abuse protective order contempt surcharge
11established in Code section 911.2C. The new surcharge amount
12is $90. The surcharge is assessed if an adjudication of guilt
13or deferred judgment has been entered for a violation of Code
14section 708.2A, 708.11, or 710A.2, or Code chapter 709, or if a
15defendant is held in contempt of court for violating a domestic
16abuse protective order issued pursuant to Code chapter 236.
17After combining the surcharges, the division repeals the second
18surcharge in Code section 911.2C.
19Division I requires that a person convicted of a crime
20relating to agricultural property (agricultural property theft
21offense) is subject to surcharge equal to $500. The moneys
22are required to be remitted by the clerk of court to the
23state court administrator and are appropriated to the court
24technology and modernization fund for purposes of supporting
25judicial branch operations.
26The agricultural property offense must involve either: (1)
27the theft of agricultural property or (2) criminal mischief
28for damaging, defacing, altering, or destroying agricultural
29property. In addition, it must be classified as a first degree
30offense (class “C” felony), second degree offense (class “D”
31felony), or third degree offense (aggravated misdemeanor).
32The agricultural property is limited to: (1) a crop, (2)
33livestock, or (3) honey bees or associated items.
34The degree of the offense for theft or criminal mischief, and
35its punishment, corresponds to the dollar amount of the value
-37-1of the property subject to the offense. If the value exceeds
2$10,000, the offense is theft or criminal mischief in the first
3degree and punishable as a class “C” felony with confinement
4for no more than 10 years. If the value exceeds $1,000 but
5does not exceed $10,000, the offense is classified as theft
6or criminal mischief in the second degree and punishable as
7a class “D” felony with confinement for no more than five
8years. If the value exceeds $500 but does not exceed $1,000,
9the offense is classified as theft or criminal mischief in
10the third degree and punishable as an aggravated misdemeanor
11with confinement for no more than two years. See Division V
12for current and proposed law on misdemeanor and felony fine
13amounts.
14Division I repeals the law enforcement initiative
15surcharge in Code section 911.3 and the drug abuse resistance
16education surcharge in Code section 911.2. Division I makes
17corresponding changes to the Code.
18DIVISION II — COURT FUNDS. Division II increases the
19allocation to the court technology and modernization fund from
20$1 million to $9 million in Code section 602.8108. Division
21II repeals the enhanced court collections fund in Code section
22602.1304(2). Division II makes corresponding changes to
23the Code. Division II provides that any unobligated or
24unencumbered moneys remaining in the enhanced court collections
25fund in Code section 602.1304 at the end of the fiscal year
26beginning July 1, 2018, and ending June 30, 2019, shall be
27transferred to the court technology and modernization fund.
28DIVISION III — CIVIL FEES. Division III amends Code
29sections 602.8105 and 631.6 to increase fees in civil cases
30by $20, except no increase was made for an appeal from a
31judgment in small claims and the filing fee for an adoption was
32eliminated.
33Division III provides that the judicial branch shall conduct
34a study to determine whether the current fee to appear pro
35hac vice is appropriate. Division III provides that if the
-38-1judicial branch determines that the fee to appear pro hac vice
2is not appropriate, the judicial branch shall adjust the fee
3accordingly.
4DIVISION IV — SCHEDULED VIOLATIONS. Division IV
5reclassifies the following simple misdemeanors as simple
6misdemeanors punishable as scheduled violations: violations of
7Code section 321.24 (issuance of registration and certificate
8of title), violations of Code section 321.260(2) (unlawful
9possession of traffic-control device), violations of Code
10section 321.262 (leaving the scene of an accident), violations
11of Code section 321.264 (striking unattended vehicle),
12violations of Code section 321.265 (striking fixtures upon
13a highway), violations of Code section 321.324A (funeral
14processions), violations of Code section 321.371 (clearing up
15wrecks), violations of Code section 321.383 (exceptions — slow
16vehicles identified), and violations of Code section 321.431
17(brake performance).
18Division IV raises nearly all of the amounts for simple
19misdemeanors punishable as scheduled violations in Code
20sections 805.8A (motor vehicle and transportation), 805.8B
21(navigation, recreation, hunting, and fishing), and 805.8C
22(miscellaneous), by approximately 28 percent.
23Division IV also addresses the public offense of unlawfully
24passing a school bus, which is a simple misdemeanor as a first
25offense. Division IV raises the fine amount by 37 percent
26and provides that the department of transportation shall
27require the person to attend and successfully complete, at the
28person’s own expense, a driver improvement program approved
29by the department in lieu of a driver’s license suspension
30for the offense pursuant to Code section 321.210. Division
31IV instructs the department of transportation to initiate
32rulemaking to implement that policy change and provides for an
33immediate effective date for the rulemaking provision.
34DIVISION V — MISDEMEANOR AND FELONY FINES. Division
35V modifies the minimum and maximum criminal fines for
-39-1misdemeanors and felonies. Currently, a simple misdemeanor
2fine ranges from $65 to $625, a serious misdemeanor fine ranges
3from $315 to $1,875, an aggravated misdemeanor fine ranges
4from $625 to $6,250, a class “D” felony fine ranges from $750
5to $7,500, and a class “C” felony fine ranges from $1,000 to
6$10,000. Under Division V, a simple misdemeanor fine ranges
7from $90 to $855, a serious misdemeanor fine ranges from $430
8to $2,560, an aggravated misdemeanor fine ranges from $855 to
9$8,540, a class “D” felony fine ranges from $1,025 to $10,245,
10and a class “C” felony fine ranges from $1,370 to $13,660.
11DIVISION VI — CRIMINALISTICS LABORATORY FUND. Division VI
12provides that the criminalistics laboratory fund shall consist
13not only of appropriations made to the fund and transfers of
14interest, but also of moneys collected from the crime services
15surcharge established in Code section 911.1. Division VI
16also provides that the moneys in the fund appropriated to the
17department of public safety are for use by the department for
18the department of administrative services utility service
19fee for the criminalistics laboratory facility in Ankeny, in
20addition to the currently authorized criminalistics laboratory
21equipment and supply purchasing, maintenance, depreciation, and
22training.
23DIVISION VII — DRUG ABUSE RESISTANCE EDUCATION FUND.
24 Division VII establishes a drug abuse resistance education
25fund in the state treasury under the control of the governor’s
26office of drug control policy for use by the drug abuse
27resistance education program and other programs with a similar
28purpose. Division VII provides that the fund shall consist
29of appropriations made to the fund and transfers of interest,
30moneys collected from the crime services surcharge established
31in Code section 911.1, and earnings. Division VII provides
32that all moneys in the fund are appropriated to the governor’s
33office of drug control policy and that any balance in the fund
34on June 30 of any fiscal year shall not revert to any other
35fund of the state but shall remain available for the purposes
-40-1described in Division VII.
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