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Senate File 457 - EnrolledAn Actrelating to the criminal and juvenile justice system by
modifying criminal penalties, surcharges, fines, fees, and
costs, creating and modifying funds, making appropriations
and allocating revenues, modifying installment agreements,
modifying civil claims for reimbursement, restitution, and
collection of court debt, and providing effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
surcharges added to criminal penalties AND DISTRIBUTION OF
SURCHARGE MONEYS
Section 1. Section 331.301, subsection 16, Code 2020, is
amended by striking the subsection.
Sec. 2. Section 331.302, subsection 2, Code 2020, is amended
to read as follows:
2. For a violation of an ordinance a county shall not
provide a penalty in excess of the maximum fine and term of
imprisonment for a simple misdemeanor under section 903.1,
subsection 1, paragraph “a”. The criminal penalty crime
services surcharge required by section 911.1 shall be added to
a county fine and is not a part of the county’s penalty.
Sec. 3. Section 356.7, subsection 5, paragraph a, Code 2020,
is amended to read as follows:
a. Of the moneys collected and credited to the county
general fund as provided in this section and section 602.8106,
subsection 4, paragraph “b”, subparagraph (2), sixty percent of
the moneys collected shall be used for the following purposes:
(1) Courthouse security equipment and law enforcement
personnel costs.
(2) Infrastructure improvements of a jail, including new or
remodeling costs.
(3) Infrastructure improvements of juvenile detention
facilities, including new or remodeling costs.
(4) Medical and prescription drug costs of inmates in jail.
Sec. 4. Section 364.3, subsection 2, Code 2020, is amended
to read as follows:
2. For a violation of an ordinance a city shall not
provide a penalty in excess of the maximum fine and term of
imprisonment for a simple misdemeanor under section 903.1,
subsection 1, paragraph “a”. An amount equal to ten twenty
percent of all fines collected by cities shall be deposited
in the account established in section 602.8108. However, one
hundred percent of all fines collected by a city pursuant to
-1-section 321.236, subsection 1, shall be retained by the city.
The criminal penalty crime services surcharge required by
section 911.1 shall be added to a city fine and is not a part
of the city’s penalty.
Sec. 5. Section 602.8102, subsection 135A, Code 2020, is
amended to read as follows:
135A. Assess the surcharges provided by sections 911.1,
911.2,911.2A, 911.2B, 911.2C, 911.3, and 911.4 and 911.5.
Sec. 6. Section 602.8106, subsection 1, paragraphs d and e,
Code 2020, are amended to read as follows:
d. For court costs in scheduled violation cases where a
court appearance is required, sixty fifty-five dollars.
e. For court costs in scheduled violation cases where a
court appearance is not required, sixty fifty-five dollars.
Sec. 7. Section 602.8106, subsections 2, 3, and 4, Code
2020, are amended to read as follows:
2. The clerk of the district court shall remit ninety eighty
percent of all fines and forfeited bail to the city that was
the plaintiff in any action, and shall provide that city with a
statement showing the total number of cases, the total of all
fines and forfeited bail collected, and the total of all cases
dismissed. The remaining ten twenty percent shall be submitted
to the state court administrator.
3. The clerk of the district court shall remit all fines
and forfeited bail for violation of a county ordinance, except
an ordinance relating to vehicle speed or weight restrictions,
to the county treasurer of the county that was the plaintiff
in the action, and shall provide that county with a statement
showing the total number of cases, the total of all fines and
forfeited bail collected, and the total of all cases dismissed,
except all fines and forfeited bail for violation of a county
ordinance relating to vehicle speed or weight restrictions
shall be distributed pursuant to subsection 4, paragraph
“b”. However, if If a county ordinance provides a penalty
for a violation which is also penalized under state law, the
-2-fines and forfeited bail collected for the violation shall be
submitted to the state court administrator distributed pursuant
to subsection 4, paragraph “b”.
4. a. The Except as provided in paragraph “b”, the clerk of
the district court shall submit all other fines, fees, costs,
and forfeited bail received from a magistrate to the state
court administrator.
b. The fine amount for a violation that occurred within the
boundaries of the county shall be distributed as follows:
(1) Ninety-one percent to the state court administrator.
(2) Nine percent to the county treasurer for deposit in the
county general fund where the violation occurred.
Sec. 8. Section 602.8107, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. (1) “Installment agreement” means an agreement made for
the payment of court debt in excess of one hundred dollars in
installments.
(2) The judicial branch may establish a threshold
amount that is lower than the threshold amount specified in
subparagraph (1) by court rule.
Sec. 9. Section 602.8107, subsection 2, paragraph c,
subparagraph (2), Code 2020, is amended to read as follows:
(2) Fines or penalties and criminal penalty and law
enforcement initiative surcharges the crime services surcharge.
Sec. 10. Section 602.8107, subsection 4, paragraph a, Code
2020, is amended to read as follows:
a. This subsection does not apply to amounts collected
for victim restitution, the victim compensation fund, the
criminal penalty crime services surcharge, sex offender civil
penalty, drug abuse resistance education surcharge, the law
enforcement initiative surcharge, county enforcement surcharge,
agricultural theft surcharge, amounts collected as a result
of procedures initiated under subsection 5 or under section
8A.504, or fees charged pursuant to section 356.7.
Sec. 11. Section 602.8108, subsections 3 and 7, Code 2020,
-3-are amended to read as follows:
3. The clerk of the district court shall remit to the state
court administrator, not later than the fifteenth day of each
month, ninety-five percent of all moneys collected from the
criminal penalty surcharge provided in section 911.1 during the
preceding calendar month. The clerk shall remit the remainder
to the county treasurer of the county that was the plaintiff
in the action or to the city that was the plaintiff in the
action. Of the amount received from the clerk, the state
court administrator shall allocate seventeen and deposit each
month forty-six percent in the juvenile detention home fund
in section 232.142, thirty-two percent to be deposited in the
victim compensation fund established in section 915.94, and
eighty-three percent to be deposited in the general fund twenty
percent in the criminalistics laboratory fund established in
section 691.9, and two percent in the drug abuse resistance
education fund established in section 80E.4.
7. The clerk of the district court shall remit all moneys
collected from the assessment of the surcharges surcharge
provided in sections section911.2Band 911.2C to the state
court administrator for deposit in the address confidentiality
program revolving fund created in section 9.8.
Sec. 12. Section 602.8108, subsection 4, Code 2020, is
amended by striking the subsection and inserting in lieu
thereof the following:
4. The clerk of the district court shall remit to the
state court administrator, not later than the fifteenth day of
each month, ninety-one percent of all moneys collected from
county enforcement as provided section 602.8106, subsection 4,
paragraph “b”, subparagraph (1), during the preceding calendar
month. Of the amount received from the clerk, the state court
administrator shall allocate and deposit one and three-tenths
percent in the emergency medical services fund in section
135.25, and shall allocate and deposit the remainder in the
general fund of the state.
-4- Sec. 13. Section 602.8108, subsections 5 and 8, Code 2020,
are amended by striking the subsections.
Sec. 14. Section 602.8108, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 13. The clerk of the district court
shall remit all moneys collected from the agricultural
theft surcharge provided in section 911.5 to the state court
administrator no later than the fifteenth day of each month
for deposit in the general fund of the state, and the amount
deposited is appropriated to the department of agriculture and
land stewardship to support the Iowa emergency food purchase
program fund established in section 190B.201.
Sec. 15. Section 805.8, subsection 1, Code 2020, is amended
to read as follows:
1. Application. Except as otherwise indicated, violations
of sections of the Code specified in sections 805.8A, 805.8B,
and 805.8C are scheduled violations, and the scheduled fine
for each of those violations is as provided in those sections,
whether the violation is of state law or of a county or city
ordinance. The criminal penalty crime services surcharge
required by section 911.1and the county enforcement surcharge
required by section 911.4, if applicable, shall be added to the
scheduled fine.
Sec. 16. Section 902.9, subsection 2, Code 2020, is amended
to read as follows:
2. The surcharges required by sections 911.1, 911.2,
911.2A, and 911.3 911.5 shall be added to a fine imposed on a
class “C” or class “D” felon, as provided by those sections,
and are not a part of or subject to the maximums set in this
section.
Sec. 17. Section 903.1, subsection 4, Code 2020, is amended
to read as follows:
4. The surcharges required by sections 911.1, 911.2,
911.2A, 911.3, and 911.4 and 911.5 shall be added to a fine
imposed on a misdemeanant as provided in those sections,
-5-and are not a part of or subject to the maximums set in this
section.
Sec. 18. Section 911.1, Code 2020, is amended to read as
follows:
911.1 Criminal penalty Crime services surcharge.
1. A criminal penalty crime services surcharge shall be
levied against law violators as provided in this section.
When a court imposes a fine or forfeiture for a violation of
state law, or a city or county ordinance, except an ordinance
regulating the parking of motor vehicles, the court or the
clerk of the district court shall assess an additional penalty
in the form of a criminal penalty crime services surcharge
equal to thirty-five fifteen percent of the fine or forfeiture
imposed.
2. In the event of multiple offenses, the surcharge shall
be based upon the total amount of fines or forfeitures imposed
for all offenses.
3. When a fine or forfeiture is suspended in whole or in
part, the court shall reduce the surcharge in proportion to the
amount suspended.
4. The surcharge is subject to the provisions of chapter
909 governing the payment and collection of fines, as provided
in section 909.8.
5. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 3.
Sec. 19. Section 911.2A, subsection 1, Code 2020, is amended
to read as follows:
1. In addition to any other surcharge, the court or clerk
of the district court shall assess a human trafficking victim
surcharge of one thousand dollars if an adjudication of
guilt or a deferred judgment has been entered for a criminal
violation of section 725.1, subsection 2, or section 710A.2,
725.2, or 725.3.
Sec. 20. Section 911.2B, Code 2020, is amended to read as
follows:
-6- 911.2B Domestic abuse assault, or sexual abuse, stalking, and
human trafficking victim related crimes surcharge.
1. In addition to any other surcharge, the court or clerk
of the district court shall assess a domestic abuse assault,
domestic abuse protective order contempt, sexual abuse,
stalking, and human trafficking victim surcharge of one hundred
ninety dollars if an adjudication of guilt or a deferred
judgment has been entered for a violation of section 708.2A,
708.11, or 710A.2, or chapter 709, or if a defendant is held
in contempt of court for violating a domestic abuse protective
order issued pursuant to chapter 236.
2. In the event of multiple offenses, the surcharge shall be
imposed for each applicable offense.
3. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 7.
Sec. 21. NEW SECTION. 911.5 Agricultural theft surcharge.
1. In addition to any other surcharge, the court or clerk of
the district court shall assess an agricultural theft surcharge
equal to five hundred dollars, if an adjudication of guilt or
a deferred judgment has been entered for a criminal violation
involving any of the following:
a. Theft of agricultural property under section 714.2,
subsection 1, 2, or 3.
b. Criminal mischief under section 716.3, 716.4, or 716.5,
by damaging, defacing, altering, or destroying agricultural
property.
2. As used in this section, agricultural property means any
of the following:
a. A crop as defined in section 717A.1.
b. Livestock as defined in section 717.1.
c. (1) A colony or package as defined in section 160.1A,
or a hive where bees are kept as described in section 160.5,
if the department of agriculture and land stewardship is
authorized by that chapter to inspect the colony, package, or
hive or to regulate the movement of the colony, package, or
-7-hive.
(2) A queen bee that is part of a colony or is being moved
to be part of a colony as described in subparagraph (1).
3. The surcharge shall be remitted by the clerk of the
district court as provided in section 602.8108, subsection 13.
Sec. 22. REPEAL. Sections 911.2, 911.2C, 911.3, and 911.4,
Code 2020, are repealed.
DIVISION II
court funds
Sec. 23. Section 602.1302, subsection 1, Code 2020, is
amended to read as follows:
1. Except as otherwise provided by sections 602.1303,
602.1304, and 602.8108 or other applicable law, the expenses of
operating and maintaining the judicial branch shall be paid out
of the general fund of the state from funds appropriated by the
general assembly for the judicial branch. State funding shall
be phased in as provided in section 602.11101.
Sec. 24. Section 602.1304, subsection 1, Code 2020, is
amended to read as follows:
1. Except as provided in article 8and subsection 2 of this
section, all fees and other revenues collected by judicial
officers and court employees shall be paid into the general
fund of the state.
Sec. 25. Section 602.1304, subsection 2, Code 2020, is
amended by striking the subsection.
Sec. 26. Section 602.8108, subsection 9, Code 2020, is
amended by striking the subsection and inserting in lieu
thereof the following:
9. a. A court technology and modernization fund is
established as a separate fund in the state treasury. The
state court administrator shall allocate seven million dollars
of the moneys received under subsection 2 to be deposited in
the fund, which shall be administered by the judicial branch.
b. The moneys in the fund shall be used to enhance the
ability of the judicial branch to process cases more quickly
-8-and efficiently, to electronically transmit information to
state government, local governments, law enforcement agencies,
and the public, and to improve public access to the court
system. The moneys in the collection fund may also be used for
any the following:
(1) The Iowa court information system.
(2) Records management, equipment, services, and projects.
(3) Other technological improvements approved by the
judicial branch.
(4) Electronic legal research equipment, systems, and
projects.
(5) The study, development, and implementation of other
innovations and projects that would improve the administration
of justice.
(6) Capital improvements necessitated by the installation
of or connection with the Iowa court information system, the
Iowa communications network, or other like networks.
c. The fund shall be separate from the general fund of
the state and the balance in the fund shall not be considered
part of the balance of the general fund of the state.
Notwithstanding section 8.33, moneys in the fund shall not
revert to the general fund. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the court
technology and modernization fund shall remain in the court
technology and modernization fund and any interest and earnings
shall be in addition to the maximum annual deposit amount.
Sec. 27. TRANSFER OF REMAINING FUNDS. Any unobligated
or unencumbered moneys remaining in the enhanced court
collections fund in section 602.1304 at the end of the fiscal
year beginning July 1, 2019, and ending June 30, 2020, shall be
transferred to the court technology and modernization fund.
DIVISION III
civil fees AND COURT COSTS
Sec. 28. Section 602.8105, subsections 1 and 2, Code 2020,
are amended to read as follows:
-9- 1. The clerk of the district court shall collect the
following fees:
a. Except as otherwise provided in this subsection, for
filing and docketing a petition, one hundred eighty-five
ninety-five dollars. In counties having a population of
ninety-eight thousand or over, an additional five dollars shall
be charged and collected to be known as the journal publication
fee and used for the purposes provided for in section 618.13.
0b. For filing and docketing a petition for dissolution
of marriage, which includes the docketing of any dissolution
decree, two hundred sixty-five dollars. It is the intent of
the general assembly that twenty percent of the funds generated
from these fees be appropriated and used for sexual assault
and domestic violence centers and eighty percent of the funds
generated from these fees be appropriated to the general fund
of the state.
b. For filing and docketing a petition pursuant to chapter
598 other than a dissolution of marriage petition, one hundred
ten dollars.
c. For filing and docketing an application for modification
of a dissolution decree to which a written stipulation is
attached at the time of filing containing the agreement of the
parties to the terms of modification, one hundred ten dollars.
d. For entering a final decree of dissolution of marriage,
fifty dollars. It is the intent of the general assembly that
the funds generated from the dissolution fees be appropriated
and used for sexual assault and domestic violence centers.
e. d. For filing and docketing a petition for adoption
pursuant to chapter 600, one hundred zero dollars. For
multiple adoption petitions filed at the same time by the same
petitioner under section 600.3, the filing fee and any court
costs for any petition filed in addition to the first petition
filed are waived.
f. e. For filing and docketing a small claims action, the
amounts specified in section 631.6.
-10- g. f. For an appeal from a judgment in small claims or for
filing and docketing a writ of error, one hundred eighty-five
ninety-five dollars.
h. g. For a motion to show cause in a civil case, fifty
sixty dollars.
i. h. For filing and docketing a transcript of the judgment
in a civil case, fifty sixty dollars.
j. i. For filing a tribal judgment, one hundred ten
dollars.
2. The clerk of the district court shall collect the
following fees for miscellaneous services:
a. For filing and entering any other statutory lien, fifty
sixty dollars.
b. For a certificate and seal, twenty thirty dollars.
However, there shall be no charge for a certificate and seal to
an application to procure a pension, bounty, or back pay for a
member of the armed services or other person.
c. For certifying a change in title of real estate, fifty
sixty dollars.
d. For filing a praecipe to issue execution under chapter
626, twenty-five thirty-five dollars. The fee shall be
recoverable by the creditor from the debtor against whom the
execution is issued. A fee payable by a political subdivision
of the state under this paragraph shall be collected by the
clerk of the district court as provided in section 602.8109.
However, the fee shall be waived and shall not be collected
from a political subdivision of the state if a county attorney
or county attorney’s designee is collecting a delinquent
judgment pursuant to section 602.8107, subsection 4.
e. For filing a praecipe to issue execution under chapter
654, fifty sixty dollars.
f. For filing a confession of judgment under chapter 676,
fifty sixty dollars if the judgment is five thousand dollars or
less, and one hundred ten dollars if the judgment exceeds five
thousand dollars.
-11- g. For filing a lis pendens, fifty sixty dollars.
h. For applicable convictions under section 692A.110 prior
to July 1, 2009, a civil penalty of two hundred ten dollars,
and for applicable convictions under section 692A.110 on or
after July 1, 2009, a civil penalty of two hundred fifty sixty
dollars.
i. Other fees provided by law.
Sec. 29. Section 602.8106, subsection 1, paragraph d, Code
2020, is amended to read as follows:
d. For court costs in scheduled violation cases where a
court appearance is required, sixty fifty-five dollars.
Sec. 30. Section 631.6, subsection 1, paragraphs a and c,
Code 2020, are amended to read as follows:
a. Fees for filing and docketing shall be eighty-five
ninety-five dollars.
c. Postage charged for the mailing of original notice shall
be ten twenty dollars.
DIVISION IV
scheduled violations
Sec. 31. Section 321.24, subsection 12, Code 2020, is
amended to read as follows:
12. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 2, paragraph “b”.
Sec. 32. Section 321.260, subsection 2, Code 2020, is
amended to read as follows:
2. It shall be unlawful for any person to have in the
person’s possession any official traffic-control device
except by legal right or authority. Any person convicted
of unauthorized possession of any official traffic-control
device shall upon conviction be guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 8, paragraph “c”. In addition to any other
penalties, the punishment imposed for a violation of this
subsection shall include assessment of a fine of not less than
-12-two hundred fifty dollars.
Sec. 33. Section 321.262, subsection 2, Code 2020, is
amended to read as follows:
2. The drivershall remain at the scene of the accident
until the driver has fulfilled the requirements of section
321.263. Any person failing to remain at the scene of the
accident or fulfill the requirements of section 321.263 under
such circumstances shall be guilty of a simple misdemeanor
and punished as provided in section 321.482 punishable as
a scheduled violation under section 805.8A, subsection 14,
paragraph “m”.
Sec. 34. Section 321.264, Code 2020, is amended to read as
follows:
321.264 Striking unattended vehicle.
The driver of any vehicle which collides with any vehicle
which is unattended shall immediately stop and shall then and
there either locate and notify the operator or owner of such
vehicle of the name and address of the driver and owner of the
vehicle striking the unattended vehicle or shall leave in a
conspicuous place in the vehicle struck a written notice giving
the name and address of the driver and of the owner of the
vehicle doing the striking and a statement of the circumstances
thereof. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 14, paragraph “n”.
Sec. 35. Section 321.265, Code 2020, is amended to read as
follows:
321.265 Striking fixtures upon a highway.
The driver of a vehicle involved in an accident resulting
in damage to property legally upon or adjacent to a highway
shall take reasonable steps to locate and notify the owner,
a peace officer, or person in charge of the damaged property
of the damage and shall inform the person of the driver’s name
and address and the registration number of the vehicle causing
the damage and shall, upon request and if available, exhibit
-13-the driver’s license of the driver of the vehicle and shall
report the accident when and as required in section 321.266. A
person who violates this section commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 14, paragraph “o”.
Sec. 36. Section 321.324A, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. A person who violates this section
commits a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “0s”.
Sec. 37. Section 321.371, subsection 2, Code 2020, is
amended to read as follows:
2. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 14, paragraph “p”.
Sec. 38. Section 321.372, subsection 5, paragraph b,
subparagraph (1), Code 2020, is amended to read as follows:
(1) For a first offense under subsection 3, the person is
guilty of a simple misdemeanor punishable by a fine of at least
two hundred fifty three hundred forty-five dollars but not more
than six hundred seventy-five nine hundred thirty dollars or
by imprisonment for not more than thirty days, or by both. The
department may require the person to attend and successfully
complete, at the person’s own expense, a driver improvement
program approved by the department in lieu of driver’s license
suspension for the offense pursuant to section 321.210.
Sec. 39. Section 321.383, subsection 4, Code 2020, is
amended to read as follows:
4. Any Except as provided in subsection 5, any person
who violates any provision of this sectionshall be fined
as provided in commits a simple misdemeanor punishable as a
scheduled violation undersection 805.8A, subsection 3.
Sec. 40. Section 321.383, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. A person who operates a self-propelled
-14-implement of husbandry at a speed which exceeds the limit
of thirty-five miles per hour commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 5.
Sec. 41. Section 321.431, subsection 6, Code 2020, is
amended to read as follows:
6. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 3, paragraph “ad”.
Sec. 42. Section 805.8A, Code 2020, is amended to read as
follows:
805.8A Motor vehicle and transportation scheduled violations.
1. Parking violations.
a. For parking violations under sections 321.236, 321.239,
321.358, 321.360, and 321.361, the scheduled fine is five
dollars, except if the local authority has established the
fine by ordinance. The scheduled fine for a parking violation
pursuant to section 321.236 increases by five dollars if
authorized by ordinance and if the parking violation is not
paid within thirty days of the date upon which the violation
occurred. For purposes of calculating the unsecured appearance
bond required under section 805.6, the scheduled fine shall
be five dollars, or if the amount of the fine is greater than
five dollars, the unsecured appearance bond shall be the amount
of the fine established by the local authority. However,
violations charged by a city or county upon simple notice of a
fine instead of a uniform citation and complaint required by
section 321.236, subsection 1, paragraph “b”, are not scheduled
violations, and this section shall not apply to any offense
charged in that manner. For a parking violation under section
461A.38, the scheduled fine is ten dollars. For a parking
violation under section 321.362, the scheduled fine is twenty
dollars.
b. For a parking violation under section 321L.2A, subsection
2, the scheduled fine is twenty dollars.
-15- c. For violations under section 321L.2A, subsection 3,
sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
scheduled fine is two hundred dollars.
2. Title and registration violations. For title or
registration violations under the following sections, the
scheduled fine is as follows:
a. Section 321.17$ 50 $ 70.
b. Section 321.24$135.
b. c. Section 321.25$100 $135.
c. d. Section 321.32$ 20 $ 30.
d. e. Section 321.34$ 20 $ 30.
e. f. Section 321.37$ 20 $ 30.
f. g. Section 321.38$ 20 $ 30.
g. h. Section 321.41$ 20 $ 30.
h. i. Section 321.45$100 $135.
i. j. Section 321.46$100 $135.
j. k. Section 321.47$100 $135.
k. l. Section 321.48$100 $135.
l. m. Section 321.52$100 $135.
m. n. Section 321.55$ 50 $ 70.
n. o. Section 321.57$100 $135.
o. p. Section 321.62$100 $135.
p. q. Section 321.67$100 $135.
q. r. Section 321.98$ 50 $ 70.
r. s. Section 321.99$200 $260.
s. t. Section 321.104$100 $135.
t. u. Section 321.115$ 30 $ 45.
u. v. Section 321.115A$ 30 $ 45.
3. Equipment violations. For equipment violations under the
following sections, the scheduled fine is as follows:
a. Section 321.234A$ 50 $ 70.
b. Section 321.247$100 $135.
c. Section 321.317$ 20 $ 30.
d. Section 321.381$100 $135.
e. Section 321.381A$100 $135.
-16- f. Section 321.382$ 25 $ 35.
g. Section 321.383, subsection 4$ 30 $ 45.
h. Section 321.384$ 30 $ 45.
i. Section 321.385$ 30 $ 45.
j. Section 321.386$ 30 $ 45.
k. Section 321.387$ 20 $ 30.
l. Section 321.388$ 20 $ 30.
m. Section 321.389$ 20 $ 30.
n. Section 321.390$ 20 $ 30.
o. Section 321.392$ 20 $ 30.
p. Section 321.393$ 20 $ 30.
q. Section 321.398$ 30 $ 45.
r. Section 321.402$ 30 $ 45.
s. Section 321.403$ 30 $ 45.
t. Section 321.404$ 30 $ 45.
u. Section 321.404A$ 25 $ 35.
v. Section 321.409$ 30 $ 45.
w. Section 321.415$ 30 $ 45.
x. Section 321.419$ 30 $ 45.
y. Section 321.420$ 30 $ 45.
z. Section 321.421$ 30 $ 45.
aa. Section 321.422$ 20 $ 30.
ab. Section 321.423$ 30 $ 45.
ac. Section 321.430$100 $135.
ad. Section 321.431$135.
ad. ae. Section 321.432$ 20 $ 30.
ae. af. Section 321.433$ 30 $ 45.
af. ag. Section 321.436$ 20 $ 30.
ag. ah. Section 321.438$ 50 $ 70.
ah. ai. Section 321.439$ 20 $ 30.
ai. aj. Section 321.440$ 20 $ 30.
aj. ak. Section 321.441$ 20 $ 30.
ak. al. Section 321.442$ 20 $ 30.
al. am. Section 321.444$ 20 $ 30.
4. Driver’s license violations. For driver’s license
-17-violations under the following sections, the scheduled fine is
as follows:
a. Section 321.174$ 200 $ 260.
b. Section 321.174A$ 50 $ 70.
c. Section 321.178, subsection 2,
paragraph “a”, subparagraph (2)$ 30 $ 45.
d. Section 321.180$ 50 $ 70.
e. Section 321.180B$ 50 $ 70.
f. Section 321.193$ 50 $ 70.
g. Section 321.194$ 50 $ 70.
h. Section 321.216$ 100 $ 135.
i. Section 321.216B$ 200 $ 260.
j. Section 321.216C$ 200 $ 260.
k. Section 321.219$ 200 $ 260.
l. Section 321.220$ 200 $ 260.
5. Speed violations.
a. For excessive speed violations in excess of the limit
under section 321.236, subsections 5 and 11, sections section
321.285, section 321.383, subsection 5, and section461A.36,
the scheduled fine shall be the following:
(1) Twenty Thirty dollars for speed not more than five miles
per hour in excess of the limit.
(2) Forty Fifty-five dollars for speed greater than five but
not more than ten miles per hour in excess of the limit.
(3) Eighty One hundred five dollars for speed greater than
ten but not more than fifteen miles per hour in excess of the
limit.
(4) Ninety One hundred twenty dollars for speed greater
than fifteen but not more than twenty miles per hour in excess
of the limit.
(5) One hundred thirty-five dollars plus five dollars for
each mile per hour of excessive speed over twenty miles per
hour over the limit.
b. Excessive speed by a school bus is punishable as provided
in subsection 10.
-18- c. Excessive speed in conjunction with a violation of
section 321.278 is not a scheduled violation, whatever the
amount of excess speed.
d. For a violation under section 321.295, the scheduled fine
is fifty seventy dollars.
6. Operating violations. For operating violations under the
following sections, the scheduled fine is as follows:
a. Section 321.236, subsections 3, 4, 9,
and 12$ 20 $ 30.
b. Section 321.275, subsections 1
through 7$ 35 $ 50.
c. Section 321.277A$ 35 $ 50.
d. Section 321.288$100 $135.
e. Section 321.297$100 $135.
f. Section 321.299$100 $135.
g. Section 321.302$100 $135.
h. Section 321.303$100 $135.
i. Section 321.304, subsections 1
and 2$100 $135.
j. Section 321.305$100 $135.
k. Section 321.306$100 $135.
l. Section 321.311$100 $135.
m. Section 321.312$100 $135.
n. Section 321.314$100 $135.
o. Section 321.315$ 35 $ 50.
p. Section 321.316$ 35 $ 50.
q. Section 321.318$ 35 $ 50.
r. Section 321.323$100 $135.
0s. Section 321.324A$135.
s. Section 321.340$100 $135.
t. Section 321.353$100 $135.
u. Section 321.354$100 $135.
v. Section 321.363$ 35 $ 50.
w. Section 321.365$ 35 $ 50.
x. Section 321.366$100 $135.
-19- y. Section 321.395$100 $135.
7. Failure to yield or obey violations. For failure to yield
or obey violations under the following sections, the scheduled
fine is as follows:
a. Section 321.257, subsection 2, for a violation by an
operator of a motor vehicle$100 $135.
b. Section 321.298$100 $135.
c. Section 321.307$100 $135.
d. Section 321.313$100 $135.
e. Section 321.319$100 $135.
f. Section 321.320$100 $135.
g. Section 321.321$100 $135.
h. Section 321.327$100 $135.
i. Section 321.329$100 $135.
j. Section 321.333$100 $135.
8. Traffic sign or signal violations. For traffic sign or
signal violations under the following sections, the scheduled
fine is as follows:
a. Section 321.236, subsections 2 and 6$ 35 $ 50.
b. Section 321.256$100 $135.
c. Section 321.260, subsection 2$455.
c. d. Section 321.294$100 $135.
d. e. Section 321.304, subsection 3$100 $135.
e. f. Section 321.322$100 $135.
9. Bicycle or pedestrian violations. For bicycle or
pedestrian violations under the following sections, the
scheduled fine for a pedestrian or bicyclist is as follows:
a. Section 321.234, subsections 3 and 4$ 25 $ 35.
b. Section 321.236, subsection 10$ 15 $ 25.
c. Section 321.257, subsection 2$ 25 $ 35.
d. Section 321.275, subsection 8$ 25 $ 35.
e. Section 321.325$ 25 $ 35.
f. Section 321.326$ 25 $ 35.
g. Section 321.328$ 25 $ 35.
h. Section 321.331$ 25 $ 35.
-20- i. Section 321.332$ 25 $ 35.
j. Section 321.397$ 25 $ 35.
k. Section 321.434$ 25 $ 35.
9A. Electric personal assistive mobility device
violations. For violations under section 321.235A, the
scheduled fine is fifteen twenty-five dollars.
10. School bus violations. For violations by an operator of
a school bus under sections 321.285 and 321.372, subsections 1
and 2, the scheduled fine is one hundred thirty-five dollars.
However, an excessive speed violation by a school bus of
more than ten miles per hour in excess of the limit is not a
scheduled violation.
11. a. Emergency vehicle and equipment-related
violations. For violations relating to authorized emergency
vehicles, fire apparatus and equipment, and police bicycles
under the following sections, the scheduled fine is as follows:
(1) Section 321.231$100 $135.
(2) Section 321.323A, subsection 1$100 $135.
(3) Section 321.324$100 $135.
(4) Section 321.367$100 $135.
(5) Section 321.368$100 $135.
b. Violations relating to stationary nonemergency vehicles.
For violations relating to the approach of certain stationary
nonemergency vehicles under section 321.323A, subsections 2 and
3, the scheduled fine is one hundred thirty-five dollars.
12. Restrictions on vehicles.
a. For violations under sections 321.309, 321.310, 321.394,
321.461, and 321.462, the scheduled fine is thirty-five fifty
dollars.
b. For violations under section 321.437, the scheduled fine
is thirty-five fifty dollars.
c. For height, length, width, and load violations under
sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
scheduled fine is two hundred sixty dollars.
d. For violations under section 321.466, the scheduled fine
-21-is twenty twenty-five dollars for each two thousand pounds or
fraction thereof of overweight.
e. (1) Violations of the schedule of axle and tandem axle
and gross or group of axle weight violations in section 321.463
shall be scheduled violations subject to the provisions,
procedures, and exceptions contained in sections 805.6 through
805.11, irrespective of the amount of the fine under that
schedule.
(a) Violations of the schedule of weight violations shall be
chargeable, where the fine charged does not exceed one thousand
dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where
the fine charged exceeds one thousand dollars shall, when the
violation is admitted and section 805.9 applies, be chargeable
upon uniform citation and complaint, indictment, or county
attorney’s information, but otherwise shall be chargeable only
upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight
violations, the charge shall specify the amount of fine charged
under the schedule. Where a defendant is convicted and the
fine under the foregoing schedule of weight violations exceeds
one thousand dollars, the conviction shall be of an indictable
offense although section 805.9 is employed and whether the
violation is charged upon uniform citation and complaint,
indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the
provisions relating to weight, the scheduled fine is two
hundred sixty dollars.
13. Motor carrier and other operator violations.
a. (1) For a violation under section 321.54, the scheduled
fine is thirty forty-five dollars.
(2) For violations under sections 326.22 and 326.23, the
scheduled fine is fifty seventy dollars.
b. For a violation under section 321.449, 321.449A, or
321.449B, the scheduled fine is fifty seventy dollars.
-22- c. For violations under sections 321.364, 321.450, 321.460,
and 452A.52, the scheduled fine is two hundred sixty dollars.
d. For violations of section 325A.3, subsection 6, or
section 325A.8, the scheduled fine is one hundred thirty-five
dollars.
e. For violations of chapter 325A, other than a violation of
section 325A.3, subsection 6, or section 325A.8, the scheduled
fine is two three hundred fifty twenty-five dollars.
f. For violations of section 327B.1, subsection 1 or 3, the
scheduled fine is two three hundred fifty twenty-five dollars.
14. Miscellaneous violations.
a. Failure to obey a peace officer. For a violation under
section 321.229, the scheduled fine is one hundred thirty-five
dollars.
b. Abandoning a motor vehicle. For a violation under
section 321.91, the scheduled fine is two hundred sixty
dollars.
c. Seat belt or restraint violations.
(1) For a violation under section 321.445, the scheduled
fine is fifty seventy dollars.
(2) For a violation under section 321.446, the scheduled
fine is one hundred thirty-five dollars.
d. Litter and debris violations. For violations under
sections 321.369 and 321.370, the scheduled fine is seventy
ninety dollars.
e. Open container violations. For violations under sections
321.284 and 321.284A, the scheduled fine is two hundred sixty
dollars.
f. Proof of financial responsibility. If, in connection
with a motor vehicle accident, a person is charged and found
guilty of a violation of section 321.20B, subsection 1,
the scheduled fine is five six hundred forty-five dollars;
otherwise, the scheduled fine for a violation of section
321.20B, subsection 1, is two three hundred fifty twenty-five
dollars. Notwithstanding section 805.12, fines collected
-23-pursuant to this paragraph shall be submitted to the state
court administrator and distributed fifty percent to the victim
compensation fund established in section 915.94, twenty-five
percent to the county in which such fine is imposed, and
twenty-five percent to the general fund of the state.
g. Speed detection jamming devices. For a violation under
section 321.232, the scheduled fine is one hundred thirty-five
dollars.
h. Railroad crossing violations. For violations under
sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
the scheduled fine is two hundred sixty dollars.
i. Road work zone violations. The scheduled fine for any
moving traffic violation under chapter 321, as provided in
this section, shall be doubled if the violation occurs within
any road work zone, as defined in section 321.1. However,
notwithstanding subsection 5, the scheduled fine for violating
the speed limit in a road work zone is as follows:
(1) One hundred fifty ninety-five dollars for speed not more
than ten miles per hour over the posted speed limit.
(2) Three hundred ninety dollars for speed greater than ten
but not more than twenty miles per hour over the posted speed
limit.
(3) Five Six hundred forty-five dollars for speed greater
than twenty but not more than twenty-five miles per hour over
the posted speed limit.
(4) One thousand two hundred eighty-five dollars for speed
greater than twenty-five miles per hour over the posted speed
limit.
j. Vehicle component parts records violations. For
violations under section 321.95, the scheduled fine is fifty
seventy dollars.
k. Actions against a person on a bicycle. For violations
under section 321.281, the scheduled fine is two three hundred
fifty twenty-five dollars.
l. Writing, sending, or viewing an electronic message while
-24-driving violations. For violations under section 321.276, the
scheduled fine is thirty forty-five dollars.
m. Leaving scene of traffic accident. For violations under
section 321.262, the scheduled fine is one hundred thirty-five
dollars.
n. Striking unattended vehicle. For violations under
section 321.264, the scheduled fine is one hundred thirty-five
dollars.
o. Striking fixtures upon highway. For violations under
section 321.265, the scheduled fine is one hundred thirty-five
dollars.
p. Clearing up wrecks. For violations under section
321.371, the scheduled fine is thirty-five dollars.
Sec. 43. Section 805.8B, Code 2020, is amended to read as
follows:
805.8B Navigation, recreation, hunting, and fishing scheduled
violations.
1. Navigation violations.
a. For violations of registration, inspections,
identification, and record provisions under sections 462A.5,
462A.35, and 462A.37, and for unused or improper or defective
lights and warning devices under section 462A.9, subsections 3,
4, 5, 9, and 10, the scheduled fine is ten twenty dollars.
b. For violations of registration, identification, and
record provisions under sections 462A.4 and 462A.10, and for
unused or improper or defective equipment under section 462A.9,
subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
for operation violations under sections 462A.26, 462A.31, and
462A.33, the scheduled fine is twenty thirty dollars.
c. For operating violations under sections 462A.12, 462A.15,
subsection 1, sections 462A.24, and 462A.34, the scheduled fine
is twenty-five thirty-five dollars. However, a violation of
section 462A.12, subsection 2, is not a scheduled violation.
d. For violations of use, location, and storage of vessels,
devices, and structures under sections 462A.27, 462A.28, and
-25-462A.32, the scheduled fine is fifteen twenty-five dollars.
e. For violations of all subdivision ordinances under
section 462A.17, subsection 2, except those relating to
matters subject to regulation by authority of section 462A.31,
subsection 5, the scheduled fine is the same as prescribed for
similar violations of state law. For violations of subdivision
ordinances for which there is no comparable state law, the
scheduled fine is ten twenty dollars.
2. Snowmobile violations.
a. For registration or user permit violations under section
321G.3, subsection 1, or section 321G.4B, the scheduled fine is
fifty sixty-five dollars.
b. (1) For operating violations under section 321G.9, the
scheduled fine is fifty seventy dollars.
(2) For operating violations under sections 321G.11 and
321G.13, subsection 1, paragraph “d”, the scheduled fine is
twenty thirty dollars.
(3) For operating violations under section 321G.13,
subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
and section 321G.13, subsections 2 and 3, the scheduled fine is
one hundred thirty-five dollars.
c. For improper or defective equipment under section
321G.12, the scheduled fine is twenty thirty dollars.
d. For violations of section 321G.19, the scheduled fine is
twenty thirty dollars.
e. For decal violations under section 321G.5, the scheduled
fine is twenty thirty dollars.
f. For stop signal violations under section 321G.17, the
scheduled fine is one hundred thirty-five dollars.
g. For violations of section 321G.20 and for education
certificate violations under section 321G.24, subsection 1, the
scheduled fine is fifty seventy dollars.
h. For violations of section 321G.21, the scheduled fine is
one hundred thirty-five dollars.
2A. All-terrain vehicle violations.
-26- a. For registration or user permit violations under section
321I.3, subsection 1, the scheduled fine is fifty seventy
dollars.
b. (1) For operating violations under sections 321I.12 and
321I.14, subsection 1, paragraph “d”, the scheduled fine is
twenty thirty dollars.
(2) For operating violations under section 321I.10,
subsections 1 and 4, the scheduled fine is fifty seventy
dollars.
(3) For operating violations under section 321I.14,
subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
is one hundred thirty-five dollars.
c. For improper or defective equipment under section
321I.13, the scheduled fine is twenty thirty dollars.
d. For violations of section 321I.20, the scheduled fine is
twenty thirty dollars.
e. For decal violations under section 321I.6, the scheduled
fine is twenty thirty dollars.
f. For stop signal violations under section 321I.18, the
scheduled fine is one hundred thirty-five dollars.
g. For violations of section 321I.21 and for education
certificate violations under section 321I.26, subsection 1, the
scheduled fine is fifty seventy dollars.
h. For violations of section 321I.22, the scheduled fine is
one hundred thirty-five dollars.
3. Hunting and fishing violations.
a. For violations of section 484A.2, the scheduled fine is
ten twenty dollars.
b. For violations of sections 481A.54, 481A.69, 481A.71,
481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
483A.27A, the scheduled fine is twenty thirty dollars.
c. For violations of sections 481A.6, 481A.21, 481A.22,
481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
-27-483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
scheduled fine is twenty-five thirty-five dollars.
d. For violations of sections 481A.7, 481A.24, 481A.47,
481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
2, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
scheduled fine is fifty seventy dollars.
e. For violations of sections 481A.57, 481A.85, 481A.93,
481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
483A.42, the scheduled fine is one hundred thirty-five dollars.
f. For violations of section 481A.38 relating to the taking,
pursuing, killing, trapping or ensnaring, buying, selling,
possessing, or transporting any game, protected nongame
animals, fur-bearing animals, or fur or skin of the animals,
mussels, frogs, or fish or part of them, the scheduled fines
are as follows:
(1) For deer or turkey, the scheduled fine is one hundred
thirty-five dollars.
(2) For protected nongame, the scheduled fine is one hundred
thirty-five dollars.
(3) For mussels, frogs, spawn, or fish, the scheduled fine
is twenty-five thirty-five dollars.
(4) For other game, the scheduled fine is fifty seventy
dollars.
(5) For fur-bearing animals, the scheduled fine is
seventy-five one hundred dollars.
g. For violations of section 481A.38 relating to an attempt
to take, pursue, kill, trap, buy, sell, possess, or transport
any game, protected nongame animals, fur-bearing animals, or
fur or skin of the animals, mussels, frogs, or fish or part of
them, the scheduled fines are as follows:
(1) For game or fur-bearing animals, the scheduled fine is
fifty seventy dollars.
(2) For protected nongame, the scheduled fine is fifty
seventy dollars.
-28- (3) For mussels, frogs, spawn, or fish, the scheduled fine
is ten twenty dollars.
h. For violations of section 481A.48 relating to
restrictions on game birds and animals, the scheduled fines are
as follows:
(1) For out-of-season, the scheduled fine is one hundred
thirty-five dollars.
(2) For over limit, the scheduled fine is one hundred
thirty-five dollars.
(3) For attempt to take, the scheduled fine is fifty seventy
dollars.
(4) For general waterfowl restrictions, the scheduled fine
is fifty seventy dollars.
(a) For no federal stamp, the scheduled fine is fifty
seventy dollars.
(b) For unplugged shotgun, the scheduled fine is ten twenty
dollars.
(c) For possession of other than steel shot, the scheduled
fine is twenty-five thirty-five dollars.
(d) For early or late shooting, the scheduled fine is
twenty-five thirty-five dollars.
(5) For possession of a prohibited pistol or revolver while
hunting deer, the scheduled fine is one hundred thirty-five
dollars.
(6) For possession of a prohibited rifle while hunting
deer, the scheduled fine is two three hundred fifty twenty-five
dollars.
i. For violations of section 481A.67 relating to general
violations of fishing laws, the scheduled fine is twenty-five
thirty-five dollars.
(1) For over limit catch, the scheduled fine is thirty
forty-five dollars.
(2) For under minimum length or weight, the scheduled fine
is twenty thirty dollars.
(3) For out-of-season fishing, the scheduled fine is fifty
-29- seventy dollars.
j. For violations of section 481A.73 relating to trotlines
and throwlines:
(1) For trotline or throwline violations in legal waters,
the scheduled fine is twenty-five thirty-five dollars.
(2) For trotline or throwline violations in illegal waters,
the scheduled fine is fifty seventy dollars.
k. For violations of section 481A.144, subsection 4, or
section 481A.145, subsections 4, 5, and 6, relating to minnows:
(1) For general minnow violations, the scheduled fine is
twenty-five thirty-five dollars.
(2) For commercial purposes, the scheduled fine is fifty
seventy dollars.
l. For violations of section 481A.87 relating to the taking
or possessing of fur-bearing animals out of season:
(1) For red fox, gray fox, or mink, the scheduled fine is
one hundred thirty-five dollars.
(2) For all other furbearers, the scheduled fine is fifty
seventy dollars.
m. For violations of section 482.4 relating to gear tags:
(1) For commercial license violations, the scheduled fine
is one hundred thirty-five dollars.
(2) For no gear tags, the scheduled fine is twenty-five
thirty-five dollars.
n. For violations of section 482.11, the scheduled fine is
one hundred thirty-five dollars.
o. For violations of rules adopted pursuant to section
483A.1 relating to licenses and permits, the scheduled fines
are as follows:
(1) For a license or permit costing ten dollars or less, the
scheduled fine is twenty thirty dollars.
(2) For a license or permit costing more than ten dollars
but not more than twenty dollars, the scheduled fine is thirty
forty-five dollars.
(3) For a license or permit costing more than twenty dollars
-30-but not more than forty dollars, the scheduled fine is fifty
seventy dollars.
(4) For a license or permit costing more than forty dollars
but not more than fifty dollars, the scheduled fine is seventy
ninety-five dollars.
(5) For a license or permit costing more than fifty dollars
but less than one hundred dollars, the scheduled fine is one
hundred thirty-five dollars.
(6) For a license or permit costing one hundred dollars or
more, the scheduled fine is two times the cost of the original
license or permit.
p. For violations of section 483A.26 relating to false
claims for licenses:
(1) For making a false claim for a license by a resident,
the scheduled fine is fifty seventy dollars.
(2) For making a false claim for a license by a nonresident,
the scheduled fine is one hundred thirty-five dollars.
q. For violations of section 483A.36 relating to the
conveyance of guns:
(1) For conveying an assembled, unloaded gun, the scheduled
fine is twenty-five thirty-five dollars.
(2) For conveying a loaded gun, the scheduled fine is fifty
seventy dollars.
4. Ginseng violations. For a violation of section 456A.24,
subsection 11, the scheduled fine is one hundred thirty-five
dollars.
5. Aquatic invasive species violations. For violations
of section 456A.37, subsection 3, the scheduled fine is as
follows:
a. For violations of section 456A.37, subsection 3,
paragraph “a”, the scheduled fine is five six hundred forty-five
dollars.
b. For violations of section 456A.37, subsection 3,
paragraph “b”, the scheduled fine is seventy-five one hundred
dollars.
-31- c. For repeat violations of section 456A.37, subsection 3,
paragraph “a” or “b”, within the same twelve-month period, the
scheduled fine shall include an additional fine of five six
hundred forty-five dollars for each violation.
6. Misuse of parks and preserves.
a. For violations under sections 461A.39, 461A.45, and
461A.50, the scheduled fine is ten twenty dollars.
b. For violations under sections 461A.40, 461A.46, and
461A.49, the scheduled fine is fifteen twenty-five dollars.
c. For violations of sections 461A.35, 461A.42, and 461A.44,
the scheduled fine is fifty seventy dollars.
d. For violations of section 461A.48, the scheduled fine is
twenty-five thirty-five dollars.
e. For violations under section 461A.43, the scheduled fine
is thirty forty-five dollars.
Sec. 44. Section 805.8C, Code 2020, is amended to read as
follows:
805.8C Miscellaneous scheduled violations.
1. Energy emergency violations. For violations of an
executive order issued by the governor under the provisions of
section 473.8, the scheduled fine is fifty seventy dollars.
2. Alcoholic beverage violations. For violations of section
123.49, subsection 2, paragraph “h”, the scheduled fine for
a licensee or permittee is one thousand five nine hundred
twenty-five dollars, and the scheduled fine for a person who
is employed by a licensee or permittee is five six hundred
forty-five dollars.
3. Violations related to smoking, tobacco, tobacco products,
alternative nicotine products, vapor products, and cigarettes.
a. For violations described in section 142D.9, subsection 1,
the scheduled fine is fifty dollars, and is a civil penalty,
and the criminal penalty crime services surcharge under section
911.1 shall not be added to the penalty, and the court costs
pursuant to section 805.9, subsection 6, shall not be imposed.
If the civil penalty assessed for a violation described in
-32-section 142D.9, subsection 1, is not paid in a timely manner,
a citation shall be issued for the violation in the manner
provided in section 804.1. However, a person under age
eighteen shall not be detained in a secure facility for failure
to pay the civil penalty. The complainant shall not be charged
a filing fee.
b. For violations of section 453A.2, subsection 1, by an
employee of a retailer, the scheduled fine is as follows:
(1) If the violation is a first offense, the scheduled fine
is one hundred thirty-five dollars.
(2) If the violation is a second offense, the scheduled fine
is two three hundred fifty twenty-five dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is five six hundred forty-five dollars.
c. For violations of section 453A.2, subsection 2, the
scheduled fine is as follows and is a civil penalty, and the
criminal penalty crime services surcharge under section 911.1
shall not be added to the penalty, and the court costs pursuant
to section 805.9, subsection 6, shall not be imposed:
(1) If the violation is a first offense, the scheduled fine
is fifty seventy dollars.
(2) If the violation is a second offense, the scheduled fine
is one hundred thirty-five dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is two three hundred fifty twenty-five dollars.
4. Electrical or mechanical amusement device violations.
a. For violations of legal age for operating an electrical
or mechanical amusement device required to be registered
as provided in section 99B.53, pursuant to section 99B.57,
subsection 1, the scheduled fine is two three hundred fifty
twenty-five dollars. Failure to pay the fine by a person
under the age of eighteen shall not result in the person being
detained in a secure facility.
b. For first offense violations concerning electrical or
mechanical amusement devices as provided in section 99B.54,
-33-subsection 2, the scheduled fine is two three hundred fifty
twenty-five dollars.
5. Gambling violations.
a. For violations of legal age for gambling wagering under
section 99D.11, subsection 7, section 99F.9, subsection 5,
and section 725.19, subsection 1, the scheduled fine is five
six hundred forty-five dollars. Failure to pay the fine by a
person under the age of eighteen shall not result in the person
being detained in a secure facility.
b. For legal age violations for entering or attempting
to enter a facility under section 99F.9, subsection 6, the
scheduled fine is five six hundred forty-five dollars. Failure
to pay the fine by a person under the age of eighteen shall not
result in the person being detained in a secure facility.
6. Pseudoephedrine sales violations. For violations of
section 126.23A, subsection 1, by an employee of a retailer, or
for violations of section 126.23A, subsection 2, paragraph “a”,
by a purchaser, the scheduled fine is as follows:
a. If the violation is a first offense, the scheduled fine
is two hundred sixty dollars.
b. If the violation is a second offense, the scheduled fine
is two three hundred fifty twenty-five dollars.
c. If the violation is a third or subsequent offense, the
scheduled fine is five six hundred forty-five dollars.
7. Alcoholic beverage violations by persons eighteen,
nineteen, or twenty years of age. For first offense violations
of section 123.47, subsection 4, the scheduled fine is two
hundred sixty dollars.
8. Unlicensed premises owner — under eighteen years of age
consumption or possession. For first offense violations of
section 123.47, subsection 2, the scheduled fine is two hundred
sixty dollars.
9. Notification violations. For violations of section
229.22, subsection 6, the scheduled fine is one thousand
dollars for a first violation and two thousand dollars for a
-34-second or subsequent violation. The scheduled fine under this
subsection is a civil penalty, and the criminal penalty crime
services surcharge under section 911.1 shall not be added to
the penalty.
10. Scrap metal transaction violations. For violations
of section 714.27, the scheduled fine is one hundred dollars
for a first violation, five hundred dollars for a second
violation within two years, and one thousand dollars for a
third or subsequent violation within two years. The scheduled
fine under this subsection is a civil penalty which shall
be deposited into the general fund of the county or city if
imposed by a designated officer or employee of a county or
city, or deposited in the general fund of the state if imposed
by a state agency, and the criminal penalty crime services
surcharge under section 911.1 shall not be added to the
penalty.
11. Trespassing violations. For trespasses punishable under
section 716.8, subsection 1 or 5, the scheduled fine is two
hundred sixty dollars for a first violation, five six hundred
forty-five dollars for a second violation, and one thousand
two hundred eighty-five dollars for a third or subsequent
violation.
12. Internet fantasy sports contest violations. For
violations of legal age for entering an internet fantasy sports
contest under section 99E.7, the scheduled fine is five hundred
dollars. Failure to pay the fine by a person under the age
of eighteen shall not result in the person being detained in
a secure facility.
DIVISION V
Misdemeanor and felony fines
Sec. 45. Section 902.9, subsection 1, paragraphs d and e,
Code 2020, are amended to read as follows:
d. A class “C” felon, not an habitual offender, shall be
confined for no more than ten years, and in addition shall be
sentenced to a fine of at least one thousand three hundred
-35-seventy dollars but not more than ten thirteen thousand six
hundred sixty dollars.
e. A class “D” felon, not an habitual offender, shall be
confined for no more than five years, and in addition shall
be sentenced to a fine of at least seven hundred fifty one
thousand twenty-five dollars but not more than seven ten
thousand five two hundred forty-five dollars.
Sec. 46. Section 903.1, subsections 1 and 2, Code 2020, are
amended to read as follows:
1. If a person eighteen years of age or older is convicted
of a simple or serious misdemeanor and a specific penalty is
not provided for or if a person under eighteen years of age
has been waived to adult court pursuant to section 232.45 on
a felony charge and is subsequently convicted of a simple,
serious, or aggravated misdemeanor, the court shall determine
the sentence, and shall fix the period of confinement or the
amount of fine, which fine shall not be suspended by the court,
within the following limits:
a. For a simple misdemeanor, there shall be a fine of at
least sixty-five one hundred five dollars but not to exceed six
eight hundred twenty-five fifty-five dollars. The court may
order imprisonment not to exceed thirty days in lieu of a fine
or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at
least three four hundred fifteen thirty dollars but not to
exceed one two thousand eight five hundred seventy-five sixty
dollars. In addition, the court may also order imprisonment
not to exceed one year.
2. When a person is convicted of an aggravated misdemeanor,
and a specific penalty is not provided for, the maximum penalty
shall be imprisonment not to exceed two years. There shall be
a fine of at least six eight hundred twenty-five fifty-five
dollars but not to exceed six eight thousand two five hundred
fifty forty dollars. When a judgment of conviction of an
aggravated misdemeanor is entered against any person and the
-36-court imposes a sentence of confinement for a period of more
than one year the term shall be an indeterminate term.
DIVISION VI
CRIMINALISTICS LABORATORY FUND
Sec. 47. Section 691.9, Code 2020, is amended to read as
follows:
691.9 Criminalistics laboratory fund.
A criminalistics laboratory fund is created as a separate
fund in the state treasury under the control of the department
of public safety. The fund shall consist of appropriations
made to the fund and transfers of interest, moneys collected
from the crime services surcharge established in section 911.1,
and earnings. All moneys in the fund are appropriated to
the department of public safety for use by the department in
criminalistics laboratory equipment and supply purchasing,
maintenance, depreciation, and training, and payments of the
fees charged by the department of administrative services for
the criminalistics laboratory facility in Ankeny. Any balance
in the fund on June 30 of any fiscal year shall not revert to
any other fund of the state but shall remain available for the
purposes described in this section.
DIVISION VII
DRUG ABUSE RESISTANCE EDUCATION FUND
Sec. 48. NEW SECTION. 80E.4 Drug abuse resistance education
fund.
A drug abuse resistance education fund is created as a
separate fund in the state treasury under the control of the
governor’s office of drug control policy for use by the drug
abuse resistance education program and other programs with a
similar purpose. The fund shall consist of appropriations made
to the fund and transfers of interest, moneys collected from
the crime services surcharge established in section 911.1,
and earnings. All moneys in the fund are appropriated to the
governor’s office of drug control policy. Notwithstanding
section 8.33, any balance in the fund on June 30 of any fiscal
-37-year shall not revert to any other fund of the state but shall
remain available for the purposes described in this section.
DIVISION VIII
EMERGENCY MEDICAL SERVICES FUND
Sec. 49. Section 135.25, Code 2020, is amended to read as
follows:
135.25 Emergency medical services fund.
An emergency medical services fund is created in the state
treasury under the control of the department. The fund
includes, but is not limited to, amounts appropriated by the
general assembly, amounts transferred pursuant to section
602.8108, subsection 4, and other moneys available from
federal or private sources which are to be used for purposes
of this section. Funds remaining in the fund at the end of
each fiscal year shall not revert to the general fund of the
state but shall remain in the emergency medical services fund,
notwithstanding section 8.33. The fund is established to
assist counties by matching, on a dollar-for-dollar basis,
moneys spent by a county for the acquisition of equipment for
the provision of emergency medical services and by providing
grants to counties for education and training in the delivery
of emergency medical services, as provided in this section and
section 422D.6. A county seeking matching funds under this
section shall apply to the emergency medical services division
of the department. The department shall adopt rules concerning
the application and awarding process for the matching funds and
the criteria for the allocation of moneys in the fund if the
moneys are insufficient to meet the emergency medical services
needs of the counties. Moneys allocated by the department to a
county for emergency medical services purposes may be used for
equipment or training and education as determined by the board
of supervisors pursuant to section 422D.6.
DIVISION IX
FUNDING FOR JUVENILE DETENTION HOME FUND
Sec. 50. Section 232.142, subsection 6, Code 2020, is
-38-amended to read as follows:
6. A juvenile detention home fund is created in the state
treasury under the authority of the department. The fund shall
consist of moneys deposited in the fund pursuant to sections
321.218A and 321A.32A section 602.8108. The moneys in the fund
shall be used for the costs of the establishment, improvement,
operation, and maintenance of county or multicounty juvenile
detention homes in accordance with annual appropriations made
by the general assembly from the fund for these purposes.
Sec. 51. Section 321.210B, subsection 7, Code 2020, is
amended to read as follows:
7. a. A civil penalty assessed pursuant to section
321.218A, 321A.32A, or321J.17 shall be added to the amount
owing under the installment agreement.
b. The clerk of the district court shall transmit to the
department, from the first moneys collected, an amount equal to
the amount of any civil penalty assessed pursuant to section
321.218A or 321A.32A and added to the installment agreement.
The department shall transmit the money received from the
clerk of the district court pursuant to this paragraph to the
treasurer of state for deposit in the juvenile detention home
fund created in section 232.142.
c. b. The clerk of the district court shall transmit to the
department, from the first moneys collected, an amount equal to
the amount of any civil penalty assessed pursuant to section
321J.17 and added to the installment agreement. The department
shall transmit the money received from the clerk of the
district court pursuant to this paragraph to the treasurer of
state who shall deposit one-half of the money in the separate
fund established in section 915.94 and one-half of the money in
the general fund of the state.
Sec. 52. Section 321M.9, subsection 1, Code 2020, is amended
to read as follows:
1. Fees to counties. Notwithstanding any other provision
in the Code to the contrary, the county treasurer of a county
-39-authorized to issue driver’s licenses under this chapter shall
retain for deposit in the county general fund seven dollars of
fees received for each issuance or renewal of driver’s licenses
and nonoperator’s identification cards, but shall not retain
any moneys for the issuance of any persons with disabilities
identification devices. The five dollar processing fee charged
by a county treasurer for collection of a civil penalty under
section 321.218A, 321A.32A, or321J.17 shall be retained for
deposit in the county general fund. The county treasurer
shall remit the balance of fees and all civil penalties to the
department.
Sec. 53. Section 331.557A, subsection 4, Code 2020, is
amended to read as follows:
4. Accept payment of the civil penalties penalty assessed
pursuant to sections 321.218A, 321A.32A, and section321J.17
and remit the penalties penalty to the state department of
transportation.
Sec. 54. REPEAL. Sections 321.218A and 321A.32A, Code 2020,
are repealed.
DIVISION X
NONRESIDENT STATE PARK USER FEE PILOT PROGRAM
Sec. 55. Section 455A.14A, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. The department shall charge an entrance fee of five
dollars per vehicle for a if the vehicle is operated by a
nonresident of the state, which the nonresident operator shall
pay.
Sec. 56. Section 455A.14B, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. The department shall charge an entrance fee of five
dollars per vehicle for a if the vehicle is operated by a
nonresident of the state, which the nonresident operator shall
pay.
Sec. 57. Section 805.8C, Code 2020, is amended by adding the
following new subsection:
-40- NEW SUBSECTION. 13. State park user fee violations. For
failure to pay the entrance fee by a nonresident operator of a
vehicle under section 455A.14A, subsection 1, paragraph “a”,
or under section 455A.14B, subsection 1, paragraph “a”, the
scheduled fine is fifteen dollars.
DIVISION XI
IOWA EMERGENCY FOOD PURCHASE PROGRAM FUND
Sec. 58. NEW SECTION. 190B.201 Iowa emergency food purchase
program fund.
1. An Iowa emergency food purchase program fund is
established in the state treasury and shall be administered
by the department of agriculture and land stewardship. The
fund shall consist of moneys appropriated to the fund pursuant
to section 602.8108, subsection 13, and any other moneys
appropriated to the fund.
2. The purpose of the fund is to relieve situations of
emergency experienced by families or individuals who reside in
this state, including low-income families and individuals and
unemployed families and individuals, by distributing food to
those persons, and the department may contract with an Iowa
food bank association to manage the program.
3. The Iowa food bank association managing the program
shall distribute food under the program to emergency feeding
organizations in this state. The Iowa food bank association
shall report to the department as required by the department.
4. “Iowa food bank association” means a private nonprofit
entity that meets all of the following requirements:
a. The association is organized under chapter 504.
b. The association qualifies under section 501(c)(3) of the
Internal Revenue Code as an organization exempt from federal
income tax under section 501(a) of the Internal Revenue Code.
c. The association’s members include food banks, or
affiliations of food banks, that together serve all counties
in this state.
d. The association’s principal office is located in this
-41-state.
5. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until two years
following the last day of the fiscal year in which the funds
were originally appropriated.
DIVISION XII
Civil Claims for reimbursement
Sec. 59. Section 331.659, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
A Except for a civil claim for reimbursement under section
356.7, a sheriff or a deputy sheriff shall not:
Sec. 60. Section 356.7, subsection 2, paragraph i, Code
2020, is amended by striking the paragraph.
Sec. 61. Section 356.7, subsection 4, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. A claim for reimbursement shall be filed in a separate
civil action rather than as a claim in the underlying criminal
case.
Sec. 62. Section 602.8102, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 105C. Apply payments made to a civil claim
for reimbursement judgment under section 356.7 to court debt,
as defined in section 602.8107, in the priority order set out
in section 602.8107, subsection 2, if the debtor has delinquent
court debt.
Sec. 63. Section 602.8105, subsection 1, Code 2020, is
amended by adding the following new paragraph:
NEW PARAGRAPH. k. For a civil claim for reimbursement under
section 356.7, zero dollars.
Sec. 64. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
-42-DIVISION XIII
Restitution
Sec. 65. Section 602.8107, subsection 1, paragraph a, Code
2020, is amended by striking the paragraph and inserting in
lieu thereof the following:
a. “Court debt” means all restitution, fees, and forfeited
bail.
Sec. 66. Section 602.8107, subsection 2, paragraphs b and c,
Code 2020, are amended to read as follows:
b. (1) If Except as provided in subparagraph (2), if a case
number is not identified, the clerk shall apply the payment to
the balance owed in the criminal case with the oldest judgment
against the person.
(2) The clerk shall apply payments to pecuniary damages
in other criminal cases when no case number is identified in
priority order from the oldest judgment to the most recent
judgment before applying payments to any other court debt.
c. Payments received under this section shall be applied in
the following priority order:
(1) Pecuniary damages as defined in section 910.1,
subsection 3.
(2) Fines or penalties and criminal penalty and law
enforcement initiative surcharges.
(3) Crime victim compensation program reimbursement.
(4) Court costs, including correctional fees assessed
pursuant to sections 356.7 and 904.108, court-appointed
attorney fees, or public defender expenses.
Sec. 67. Section 602.8107, subsection 4, paragraph a, Code
2020, is amended to read as follows:
a. This subsection does not apply to amounts collected for
victim restitution involving pecuniary damages, the victim
compensation fund, the criminal penalty surcharge, sex offender
civil penalty, drug abuse resistance education surcharge,
the law enforcement initiative surcharge, county enforcement
surcharge, or amounts collected as a result of procedures
-43-initiated under subsection 5 or under section 8A.504, or fees
charged pursuant to section 356.7.
Sec. 68. Section 909.3, subsection 1, Code 2020, is amended
to read as follows:
1. All Unless a plan of payment has been issued pursuant to
chapter 910, fines imposed by the court shall be paid on the
day the fine is imposed, and the person shall be instructed to
pay such fines with the office of the clerk of the district
court on the date of imposition.
Sec. 69. Section 910.1, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 01. “Category “A” restitution” means fines,
penalties, and surcharges.
NEW SUBSECTION. 001. “Category “B” restitution” means
the contribution of funds to a local anticrime organization
which provided assistance to law enforcement in an offender’s
case, the payment of crime victim compensation program
reimbursements, payment of restitution to public agencies
pursuant to section 321J.2, subsection 13, paragraph “b”,
court costs, court-appointed attorney fees ordered pursuant to
section 815.9, including the expense of a public defender, and
payment to the medical assistance program pursuant to chapter
249A for expenditures paid on behalf of the victim resulting
from the offender’s criminal activities including investigative
costs incurred by the Medicaid fraud control unit pursuant to
section 249A.50.
NEW SUBSECTION. 1A. “Financial affidavit” means a signed
affidavit under penalty of perjury that provides financial
information about the offender to enable the sentencing court
or the department of corrections to make a determination
regarding the ability of the offender to pay category “B”
restitution. “Financial affidavit” includes the offender’s
income, physical and mental health, age, education, employment,
inheritance, other debts, other amounts of restitution owed,
family circumstances, and any assets subject to execution,
-44-including but not limited to cash, accounts at financial
institutions, stocks, bonds, and any other property which may
be applied to the satisfaction of judgments.
NEW SUBSECTION. 3A. “Permanent restitution order” means an
enforceable restitution order entered either at the time of
sentencing or at a later date determined by the court.
NEW SUBSECTION. 3B. “Plan of payment” or “restitution plan
of payment” means a plan for paying restitution wherein the
defendant is ordered to pay a certain amount of money each
month to repay outstanding restitution.
NEW SUBSECTION. 3C. “Plan of restitution” means a permanent
restitution order, restitution plan of payment, any other
court order relating to restitution, or any combination of the
foregoing.
Sec. 70. Section 910.1, subsection 4, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. “Restitution” means pecuniary damages, category “A”
restitution, and category “B” restitution.
Sec. 71. Section 910.2, Code 2020, is amended by striking
the section and inserting in lieu thereof the following:
910.2 Restitution or community service ordered by sentencing
court.
1. a. In all criminal cases in which there is a plea of
guilty, verdict of guilty, or special verdict upon which a
judgment of conviction is rendered, the sentencing court shall
order that pecuniary damages be paid by each offender to the
victims of the offender’s criminal activities, and that all
other restitution be paid to the clerk of court subject to the
following:
(1) Pecuniary damages and category “A” restitution shall be
ordered without regard to an offender’s reasonable ability to
make payments.
(2) Category “B” restitution shall be ordered subject to
an offender’s reasonable ability to make payments pursuant to
-45-section 910.2A.
b. Pecuniary damages shall be paid to victims in full before
category “A” and category “B” restitution are paid.
c. In structuring a plan of restitution, the plan of payment
shall provide for payments in the following order of priority:
(1) Pecuniary damages to the victim.
(2) Category “A” restitution.
(3) Category “B” restitution in the following order:
(a) Crime victim compensation program reimbursement.
(b) Public agencies.
(c) Court costs.
(d) Court-appointed attorney fees ordered pursuant to
section 815.9, including the expense of a public defender.
(e) Contribution to a local anticrime organization.
(f) The medical assistance program.
2. a. When the offender is not reasonably able to pay
all or a part of category “B” restitution, the court may
require the offender in lieu of that portion of category “B”
restitution for which the offender is not reasonably able to
pay, to perform a needed public service for a governmental
agency or for a private nonprofit agency which provides a
service to the youth, elderly, or poor of the community.
b. When community service is ordered, the court shall set
a specific number of hours of service to be performed by the
offender. When calculating the amount of community service to
be performed in lieu of payment of court-appointed attorney
fees, the court shall determine the approximate equivalent
value of the expenses of the public defender. The judicial
district department of correctional services shall provide for
the assignment of the offender to a public agency or private
nonprofit agency to perform the required service.
Sec. 72. NEW SECTION. 910.2A Reasonable ability to pay —
category “B” restitution payments.
1. An offender is presumed to have the reasonable ability
to make restitution payments for the full amount of category
-46-“B” restitution.
2. If an offender requests that the court determine the
amount of category “B” restitution payments the offender is
reasonably able to make toward paying the full amount of such
restitution, the court shall hold a hearing and make such a
determination, subject to the following provisions:
a. To obtain relief at such a hearing, the offender must
affirmatively prove by a preponderance of the evidence that the
offender is unable to reasonably make payments toward the full
amount of category “B” restitution.
b. The offender must furnish the prosecuting attorney and
sentencing court with a completed financial affidavit. Failure
to furnish a completed financial affidavit waives any claim
regarding the offender’s reasonable ability to pay.
c. The prosecuting attorney, the attorney for the defendant,
and the court shall be permitted to question the offender
regarding the offender’s reasonable ability to pay.
d. Based on the evidence offered at the hearing, including
but not limited to the financial affidavit, the court shall
determine the amount of category “B” restitution the offender
is reasonably able to make payments toward, and order the
offender to make payments toward that amount.
3. a. If an offender does not make a request as provided in
subsection 2 at the time of sentencing or within thirty days
after the court issues a permanent restitution order, the court
shall order the offender to pay the full amount of category “B”
restitution.
b. An offender’s failure to request a determination
pursuant to this section waives all future claims regarding
the offender’s reasonable ability to pay, except as provided
by section 910.7.
4. If an offender requests that the court make a
determination pursuant to subsection 2, the offender’s
financial affidavit shall be filed of record in all criminal
cases for which the offender owes restitution and the affidavit
-47-shall be accessible by a prosecuting attorney or attorney for
the offender without court order or appearance.
5. A court that makes a determination under this section is
presumed to have properly exercised its discretion. A court is
not required to state its reasons for making a determination.
Sec. 73. NEW SECTION. 910.2B Conversion of existing
restitution orders.
1. All of the following, if entered by a district court
prior to the effective date of this Act, shall be converted to
permanent restitution orders:
a. A temporary restitution order.
b. A supplemental restitution order.
c. A restitution order that does not contain a determination
of the defendant’s reasonable ability to pay the restitution
ordered.
2. The only means by which a defendant may challenge the
conversion of a restitution order is through the filing of a
petition pursuant to section 910.7.
3. The provisions of this chapter, including but not limited
to the procedures in section 910.2A, shall apply to a challenge
to the conversion of an existing restitution order in the
district court and on appeal.
4. A challenge to the conversion of an existing restitution
order to a permanent restitution order shall be filed in the
district court no later than one year from the effective date
of this Act.
Sec. 74. Section 910.3, Code 2020, is amended to read as
follows:
910.3 Determination of amount of restitution.
1. The county prosecuting attorney shall prepare a
statement of pecuniary damages to victims of the defendant
and, if applicable, any award by the crime victim compensation
program and expenses incurred by public agencies pursuant to
section 321J.2, subsection 13, paragraph “b”, and shall provide
the statement to the presentence investigator or submit the
-48-statement to the court at the time of sentencing.
2. The clerk of court shall prepare a statement of
court-appointed attorney fees ordered pursuant to section
815.9, including the expense of a public defender, and court
costs including correctional fees claimed by a sheriff or
municipality pursuant to section 356.7, which shall be provided
to the presentence investigator or submitted to the court at
the time of sentencing.
3. If these the statements in subsection 1 or 2 are provided
to the presentence investigator, they shall become a part of
the presentence report.
4. If pecuniary damage amounts are not available or are
incomplete at the time of sentencing, the county prosecuting
attorney shall provide a statement of pecuniary damages
incurred up to that time to the clerk of court.
5. The statement of pecuniary damages shall ordinarily be
provided no later than thirty days after sentencing. However,
a prosecuting attorney may file a statement of pecuniary
damages within a reasonable time after the prosecuting attorney
is notified by a victim of any pecuniary damages incurred.
6. If a defendant believes no person suffered pecuniary
damages, the defendant shall so state.
7. If the defendant has any mental or physical impairment
which would limit or prohibit the performance of a public
service, the defendant shall so state. The court may order a
mental or physical examination, or both, of the defendant to
determine a proper course of action. At the time of sentencing
or at a later date to be determined by the court, the
8. Thecourt shall set out the enter a permanent restitution
order setting out the amount of restitution including the
amount of public service to be performed as restitution and
the persons to whom restitution must be paid. A permanent
restitution order entered at the time of sentencing is part of
the final judgment of sentence as defined in section 814.6 and
shall be considered in a properly perfected appeal.
-49- 9. If the full amount of restitution cannot be determined
at the time of sentencing, the court shall issue a temporary
permanent restitution order determining a reasonable amount
for setting forth the amount of restitution identified up to
that time. At a later date as determined by the court, the
court shall issue a permanent, supplemental order, setting the
full amount of restitution. The court shall enter further
supplemental orders, if necessary. These court orders shall be
known as the plan of restitution.
10. A permanent restitution order may be superseded by
subsequent orders if additional or different restitution is
ordered. A permanent restitution order entered after the time
of sentencing shall only be challenged pursuant to section
910.7.
Sec. 75. Section 910.4, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2020, are amended to read as
follows:
(1) If the court extends the period of probation, the period
of probation shall not be for more than the maximum period of
probation for the offense committed except for an extension of
a period of probation as authorized in section 907.7. After
discharge from probation or after the expiration of the period
of probation, as extended if applicable, the failure of an
offender to comply with the plan of restitution ordered by the
court shall constitute contempt of court.
(2) If an offender’s probation is revoked, the offender’s
assigned probation officer shall forward to the director of
the Iowa department of corrections, all known information
concerning the offender’s restitution plan, restitution plan of
payment, the restitution payment balance obligations, including
but not limited to the plan of restitution, and any other
pertinent information concerning or affecting restitution by
the offender.
Sec. 76. Section 910.4, subsections 2 and 3, Code 2020, are
amended to read as follows:
-50- 2. When the offender is committed to a county jail, or to
an alternate facility, the office or individual charged with
supervision of the offender shall prepare a restitution plan
of payment taking into consideration the offender’s income,
physical and mental health, age, education, employment and
family circumstances and shall submit the plan to the court.
a. The office or individual charged with supervision of the
offender shall review the plan of restitution ordered by the
court, and shall submit a restitution plan of payment to the
sentencing court.
b. a. When community service is ordered by the court as
restitution, the restitution plan of payment shall set out a
plan to meet the requirement for the community service.
c. The court may approve or modify the plan of restitution
and restitution plan of payment.
d. b. When there is a significant change in the offender’s
income or circumstances, the office or individual which has
supervision of the restitution plan of payment shall submit a
modified restitution plan of payment to the court.
3. a. When there is a transfer of supervision from one
office or individual charged with supervision of the offender
to another, the sending office or individual shall forward to
the receiving office or individual all necessary information
regarding the balance owed against the original amount of
restitution ordered and the balance of public service required.
b. When If there has been a significant change in the
offender’s circumstances and or income have significantly
changed, the receiving office or individual shall submit a
new restitution plan of payment to the sentencing court for
approval or modification based on the considerations enumerated
in this section.
Sec. 77. Section 910.4, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. Notwithstanding any other provision
in this chapter, the plan of payment shall be based on all
-51-information pertinent to the offender’s reasonable ability to
pay. The first monthly payment under such a plan shall be made
within thirty days of the approval of the plan.
Sec. 78. Section 910.6, Code 2020, is amended to read as
follows:
910.6 Payment plan — copy to victims.
An office or individual preparing a restitution plan of
payment or modified restitution plan of payment, when it is
approved by the court if approval is required under section
910.4, or when the plan is completed if court approval
under section 910.4 is not required, shall forward a copy to
the clerk of court in the county in which the offender was
sentenced. The clerk of court shall forward a copy of the
restitution plan of payment or modified plan of payment to the
victim or victims.
Sec. 79. Section 910.7, subsections 1 and 3, Code 2020, are
amended to read as follows:
1. At any time during the period of probation, parole, or
incarceration, the offender, the prosecuting attorney, or the
office or individual who prepared the offender’s restitution
plan may petition the court on any matter related to the plan
of restitution or restitution plan of payment and the court
shall grant a hearing if on the face of the petition it appears
that a hearing is warranted.
3. If a petition related to a plan of restitution has been
filed, the offender, the county prosecuting attorney, the
department of corrections if the offender is currently confined
in a correctional institution, the office or individual who
prepared the offender’s restitution plan, and the victim shall
receive notice prior to any hearing under this section.
Sec. 80. Section 910.7, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 4. An appellate court shall not review
or modify an offender’s plan of restitution, restitution
plan of payment, or any other issue related to an offender’s
-52-restitution under this subsection, unless the offender has
exhausted the offender’s remedies under this section and
obtained a ruling from the district court prior to the issue
being raised in the appellate courts.
NEW SUBSECTION. 5. Appellate review of a district court
ruling under this section shall be by writ of certiorari.
Sec. 81. Section 910.9, subsection 3, Code 2020, is amended
to read as follows:
3. Fines, penalties, and surcharges, crime victim
compensation program reimbursement, public agency restitution,
court costs including correctional fees claimed by a sheriff
or municipality pursuant to section 356.7, and court-appointed
attorney fees ordered pursuant to section 815.9, including the
expenses for public defenders, Category “A” restitution and
category “B” restitution shall not be withheld by the clerk of
court until all pecuniary damages to victims have been paid in
full. Payments to victims shall be made by the clerk of court
at least quarterly. Payments by a clerk of court shall be made
no later than the last business day of the quarter, but may be
made more often at the discretion of the clerk of court. The
clerk of court receiving final payment from an offender shall
notify all victims that full restitution has been made. Each
office or individual charged with supervising an offender who
is required to perform community service as full or partial
restitution shall keep records to assure compliance with the
portions of the plan of restitution and restitution plan of
payment relating to community service and, when the offender
has complied fully with the community service requirement,
notify the sentencing court.
Sec. 82. FINANCIAL AFFIDAVIT — SUPREME COURT RULES. The
supreme court shall adopt rules prescribing the form and
content of the financial affidavit.
Sec. 83. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XIV
-53-COLLECTION OF COURT DEBT
Sec. 84. Section 321.40, subsection 10, Code 2020, is
amended to read as follows:
10. a. The clerk of the district court shall notify the
county treasurer of any delinquent court debt, as defined in
section 602.8107, which is being collected by the private
collection designee department of revenue pursuant to section
602.8107, subsection 3, or the county attorney pursuant to
section 602.8107, subsection 4. The county treasurer shall
refuse to renew the vehicle registration of the applicant upon
such notification from the clerk of the district court in
regard to such applicant.
b. If the applicant enters into or renews an installment
agreement as defined in section 602.8107, that is satisfactory
to the private collection designee department of revenue, the
county attorney, or the county attorney’s designee, the private
collection designee department of revenue, county attorney, or
a county attorney’s designee shall provide the county treasurer
with written or electronic notice of the installment agreement
within five days of entering into the installment agreement.
The county treasurer shall temporarily lift the registration
hold on an applicant for a period of ten days if the treasurer
receives such notice in order to allow the applicant to
register a vehicle for the year. If the applicant remains in
compliance with the installment agreement entered into with
the private collection designee department of revenue or the
county attorney or the county attorney’s designee, subsequent
lifts of registration holds shall be granted without additional
restrictions.
Sec. 85. Section 321.210A, subsection 2, Code 2020, is
amended to read as follows:
2. If after suspension, the person enters into an
installment agreement with the county attorney, the county
attorney’s designee, or the private collection designee
department of revenue in accordance with section 321.210B to
-54-pay the fine, penalty, court cost, or surcharge, the person’s
license shall be reinstated by the department upon receipt of a
report of an executed installment agreement.
Sec. 86. Section 321.210B, subsections 1, 3, 8, 9, 11, and
13, Code 2020, are amended to read as follows:
1. a. If a person’s fine, penalty, surcharge, or court
cost is deemed delinquent as provided in section 602.8107,
subsection 2, and the person’s driver’s license has been
suspended pursuant to section 321.210A, or the clerk of the
district court has reported the delinquency to the department
as required by section 321.210A, the person may execute an
installment agreement as defined in section 602.8107 with
the county attorney, the county attorney’s designee, or the
private collection designee under contract with the judicial
branch pursuant to section 602.8107, subsection 5 department
of revenue, to pay the delinquent amount and the civil penalty
assessed in subsection 7 in installments. Prior to execution
of the installment agreement, the person shall provide the
county attorney, the county attorney’s designee, or the private
collection designee department of revenue with a financial
statement in order for the parties to the agreement to
determine the amount of the installment payments.
b. Cases involving court debt assigned to a county attorney,
a county attorney’s designee, or the private collection
designee department of revenue shall remain so assigned.
3. The county attorney, the county attorney’s designee, or
the private collection designee department of revenue shall
file or give notice of the installment agreement with the clerk
of the district court in the county where the fine, penalty,
surcharge, or court cost was imposed, within five days of
execution of the agreement.
8. a. Except as provided in paragraph “b”, upon
determination by the county attorney, the county attorney’s
designee, or the private collection designee department of
revenue that the person is in default, the county attorney, the
-55-county attorney’s designee, or the private collection designee
department of revenue shall notify the clerk of the district
court.
b. (1) If the person is in default and the person
provides a new financial statement within fifteen days of
the determination made pursuant to paragraph “a” indicating
that the person’s financial condition has changed to such an
extent that lower installment payments would have been required
prior to the execution of the initial installment agreement
under subsection 1, the county attorney, the county attorney’s
designee, or the private collection designee department of
revenue shall not notify the clerk of the district court,
and the person shall not be considered in default. The new
installment payments shall be based upon the new financial
statement filed in compliance with this subparagraph.
(2) A person making new installment payments after
complying with the provisions of subparagraph (1) shall not be
considered executing a new installment agreement for purposes
of calculating the number of installment agreements a person
may execute in a person’s lifetime under subsection 12.
9. The clerk of the district court, upon receipt of a
notification of a default from the county attorney, the
county attorney’s designee, or the private collection designee
department of revenue, shall report the default to the
department of transportation.
11. If a new fine, penalty, surcharge, or court cost
is imposed on a person after the person has executed an
installment agreement with the county attorney, the county
attorney’s designee, or the private collection designee
department of revenue, and the new fine, penalty, surcharge,
or court cost is deemed delinquent as provided in section
602.8107, subsection 2, and the person’s driver’s license
has been suspended pursuant to section 321.210A, the person
may enter into a second installment agreement with the
county attorney, county attorney’s designee, or the private
-56-collection designee department of revenue to pay the delinquent
amount and the civil penalty, if assessed, in subsection 7 in
installments.
13. Except for a civil penalty assessed and collected
pursuant to subsection 7, any amount collected under the
installment agreement by the county attorney or the county
attorney’s designee shall be distributed as provided in section
602.8107, subsection 4, and any amount collected by the private
collection designee department of revenue shall be deposited
with the clerk of the district court for distribution under
section 602.8108.
Sec. 87. Section 602.8107, subsection 3, Code 2020, is
amended to read as follows:
3. Collection by private collection designee under contract
with the judicial branch department of revenue.
a. (1) Thirty days after court debt has been assessed
and full payment has not been received, or if an installment
payment is not received within thirty days after the date it
is due, the judicial branch shall assign a case to the private
collection designee under contract with the judicial branch
pursuant to subsection 5 to collect debts owed to the clerk of
the district court department of revenue, unless the case has
been assigned to the county attorney under paragraph “c”.
(2) The department of revenue may impose a fee established
by rule to reflect the cost of processing which shall be added
to the debt owed to the clerk of the district court.
b. In addition, court debt which is being collected under
an installment agreement pursuant to section 321.210B which is
in default that remains delinquent shall remain assigned to
the private collection designee department of revenue if the
installment agreement was executed with the private collection
designee department of revenue; or to the county attorney
or county attorney’s designee if the installment agreement
was executed with the county attorney or county attorney’s
designee.
-57- c. Thirty days after court debt has been assessed and full
payment has not been received, or if an installment payment is
not received within thirty days after the date it is due, and
if a county attorney has filed with the clerk of the district
court a notice of full commitment to collect delinquent court
debt pursuant to subsection 4, the case shall be assigned
to the county attorney as provided in subsection 4. The
judicial branch shall assign cases with delinquent court debt
to a county attorney in the same format and with the same
frequency as cases with delinquent court debt are assigned to
the private collection designee department of revenue under
paragraph “a”, and a county attorney shall not be required
to file an individual notice of full commitment to collect
delinquent court debt for each assigned case. If the county
attorney or the county attorney’s designee, while collecting
delinquent court debt pursuant to subsection 4, determines that
a person owes additional court debt for which a case has not
been assigned by the judicial branch, the county attorney or
the county attorney’s designee shall notify the clerk of the
district court of the appropriate case numbers and the judicial
branch shall assign these cases to the county attorney for
collection if the additional court debt is delinquent.
Sec. 88. Section 602.8107, subsection 4, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
The county attorney or the county attorney’s designee may
collect court debt after the court debt is deemed delinquent
pursuant to subsection 2. In order to receive a percentage of
the amounts collected pursuant to this subsection, the county
attorney must first file with the clerk of the district court
on or before July 1 of the first year the county attorney
collects court debt under this subsection, a notice of full
commitment to collect delinquent court debt, and a memorandum
of understanding with the state court administrator for all
cases assigned to the county for collection by the court.
The notice shall contain a list of procedures which will be
-58-initiated by the county attorney. For a county attorney
filing a notice of full commitment for the first time, the
cases involving delinquent court debt previously assigned to
the private collection designee department of revenue shall
remain assigned to the private collection designee department
of revenue. Cases involving delinquent court debt assigned
to the county attorney after the filing of a notice of full
commitment by the county attorney shall remain assigned to the
county attorney. A county attorney who chooses to discontinue
collection of delinquent court debt shall file with the clerk
of the district court on or before May 15 a notice of the intent
to cease collection of delinquent court debt at the start of
the next fiscal year. If a county attorney ceases collection
efforts, or if the state court administrator deems that a
county attorney collections program has become ineligible to
collect as specified in paragraph “f”, all cases involving
delinquent court debt assigned to the county attorney shall
be transferred on July 1 to the private collection designee
department of revenue for collection, except that debt
associated with any existing installment agreement shall remain
assigned to the county for collection unless an installment
payment becomes delinquent, after which the delinquent debt
associated with the installment agreement shall be transferred
promptly to the private collection designee department of
revenue for collection.
Sec. 89. Section 602.8107, subsection 4, paragraph f, Code
2020, is amended to read as follows:
f. Beginning July 1, 2017, within two years of beginning
to collect delinquent court debt, a county attorney shall be
required to collect one hundred percent of the applicable
threshold amount specified in paragraph “c”. If a county
attorney collects more than eighty percent but less than one
hundred percent of the applicable threshold amount, the state
court administrator shall provide notice to the county attorney
specifying that in order to remain eligible to participate in
-59-the county attorney collection program, the county attorney
must collect at least one hundred twenty-five percent of the
applicable threshold amount by the end of the next fiscal year.
If a county attorney who has been given such a notice fails
to collect one hundred twenty-five percent of the applicable
threshold amount, the state court administrator shall provide
notice to the county attorney that the county is ineligible to
participate in the county attorney collection program for the
next two fiscal years and all existing and future court cases
with delinquent court debt shall be assigned to the private
collection designee department of revenue. The provisions of
this paragraph apply to all counties, including those counties
where delinquent court debt is collected pursuant to a chapter
28E agreement with one or more counties.
Sec. 90. Section 602.8107, subsection 5, Code 2020, is
amended by striking the subsection.
Sec. 91. Section 602.8107, subsection 7, Code 2020, is
amended to read as follows:
7. Reports. The judicial branch shall prepare a report
aging the court debt. The report shall include the amounts
collected by the private collection designee, the distribution
of these amounts, and the amount of the fee collected by the
private collection designee. In addition, the report shall
include the amounts written off pursuant to subsection 6. The
judicial branch shall provide the report to the co-chairpersons
and ranking members of the joint appropriations subcommittee on
the justice system, the legislative services agency, and the
department of management by December 15 of each year.
Sec. 92. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2021.
DIVISION XV
EFFECTIVE DATE
Sec. 93. EFFECTIVE DATE. Unless otherwise provided, this
Act takes effect July 15, 2020.
-60-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 457, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorasf/jh/mb
modifying criminal penalties, surcharges, fines, fees, and
costs, creating and modifying funds, making appropriations
and allocating revenues, modifying installment agreements,
modifying civil claims for reimbursement, restitution, and
collection of court debt, and providing effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
surcharges added to criminal penalties AND DISTRIBUTION OF
SURCHARGE MONEYS
Section 1. Section 331.301, subsection 16, Code 2020, is
amended by striking the subsection.
Sec. 2. Section 331.302, subsection 2, Code 2020, is amended
to read as follows:
2. For a violation of an ordinance a county shall not
provide a penalty in excess of the maximum fine and term of
imprisonment for a simple misdemeanor under section 903.1,
subsection 1, paragraph “a”. The criminal penalty crime
services surcharge required by section 911.1 shall be added to
a county fine and is not a part of the county’s penalty.
Sec. 3. Section 356.7, subsection 5, paragraph a, Code 2020,
is amended to read as follows:
a. Of the moneys collected and credited to the county
general fund as provided in this section and section 602.8106,
subsection 4, paragraph “b”, subparagraph (2), sixty percent of
the moneys collected shall be used for the following purposes:
(1) Courthouse security equipment and law enforcement
personnel costs.
(2) Infrastructure improvements of a jail, including new or
remodeling costs.
(3) Infrastructure improvements of juvenile detention
facilities, including new or remodeling costs.
(4) Medical and prescription drug costs of inmates in jail.
Sec. 4. Section 364.3, subsection 2, Code 2020, is amended
to read as follows:
2. For a violation of an ordinance a city shall not
provide a penalty in excess of the maximum fine and term of
imprisonment for a simple misdemeanor under section 903.1,
subsection 1, paragraph “a”. An amount equal to ten twenty
percent of all fines collected by cities shall be deposited
in the account established in section 602.8108. However, one
hundred percent of all fines collected by a city pursuant to
-1-section 321.236, subsection 1, shall be retained by the city.
The criminal penalty crime services surcharge required by
section 911.1 shall be added to a city fine and is not a part
of the city’s penalty.
Sec. 5. Section 602.8102, subsection 135A, Code 2020, is
amended to read as follows:
135A. Assess the surcharges provided by sections 911.1,
911.2,911.2A, 911.2B, 911.2C, 911.3, and 911.4 and 911.5.
Sec. 6. Section 602.8106, subsection 1, paragraphs d and e,
Code 2020, are amended to read as follows:
d. For court costs in scheduled violation cases where a
court appearance is required, sixty fifty-five dollars.
e. For court costs in scheduled violation cases where a
court appearance is not required, sixty fifty-five dollars.
Sec. 7. Section 602.8106, subsections 2, 3, and 4, Code
2020, are amended to read as follows:
2. The clerk of the district court shall remit ninety eighty
percent of all fines and forfeited bail to the city that was
the plaintiff in any action, and shall provide that city with a
statement showing the total number of cases, the total of all
fines and forfeited bail collected, and the total of all cases
dismissed. The remaining ten twenty percent shall be submitted
to the state court administrator.
3. The clerk of the district court shall remit all fines
and forfeited bail for violation of a county ordinance, except
an ordinance relating to vehicle speed or weight restrictions,
to the county treasurer of the county that was the plaintiff
in the action, and shall provide that county with a statement
showing the total number of cases, the total of all fines and
forfeited bail collected, and the total of all cases dismissed,
except all fines and forfeited bail for violation of a county
ordinance relating to vehicle speed or weight restrictions
shall be distributed pursuant to subsection 4, paragraph
“b”. However, if If a county ordinance provides a penalty
for a violation which is also penalized under state law, the
-2-fines and forfeited bail collected for the violation shall be
submitted to the state court administrator distributed pursuant
to subsection 4, paragraph “b”.
4. a. The Except as provided in paragraph “b”, the clerk of
the district court shall submit all other fines, fees, costs,
and forfeited bail received from a magistrate to the state
court administrator.
b. The fine amount for a violation that occurred within the
boundaries of the county shall be distributed as follows:
(1) Ninety-one percent to the state court administrator.
(2) Nine percent to the county treasurer for deposit in the
county general fund where the violation occurred.
Sec. 8. Section 602.8107, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. (1) “Installment agreement” means an agreement made for
the payment of court debt in excess of one hundred dollars in
installments.
(2) The judicial branch may establish a threshold
amount that is lower than the threshold amount specified in
subparagraph (1) by court rule.
Sec. 9. Section 602.8107, subsection 2, paragraph c,
subparagraph (2), Code 2020, is amended to read as follows:
(2) Fines or penalties and criminal penalty and law
enforcement initiative surcharges the crime services surcharge.
Sec. 10. Section 602.8107, subsection 4, paragraph a, Code
2020, is amended to read as follows:
a. This subsection does not apply to amounts collected
for victim restitution, the victim compensation fund, the
criminal penalty crime services surcharge, sex offender civil
penalty, drug abuse resistance education surcharge, the law
enforcement initiative surcharge, county enforcement surcharge,
agricultural theft surcharge, amounts collected as a result
of procedures initiated under subsection 5 or under section
8A.504, or fees charged pursuant to section 356.7.
Sec. 11. Section 602.8108, subsections 3 and 7, Code 2020,
-3-are amended to read as follows:
3. The clerk of the district court shall remit to the state
court administrator, not later than the fifteenth day of each
month, ninety-five percent of all moneys collected from the
criminal penalty surcharge provided in section 911.1 during the
preceding calendar month. The clerk shall remit the remainder
to the county treasurer of the county that was the plaintiff
in the action or to the city that was the plaintiff in the
action. Of the amount received from the clerk, the state
court administrator shall allocate seventeen and deposit each
month forty-six percent in the juvenile detention home fund
in section 232.142, thirty-two percent to be deposited in the
victim compensation fund established in section 915.94, and
eighty-three percent to be deposited in the general fund twenty
percent in the criminalistics laboratory fund established in
section 691.9, and two percent in the drug abuse resistance
education fund established in section 80E.4.
7. The clerk of the district court shall remit all moneys
collected from the assessment of the surcharges surcharge
provided in sections section911.2Band 911.2C to the state
court administrator for deposit in the address confidentiality
program revolving fund created in section 9.8.
Sec. 12. Section 602.8108, subsection 4, Code 2020, is
amended by striking the subsection and inserting in lieu
thereof the following:
4. The clerk of the district court shall remit to the
state court administrator, not later than the fifteenth day of
each month, ninety-one percent of all moneys collected from
county enforcement as provided section 602.8106, subsection 4,
paragraph “b”, subparagraph (1), during the preceding calendar
month. Of the amount received from the clerk, the state court
administrator shall allocate and deposit one and three-tenths
percent in the emergency medical services fund in section
135.25, and shall allocate and deposit the remainder in the
general fund of the state.
-4- Sec. 13. Section 602.8108, subsections 5 and 8, Code 2020,
are amended by striking the subsections.
Sec. 14. Section 602.8108, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 13. The clerk of the district court
shall remit all moneys collected from the agricultural
theft surcharge provided in section 911.5 to the state court
administrator no later than the fifteenth day of each month
for deposit in the general fund of the state, and the amount
deposited is appropriated to the department of agriculture and
land stewardship to support the Iowa emergency food purchase
program fund established in section 190B.201.
Sec. 15. Section 805.8, subsection 1, Code 2020, is amended
to read as follows:
1. Application. Except as otherwise indicated, violations
of sections of the Code specified in sections 805.8A, 805.8B,
and 805.8C are scheduled violations, and the scheduled fine
for each of those violations is as provided in those sections,
whether the violation is of state law or of a county or city
ordinance. The criminal penalty crime services surcharge
required by section 911.1and the county enforcement surcharge
required by section 911.4, if applicable, shall be added to the
scheduled fine.
Sec. 16. Section 902.9, subsection 2, Code 2020, is amended
to read as follows:
2. The surcharges required by sections 911.1, 911.2,
911.2A, and 911.3 911.5 shall be added to a fine imposed on a
class “C” or class “D” felon, as provided by those sections,
and are not a part of or subject to the maximums set in this
section.
Sec. 17. Section 903.1, subsection 4, Code 2020, is amended
to read as follows:
4. The surcharges required by sections 911.1, 911.2,
911.2A, 911.3, and 911.4 and 911.5 shall be added to a fine
imposed on a misdemeanant as provided in those sections,
-5-and are not a part of or subject to the maximums set in this
section.
Sec. 18. Section 911.1, Code 2020, is amended to read as
follows:
911.1 Criminal penalty Crime services surcharge.
1. A criminal penalty crime services surcharge shall be
levied against law violators as provided in this section.
When a court imposes a fine or forfeiture for a violation of
state law, or a city or county ordinance, except an ordinance
regulating the parking of motor vehicles, the court or the
clerk of the district court shall assess an additional penalty
in the form of a criminal penalty crime services surcharge
equal to thirty-five fifteen percent of the fine or forfeiture
imposed.
2. In the event of multiple offenses, the surcharge shall
be based upon the total amount of fines or forfeitures imposed
for all offenses.
3. When a fine or forfeiture is suspended in whole or in
part, the court shall reduce the surcharge in proportion to the
amount suspended.
4. The surcharge is subject to the provisions of chapter
909 governing the payment and collection of fines, as provided
in section 909.8.
5. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 3.
Sec. 19. Section 911.2A, subsection 1, Code 2020, is amended
to read as follows:
1. In addition to any other surcharge, the court or clerk
of the district court shall assess a human trafficking victim
surcharge of one thousand dollars if an adjudication of
guilt or a deferred judgment has been entered for a criminal
violation of section 725.1, subsection 2, or section 710A.2,
725.2, or 725.3.
Sec. 20. Section 911.2B, Code 2020, is amended to read as
follows:
-6- 911.2B Domestic abuse assault, or sexual abuse, stalking, and
human trafficking victim related crimes surcharge.
1. In addition to any other surcharge, the court or clerk
of the district court shall assess a domestic abuse assault,
domestic abuse protective order contempt, sexual abuse,
stalking, and human trafficking victim surcharge of one hundred
ninety dollars if an adjudication of guilt or a deferred
judgment has been entered for a violation of section 708.2A,
708.11, or 710A.2, or chapter 709, or if a defendant is held
in contempt of court for violating a domestic abuse protective
order issued pursuant to chapter 236.
2. In the event of multiple offenses, the surcharge shall be
imposed for each applicable offense.
3. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 7.
Sec. 21. NEW SECTION. 911.5 Agricultural theft surcharge.
1. In addition to any other surcharge, the court or clerk of
the district court shall assess an agricultural theft surcharge
equal to five hundred dollars, if an adjudication of guilt or
a deferred judgment has been entered for a criminal violation
involving any of the following:
a. Theft of agricultural property under section 714.2,
subsection 1, 2, or 3.
b. Criminal mischief under section 716.3, 716.4, or 716.5,
by damaging, defacing, altering, or destroying agricultural
property.
2. As used in this section, agricultural property means any
of the following:
a. A crop as defined in section 717A.1.
b. Livestock as defined in section 717.1.
c. (1) A colony or package as defined in section 160.1A,
or a hive where bees are kept as described in section 160.5,
if the department of agriculture and land stewardship is
authorized by that chapter to inspect the colony, package, or
hive or to regulate the movement of the colony, package, or
-7-hive.
(2) A queen bee that is part of a colony or is being moved
to be part of a colony as described in subparagraph (1).
3. The surcharge shall be remitted by the clerk of the
district court as provided in section 602.8108, subsection 13.
Sec. 22. REPEAL. Sections 911.2, 911.2C, 911.3, and 911.4,
Code 2020, are repealed.
DIVISION II
court funds
Sec. 23. Section 602.1302, subsection 1, Code 2020, is
amended to read as follows:
1. Except as otherwise provided by sections 602.1303,
602.1304, and 602.8108 or other applicable law, the expenses of
operating and maintaining the judicial branch shall be paid out
of the general fund of the state from funds appropriated by the
general assembly for the judicial branch. State funding shall
be phased in as provided in section 602.11101.
Sec. 24. Section 602.1304, subsection 1, Code 2020, is
amended to read as follows:
1. Except as provided in article 8and subsection 2 of this
section, all fees and other revenues collected by judicial
officers and court employees shall be paid into the general
fund of the state.
Sec. 25. Section 602.1304, subsection 2, Code 2020, is
amended by striking the subsection.
Sec. 26. Section 602.8108, subsection 9, Code 2020, is
amended by striking the subsection and inserting in lieu
thereof the following:
9. a. A court technology and modernization fund is
established as a separate fund in the state treasury. The
state court administrator shall allocate seven million dollars
of the moneys received under subsection 2 to be deposited in
the fund, which shall be administered by the judicial branch.
b. The moneys in the fund shall be used to enhance the
ability of the judicial branch to process cases more quickly
-8-and efficiently, to electronically transmit information to
state government, local governments, law enforcement agencies,
and the public, and to improve public access to the court
system. The moneys in the collection fund may also be used for
any the following:
(1) The Iowa court information system.
(2) Records management, equipment, services, and projects.
(3) Other technological improvements approved by the
judicial branch.
(4) Electronic legal research equipment, systems, and
projects.
(5) The study, development, and implementation of other
innovations and projects that would improve the administration
of justice.
(6) Capital improvements necessitated by the installation
of or connection with the Iowa court information system, the
Iowa communications network, or other like networks.
c. The fund shall be separate from the general fund of
the state and the balance in the fund shall not be considered
part of the balance of the general fund of the state.
Notwithstanding section 8.33, moneys in the fund shall not
revert to the general fund. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the court
technology and modernization fund shall remain in the court
technology and modernization fund and any interest and earnings
shall be in addition to the maximum annual deposit amount.
Sec. 27. TRANSFER OF REMAINING FUNDS. Any unobligated
or unencumbered moneys remaining in the enhanced court
collections fund in section 602.1304 at the end of the fiscal
year beginning July 1, 2019, and ending June 30, 2020, shall be
transferred to the court technology and modernization fund.
DIVISION III
civil fees AND COURT COSTS
Sec. 28. Section 602.8105, subsections 1 and 2, Code 2020,
are amended to read as follows:
-9- 1. The clerk of the district court shall collect the
following fees:
a. Except as otherwise provided in this subsection, for
filing and docketing a petition, one hundred eighty-five
ninety-five dollars. In counties having a population of
ninety-eight thousand or over, an additional five dollars shall
be charged and collected to be known as the journal publication
fee and used for the purposes provided for in section 618.13.
0b. For filing and docketing a petition for dissolution
of marriage, which includes the docketing of any dissolution
decree, two hundred sixty-five dollars. It is the intent of
the general assembly that twenty percent of the funds generated
from these fees be appropriated and used for sexual assault
and domestic violence centers and eighty percent of the funds
generated from these fees be appropriated to the general fund
of the state.
b. For filing and docketing a petition pursuant to chapter
598 other than a dissolution of marriage petition, one hundred
ten dollars.
c. For filing and docketing an application for modification
of a dissolution decree to which a written stipulation is
attached at the time of filing containing the agreement of the
parties to the terms of modification, one hundred ten dollars.
d. For entering a final decree of dissolution of marriage,
fifty dollars. It is the intent of the general assembly that
the funds generated from the dissolution fees be appropriated
and used for sexual assault and domestic violence centers.
e. d. For filing and docketing a petition for adoption
pursuant to chapter 600, one hundred zero dollars. For
multiple adoption petitions filed at the same time by the same
petitioner under section 600.3, the filing fee and any court
costs for any petition filed in addition to the first petition
filed are waived.
f. e. For filing and docketing a small claims action, the
amounts specified in section 631.6.
-10- g. f. For an appeal from a judgment in small claims or for
filing and docketing a writ of error, one hundred eighty-five
ninety-five dollars.
h. g. For a motion to show cause in a civil case, fifty
sixty dollars.
i. h. For filing and docketing a transcript of the judgment
in a civil case, fifty sixty dollars.
j. i. For filing a tribal judgment, one hundred ten
dollars.
2. The clerk of the district court shall collect the
following fees for miscellaneous services:
a. For filing and entering any other statutory lien, fifty
sixty dollars.
b. For a certificate and seal, twenty thirty dollars.
However, there shall be no charge for a certificate and seal to
an application to procure a pension, bounty, or back pay for a
member of the armed services or other person.
c. For certifying a change in title of real estate, fifty
sixty dollars.
d. For filing a praecipe to issue execution under chapter
626, twenty-five thirty-five dollars. The fee shall be
recoverable by the creditor from the debtor against whom the
execution is issued. A fee payable by a political subdivision
of the state under this paragraph shall be collected by the
clerk of the district court as provided in section 602.8109.
However, the fee shall be waived and shall not be collected
from a political subdivision of the state if a county attorney
or county attorney’s designee is collecting a delinquent
judgment pursuant to section 602.8107, subsection 4.
e. For filing a praecipe to issue execution under chapter
654, fifty sixty dollars.
f. For filing a confession of judgment under chapter 676,
fifty sixty dollars if the judgment is five thousand dollars or
less, and one hundred ten dollars if the judgment exceeds five
thousand dollars.
-11- g. For filing a lis pendens, fifty sixty dollars.
h. For applicable convictions under section 692A.110 prior
to July 1, 2009, a civil penalty of two hundred ten dollars,
and for applicable convictions under section 692A.110 on or
after July 1, 2009, a civil penalty of two hundred fifty sixty
dollars.
i. Other fees provided by law.
Sec. 29. Section 602.8106, subsection 1, paragraph d, Code
2020, is amended to read as follows:
d. For court costs in scheduled violation cases where a
court appearance is required, sixty fifty-five dollars.
Sec. 30. Section 631.6, subsection 1, paragraphs a and c,
Code 2020, are amended to read as follows:
a. Fees for filing and docketing shall be eighty-five
ninety-five dollars.
c. Postage charged for the mailing of original notice shall
be ten twenty dollars.
DIVISION IV
scheduled violations
Sec. 31. Section 321.24, subsection 12, Code 2020, is
amended to read as follows:
12. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 2, paragraph “b”.
Sec. 32. Section 321.260, subsection 2, Code 2020, is
amended to read as follows:
2. It shall be unlawful for any person to have in the
person’s possession any official traffic-control device
except by legal right or authority. Any person convicted
of unauthorized possession of any official traffic-control
device shall upon conviction be guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 8, paragraph “c”. In addition to any other
penalties, the punishment imposed for a violation of this
subsection shall include assessment of a fine of not less than
-12-two hundred fifty dollars.
Sec. 33. Section 321.262, subsection 2, Code 2020, is
amended to read as follows:
2. The drivershall remain at the scene of the accident
until the driver has fulfilled the requirements of section
321.263. Any person failing to remain at the scene of the
accident or fulfill the requirements of section 321.263 under
such circumstances shall be guilty of a simple misdemeanor
and punished as provided in section 321.482 punishable as
a scheduled violation under section 805.8A, subsection 14,
paragraph “m”.
Sec. 34. Section 321.264, Code 2020, is amended to read as
follows:
321.264 Striking unattended vehicle.
The driver of any vehicle which collides with any vehicle
which is unattended shall immediately stop and shall then and
there either locate and notify the operator or owner of such
vehicle of the name and address of the driver and owner of the
vehicle striking the unattended vehicle or shall leave in a
conspicuous place in the vehicle struck a written notice giving
the name and address of the driver and of the owner of the
vehicle doing the striking and a statement of the circumstances
thereof. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 14, paragraph “n”.
Sec. 35. Section 321.265, Code 2020, is amended to read as
follows:
321.265 Striking fixtures upon a highway.
The driver of a vehicle involved in an accident resulting
in damage to property legally upon or adjacent to a highway
shall take reasonable steps to locate and notify the owner,
a peace officer, or person in charge of the damaged property
of the damage and shall inform the person of the driver’s name
and address and the registration number of the vehicle causing
the damage and shall, upon request and if available, exhibit
-13-the driver’s license of the driver of the vehicle and shall
report the accident when and as required in section 321.266. A
person who violates this section commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 14, paragraph “o”.
Sec. 36. Section 321.324A, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. A person who violates this section
commits a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “0s”.
Sec. 37. Section 321.371, subsection 2, Code 2020, is
amended to read as follows:
2. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 14, paragraph “p”.
Sec. 38. Section 321.372, subsection 5, paragraph b,
subparagraph (1), Code 2020, is amended to read as follows:
(1) For a first offense under subsection 3, the person is
guilty of a simple misdemeanor punishable by a fine of at least
two hundred fifty three hundred forty-five dollars but not more
than six hundred seventy-five nine hundred thirty dollars or
by imprisonment for not more than thirty days, or by both. The
department may require the person to attend and successfully
complete, at the person’s own expense, a driver improvement
program approved by the department in lieu of driver’s license
suspension for the offense pursuant to section 321.210.
Sec. 39. Section 321.383, subsection 4, Code 2020, is
amended to read as follows:
4. Any Except as provided in subsection 5, any person
who violates any provision of this sectionshall be fined
as provided in commits a simple misdemeanor punishable as a
scheduled violation undersection 805.8A, subsection 3.
Sec. 40. Section 321.383, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. A person who operates a self-propelled
-14-implement of husbandry at a speed which exceeds the limit
of thirty-five miles per hour commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 5.
Sec. 41. Section 321.431, subsection 6, Code 2020, is
amended to read as follows:
6. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 3, paragraph “ad”.
Sec. 42. Section 805.8A, Code 2020, is amended to read as
follows:
805.8A Motor vehicle and transportation scheduled violations.
1. Parking violations.
a. For parking violations under sections 321.236, 321.239,
321.358, 321.360, and 321.361, the scheduled fine is five
dollars, except if the local authority has established the
fine by ordinance. The scheduled fine for a parking violation
pursuant to section 321.236 increases by five dollars if
authorized by ordinance and if the parking violation is not
paid within thirty days of the date upon which the violation
occurred. For purposes of calculating the unsecured appearance
bond required under section 805.6, the scheduled fine shall
be five dollars, or if the amount of the fine is greater than
five dollars, the unsecured appearance bond shall be the amount
of the fine established by the local authority. However,
violations charged by a city or county upon simple notice of a
fine instead of a uniform citation and complaint required by
section 321.236, subsection 1, paragraph “b”, are not scheduled
violations, and this section shall not apply to any offense
charged in that manner. For a parking violation under section
461A.38, the scheduled fine is ten dollars. For a parking
violation under section 321.362, the scheduled fine is twenty
dollars.
b. For a parking violation under section 321L.2A, subsection
2, the scheduled fine is twenty dollars.
-15- c. For violations under section 321L.2A, subsection 3,
sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
scheduled fine is two hundred dollars.
2. Title and registration violations. For title or
registration violations under the following sections, the
scheduled fine is as follows:
a. Section 321.17$ 50 $ 70.
b. Section 321.24$135.
b. c. Section 321.25$100 $135.
c. d. Section 321.32$ 20 $ 30.
d. e. Section 321.34$ 20 $ 30.
e. f. Section 321.37$ 20 $ 30.
f. g. Section 321.38$ 20 $ 30.
g. h. Section 321.41$ 20 $ 30.
h. i. Section 321.45$100 $135.
i. j. Section 321.46$100 $135.
j. k. Section 321.47$100 $135.
k. l. Section 321.48$100 $135.
l. m. Section 321.52$100 $135.
m. n. Section 321.55$ 50 $ 70.
n. o. Section 321.57$100 $135.
o. p. Section 321.62$100 $135.
p. q. Section 321.67$100 $135.
q. r. Section 321.98$ 50 $ 70.
r. s. Section 321.99$200 $260.
s. t. Section 321.104$100 $135.
t. u. Section 321.115$ 30 $ 45.
u. v. Section 321.115A$ 30 $ 45.
3. Equipment violations. For equipment violations under the
following sections, the scheduled fine is as follows:
a. Section 321.234A$ 50 $ 70.
b. Section 321.247$100 $135.
c. Section 321.317$ 20 $ 30.
d. Section 321.381$100 $135.
e. Section 321.381A$100 $135.
-16- f. Section 321.382$ 25 $ 35.
g. Section 321.383, subsection 4$ 30 $ 45.
h. Section 321.384$ 30 $ 45.
i. Section 321.385$ 30 $ 45.
j. Section 321.386$ 30 $ 45.
k. Section 321.387$ 20 $ 30.
l. Section 321.388$ 20 $ 30.
m. Section 321.389$ 20 $ 30.
n. Section 321.390$ 20 $ 30.
o. Section 321.392$ 20 $ 30.
p. Section 321.393$ 20 $ 30.
q. Section 321.398$ 30 $ 45.
r. Section 321.402$ 30 $ 45.
s. Section 321.403$ 30 $ 45.
t. Section 321.404$ 30 $ 45.
u. Section 321.404A$ 25 $ 35.
v. Section 321.409$ 30 $ 45.
w. Section 321.415$ 30 $ 45.
x. Section 321.419$ 30 $ 45.
y. Section 321.420$ 30 $ 45.
z. Section 321.421$ 30 $ 45.
aa. Section 321.422$ 20 $ 30.
ab. Section 321.423$ 30 $ 45.
ac. Section 321.430$100 $135.
ad. Section 321.431$135.
ad. ae. Section 321.432$ 20 $ 30.
ae. af. Section 321.433$ 30 $ 45.
af. ag. Section 321.436$ 20 $ 30.
ag. ah. Section 321.438$ 50 $ 70.
ah. ai. Section 321.439$ 20 $ 30.
ai. aj. Section 321.440$ 20 $ 30.
aj. ak. Section 321.441$ 20 $ 30.
ak. al. Section 321.442$ 20 $ 30.
al. am. Section 321.444$ 20 $ 30.
4. Driver’s license violations. For driver’s license
-17-violations under the following sections, the scheduled fine is
as follows:
a. Section 321.174$ 200 $ 260.
b. Section 321.174A$ 50 $ 70.
c. Section 321.178, subsection 2,
paragraph “a”, subparagraph (2)$ 30 $ 45.
d. Section 321.180$ 50 $ 70.
e. Section 321.180B$ 50 $ 70.
f. Section 321.193$ 50 $ 70.
g. Section 321.194$ 50 $ 70.
h. Section 321.216$ 100 $ 135.
i. Section 321.216B$ 200 $ 260.
j. Section 321.216C$ 200 $ 260.
k. Section 321.219$ 200 $ 260.
l. Section 321.220$ 200 $ 260.
5. Speed violations.
a. For excessive speed violations in excess of the limit
under section 321.236, subsections 5 and 11, sections section
321.285, section 321.383, subsection 5, and section461A.36,
the scheduled fine shall be the following:
(1) Twenty Thirty dollars for speed not more than five miles
per hour in excess of the limit.
(2) Forty Fifty-five dollars for speed greater than five but
not more than ten miles per hour in excess of the limit.
(3) Eighty One hundred five dollars for speed greater than
ten but not more than fifteen miles per hour in excess of the
limit.
(4) Ninety One hundred twenty dollars for speed greater
than fifteen but not more than twenty miles per hour in excess
of the limit.
(5) One hundred thirty-five dollars plus five dollars for
each mile per hour of excessive speed over twenty miles per
hour over the limit.
b. Excessive speed by a school bus is punishable as provided
in subsection 10.
-18- c. Excessive speed in conjunction with a violation of
section 321.278 is not a scheduled violation, whatever the
amount of excess speed.
d. For a violation under section 321.295, the scheduled fine
is fifty seventy dollars.
6. Operating violations. For operating violations under the
following sections, the scheduled fine is as follows:
a. Section 321.236, subsections 3, 4, 9,
and 12$ 20 $ 30.
b. Section 321.275, subsections 1
through 7$ 35 $ 50.
c. Section 321.277A$ 35 $ 50.
d. Section 321.288$100 $135.
e. Section 321.297$100 $135.
f. Section 321.299$100 $135.
g. Section 321.302$100 $135.
h. Section 321.303$100 $135.
i. Section 321.304, subsections 1
and 2$100 $135.
j. Section 321.305$100 $135.
k. Section 321.306$100 $135.
l. Section 321.311$100 $135.
m. Section 321.312$100 $135.
n. Section 321.314$100 $135.
o. Section 321.315$ 35 $ 50.
p. Section 321.316$ 35 $ 50.
q. Section 321.318$ 35 $ 50.
r. Section 321.323$100 $135.
0s. Section 321.324A$135.
s. Section 321.340$100 $135.
t. Section 321.353$100 $135.
u. Section 321.354$100 $135.
v. Section 321.363$ 35 $ 50.
w. Section 321.365$ 35 $ 50.
x. Section 321.366$100 $135.
-19- y. Section 321.395$100 $135.
7. Failure to yield or obey violations. For failure to yield
or obey violations under the following sections, the scheduled
fine is as follows:
a. Section 321.257, subsection 2, for a violation by an
operator of a motor vehicle$100 $135.
b. Section 321.298$100 $135.
c. Section 321.307$100 $135.
d. Section 321.313$100 $135.
e. Section 321.319$100 $135.
f. Section 321.320$100 $135.
g. Section 321.321$100 $135.
h. Section 321.327$100 $135.
i. Section 321.329$100 $135.
j. Section 321.333$100 $135.
8. Traffic sign or signal violations. For traffic sign or
signal violations under the following sections, the scheduled
fine is as follows:
a. Section 321.236, subsections 2 and 6$ 35 $ 50.
b. Section 321.256$100 $135.
c. Section 321.260, subsection 2$455.
c. d. Section 321.294$100 $135.
d. e. Section 321.304, subsection 3$100 $135.
e. f. Section 321.322$100 $135.
9. Bicycle or pedestrian violations. For bicycle or
pedestrian violations under the following sections, the
scheduled fine for a pedestrian or bicyclist is as follows:
a. Section 321.234, subsections 3 and 4$ 25 $ 35.
b. Section 321.236, subsection 10$ 15 $ 25.
c. Section 321.257, subsection 2$ 25 $ 35.
d. Section 321.275, subsection 8$ 25 $ 35.
e. Section 321.325$ 25 $ 35.
f. Section 321.326$ 25 $ 35.
g. Section 321.328$ 25 $ 35.
h. Section 321.331$ 25 $ 35.
-20- i. Section 321.332$ 25 $ 35.
j. Section 321.397$ 25 $ 35.
k. Section 321.434$ 25 $ 35.
9A. Electric personal assistive mobility device
violations. For violations under section 321.235A, the
scheduled fine is fifteen twenty-five dollars.
10. School bus violations. For violations by an operator of
a school bus under sections 321.285 and 321.372, subsections 1
and 2, the scheduled fine is one hundred thirty-five dollars.
However, an excessive speed violation by a school bus of
more than ten miles per hour in excess of the limit is not a
scheduled violation.
11. a. Emergency vehicle and equipment-related
violations. For violations relating to authorized emergency
vehicles, fire apparatus and equipment, and police bicycles
under the following sections, the scheduled fine is as follows:
(1) Section 321.231$100 $135.
(2) Section 321.323A, subsection 1$100 $135.
(3) Section 321.324$100 $135.
(4) Section 321.367$100 $135.
(5) Section 321.368$100 $135.
b. Violations relating to stationary nonemergency vehicles.
For violations relating to the approach of certain stationary
nonemergency vehicles under section 321.323A, subsections 2 and
3, the scheduled fine is one hundred thirty-five dollars.
12. Restrictions on vehicles.
a. For violations under sections 321.309, 321.310, 321.394,
321.461, and 321.462, the scheduled fine is thirty-five fifty
dollars.
b. For violations under section 321.437, the scheduled fine
is thirty-five fifty dollars.
c. For height, length, width, and load violations under
sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
scheduled fine is two hundred sixty dollars.
d. For violations under section 321.466, the scheduled fine
-21-is twenty twenty-five dollars for each two thousand pounds or
fraction thereof of overweight.
e. (1) Violations of the schedule of axle and tandem axle
and gross or group of axle weight violations in section 321.463
shall be scheduled violations subject to the provisions,
procedures, and exceptions contained in sections 805.6 through
805.11, irrespective of the amount of the fine under that
schedule.
(a) Violations of the schedule of weight violations shall be
chargeable, where the fine charged does not exceed one thousand
dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where
the fine charged exceeds one thousand dollars shall, when the
violation is admitted and section 805.9 applies, be chargeable
upon uniform citation and complaint, indictment, or county
attorney’s information, but otherwise shall be chargeable only
upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight
violations, the charge shall specify the amount of fine charged
under the schedule. Where a defendant is convicted and the
fine under the foregoing schedule of weight violations exceeds
one thousand dollars, the conviction shall be of an indictable
offense although section 805.9 is employed and whether the
violation is charged upon uniform citation and complaint,
indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the
provisions relating to weight, the scheduled fine is two
hundred sixty dollars.
13. Motor carrier and other operator violations.
a. (1) For a violation under section 321.54, the scheduled
fine is thirty forty-five dollars.
(2) For violations under sections 326.22 and 326.23, the
scheduled fine is fifty seventy dollars.
b. For a violation under section 321.449, 321.449A, or
321.449B, the scheduled fine is fifty seventy dollars.
-22- c. For violations under sections 321.364, 321.450, 321.460,
and 452A.52, the scheduled fine is two hundred sixty dollars.
d. For violations of section 325A.3, subsection 6, or
section 325A.8, the scheduled fine is one hundred thirty-five
dollars.
e. For violations of chapter 325A, other than a violation of
section 325A.3, subsection 6, or section 325A.8, the scheduled
fine is two three hundred fifty twenty-five dollars.
f. For violations of section 327B.1, subsection 1 or 3, the
scheduled fine is two three hundred fifty twenty-five dollars.
14. Miscellaneous violations.
a. Failure to obey a peace officer. For a violation under
section 321.229, the scheduled fine is one hundred thirty-five
dollars.
b. Abandoning a motor vehicle. For a violation under
section 321.91, the scheduled fine is two hundred sixty
dollars.
c. Seat belt or restraint violations.
(1) For a violation under section 321.445, the scheduled
fine is fifty seventy dollars.
(2) For a violation under section 321.446, the scheduled
fine is one hundred thirty-five dollars.
d. Litter and debris violations. For violations under
sections 321.369 and 321.370, the scheduled fine is seventy
ninety dollars.
e. Open container violations. For violations under sections
321.284 and 321.284A, the scheduled fine is two hundred sixty
dollars.
f. Proof of financial responsibility. If, in connection
with a motor vehicle accident, a person is charged and found
guilty of a violation of section 321.20B, subsection 1,
the scheduled fine is five six hundred forty-five dollars;
otherwise, the scheduled fine for a violation of section
321.20B, subsection 1, is two three hundred fifty twenty-five
dollars. Notwithstanding section 805.12, fines collected
-23-pursuant to this paragraph shall be submitted to the state
court administrator and distributed fifty percent to the victim
compensation fund established in section 915.94, twenty-five
percent to the county in which such fine is imposed, and
twenty-five percent to the general fund of the state.
g. Speed detection jamming devices. For a violation under
section 321.232, the scheduled fine is one hundred thirty-five
dollars.
h. Railroad crossing violations. For violations under
sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
the scheduled fine is two hundred sixty dollars.
i. Road work zone violations. The scheduled fine for any
moving traffic violation under chapter 321, as provided in
this section, shall be doubled if the violation occurs within
any road work zone, as defined in section 321.1. However,
notwithstanding subsection 5, the scheduled fine for violating
the speed limit in a road work zone is as follows:
(1) One hundred fifty ninety-five dollars for speed not more
than ten miles per hour over the posted speed limit.
(2) Three hundred ninety dollars for speed greater than ten
but not more than twenty miles per hour over the posted speed
limit.
(3) Five Six hundred forty-five dollars for speed greater
than twenty but not more than twenty-five miles per hour over
the posted speed limit.
(4) One thousand two hundred eighty-five dollars for speed
greater than twenty-five miles per hour over the posted speed
limit.
j. Vehicle component parts records violations. For
violations under section 321.95, the scheduled fine is fifty
seventy dollars.
k. Actions against a person on a bicycle. For violations
under section 321.281, the scheduled fine is two three hundred
fifty twenty-five dollars.
l. Writing, sending, or viewing an electronic message while
-24-driving violations. For violations under section 321.276, the
scheduled fine is thirty forty-five dollars.
m. Leaving scene of traffic accident. For violations under
section 321.262, the scheduled fine is one hundred thirty-five
dollars.
n. Striking unattended vehicle. For violations under
section 321.264, the scheduled fine is one hundred thirty-five
dollars.
o. Striking fixtures upon highway. For violations under
section 321.265, the scheduled fine is one hundred thirty-five
dollars.
p. Clearing up wrecks. For violations under section
321.371, the scheduled fine is thirty-five dollars.
Sec. 43. Section 805.8B, Code 2020, is amended to read as
follows:
805.8B Navigation, recreation, hunting, and fishing scheduled
violations.
1. Navigation violations.
a. For violations of registration, inspections,
identification, and record provisions under sections 462A.5,
462A.35, and 462A.37, and for unused or improper or defective
lights and warning devices under section 462A.9, subsections 3,
4, 5, 9, and 10, the scheduled fine is ten twenty dollars.
b. For violations of registration, identification, and
record provisions under sections 462A.4 and 462A.10, and for
unused or improper or defective equipment under section 462A.9,
subsections 2, 6, 7, 8, 13, and 14, and section 462A.11, and
for operation violations under sections 462A.26, 462A.31, and
462A.33, the scheduled fine is twenty thirty dollars.
c. For operating violations under sections 462A.12, 462A.15,
subsection 1, sections 462A.24, and 462A.34, the scheduled fine
is twenty-five thirty-five dollars. However, a violation of
section 462A.12, subsection 2, is not a scheduled violation.
d. For violations of use, location, and storage of vessels,
devices, and structures under sections 462A.27, 462A.28, and
-25-462A.32, the scheduled fine is fifteen twenty-five dollars.
e. For violations of all subdivision ordinances under
section 462A.17, subsection 2, except those relating to
matters subject to regulation by authority of section 462A.31,
subsection 5, the scheduled fine is the same as prescribed for
similar violations of state law. For violations of subdivision
ordinances for which there is no comparable state law, the
scheduled fine is ten twenty dollars.
2. Snowmobile violations.
a. For registration or user permit violations under section
321G.3, subsection 1, or section 321G.4B, the scheduled fine is
fifty sixty-five dollars.
b. (1) For operating violations under section 321G.9, the
scheduled fine is fifty seventy dollars.
(2) For operating violations under sections 321G.11 and
321G.13, subsection 1, paragraph “d”, the scheduled fine is
twenty thirty dollars.
(3) For operating violations under section 321G.13,
subsection 1, paragraphs “a”, “b”, “e”, “f”, “g”, “h”, and “i”,
and section 321G.13, subsections 2 and 3, the scheduled fine is
one hundred thirty-five dollars.
c. For improper or defective equipment under section
321G.12, the scheduled fine is twenty thirty dollars.
d. For violations of section 321G.19, the scheduled fine is
twenty thirty dollars.
e. For decal violations under section 321G.5, the scheduled
fine is twenty thirty dollars.
f. For stop signal violations under section 321G.17, the
scheduled fine is one hundred thirty-five dollars.
g. For violations of section 321G.20 and for education
certificate violations under section 321G.24, subsection 1, the
scheduled fine is fifty seventy dollars.
h. For violations of section 321G.21, the scheduled fine is
one hundred thirty-five dollars.
2A. All-terrain vehicle violations.
-26- a. For registration or user permit violations under section
321I.3, subsection 1, the scheduled fine is fifty seventy
dollars.
b. (1) For operating violations under sections 321I.12 and
321I.14, subsection 1, paragraph “d”, the scheduled fine is
twenty thirty dollars.
(2) For operating violations under section 321I.10,
subsections 1 and 4, the scheduled fine is fifty seventy
dollars.
(3) For operating violations under section 321I.14,
subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and
section 321I.14, subsections 2, 3, 4, and 5, the scheduled fine
is one hundred thirty-five dollars.
c. For improper or defective equipment under section
321I.13, the scheduled fine is twenty thirty dollars.
d. For violations of section 321I.20, the scheduled fine is
twenty thirty dollars.
e. For decal violations under section 321I.6, the scheduled
fine is twenty thirty dollars.
f. For stop signal violations under section 321I.18, the
scheduled fine is one hundred thirty-five dollars.
g. For violations of section 321I.21 and for education
certificate violations under section 321I.26, subsection 1, the
scheduled fine is fifty seventy dollars.
h. For violations of section 321I.22, the scheduled fine is
one hundred thirty-five dollars.
3. Hunting and fishing violations.
a. For violations of section 484A.2, the scheduled fine is
ten twenty dollars.
b. For violations of sections 481A.54, 481A.69, 481A.71,
481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, 483A.27, and
483A.27A, the scheduled fine is twenty thirty dollars.
c. For violations of sections 481A.6, 481A.21, 481A.22,
481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
-27-483A.6A, 483A.7, 483A.8, 483A.23, 483A.24, and 483A.28, the
scheduled fine is twenty-five thirty-five dollars.
d. For violations of sections 481A.7, 481A.24, 481A.47,
481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection
2, sections 482.5, 482.7, 482.8, 482.10, and 483A.37, the
scheduled fine is fifty seventy dollars.
e. For violations of sections 481A.57, 481A.85, 481A.93,
481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and
483A.42, the scheduled fine is one hundred thirty-five dollars.
f. For violations of section 481A.38 relating to the taking,
pursuing, killing, trapping or ensnaring, buying, selling,
possessing, or transporting any game, protected nongame
animals, fur-bearing animals, or fur or skin of the animals,
mussels, frogs, or fish or part of them, the scheduled fines
are as follows:
(1) For deer or turkey, the scheduled fine is one hundred
thirty-five dollars.
(2) For protected nongame, the scheduled fine is one hundred
thirty-five dollars.
(3) For mussels, frogs, spawn, or fish, the scheduled fine
is twenty-five thirty-five dollars.
(4) For other game, the scheduled fine is fifty seventy
dollars.
(5) For fur-bearing animals, the scheduled fine is
seventy-five one hundred dollars.
g. For violations of section 481A.38 relating to an attempt
to take, pursue, kill, trap, buy, sell, possess, or transport
any game, protected nongame animals, fur-bearing animals, or
fur or skin of the animals, mussels, frogs, or fish or part of
them, the scheduled fines are as follows:
(1) For game or fur-bearing animals, the scheduled fine is
fifty seventy dollars.
(2) For protected nongame, the scheduled fine is fifty
seventy dollars.
-28- (3) For mussels, frogs, spawn, or fish, the scheduled fine
is ten twenty dollars.
h. For violations of section 481A.48 relating to
restrictions on game birds and animals, the scheduled fines are
as follows:
(1) For out-of-season, the scheduled fine is one hundred
thirty-five dollars.
(2) For over limit, the scheduled fine is one hundred
thirty-five dollars.
(3) For attempt to take, the scheduled fine is fifty seventy
dollars.
(4) For general waterfowl restrictions, the scheduled fine
is fifty seventy dollars.
(a) For no federal stamp, the scheduled fine is fifty
seventy dollars.
(b) For unplugged shotgun, the scheduled fine is ten twenty
dollars.
(c) For possession of other than steel shot, the scheduled
fine is twenty-five thirty-five dollars.
(d) For early or late shooting, the scheduled fine is
twenty-five thirty-five dollars.
(5) For possession of a prohibited pistol or revolver while
hunting deer, the scheduled fine is one hundred thirty-five
dollars.
(6) For possession of a prohibited rifle while hunting
deer, the scheduled fine is two three hundred fifty twenty-five
dollars.
i. For violations of section 481A.67 relating to general
violations of fishing laws, the scheduled fine is twenty-five
thirty-five dollars.
(1) For over limit catch, the scheduled fine is thirty
forty-five dollars.
(2) For under minimum length or weight, the scheduled fine
is twenty thirty dollars.
(3) For out-of-season fishing, the scheduled fine is fifty
-29- seventy dollars.
j. For violations of section 481A.73 relating to trotlines
and throwlines:
(1) For trotline or throwline violations in legal waters,
the scheduled fine is twenty-five thirty-five dollars.
(2) For trotline or throwline violations in illegal waters,
the scheduled fine is fifty seventy dollars.
k. For violations of section 481A.144, subsection 4, or
section 481A.145, subsections 4, 5, and 6, relating to minnows:
(1) For general minnow violations, the scheduled fine is
twenty-five thirty-five dollars.
(2) For commercial purposes, the scheduled fine is fifty
seventy dollars.
l. For violations of section 481A.87 relating to the taking
or possessing of fur-bearing animals out of season:
(1) For red fox, gray fox, or mink, the scheduled fine is
one hundred thirty-five dollars.
(2) For all other furbearers, the scheduled fine is fifty
seventy dollars.
m. For violations of section 482.4 relating to gear tags:
(1) For commercial license violations, the scheduled fine
is one hundred thirty-five dollars.
(2) For no gear tags, the scheduled fine is twenty-five
thirty-five dollars.
n. For violations of section 482.11, the scheduled fine is
one hundred thirty-five dollars.
o. For violations of rules adopted pursuant to section
483A.1 relating to licenses and permits, the scheduled fines
are as follows:
(1) For a license or permit costing ten dollars or less, the
scheduled fine is twenty thirty dollars.
(2) For a license or permit costing more than ten dollars
but not more than twenty dollars, the scheduled fine is thirty
forty-five dollars.
(3) For a license or permit costing more than twenty dollars
-30-but not more than forty dollars, the scheduled fine is fifty
seventy dollars.
(4) For a license or permit costing more than forty dollars
but not more than fifty dollars, the scheduled fine is seventy
ninety-five dollars.
(5) For a license or permit costing more than fifty dollars
but less than one hundred dollars, the scheduled fine is one
hundred thirty-five dollars.
(6) For a license or permit costing one hundred dollars or
more, the scheduled fine is two times the cost of the original
license or permit.
p. For violations of section 483A.26 relating to false
claims for licenses:
(1) For making a false claim for a license by a resident,
the scheduled fine is fifty seventy dollars.
(2) For making a false claim for a license by a nonresident,
the scheduled fine is one hundred thirty-five dollars.
q. For violations of section 483A.36 relating to the
conveyance of guns:
(1) For conveying an assembled, unloaded gun, the scheduled
fine is twenty-five thirty-five dollars.
(2) For conveying a loaded gun, the scheduled fine is fifty
seventy dollars.
4. Ginseng violations. For a violation of section 456A.24,
subsection 11, the scheduled fine is one hundred thirty-five
dollars.
5. Aquatic invasive species violations. For violations
of section 456A.37, subsection 3, the scheduled fine is as
follows:
a. For violations of section 456A.37, subsection 3,
paragraph “a”, the scheduled fine is five six hundred forty-five
dollars.
b. For violations of section 456A.37, subsection 3,
paragraph “b”, the scheduled fine is seventy-five one hundred
dollars.
-31- c. For repeat violations of section 456A.37, subsection 3,
paragraph “a” or “b”, within the same twelve-month period, the
scheduled fine shall include an additional fine of five six
hundred forty-five dollars for each violation.
6. Misuse of parks and preserves.
a. For violations under sections 461A.39, 461A.45, and
461A.50, the scheduled fine is ten twenty dollars.
b. For violations under sections 461A.40, 461A.46, and
461A.49, the scheduled fine is fifteen twenty-five dollars.
c. For violations of sections 461A.35, 461A.42, and 461A.44,
the scheduled fine is fifty seventy dollars.
d. For violations of section 461A.48, the scheduled fine is
twenty-five thirty-five dollars.
e. For violations under section 461A.43, the scheduled fine
is thirty forty-five dollars.
Sec. 44. Section 805.8C, Code 2020, is amended to read as
follows:
805.8C Miscellaneous scheduled violations.
1. Energy emergency violations. For violations of an
executive order issued by the governor under the provisions of
section 473.8, the scheduled fine is fifty seventy dollars.
2. Alcoholic beverage violations. For violations of section
123.49, subsection 2, paragraph “h”, the scheduled fine for
a licensee or permittee is one thousand five nine hundred
twenty-five dollars, and the scheduled fine for a person who
is employed by a licensee or permittee is five six hundred
forty-five dollars.
3. Violations related to smoking, tobacco, tobacco products,
alternative nicotine products, vapor products, and cigarettes.
a. For violations described in section 142D.9, subsection 1,
the scheduled fine is fifty dollars, and is a civil penalty,
and the criminal penalty crime services surcharge under section
911.1 shall not be added to the penalty, and the court costs
pursuant to section 805.9, subsection 6, shall not be imposed.
If the civil penalty assessed for a violation described in
-32-section 142D.9, subsection 1, is not paid in a timely manner,
a citation shall be issued for the violation in the manner
provided in section 804.1. However, a person under age
eighteen shall not be detained in a secure facility for failure
to pay the civil penalty. The complainant shall not be charged
a filing fee.
b. For violations of section 453A.2, subsection 1, by an
employee of a retailer, the scheduled fine is as follows:
(1) If the violation is a first offense, the scheduled fine
is one hundred thirty-five dollars.
(2) If the violation is a second offense, the scheduled fine
is two three hundred fifty twenty-five dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is five six hundred forty-five dollars.
c. For violations of section 453A.2, subsection 2, the
scheduled fine is as follows and is a civil penalty, and the
criminal penalty crime services surcharge under section 911.1
shall not be added to the penalty, and the court costs pursuant
to section 805.9, subsection 6, shall not be imposed:
(1) If the violation is a first offense, the scheduled fine
is fifty seventy dollars.
(2) If the violation is a second offense, the scheduled fine
is one hundred thirty-five dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is two three hundred fifty twenty-five dollars.
4. Electrical or mechanical amusement device violations.
a. For violations of legal age for operating an electrical
or mechanical amusement device required to be registered
as provided in section 99B.53, pursuant to section 99B.57,
subsection 1, the scheduled fine is two three hundred fifty
twenty-five dollars. Failure to pay the fine by a person
under the age of eighteen shall not result in the person being
detained in a secure facility.
b. For first offense violations concerning electrical or
mechanical amusement devices as provided in section 99B.54,
-33-subsection 2, the scheduled fine is two three hundred fifty
twenty-five dollars.
5. Gambling violations.
a. For violations of legal age for gambling wagering under
section 99D.11, subsection 7, section 99F.9, subsection 5,
and section 725.19, subsection 1, the scheduled fine is five
six hundred forty-five dollars. Failure to pay the fine by a
person under the age of eighteen shall not result in the person
being detained in a secure facility.
b. For legal age violations for entering or attempting
to enter a facility under section 99F.9, subsection 6, the
scheduled fine is five six hundred forty-five dollars. Failure
to pay the fine by a person under the age of eighteen shall not
result in the person being detained in a secure facility.
6. Pseudoephedrine sales violations. For violations of
section 126.23A, subsection 1, by an employee of a retailer, or
for violations of section 126.23A, subsection 2, paragraph “a”,
by a purchaser, the scheduled fine is as follows:
a. If the violation is a first offense, the scheduled fine
is two hundred sixty dollars.
b. If the violation is a second offense, the scheduled fine
is two three hundred fifty twenty-five dollars.
c. If the violation is a third or subsequent offense, the
scheduled fine is five six hundred forty-five dollars.
7. Alcoholic beverage violations by persons eighteen,
nineteen, or twenty years of age. For first offense violations
of section 123.47, subsection 4, the scheduled fine is two
hundred sixty dollars.
8. Unlicensed premises owner — under eighteen years of age
consumption or possession. For first offense violations of
section 123.47, subsection 2, the scheduled fine is two hundred
sixty dollars.
9. Notification violations. For violations of section
229.22, subsection 6, the scheduled fine is one thousand
dollars for a first violation and two thousand dollars for a
-34-second or subsequent violation. The scheduled fine under this
subsection is a civil penalty, and the criminal penalty crime
services surcharge under section 911.1 shall not be added to
the penalty.
10. Scrap metal transaction violations. For violations
of section 714.27, the scheduled fine is one hundred dollars
for a first violation, five hundred dollars for a second
violation within two years, and one thousand dollars for a
third or subsequent violation within two years. The scheduled
fine under this subsection is a civil penalty which shall
be deposited into the general fund of the county or city if
imposed by a designated officer or employee of a county or
city, or deposited in the general fund of the state if imposed
by a state agency, and the criminal penalty crime services
surcharge under section 911.1 shall not be added to the
penalty.
11. Trespassing violations. For trespasses punishable under
section 716.8, subsection 1 or 5, the scheduled fine is two
hundred sixty dollars for a first violation, five six hundred
forty-five dollars for a second violation, and one thousand
two hundred eighty-five dollars for a third or subsequent
violation.
12. Internet fantasy sports contest violations. For
violations of legal age for entering an internet fantasy sports
contest under section 99E.7, the scheduled fine is five hundred
dollars. Failure to pay the fine by a person under the age
of eighteen shall not result in the person being detained in
a secure facility.
DIVISION V
Misdemeanor and felony fines
Sec. 45. Section 902.9, subsection 1, paragraphs d and e,
Code 2020, are amended to read as follows:
d. A class “C” felon, not an habitual offender, shall be
confined for no more than ten years, and in addition shall be
sentenced to a fine of at least one thousand three hundred
-35-seventy dollars but not more than ten thirteen thousand six
hundred sixty dollars.
e. A class “D” felon, not an habitual offender, shall be
confined for no more than five years, and in addition shall
be sentenced to a fine of at least seven hundred fifty one
thousand twenty-five dollars but not more than seven ten
thousand five two hundred forty-five dollars.
Sec. 46. Section 903.1, subsections 1 and 2, Code 2020, are
amended to read as follows:
1. If a person eighteen years of age or older is convicted
of a simple or serious misdemeanor and a specific penalty is
not provided for or if a person under eighteen years of age
has been waived to adult court pursuant to section 232.45 on
a felony charge and is subsequently convicted of a simple,
serious, or aggravated misdemeanor, the court shall determine
the sentence, and shall fix the period of confinement or the
amount of fine, which fine shall not be suspended by the court,
within the following limits:
a. For a simple misdemeanor, there shall be a fine of at
least sixty-five one hundred five dollars but not to exceed six
eight hundred twenty-five fifty-five dollars. The court may
order imprisonment not to exceed thirty days in lieu of a fine
or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at
least three four hundred fifteen thirty dollars but not to
exceed one two thousand eight five hundred seventy-five sixty
dollars. In addition, the court may also order imprisonment
not to exceed one year.
2. When a person is convicted of an aggravated misdemeanor,
and a specific penalty is not provided for, the maximum penalty
shall be imprisonment not to exceed two years. There shall be
a fine of at least six eight hundred twenty-five fifty-five
dollars but not to exceed six eight thousand two five hundred
fifty forty dollars. When a judgment of conviction of an
aggravated misdemeanor is entered against any person and the
-36-court imposes a sentence of confinement for a period of more
than one year the term shall be an indeterminate term.
DIVISION VI
CRIMINALISTICS LABORATORY FUND
Sec. 47. Section 691.9, Code 2020, is amended to read as
follows:
691.9 Criminalistics laboratory fund.
A criminalistics laboratory fund is created as a separate
fund in the state treasury under the control of the department
of public safety. The fund shall consist of appropriations
made to the fund and transfers of interest, moneys collected
from the crime services surcharge established in section 911.1,
and earnings. All moneys in the fund are appropriated to
the department of public safety for use by the department in
criminalistics laboratory equipment and supply purchasing,
maintenance, depreciation, and training, and payments of the
fees charged by the department of administrative services for
the criminalistics laboratory facility in Ankeny. Any balance
in the fund on June 30 of any fiscal year shall not revert to
any other fund of the state but shall remain available for the
purposes described in this section.
DIVISION VII
DRUG ABUSE RESISTANCE EDUCATION FUND
Sec. 48. NEW SECTION. 80E.4 Drug abuse resistance education
fund.
A drug abuse resistance education fund is created as a
separate fund in the state treasury under the control of the
governor’s office of drug control policy for use by the drug
abuse resistance education program and other programs with a
similar purpose. The fund shall consist of appropriations made
to the fund and transfers of interest, moneys collected from
the crime services surcharge established in section 911.1,
and earnings. All moneys in the fund are appropriated to the
governor’s office of drug control policy. Notwithstanding
section 8.33, any balance in the fund on June 30 of any fiscal
-37-year shall not revert to any other fund of the state but shall
remain available for the purposes described in this section.
DIVISION VIII
EMERGENCY MEDICAL SERVICES FUND
Sec. 49. Section 135.25, Code 2020, is amended to read as
follows:
135.25 Emergency medical services fund.
An emergency medical services fund is created in the state
treasury under the control of the department. The fund
includes, but is not limited to, amounts appropriated by the
general assembly, amounts transferred pursuant to section
602.8108, subsection 4, and other moneys available from
federal or private sources which are to be used for purposes
of this section. Funds remaining in the fund at the end of
each fiscal year shall not revert to the general fund of the
state but shall remain in the emergency medical services fund,
notwithstanding section 8.33. The fund is established to
assist counties by matching, on a dollar-for-dollar basis,
moneys spent by a county for the acquisition of equipment for
the provision of emergency medical services and by providing
grants to counties for education and training in the delivery
of emergency medical services, as provided in this section and
section 422D.6. A county seeking matching funds under this
section shall apply to the emergency medical services division
of the department. The department shall adopt rules concerning
the application and awarding process for the matching funds and
the criteria for the allocation of moneys in the fund if the
moneys are insufficient to meet the emergency medical services
needs of the counties. Moneys allocated by the department to a
county for emergency medical services purposes may be used for
equipment or training and education as determined by the board
of supervisors pursuant to section 422D.6.
DIVISION IX
FUNDING FOR JUVENILE DETENTION HOME FUND
Sec. 50. Section 232.142, subsection 6, Code 2020, is
-38-amended to read as follows:
6. A juvenile detention home fund is created in the state
treasury under the authority of the department. The fund shall
consist of moneys deposited in the fund pursuant to sections
321.218A and 321A.32A section 602.8108. The moneys in the fund
shall be used for the costs of the establishment, improvement,
operation, and maintenance of county or multicounty juvenile
detention homes in accordance with annual appropriations made
by the general assembly from the fund for these purposes.
Sec. 51. Section 321.210B, subsection 7, Code 2020, is
amended to read as follows:
7. a. A civil penalty assessed pursuant to section
321.218A, 321A.32A, or321J.17 shall be added to the amount
owing under the installment agreement.
b. The clerk of the district court shall transmit to the
department, from the first moneys collected, an amount equal to
the amount of any civil penalty assessed pursuant to section
321.218A or 321A.32A and added to the installment agreement.
The department shall transmit the money received from the
clerk of the district court pursuant to this paragraph to the
treasurer of state for deposit in the juvenile detention home
fund created in section 232.142.
c. b. The clerk of the district court shall transmit to the
department, from the first moneys collected, an amount equal to
the amount of any civil penalty assessed pursuant to section
321J.17 and added to the installment agreement. The department
shall transmit the money received from the clerk of the
district court pursuant to this paragraph to the treasurer of
state who shall deposit one-half of the money in the separate
fund established in section 915.94 and one-half of the money in
the general fund of the state.
Sec. 52. Section 321M.9, subsection 1, Code 2020, is amended
to read as follows:
1. Fees to counties. Notwithstanding any other provision
in the Code to the contrary, the county treasurer of a county
-39-authorized to issue driver’s licenses under this chapter shall
retain for deposit in the county general fund seven dollars of
fees received for each issuance or renewal of driver’s licenses
and nonoperator’s identification cards, but shall not retain
any moneys for the issuance of any persons with disabilities
identification devices. The five dollar processing fee charged
by a county treasurer for collection of a civil penalty under
section 321.218A, 321A.32A, or321J.17 shall be retained for
deposit in the county general fund. The county treasurer
shall remit the balance of fees and all civil penalties to the
department.
Sec. 53. Section 331.557A, subsection 4, Code 2020, is
amended to read as follows:
4. Accept payment of the civil penalties penalty assessed
pursuant to sections 321.218A, 321A.32A, and section321J.17
and remit the penalties penalty to the state department of
transportation.
Sec. 54. REPEAL. Sections 321.218A and 321A.32A, Code 2020,
are repealed.
DIVISION X
NONRESIDENT STATE PARK USER FEE PILOT PROGRAM
Sec. 55. Section 455A.14A, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. The department shall charge an entrance fee of five
dollars per vehicle for a if the vehicle is operated by a
nonresident of the state, which the nonresident operator shall
pay.
Sec. 56. Section 455A.14B, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. The department shall charge an entrance fee of five
dollars per vehicle for a if the vehicle is operated by a
nonresident of the state, which the nonresident operator shall
pay.
Sec. 57. Section 805.8C, Code 2020, is amended by adding the
following new subsection:
-40- NEW SUBSECTION. 13. State park user fee violations. For
failure to pay the entrance fee by a nonresident operator of a
vehicle under section 455A.14A, subsection 1, paragraph “a”,
or under section 455A.14B, subsection 1, paragraph “a”, the
scheduled fine is fifteen dollars.
DIVISION XI
IOWA EMERGENCY FOOD PURCHASE PROGRAM FUND
Sec. 58. NEW SECTION. 190B.201 Iowa emergency food purchase
program fund.
1. An Iowa emergency food purchase program fund is
established in the state treasury and shall be administered
by the department of agriculture and land stewardship. The
fund shall consist of moneys appropriated to the fund pursuant
to section 602.8108, subsection 13, and any other moneys
appropriated to the fund.
2. The purpose of the fund is to relieve situations of
emergency experienced by families or individuals who reside in
this state, including low-income families and individuals and
unemployed families and individuals, by distributing food to
those persons, and the department may contract with an Iowa
food bank association to manage the program.
3. The Iowa food bank association managing the program
shall distribute food under the program to emergency feeding
organizations in this state. The Iowa food bank association
shall report to the department as required by the department.
4. “Iowa food bank association” means a private nonprofit
entity that meets all of the following requirements:
a. The association is organized under chapter 504.
b. The association qualifies under section 501(c)(3) of the
Internal Revenue Code as an organization exempt from federal
income tax under section 501(a) of the Internal Revenue Code.
c. The association’s members include food banks, or
affiliations of food banks, that together serve all counties
in this state.
d. The association’s principal office is located in this
-41-state.
5. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until two years
following the last day of the fiscal year in which the funds
were originally appropriated.
DIVISION XII
Civil Claims for reimbursement
Sec. 59. Section 331.659, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
A Except for a civil claim for reimbursement under section
356.7, a sheriff or a deputy sheriff shall not:
Sec. 60. Section 356.7, subsection 2, paragraph i, Code
2020, is amended by striking the paragraph.
Sec. 61. Section 356.7, subsection 4, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. A claim for reimbursement shall be filed in a separate
civil action rather than as a claim in the underlying criminal
case.
Sec. 62. Section 602.8102, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 105C. Apply payments made to a civil claim
for reimbursement judgment under section 356.7 to court debt,
as defined in section 602.8107, in the priority order set out
in section 602.8107, subsection 2, if the debtor has delinquent
court debt.
Sec. 63. Section 602.8105, subsection 1, Code 2020, is
amended by adding the following new paragraph:
NEW PARAGRAPH. k. For a civil claim for reimbursement under
section 356.7, zero dollars.
Sec. 64. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
-42-DIVISION XIII
Restitution
Sec. 65. Section 602.8107, subsection 1, paragraph a, Code
2020, is amended by striking the paragraph and inserting in
lieu thereof the following:
a. “Court debt” means all restitution, fees, and forfeited
bail.
Sec. 66. Section 602.8107, subsection 2, paragraphs b and c,
Code 2020, are amended to read as follows:
b. (1) If Except as provided in subparagraph (2), if a case
number is not identified, the clerk shall apply the payment to
the balance owed in the criminal case with the oldest judgment
against the person.
(2) The clerk shall apply payments to pecuniary damages
in other criminal cases when no case number is identified in
priority order from the oldest judgment to the most recent
judgment before applying payments to any other court debt.
c. Payments received under this section shall be applied in
the following priority order:
(1) Pecuniary damages as defined in section 910.1,
subsection 3.
(2) Fines or penalties and criminal penalty and law
enforcement initiative surcharges.
(3) Crime victim compensation program reimbursement.
(4) Court costs, including correctional fees assessed
pursuant to sections 356.7 and 904.108, court-appointed
attorney fees, or public defender expenses.
Sec. 67. Section 602.8107, subsection 4, paragraph a, Code
2020, is amended to read as follows:
a. This subsection does not apply to amounts collected for
victim restitution involving pecuniary damages, the victim
compensation fund, the criminal penalty surcharge, sex offender
civil penalty, drug abuse resistance education surcharge,
the law enforcement initiative surcharge, county enforcement
surcharge, or amounts collected as a result of procedures
-43-initiated under subsection 5 or under section 8A.504, or fees
charged pursuant to section 356.7.
Sec. 68. Section 909.3, subsection 1, Code 2020, is amended
to read as follows:
1. All Unless a plan of payment has been issued pursuant to
chapter 910, fines imposed by the court shall be paid on the
day the fine is imposed, and the person shall be instructed to
pay such fines with the office of the clerk of the district
court on the date of imposition.
Sec. 69. Section 910.1, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 01. “Category “A” restitution” means fines,
penalties, and surcharges.
NEW SUBSECTION. 001. “Category “B” restitution” means
the contribution of funds to a local anticrime organization
which provided assistance to law enforcement in an offender’s
case, the payment of crime victim compensation program
reimbursements, payment of restitution to public agencies
pursuant to section 321J.2, subsection 13, paragraph “b”,
court costs, court-appointed attorney fees ordered pursuant to
section 815.9, including the expense of a public defender, and
payment to the medical assistance program pursuant to chapter
249A for expenditures paid on behalf of the victim resulting
from the offender’s criminal activities including investigative
costs incurred by the Medicaid fraud control unit pursuant to
section 249A.50.
NEW SUBSECTION. 1A. “Financial affidavit” means a signed
affidavit under penalty of perjury that provides financial
information about the offender to enable the sentencing court
or the department of corrections to make a determination
regarding the ability of the offender to pay category “B”
restitution. “Financial affidavit” includes the offender’s
income, physical and mental health, age, education, employment,
inheritance, other debts, other amounts of restitution owed,
family circumstances, and any assets subject to execution,
-44-including but not limited to cash, accounts at financial
institutions, stocks, bonds, and any other property which may
be applied to the satisfaction of judgments.
NEW SUBSECTION. 3A. “Permanent restitution order” means an
enforceable restitution order entered either at the time of
sentencing or at a later date determined by the court.
NEW SUBSECTION. 3B. “Plan of payment” or “restitution plan
of payment” means a plan for paying restitution wherein the
defendant is ordered to pay a certain amount of money each
month to repay outstanding restitution.
NEW SUBSECTION. 3C. “Plan of restitution” means a permanent
restitution order, restitution plan of payment, any other
court order relating to restitution, or any combination of the
foregoing.
Sec. 70. Section 910.1, subsection 4, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. “Restitution” means pecuniary damages, category “A”
restitution, and category “B” restitution.
Sec. 71. Section 910.2, Code 2020, is amended by striking
the section and inserting in lieu thereof the following:
910.2 Restitution or community service ordered by sentencing
court.
1. a. In all criminal cases in which there is a plea of
guilty, verdict of guilty, or special verdict upon which a
judgment of conviction is rendered, the sentencing court shall
order that pecuniary damages be paid by each offender to the
victims of the offender’s criminal activities, and that all
other restitution be paid to the clerk of court subject to the
following:
(1) Pecuniary damages and category “A” restitution shall be
ordered without regard to an offender’s reasonable ability to
make payments.
(2) Category “B” restitution shall be ordered subject to
an offender’s reasonable ability to make payments pursuant to
-45-section 910.2A.
b. Pecuniary damages shall be paid to victims in full before
category “A” and category “B” restitution are paid.
c. In structuring a plan of restitution, the plan of payment
shall provide for payments in the following order of priority:
(1) Pecuniary damages to the victim.
(2) Category “A” restitution.
(3) Category “B” restitution in the following order:
(a) Crime victim compensation program reimbursement.
(b) Public agencies.
(c) Court costs.
(d) Court-appointed attorney fees ordered pursuant to
section 815.9, including the expense of a public defender.
(e) Contribution to a local anticrime organization.
(f) The medical assistance program.
2. a. When the offender is not reasonably able to pay
all or a part of category “B” restitution, the court may
require the offender in lieu of that portion of category “B”
restitution for which the offender is not reasonably able to
pay, to perform a needed public service for a governmental
agency or for a private nonprofit agency which provides a
service to the youth, elderly, or poor of the community.
b. When community service is ordered, the court shall set
a specific number of hours of service to be performed by the
offender. When calculating the amount of community service to
be performed in lieu of payment of court-appointed attorney
fees, the court shall determine the approximate equivalent
value of the expenses of the public defender. The judicial
district department of correctional services shall provide for
the assignment of the offender to a public agency or private
nonprofit agency to perform the required service.
Sec. 72. NEW SECTION. 910.2A Reasonable ability to pay —
category “B” restitution payments.
1. An offender is presumed to have the reasonable ability
to make restitution payments for the full amount of category
-46-“B” restitution.
2. If an offender requests that the court determine the
amount of category “B” restitution payments the offender is
reasonably able to make toward paying the full amount of such
restitution, the court shall hold a hearing and make such a
determination, subject to the following provisions:
a. To obtain relief at such a hearing, the offender must
affirmatively prove by a preponderance of the evidence that the
offender is unable to reasonably make payments toward the full
amount of category “B” restitution.
b. The offender must furnish the prosecuting attorney and
sentencing court with a completed financial affidavit. Failure
to furnish a completed financial affidavit waives any claim
regarding the offender’s reasonable ability to pay.
c. The prosecuting attorney, the attorney for the defendant,
and the court shall be permitted to question the offender
regarding the offender’s reasonable ability to pay.
d. Based on the evidence offered at the hearing, including
but not limited to the financial affidavit, the court shall
determine the amount of category “B” restitution the offender
is reasonably able to make payments toward, and order the
offender to make payments toward that amount.
3. a. If an offender does not make a request as provided in
subsection 2 at the time of sentencing or within thirty days
after the court issues a permanent restitution order, the court
shall order the offender to pay the full amount of category “B”
restitution.
b. An offender’s failure to request a determination
pursuant to this section waives all future claims regarding
the offender’s reasonable ability to pay, except as provided
by section 910.7.
4. If an offender requests that the court make a
determination pursuant to subsection 2, the offender’s
financial affidavit shall be filed of record in all criminal
cases for which the offender owes restitution and the affidavit
-47-shall be accessible by a prosecuting attorney or attorney for
the offender without court order or appearance.
5. A court that makes a determination under this section is
presumed to have properly exercised its discretion. A court is
not required to state its reasons for making a determination.
Sec. 73. NEW SECTION. 910.2B Conversion of existing
restitution orders.
1. All of the following, if entered by a district court
prior to the effective date of this Act, shall be converted to
permanent restitution orders:
a. A temporary restitution order.
b. A supplemental restitution order.
c. A restitution order that does not contain a determination
of the defendant’s reasonable ability to pay the restitution
ordered.
2. The only means by which a defendant may challenge the
conversion of a restitution order is through the filing of a
petition pursuant to section 910.7.
3. The provisions of this chapter, including but not limited
to the procedures in section 910.2A, shall apply to a challenge
to the conversion of an existing restitution order in the
district court and on appeal.
4. A challenge to the conversion of an existing restitution
order to a permanent restitution order shall be filed in the
district court no later than one year from the effective date
of this Act.
Sec. 74. Section 910.3, Code 2020, is amended to read as
follows:
910.3 Determination of amount of restitution.
1. The county prosecuting attorney shall prepare a
statement of pecuniary damages to victims of the defendant
and, if applicable, any award by the crime victim compensation
program and expenses incurred by public agencies pursuant to
section 321J.2, subsection 13, paragraph “b”, and shall provide
the statement to the presentence investigator or submit the
-48-statement to the court at the time of sentencing.
2. The clerk of court shall prepare a statement of
court-appointed attorney fees ordered pursuant to section
815.9, including the expense of a public defender, and court
costs including correctional fees claimed by a sheriff or
municipality pursuant to section 356.7, which shall be provided
to the presentence investigator or submitted to the court at
the time of sentencing.
3. If these the statements in subsection 1 or 2 are provided
to the presentence investigator, they shall become a part of
the presentence report.
4. If pecuniary damage amounts are not available or are
incomplete at the time of sentencing, the county prosecuting
attorney shall provide a statement of pecuniary damages
incurred up to that time to the clerk of court.
5. The statement of pecuniary damages shall ordinarily be
provided no later than thirty days after sentencing. However,
a prosecuting attorney may file a statement of pecuniary
damages within a reasonable time after the prosecuting attorney
is notified by a victim of any pecuniary damages incurred.
6. If a defendant believes no person suffered pecuniary
damages, the defendant shall so state.
7. If the defendant has any mental or physical impairment
which would limit or prohibit the performance of a public
service, the defendant shall so state. The court may order a
mental or physical examination, or both, of the defendant to
determine a proper course of action. At the time of sentencing
or at a later date to be determined by the court, the
8. Thecourt shall set out the enter a permanent restitution
order setting out the amount of restitution including the
amount of public service to be performed as restitution and
the persons to whom restitution must be paid. A permanent
restitution order entered at the time of sentencing is part of
the final judgment of sentence as defined in section 814.6 and
shall be considered in a properly perfected appeal.
-49- 9. If the full amount of restitution cannot be determined
at the time of sentencing, the court shall issue a temporary
permanent restitution order determining a reasonable amount
for setting forth the amount of restitution identified up to
that time. At a later date as determined by the court, the
court shall issue a permanent, supplemental order, setting the
full amount of restitution. The court shall enter further
supplemental orders, if necessary. These court orders shall be
known as the plan of restitution.
10. A permanent restitution order may be superseded by
subsequent orders if additional or different restitution is
ordered. A permanent restitution order entered after the time
of sentencing shall only be challenged pursuant to section
910.7.
Sec. 75. Section 910.4, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2020, are amended to read as
follows:
(1) If the court extends the period of probation, the period
of probation shall not be for more than the maximum period of
probation for the offense committed except for an extension of
a period of probation as authorized in section 907.7. After
discharge from probation or after the expiration of the period
of probation, as extended if applicable, the failure of an
offender to comply with the plan of restitution ordered by the
court shall constitute contempt of court.
(2) If an offender’s probation is revoked, the offender’s
assigned probation officer shall forward to the director of
the Iowa department of corrections, all known information
concerning the offender’s restitution plan, restitution plan of
payment, the restitution payment balance obligations, including
but not limited to the plan of restitution, and any other
pertinent information concerning or affecting restitution by
the offender.
Sec. 76. Section 910.4, subsections 2 and 3, Code 2020, are
amended to read as follows:
-50- 2. When the offender is committed to a county jail, or to
an alternate facility, the office or individual charged with
supervision of the offender shall prepare a restitution plan
of payment taking into consideration the offender’s income,
physical and mental health, age, education, employment and
family circumstances and shall submit the plan to the court.
a. The office or individual charged with supervision of the
offender shall review the plan of restitution ordered by the
court, and shall submit a restitution plan of payment to the
sentencing court.
b. a. When community service is ordered by the court as
restitution, the restitution plan of payment shall set out a
plan to meet the requirement for the community service.
c. The court may approve or modify the plan of restitution
and restitution plan of payment.
d. b. When there is a significant change in the offender’s
income or circumstances, the office or individual which has
supervision of the restitution plan of payment shall submit a
modified restitution plan of payment to the court.
3. a. When there is a transfer of supervision from one
office or individual charged with supervision of the offender
to another, the sending office or individual shall forward to
the receiving office or individual all necessary information
regarding the balance owed against the original amount of
restitution ordered and the balance of public service required.
b. When If there has been a significant change in the
offender’s circumstances and or income have significantly
changed, the receiving office or individual shall submit a
new restitution plan of payment to the sentencing court for
approval or modification based on the considerations enumerated
in this section.
Sec. 77. Section 910.4, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. Notwithstanding any other provision
in this chapter, the plan of payment shall be based on all
-51-information pertinent to the offender’s reasonable ability to
pay. The first monthly payment under such a plan shall be made
within thirty days of the approval of the plan.
Sec. 78. Section 910.6, Code 2020, is amended to read as
follows:
910.6 Payment plan — copy to victims.
An office or individual preparing a restitution plan of
payment or modified restitution plan of payment, when it is
approved by the court if approval is required under section
910.4, or when the plan is completed if court approval
under section 910.4 is not required, shall forward a copy to
the clerk of court in the county in which the offender was
sentenced. The clerk of court shall forward a copy of the
restitution plan of payment or modified plan of payment to the
victim or victims.
Sec. 79. Section 910.7, subsections 1 and 3, Code 2020, are
amended to read as follows:
1. At any time during the period of probation, parole, or
incarceration, the offender, the prosecuting attorney, or the
office or individual who prepared the offender’s restitution
plan may petition the court on any matter related to the plan
of restitution or restitution plan of payment and the court
shall grant a hearing if on the face of the petition it appears
that a hearing is warranted.
3. If a petition related to a plan of restitution has been
filed, the offender, the county prosecuting attorney, the
department of corrections if the offender is currently confined
in a correctional institution, the office or individual who
prepared the offender’s restitution plan, and the victim shall
receive notice prior to any hearing under this section.
Sec. 80. Section 910.7, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 4. An appellate court shall not review
or modify an offender’s plan of restitution, restitution
plan of payment, or any other issue related to an offender’s
-52-restitution under this subsection, unless the offender has
exhausted the offender’s remedies under this section and
obtained a ruling from the district court prior to the issue
being raised in the appellate courts.
NEW SUBSECTION. 5. Appellate review of a district court
ruling under this section shall be by writ of certiorari.
Sec. 81. Section 910.9, subsection 3, Code 2020, is amended
to read as follows:
3. Fines, penalties, and surcharges, crime victim
compensation program reimbursement, public agency restitution,
court costs including correctional fees claimed by a sheriff
or municipality pursuant to section 356.7, and court-appointed
attorney fees ordered pursuant to section 815.9, including the
expenses for public defenders, Category “A” restitution and
category “B” restitution shall not be withheld by the clerk of
court until all pecuniary damages to victims have been paid in
full. Payments to victims shall be made by the clerk of court
at least quarterly. Payments by a clerk of court shall be made
no later than the last business day of the quarter, but may be
made more often at the discretion of the clerk of court. The
clerk of court receiving final payment from an offender shall
notify all victims that full restitution has been made. Each
office or individual charged with supervising an offender who
is required to perform community service as full or partial
restitution shall keep records to assure compliance with the
portions of the plan of restitution and restitution plan of
payment relating to community service and, when the offender
has complied fully with the community service requirement,
notify the sentencing court.
Sec. 82. FINANCIAL AFFIDAVIT — SUPREME COURT RULES. The
supreme court shall adopt rules prescribing the form and
content of the financial affidavit.
Sec. 83. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XIV
-53-COLLECTION OF COURT DEBT
Sec. 84. Section 321.40, subsection 10, Code 2020, is
amended to read as follows:
10. a. The clerk of the district court shall notify the
county treasurer of any delinquent court debt, as defined in
section 602.8107, which is being collected by the private
collection designee department of revenue pursuant to section
602.8107, subsection 3, or the county attorney pursuant to
section 602.8107, subsection 4. The county treasurer shall
refuse to renew the vehicle registration of the applicant upon
such notification from the clerk of the district court in
regard to such applicant.
b. If the applicant enters into or renews an installment
agreement as defined in section 602.8107, that is satisfactory
to the private collection designee department of revenue, the
county attorney, or the county attorney’s designee, the private
collection designee department of revenue, county attorney, or
a county attorney’s designee shall provide the county treasurer
with written or electronic notice of the installment agreement
within five days of entering into the installment agreement.
The county treasurer shall temporarily lift the registration
hold on an applicant for a period of ten days if the treasurer
receives such notice in order to allow the applicant to
register a vehicle for the year. If the applicant remains in
compliance with the installment agreement entered into with
the private collection designee department of revenue or the
county attorney or the county attorney’s designee, subsequent
lifts of registration holds shall be granted without additional
restrictions.
Sec. 85. Section 321.210A, subsection 2, Code 2020, is
amended to read as follows:
2. If after suspension, the person enters into an
installment agreement with the county attorney, the county
attorney’s designee, or the private collection designee
department of revenue in accordance with section 321.210B to
-54-pay the fine, penalty, court cost, or surcharge, the person’s
license shall be reinstated by the department upon receipt of a
report of an executed installment agreement.
Sec. 86. Section 321.210B, subsections 1, 3, 8, 9, 11, and
13, Code 2020, are amended to read as follows:
1. a. If a person’s fine, penalty, surcharge, or court
cost is deemed delinquent as provided in section 602.8107,
subsection 2, and the person’s driver’s license has been
suspended pursuant to section 321.210A, or the clerk of the
district court has reported the delinquency to the department
as required by section 321.210A, the person may execute an
installment agreement as defined in section 602.8107 with
the county attorney, the county attorney’s designee, or the
private collection designee under contract with the judicial
branch pursuant to section 602.8107, subsection 5 department
of revenue, to pay the delinquent amount and the civil penalty
assessed in subsection 7 in installments. Prior to execution
of the installment agreement, the person shall provide the
county attorney, the county attorney’s designee, or the private
collection designee department of revenue with a financial
statement in order for the parties to the agreement to
determine the amount of the installment payments.
b. Cases involving court debt assigned to a county attorney,
a county attorney’s designee, or the private collection
designee department of revenue shall remain so assigned.
3. The county attorney, the county attorney’s designee, or
the private collection designee department of revenue shall
file or give notice of the installment agreement with the clerk
of the district court in the county where the fine, penalty,
surcharge, or court cost was imposed, within five days of
execution of the agreement.
8. a. Except as provided in paragraph “b”, upon
determination by the county attorney, the county attorney’s
designee, or the private collection designee department of
revenue that the person is in default, the county attorney, the
-55-county attorney’s designee, or the private collection designee
department of revenue shall notify the clerk of the district
court.
b. (1) If the person is in default and the person
provides a new financial statement within fifteen days of
the determination made pursuant to paragraph “a” indicating
that the person’s financial condition has changed to such an
extent that lower installment payments would have been required
prior to the execution of the initial installment agreement
under subsection 1, the county attorney, the county attorney’s
designee, or the private collection designee department of
revenue shall not notify the clerk of the district court,
and the person shall not be considered in default. The new
installment payments shall be based upon the new financial
statement filed in compliance with this subparagraph.
(2) A person making new installment payments after
complying with the provisions of subparagraph (1) shall not be
considered executing a new installment agreement for purposes
of calculating the number of installment agreements a person
may execute in a person’s lifetime under subsection 12.
9. The clerk of the district court, upon receipt of a
notification of a default from the county attorney, the
county attorney’s designee, or the private collection designee
department of revenue, shall report the default to the
department of transportation.
11. If a new fine, penalty, surcharge, or court cost
is imposed on a person after the person has executed an
installment agreement with the county attorney, the county
attorney’s designee, or the private collection designee
department of revenue, and the new fine, penalty, surcharge,
or court cost is deemed delinquent as provided in section
602.8107, subsection 2, and the person’s driver’s license
has been suspended pursuant to section 321.210A, the person
may enter into a second installment agreement with the
county attorney, county attorney’s designee, or the private
-56-collection designee department of revenue to pay the delinquent
amount and the civil penalty, if assessed, in subsection 7 in
installments.
13. Except for a civil penalty assessed and collected
pursuant to subsection 7, any amount collected under the
installment agreement by the county attorney or the county
attorney’s designee shall be distributed as provided in section
602.8107, subsection 4, and any amount collected by the private
collection designee department of revenue shall be deposited
with the clerk of the district court for distribution under
section 602.8108.
Sec. 87. Section 602.8107, subsection 3, Code 2020, is
amended to read as follows:
3. Collection by private collection designee under contract
with the judicial branch department of revenue.
a. (1) Thirty days after court debt has been assessed
and full payment has not been received, or if an installment
payment is not received within thirty days after the date it
is due, the judicial branch shall assign a case to the private
collection designee under contract with the judicial branch
pursuant to subsection 5 to collect debts owed to the clerk of
the district court department of revenue, unless the case has
been assigned to the county attorney under paragraph “c”.
(2) The department of revenue may impose a fee established
by rule to reflect the cost of processing which shall be added
to the debt owed to the clerk of the district court.
b. In addition, court debt which is being collected under
an installment agreement pursuant to section 321.210B which is
in default that remains delinquent shall remain assigned to
the private collection designee department of revenue if the
installment agreement was executed with the private collection
designee department of revenue; or to the county attorney
or county attorney’s designee if the installment agreement
was executed with the county attorney or county attorney’s
designee.
-57- c. Thirty days after court debt has been assessed and full
payment has not been received, or if an installment payment is
not received within thirty days after the date it is due, and
if a county attorney has filed with the clerk of the district
court a notice of full commitment to collect delinquent court
debt pursuant to subsection 4, the case shall be assigned
to the county attorney as provided in subsection 4. The
judicial branch shall assign cases with delinquent court debt
to a county attorney in the same format and with the same
frequency as cases with delinquent court debt are assigned to
the private collection designee department of revenue under
paragraph “a”, and a county attorney shall not be required
to file an individual notice of full commitment to collect
delinquent court debt for each assigned case. If the county
attorney or the county attorney’s designee, while collecting
delinquent court debt pursuant to subsection 4, determines that
a person owes additional court debt for which a case has not
been assigned by the judicial branch, the county attorney or
the county attorney’s designee shall notify the clerk of the
district court of the appropriate case numbers and the judicial
branch shall assign these cases to the county attorney for
collection if the additional court debt is delinquent.
Sec. 88. Section 602.8107, subsection 4, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
The county attorney or the county attorney’s designee may
collect court debt after the court debt is deemed delinquent
pursuant to subsection 2. In order to receive a percentage of
the amounts collected pursuant to this subsection, the county
attorney must first file with the clerk of the district court
on or before July 1 of the first year the county attorney
collects court debt under this subsection, a notice of full
commitment to collect delinquent court debt, and a memorandum
of understanding with the state court administrator for all
cases assigned to the county for collection by the court.
The notice shall contain a list of procedures which will be
-58-initiated by the county attorney. For a county attorney
filing a notice of full commitment for the first time, the
cases involving delinquent court debt previously assigned to
the private collection designee department of revenue shall
remain assigned to the private collection designee department
of revenue. Cases involving delinquent court debt assigned
to the county attorney after the filing of a notice of full
commitment by the county attorney shall remain assigned to the
county attorney. A county attorney who chooses to discontinue
collection of delinquent court debt shall file with the clerk
of the district court on or before May 15 a notice of the intent
to cease collection of delinquent court debt at the start of
the next fiscal year. If a county attorney ceases collection
efforts, or if the state court administrator deems that a
county attorney collections program has become ineligible to
collect as specified in paragraph “f”, all cases involving
delinquent court debt assigned to the county attorney shall
be transferred on July 1 to the private collection designee
department of revenue for collection, except that debt
associated with any existing installment agreement shall remain
assigned to the county for collection unless an installment
payment becomes delinquent, after which the delinquent debt
associated with the installment agreement shall be transferred
promptly to the private collection designee department of
revenue for collection.
Sec. 89. Section 602.8107, subsection 4, paragraph f, Code
2020, is amended to read as follows:
f. Beginning July 1, 2017, within two years of beginning
to collect delinquent court debt, a county attorney shall be
required to collect one hundred percent of the applicable
threshold amount specified in paragraph “c”. If a county
attorney collects more than eighty percent but less than one
hundred percent of the applicable threshold amount, the state
court administrator shall provide notice to the county attorney
specifying that in order to remain eligible to participate in
-59-the county attorney collection program, the county attorney
must collect at least one hundred twenty-five percent of the
applicable threshold amount by the end of the next fiscal year.
If a county attorney who has been given such a notice fails
to collect one hundred twenty-five percent of the applicable
threshold amount, the state court administrator shall provide
notice to the county attorney that the county is ineligible to
participate in the county attorney collection program for the
next two fiscal years and all existing and future court cases
with delinquent court debt shall be assigned to the private
collection designee department of revenue. The provisions of
this paragraph apply to all counties, including those counties
where delinquent court debt is collected pursuant to a chapter
28E agreement with one or more counties.
Sec. 90. Section 602.8107, subsection 5, Code 2020, is
amended by striking the subsection.
Sec. 91. Section 602.8107, subsection 7, Code 2020, is
amended to read as follows:
7. Reports. The judicial branch shall prepare a report
aging the court debt. The report shall include the amounts
collected by the private collection designee, the distribution
of these amounts, and the amount of the fee collected by the
private collection designee. In addition, the report shall
include the amounts written off pursuant to subsection 6. The
judicial branch shall provide the report to the co-chairpersons
and ranking members of the joint appropriations subcommittee on
the justice system, the legislative services agency, and the
department of management by December 15 of each year.
Sec. 92. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2021.
DIVISION XV
EFFECTIVE DATE
Sec. 93. EFFECTIVE DATE. Unless otherwise provided, this
Act takes effect July 15, 2020.
-60-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 457, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorasf/jh/mb