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Senate File 367 - IntroducedA Bill ForAn Act 1relating to certain financial obligations, including
2under the consumer credit code, and including under the
3criminal and juvenile justice system by modifying criminal
4and civil surcharges, fines, fees, costs, and court debt,
5providing civil penalties, and including effective date and
6retroactive applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 537.1301, subsection 12, Code 2021, is
2amended to read as follows:
312. “Consumer credit transaction” means a consumer credit
4sale or consumer loan, or a refinancing or consolidation
5thereof, or a consumer lease, or a consumer rental purchase
6agreement. “Consumer credit transaction” does not include
7goods, services, or any other benefits provided by or on behalf
8of the state or a state agency.
9 Sec. 2. Section 602.8105, subsection 2, paragraph h, Code
102021, is amended to read as follows:
11h. For applicable convictions under section 692A.110 prior
12to July 1, 2009, a civil penalty of two hundred ten dollars,
13and for applicable convictions under section 692A.110 on or
14after July 1, 2009 June 25, 2020, a civil penalty of two
15hundred sixty dollars.
16 Sec. 3. Section 602.8107, subsection 1, paragraph a, Code
172021, is amended to read as follows:
18a. “Court debt” means all restitution as defined in section
19910.1, fees, and forfeited bail, and other debt paid to or
20collected by the clerk of the district court.
21 Sec. 4. Section 602.8107, subsection 3, Code 2021, is
22amended to read as follows:
233. Collection by department of revenue.
24a. (1) Thirty days after court debt has been assessed
25and full payment has not been received, or if an installment
26payment is not received within thirty days after the date it is
27due, the judicial branch shall assign a case to the department
28of revenue, unless the case has been assigned to the county
29attorney under paragraph “c” “d”.
30(2) The department of revenue may impose a fee established
31by rule to reflect the cost of processing which shall be added
32to the debt owed to the clerk of the district court.
33b. (1) In addition, court debt which is being collected
34under an installment agreement pursuant to section 321.210B
35 which is in default that remains delinquent shall remain
-1-1assigned to the department of revenue if the installment
2agreement was executed with the department of revenue; or
3to the county attorney or county attorney’s designee if the
4installment agreement was executed with the county attorney
5or county attorney’s designee The department of revenue shall
6receive fifteen percent of all court debt payments collected on
7cases assigned to the department of revenue for collection to
8reflect the cost of processing, with the remainder of the court
9debt to be collected by the clerk of the district court for
10distribution in accordance with applicable law. The department
11of revenue shall not receive payment pursuant to this paragraph
12from any court debt collected that is payable to a crime victim
13as pecuniary damages until after the clerk of the district
14court has received the entirety of the court debt payable to
15the crime victim as pecuniary damages.
16(2) Payments made by a person under subparagraph (1) between
17January 1, 2021, and the effective date of this Act which added
18the department of revenue processing fee to the debt owed to
19the clerk of the district court pursuant to section 602.8107,
20subsection 3, paragraph “a”, subparagraph (2), Code 2021,
21shall be calculated as if the payment had been made pursuant
22to subparagraph (1) and the department’s fee in subparagraph
23(1) shall be applied to such a payment. The department of
24revenue processing fee added to the debt shall be deducted from
25the amount of court debt owed to the clerk of the district
26court. If a payment made by a person owing court debt between
27January 1, 2021, and the effective date of this Act reduces
28the total amount of court debt owed to zero, the department
29of revenue shall issue a refund to the person in the amount
30attributable to the processing fee added to the court debt.
31This subparagraph is repealed on January 1, 2023.
32c. The centralized debt collection facilities of the
33department of revenue established pursuant to section 421.17,
34subsection 27, shall collect court debt assigned to the
35department of revenue pursuant to this section.
-2- 1c. d. Thirty days after court debt has been assessed
2and full payment has not been received, or if an installment
3payment is not received within thirty days after the date it
4is due, and if a county attorney has filed with the clerk
5of the district court a notice of full commitment to collect
6delinquent court debt pursuant to subsection 4, the case shall
7be assigned to the county attorney as provided in subsection 4.
8The judicial branch shall assign cases with delinquent court
9debt to a county attorney in the same format and with the same
10frequency as cases with delinquent court debt are assigned to
11the department of revenue under paragraph “a”, and a county
12attorney shall not be required to file an individual notice
13of full commitment to collect delinquent court debt for each
14assigned case. If the county attorney or the county attorney’s
15designee, while collecting delinquent court debt pursuant to
16subsection 4, determines that a person owes additional court
17debt for which a case has not been assigned by the judicial
18branch, the county attorney or the county attorney’s designee
19shall notify the clerk of the district court of the appropriate
20case numbers and the judicial branch shall assign these cases
21to the county attorney for collection if the additional court
22debt is delinquent.
23 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code
242021, is amended to read as follows:
25a. This subsection does not apply to amounts collected
26for restitution involving pecuniary damages, the victim
27compensation fund, the crime services surcharge, sex offender
28civil penalty the human trafficking victim surcharge, the
29domestic and sexual abuse crimes surcharge, the agricultural
30theft surcharge, or amounts collected as a result of procedures
31initiated under subsection 5 the sex offender civil penalty,
32 or under section 8A.504.
33 Sec. 6. Section 602.8107, subsection 5, Code 2021, is
34amended by striking the subsection and inserting in lieu
35thereof the following:
-3- 15. Uncollectible debt.
2a. Court debt that has been assigned to the department of
3revenue for collection pursuant to subsection 3 may be charged
4off from active collection by the director of the department of
5revenue if either of the following conditions exist:
6(1) The person owing the court debt is deceased and there
7are no assets in the person’s estate or there are no assets
8available for the payment of court debt under section 633.425.
9(2) The person owing the court debt cannot be located
10after diligent inquiry and the director of the department of
11revenue determines the department will not be able to locate
12the person.
13b. Court debt for any of the following shall not be charged
14off until sixty-five years from the date of imposition:
15(1) Victim restitution.
16(2) Victim compensation.
17(3) A criminal penalty surcharge.
18(4) A sex offender civil penalty.
19(5) A drug abuse resistance education surcharge.
20(6) A law enforcement initiative surcharge.
21(7) A county enforcement surcharge.
22(8) Fees charged pursuant to section 356.7.
23c. Debt that is charged off shall remain due and owing, but
24the judicial branch shall close the corresponding case file for
25the purposes of collection pursuant to this section.
26 Sec. 7. Section 692A.110, subsection 2, Code 2021, is
27amended to read as follows:
282. In addition to any other penalty, at the time of
29conviction for a public offense committed on or after July 1,
301995, which requires a sex offender to register under this
31chapter, the offender shall be assessed a civil penalty of two
32hundred dollars, to be payable to the clerk of the district
33court as provided in section 602.8105 and distributed as
34provided in section 602.8108. With respect to a conviction
35for a public offense committed on or after July 1, 2009, which
-4-1requires a sex offender to register under this chapter, the
2offender shall be assessed a civil penalty of two hundred fifty
3dollars, payable to the clerk of the district court as provided
4in section 602.8105 and distributed as provided in section
5602.8108.
6 Sec. 8. Section 910.3, subsection 8, Code 2021, is amended
7to read as follows:
88. The court shall enter a permanent restitution order
9setting out the amount of restitution including the amount of
10public service to be performed as restitution and the persons
11to whom restitution must be paid. A permanent restitution
12order entered at the time of sentencing is part of the final
13judgment of sentence as defined in section 814.6 and shall
14be considered in a properly perfected appeal. An appellate
15court shall not review or modify any issue related to a
16defendant’s ability to pay unless the defendant has exhausted
17the defendant’s remedies under section 910.7 and obtained a
18ruling from the district court prior to the issue being raised
19in the appellate court.
20 Sec. 9. Section 911.2B, Code 2021, is amended to read as
21follows:
22911.2B Domestic abuse assault, domestic abuse protective
23order contempt, and sexual abuse, stalking, and human trafficking
24 crimes surcharge.
251. In addition to any other surcharge, the court shall
26assess a domestic abuse assault, domestic abuse protective
27order contempt, sexual abuse, stalking, and human trafficking
28victim domestic and sexual abuse crimes surcharge of ninety
29dollars if an adjudication of guilt or a deferred judgment has
30been entered for a violation of section 708.2A, 708.11, or
31710A.2, or chapter 709, or if a defendant is held in contempt
32of court for violating a domestic abuse protective order issued
33pursuant to chapter 236.
342. In the event of multiple offenses, the surcharge shall be
35imposed for each applicable offense.
-5- 13. The surcharge shall be remitted by the clerk of court as
2provided in section 602.8108, subsection 6.
3 Sec. 10. RESCISSION OF ADMINISTRATIVE RULES. Contingent
4on the passage of the section of this Act amending section
5602.8107, subsection 3, paragraph “a”, the following
6administrative rule is rescinded:
7Iowa administrative code rule 701—155.1(602).
8 Sec. 11. EFFECTIVE DATE. The following, being deemed of
9immediate importance, take effect upon enactment:
101. The section of this Act amending section 602.8105,
11section 2, paragraph “h”.
122. The section of this Act amending section 602.8107,
13subsection 3.
14 Sec. 12. RETROACTIVE APPLICABILITY. The following applies
15retroactively to January 1, 2021, for collected delinquent
16court debt:
17The section of this Act amending section 602.8107,
18subsection 3.
19 Sec. 13. RETROACTIVE APPLICABILITY. The following applies
20retroactively to June 25, 2020:
21The section of this Act amending section 602.8105,
22subsection 2, paragraph “h”.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to certain financial obligations,
27including under the consumer credit code, and including under
28the criminal and juvenile justice system by modifying criminal
29and civil surcharges, fines, fees, costs, and court debt.
30The bill provides that a “consumer credit transaction” does
31not include goods, services, or any other benefits provided by
32or on behalf of the state or a state agency for purposes of the
33consumer credit code under Code chapter 537.
34The bill provides that the clerk of the district court
35shall collect, for applicable convictions that occur under
-6-1Code section 692A.110 (registration fees and civil penalty for
2sex offenders) on or after June 25, 2020, a civil penalty of
3$260. The bill makes a conforming Code change to Code section
4692A.110(2).
5The bill amends the definition of “court debt” to mean all
6restitution as defined in Code section 910.1, fees, forfeited
7bail, and other debt paid to or collected by the clerk of
8the district court. “Restitution” means pecuniary damages,
9category “A” restitution, and category “B” restitution.
10The bill provides that the department of revenue shall
11receive 15 percent of all court debt payments collected on
12cases assigned to the department of revenue for collection
13to reflect the cost of processing, with the remainder of the
14court debt to be collected by the clerk of the district court
15for distribution in accordance with applicable law. The
16department of revenue shall not receive payment from any court
17debt collected that is payable to a crime victim as pecuniary
18damages until after the clerk of the district court has
19received the entirety of the court debt payable to the crime
20victim as pecuniary damages. Payments made by a person between
21January 1, 2021, and the effective date of the bill shall be
22calculated as if the payment had been made pursuant to Code
23section 602.8107(3)(a)(2), Code 2021, and the department’s fee
24shall be applied to such a payment. The department of revenue
25fee added to the court debt shall be deducted from the amount
26of court debt owed to the clerk of the district court. If a
27payment made by a person owing court debt between January 1,
282021, and the effective date of the bill reduces the total
29amount of court debt owed to zero, the department of revenue
30shall issue a refund to the person in the amount attributable
31to the processing fee added to the court debt. Code section
32602.8107(3)(b)(2) is repealed on January 1, 2023.
33Current law allows the county attorney or the county
34attorney’s designee to collect a percentage of court debt
35collected after the court debt is deemed delinquent, but not
-7-1for amounts collected for restitution involving pecuniary
2damages, the victim compensation fund, the crime services
3surcharge, the sex offender civil penalty, the agricultural
4theft surcharge, or amounts collected as a result of written
5off or setoff debt. The bill amends debts for which the county
6attorney is not entitled to include in the amounts collected
7for the domestic and sexual abuse crimes surcharge.
8The bill provides that court debt that has been assigned
9to the department of revenue for collection may be charged
10off from active collection by the director of the department
11of revenue if the person owing the court debt is deceased
12and there are no assets in the person’s estate or there are
13no assets available for the payment of court debt under Code
14section 633.425 or the person owing the court debt cannot be
15found after diligent inquiry and the director of the department
16of revenue determines the department will not be able to locate
17the person owing the court debt.
18Court debt for any of the following shall not be charged
19off until 65 years after the date of imposition: victim
20restitution, the victim compensation fund, a criminal
21penalty surcharge, a sex offender civil penalty, a drug abuse
22resistance education surcharge, a law enforcement initiative
23surcharge, a county enforcement surcharge, or fees charged
24pursuant to Code section 356.7. Charged off debts shall
25remain due and owing, but the judicial branch shall close the
26corresponding case file for the purposes of uncollectable debt
27pursuant to the bill.
28The county attorney or the county attorney’s designee may
29collect court debt after the court debt is deemed delinquent;
30however, the provision does not apply to amounts collected
31for restitution involving pecuniary damages, the victim
32compensation fund, the crime victim surcharge, the human
33trafficking victim surcharge, the domestic and sexual abuse
34crimes surcharge, the agricultural theft surcharge, the sex
35offender civil penalty, or under Code section 8A.504 (setoff
-8-1procedures).
2The bill provides that an appellate court shall not review or
3modify any issue related to the defendant’s ability to pay a
4permanent restitution order entered at the time of sentencing
5unless the defendant has exhausted the defendant’s remedies
6under Code section 910.7 and obtained a ruling from the
7district court prior to the issue being raised in the appellate
8court.
9The bill changes the headnote for Code section 911.2B to
10domestic and sexual abuse crimes surcharge.
11The bill provisionally rescinds the Iowa administrative
12code rule concerning a fee for the collection of court debt.
13The rule provides that a fee of 15 percent of the amount of
14each court debt is imposed on each court debt that has been
15assigned to the department of revenue for collection under Code
16section 602.8107(3). The bill provides that the department of
17revenue shall receive 15 percent of all court debt payments
18collected on cases assigned to the department of revenue for
19collection to reflect the cost of processing, which makes the
20rule unnecessary.
21The bill provides that the sections of the bill amending Code
22sections 602.8105(2)(h) (relating to civil penalties for sex
23offenders) and 602.8107(3) (relating to the collection of court
24debt by the department of revenue) take effect upon enactment.
25The section of the bill amending Code section 602.8105(2)(h)
26applies retroactively to June 25, 2020, and the section of the
27bill amending Code section 602.8107(3) applies retroactively
28to January 1, 2021.
-9-as/rh
2under the consumer credit code, and including under the
3criminal and juvenile justice system by modifying criminal
4and civil surcharges, fines, fees, costs, and court debt,
5providing civil penalties, and including effective date and
6retroactive applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 537.1301, subsection 12, Code 2021, is
2amended to read as follows:
312. “Consumer credit transaction” means a consumer credit
4sale or consumer loan, or a refinancing or consolidation
5thereof, or a consumer lease, or a consumer rental purchase
6agreement. “Consumer credit transaction” does not include
7goods, services, or any other benefits provided by or on behalf
8of the state or a state agency.
9 Sec. 2. Section 602.8105, subsection 2, paragraph h, Code
102021, is amended to read as follows:
11h. For applicable convictions under section 692A.110 prior
12to July 1, 2009, a civil penalty of two hundred ten dollars,
13and for applicable convictions under section 692A.110 on or
14after July 1, 2009 June 25, 2020, a civil penalty of two
15hundred sixty dollars.
16 Sec. 3. Section 602.8107, subsection 1, paragraph a, Code
172021, is amended to read as follows:
18a. “Court debt” means all restitution as defined in section
19910.1, fees, and forfeited bail, and other debt paid to or
20collected by the clerk of the district court.
21 Sec. 4. Section 602.8107, subsection 3, Code 2021, is
22amended to read as follows:
233. Collection by department of revenue.
24a. (1) Thirty days after court debt has been assessed
25and full payment has not been received, or if an installment
26payment is not received within thirty days after the date it is
27due, the judicial branch shall assign a case to the department
28of revenue, unless the case has been assigned to the county
29attorney under paragraph “c” “d”.
30(2) The department of revenue may impose a fee established
31by rule to reflect the cost of processing which shall be added
32to the debt owed to the clerk of the district court.
33b. (1) In addition, court debt which is being collected
34under an installment agreement pursuant to section 321.210B
35 which is in default that remains delinquent shall remain
-1-1assigned to the department of revenue if the installment
2agreement was executed with the department of revenue; or
3to the county attorney or county attorney’s designee if the
4installment agreement was executed with the county attorney
5or county attorney’s designee The department of revenue shall
6receive fifteen percent of all court debt payments collected on
7cases assigned to the department of revenue for collection to
8reflect the cost of processing, with the remainder of the court
9debt to be collected by the clerk of the district court for
10distribution in accordance with applicable law. The department
11of revenue shall not receive payment pursuant to this paragraph
12from any court debt collected that is payable to a crime victim
13as pecuniary damages until after the clerk of the district
14court has received the entirety of the court debt payable to
15the crime victim as pecuniary damages.
16(2) Payments made by a person under subparagraph (1) between
17January 1, 2021, and the effective date of this Act which added
18the department of revenue processing fee to the debt owed to
19the clerk of the district court pursuant to section 602.8107,
20subsection 3, paragraph “a”, subparagraph (2), Code 2021,
21shall be calculated as if the payment had been made pursuant
22to subparagraph (1) and the department’s fee in subparagraph
23(1) shall be applied to such a payment. The department of
24revenue processing fee added to the debt shall be deducted from
25the amount of court debt owed to the clerk of the district
26court. If a payment made by a person owing court debt between
27January 1, 2021, and the effective date of this Act reduces
28the total amount of court debt owed to zero, the department
29of revenue shall issue a refund to the person in the amount
30attributable to the processing fee added to the court debt.
31This subparagraph is repealed on January 1, 2023.
32c. The centralized debt collection facilities of the
33department of revenue established pursuant to section 421.17,
34subsection 27, shall collect court debt assigned to the
35department of revenue pursuant to this section.
-2- 1c. d. Thirty days after court debt has been assessed
2and full payment has not been received, or if an installment
3payment is not received within thirty days after the date it
4is due, and if a county attorney has filed with the clerk
5of the district court a notice of full commitment to collect
6delinquent court debt pursuant to subsection 4, the case shall
7be assigned to the county attorney as provided in subsection 4.
8The judicial branch shall assign cases with delinquent court
9debt to a county attorney in the same format and with the same
10frequency as cases with delinquent court debt are assigned to
11the department of revenue under paragraph “a”, and a county
12attorney shall not be required to file an individual notice
13of full commitment to collect delinquent court debt for each
14assigned case. If the county attorney or the county attorney’s
15designee, while collecting delinquent court debt pursuant to
16subsection 4, determines that a person owes additional court
17debt for which a case has not been assigned by the judicial
18branch, the county attorney or the county attorney’s designee
19shall notify the clerk of the district court of the appropriate
20case numbers and the judicial branch shall assign these cases
21to the county attorney for collection if the additional court
22debt is delinquent.
23 Sec. 5. Section 602.8107, subsection 4, paragraph a, Code
242021, is amended to read as follows:
25a. This subsection does not apply to amounts collected
26for restitution involving pecuniary damages, the victim
27compensation fund, the crime services surcharge, sex offender
28civil penalty the human trafficking victim surcharge, the
29domestic and sexual abuse crimes surcharge, the agricultural
30theft surcharge, or amounts collected as a result of procedures
31initiated under subsection 5 the sex offender civil penalty,
32 or under section 8A.504.
33 Sec. 6. Section 602.8107, subsection 5, Code 2021, is
34amended by striking the subsection and inserting in lieu
35thereof the following:
-3- 15. Uncollectible debt.
2a. Court debt that has been assigned to the department of
3revenue for collection pursuant to subsection 3 may be charged
4off from active collection by the director of the department of
5revenue if either of the following conditions exist:
6(1) The person owing the court debt is deceased and there
7are no assets in the person’s estate or there are no assets
8available for the payment of court debt under section 633.425.
9(2) The person owing the court debt cannot be located
10after diligent inquiry and the director of the department of
11revenue determines the department will not be able to locate
12the person.
13b. Court debt for any of the following shall not be charged
14off until sixty-five years from the date of imposition:
15(1) Victim restitution.
16(2) Victim compensation.
17(3) A criminal penalty surcharge.
18(4) A sex offender civil penalty.
19(5) A drug abuse resistance education surcharge.
20(6) A law enforcement initiative surcharge.
21(7) A county enforcement surcharge.
22(8) Fees charged pursuant to section 356.7.
23c. Debt that is charged off shall remain due and owing, but
24the judicial branch shall close the corresponding case file for
25the purposes of collection pursuant to this section.
26 Sec. 7. Section 692A.110, subsection 2, Code 2021, is
27amended to read as follows:
282. In addition to any other penalty, at the time of
29conviction for a public offense committed on or after July 1,
301995, which requires a sex offender to register under this
31chapter, the offender shall be assessed a civil penalty of two
32hundred dollars, to be payable to the clerk of the district
33court as provided in section 602.8105 and distributed as
34provided in section 602.8108. With respect to a conviction
35for a public offense committed on or after July 1, 2009, which
-4-1requires a sex offender to register under this chapter, the
2offender shall be assessed a civil penalty of two hundred fifty
3dollars, payable to the clerk of the district court as provided
4in section 602.8105 and distributed as provided in section
5602.8108.
6 Sec. 8. Section 910.3, subsection 8, Code 2021, is amended
7to read as follows:
88. The court shall enter a permanent restitution order
9setting out the amount of restitution including the amount of
10public service to be performed as restitution and the persons
11to whom restitution must be paid. A permanent restitution
12order entered at the time of sentencing is part of the final
13judgment of sentence as defined in section 814.6 and shall
14be considered in a properly perfected appeal. An appellate
15court shall not review or modify any issue related to a
16defendant’s ability to pay unless the defendant has exhausted
17the defendant’s remedies under section 910.7 and obtained a
18ruling from the district court prior to the issue being raised
19in the appellate court.
20 Sec. 9. Section 911.2B, Code 2021, is amended to read as
21follows:
22911.2B Domestic abuse assault, domestic abuse protective
23order contempt, and sexual abuse, stalking, and human trafficking
24 crimes surcharge.
251. In addition to any other surcharge, the court shall
26assess a domestic abuse assault, domestic abuse protective
27order contempt, sexual abuse, stalking, and human trafficking
28victim domestic and sexual abuse crimes surcharge of ninety
29dollars if an adjudication of guilt or a deferred judgment has
30been entered for a violation of section 708.2A, 708.11, or
31710A.2, or chapter 709, or if a defendant is held in contempt
32of court for violating a domestic abuse protective order issued
33pursuant to chapter 236.
342. In the event of multiple offenses, the surcharge shall be
35imposed for each applicable offense.
-5- 13. The surcharge shall be remitted by the clerk of court as
2provided in section 602.8108, subsection 6.
3 Sec. 10. RESCISSION OF ADMINISTRATIVE RULES. Contingent
4on the passage of the section of this Act amending section
5602.8107, subsection 3, paragraph “a”, the following
6administrative rule is rescinded:
7Iowa administrative code rule 701—155.1(602).
8 Sec. 11. EFFECTIVE DATE. The following, being deemed of
9immediate importance, take effect upon enactment:
101. The section of this Act amending section 602.8105,
11section 2, paragraph “h”.
122. The section of this Act amending section 602.8107,
13subsection 3.
14 Sec. 12. RETROACTIVE APPLICABILITY. The following applies
15retroactively to January 1, 2021, for collected delinquent
16court debt:
17The section of this Act amending section 602.8107,
18subsection 3.
19 Sec. 13. RETROACTIVE APPLICABILITY. The following applies
20retroactively to June 25, 2020:
21The section of this Act amending section 602.8105,
22subsection 2, paragraph “h”.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to certain financial obligations,
27including under the consumer credit code, and including under
28the criminal and juvenile justice system by modifying criminal
29and civil surcharges, fines, fees, costs, and court debt.
30The bill provides that a “consumer credit transaction” does
31not include goods, services, or any other benefits provided by
32or on behalf of the state or a state agency for purposes of the
33consumer credit code under Code chapter 537.
34The bill provides that the clerk of the district court
35shall collect, for applicable convictions that occur under
-6-1Code section 692A.110 (registration fees and civil penalty for
2sex offenders) on or after June 25, 2020, a civil penalty of
3$260. The bill makes a conforming Code change to Code section
4692A.110(2).
5The bill amends the definition of “court debt” to mean all
6restitution as defined in Code section 910.1, fees, forfeited
7bail, and other debt paid to or collected by the clerk of
8the district court. “Restitution” means pecuniary damages,
9category “A” restitution, and category “B” restitution.
10The bill provides that the department of revenue shall
11receive 15 percent of all court debt payments collected on
12cases assigned to the department of revenue for collection
13to reflect the cost of processing, with the remainder of the
14court debt to be collected by the clerk of the district court
15for distribution in accordance with applicable law. The
16department of revenue shall not receive payment from any court
17debt collected that is payable to a crime victim as pecuniary
18damages until after the clerk of the district court has
19received the entirety of the court debt payable to the crime
20victim as pecuniary damages. Payments made by a person between
21January 1, 2021, and the effective date of the bill shall be
22calculated as if the payment had been made pursuant to Code
23section 602.8107(3)(a)(2), Code 2021, and the department’s fee
24shall be applied to such a payment. The department of revenue
25fee added to the court debt shall be deducted from the amount
26of court debt owed to the clerk of the district court. If a
27payment made by a person owing court debt between January 1,
282021, and the effective date of the bill reduces the total
29amount of court debt owed to zero, the department of revenue
30shall issue a refund to the person in the amount attributable
31to the processing fee added to the court debt. Code section
32602.8107(3)(b)(2) is repealed on January 1, 2023.
33Current law allows the county attorney or the county
34attorney’s designee to collect a percentage of court debt
35collected after the court debt is deemed delinquent, but not
-7-1for amounts collected for restitution involving pecuniary
2damages, the victim compensation fund, the crime services
3surcharge, the sex offender civil penalty, the agricultural
4theft surcharge, or amounts collected as a result of written
5off or setoff debt. The bill amends debts for which the county
6attorney is not entitled to include in the amounts collected
7for the domestic and sexual abuse crimes surcharge.
8The bill provides that court debt that has been assigned
9to the department of revenue for collection may be charged
10off from active collection by the director of the department
11of revenue if the person owing the court debt is deceased
12and there are no assets in the person’s estate or there are
13no assets available for the payment of court debt under Code
14section 633.425 or the person owing the court debt cannot be
15found after diligent inquiry and the director of the department
16of revenue determines the department will not be able to locate
17the person owing the court debt.
18Court debt for any of the following shall not be charged
19off until 65 years after the date of imposition: victim
20restitution, the victim compensation fund, a criminal
21penalty surcharge, a sex offender civil penalty, a drug abuse
22resistance education surcharge, a law enforcement initiative
23surcharge, a county enforcement surcharge, or fees charged
24pursuant to Code section 356.7. Charged off debts shall
25remain due and owing, but the judicial branch shall close the
26corresponding case file for the purposes of uncollectable debt
27pursuant to the bill.
28The county attorney or the county attorney’s designee may
29collect court debt after the court debt is deemed delinquent;
30however, the provision does not apply to amounts collected
31for restitution involving pecuniary damages, the victim
32compensation fund, the crime victim surcharge, the human
33trafficking victim surcharge, the domestic and sexual abuse
34crimes surcharge, the agricultural theft surcharge, the sex
35offender civil penalty, or under Code section 8A.504 (setoff
-8-1procedures).
2The bill provides that an appellate court shall not review or
3modify any issue related to the defendant’s ability to pay a
4permanent restitution order entered at the time of sentencing
5unless the defendant has exhausted the defendant’s remedies
6under Code section 910.7 and obtained a ruling from the
7district court prior to the issue being raised in the appellate
8court.
9The bill changes the headnote for Code section 911.2B to
10domestic and sexual abuse crimes surcharge.
11The bill provisionally rescinds the Iowa administrative
12code rule concerning a fee for the collection of court debt.
13The rule provides that a fee of 15 percent of the amount of
14each court debt is imposed on each court debt that has been
15assigned to the department of revenue for collection under Code
16section 602.8107(3). The bill provides that the department of
17revenue shall receive 15 percent of all court debt payments
18collected on cases assigned to the department of revenue for
19collection to reflect the cost of processing, which makes the
20rule unnecessary.
21The bill provides that the sections of the bill amending Code
22sections 602.8105(2)(h) (relating to civil penalties for sex
23offenders) and 602.8107(3) (relating to the collection of court
24debt by the department of revenue) take effect upon enactment.
25The section of the bill amending Code section 602.8105(2)(h)
26applies retroactively to June 25, 2020, and the section of the
27bill amending Code section 602.8107(3) applies retroactively
28to January 1, 2021.
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