Senate File 367 - ReprintedA 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
35which 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 each court debt payment collected on
7cases assigned to the department of revenue for collection to
8reflect the cost of processing and the remaining eighty-five
9percent of such court debt collected shall be paid to the
10clerk of the district court for distribution under section
11602.8108. The department of revenue collection fee shall not
12include the amount of court debt collected for restitution
13involving pecuniary damages, the victim compensation fund, the
14crime services surcharge, the domestic and sexual abuse crimes
15surcharge, the agricultural surcharge, the sex offender civil
16penalty
.
   17(2)  Payments made by a person under subparagraph (1)
18between January 1, 2021, and August 1, 2021, including any
19portion of the payment applied to the department of revenue’s
20processing fee, shall be reapplied as if no department of
21revenue processing fee had been added to the amount owed. The
22department of revenue shall be allocated a portion of such
23payments pursuant to subparagraph (1). If a payment made by
24a person owing court debt between January 1, 2021, and August
251, 2021, reduces the person’s total amount of court debt owed
26to zero, the clerk of the district court shall issue a refund
27to the person in the amount attributable to the processing fee
28added to the court debt. This subparagraph is repealed on
29January 1, 2023.
   30c.  The centralized debt collection facilities of the
31department of revenue established pursuant to section 421.17,
32subsection 27, shall collect court debt assigned to the
33department of revenue pursuant to this section.
   34c.    d.  Thirty days after court debt has been assessed
35and full payment has not been received, or if an installment
-2-1payment is not received within thirty days after the date it
2is due, and if a county attorney has filed with the clerk
3of the district court a notice of full commitment to collect
4delinquent court debt pursuant to subsection 4, the case shall
5be assigned to the county attorney as provided in subsection 4.
6The judicial branch shall assign cases with delinquent court
7debt to a county attorney in the same format and with the same
8frequency as cases with delinquent court debt are assigned to
9the department of revenue under paragraph “a”, and a county
10attorney shall not be required to file an individual notice
11of full commitment to collect delinquent court debt for each
12assigned case. If the county attorney or the county attorney’s
13designee, while collecting delinquent court debt pursuant to
14subsection 4, determines that a person owes additional court
15debt for which a case has not been assigned by the judicial
16branch, the county attorney or the county attorney’s designee
17shall notify the clerk of the district court of the appropriate
18case numbers and the judicial branch shall assign these cases
19to the county attorney for collection if the additional court
20debt is delinquent.
21   Sec. 5.  Section 602.8107, subsection 4, paragraph a, Code
222021, is amended to read as follows:
   23a.  This subsection does not apply to amounts collected
24for restitution involving pecuniary damages, the victim
25compensation fund, the crime services surcharge, sex offender
26civil penalty,
 the domestic and sexual abuse crimes surcharge,
27the
agricultural theft surcharge, or amounts collected as a
28result of procedures initiated under subsection 5 
the sex
29offender civil penalty,
or under section 8A.504.
30   Sec. 6.  Section 602.8107, subsection 5, Code 2021, is
31amended by striking the subsection and inserting in lieu
32thereof the following:
   335.  Uncollectible debt.
   34a.  Court debt that has been assigned to the department of
35revenue for collection pursuant to subsection 3 may be charged
-3-1off from active collection by the director of the department of
2revenue if either of the following conditions exist:
   3(1)  The person owing the court debt is deceased and there
4are no assets in the person’s estate or there are no assets
5available for the payment of court debt under section 633.425.
   6(2)  The person owing the court debt cannot be located
7after diligent inquiry and the director of the department of
8revenue determines the department will not be able to locate
9the person.
   10b.  Court debt for any of the following shall not be charged
11off until sixty-five years from the date of imposition:
   12(1)  Pecuniary damages.
   13(2)  Victim compensation.
   14(3)  A criminal penalty surcharge.
   15(4)  A sex offender civil penalty.
   16(5)  A drug abuse resistance education surcharge.
   17(6)  A law enforcement initiative surcharge.
   18(7)  A county enforcement surcharge.
   19(8)  Fees charged pursuant to section 356.7.
   20(9)  A crime services surcharge.
   21(10)  A domestic and sexual abuse crimes surcharge.
   22(11)  An agricultural theft surcharge.
   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.
   41.  Contingent upon the enactment of the section of this Act
5amending section 602.8107, subsection 3, the following Iowa
6administrative rule is rescinded August 1, 2021:
   7701 Iowa administrative code, rule 155.1.
   82.  As soon as practicable, the Iowa administrative code
9editor shall remove the language of the Iowa administrative
10rules referenced in subsection 1 of this section from the Iowa
11administrative code.
12   Sec. 11.  EFFECTIVE DATE.
   131.  The section of this Act amending section 602.8107,
14subsection 3, takes effect August 1, 2021.
   152.  The section of this Act amending section 602.8105,
16section 2, paragraph “h”, being deemed of immediate importance,
17takes effect upon enactment.
18   Sec. 12.  RETROACTIVE APPLICABILITY.  The following applies
19retroactively to July 15, 2020:
   20The section of this Act amending section 602.8105,
21subsection 2, paragraph “h”.
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