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Senate File 367 - EnrolledAn Actrelating to certain financial obligations, including
under the consumer credit code, and including under the
criminal and juvenile justice system by modifying criminal
and civil surcharges, fines, fees, costs, and court debt,
providing civil penalties, and including effective date and
retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 537.1301, subsection 12, Code 2021, is
amended to read as follows:
12. “Consumer credit transaction” means a consumer credit
sale or consumer loan, or a refinancing or consolidation
thereof, or a consumer lease, or a consumer rental purchase
agreement. “Consumer credit transaction” does not include
goods, services, or any other benefits provided by or on behalf
of the state or a state agency.
Sec. 2. Section 602.8105, subsection 2, paragraph h, Code
2021, is amended to read as follows:
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 June 25, 2020, a civil penalty of two
hundred sixty dollars.
Sec. 3. Section 602.8107, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. “Court debt” means all restitution as defined in section
910.1, fees, and forfeited bail, and other debt paid to or
collected by the clerk of the district court.
Sec. 4. Section 602.8107, subsection 3, Code 2021, is
amended to read as follows:
3. Collection by 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 department
of revenue, unless the case has been assigned to the county
attorney under paragraph “c” “d”.
(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. (1) 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
-1-assigned to the department of revenue if the installment
agreement was executed with the 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 The department of revenue shall
receive fifteen percent of each court debt payment collected on
cases assigned to the department of revenue for collection to
reflect the cost of processing and the remaining eighty-five
percent of such court debt collected shall be paid to the
clerk of the district court for distribution under section
602.8108. The department of revenue collection fee shall not
include the amount of court debt collected for restitution
involving pecuniary damages, the victim compensation fund, the
crime services surcharge, the domestic and sexual abuse crimes
surcharge, the agricultural surcharge, the sex offender civil
penalty.
(2) Payments made by a person under subparagraph (1)
between January 1, 2021, and January 1, 2022, including any
portion of the payment applied to the department of revenue’s
processing fee, shall be reapplied as if no department of
revenue processing fee had been added to the amount owed. The
department of revenue shall be allocated a portion of such
payments pursuant to subparagraph (1). If a payment made by a
person owing court debt between January 1, 2021, and January
1, 2022, reduces the person’s total amount of court debt owed
to zero, the clerk of the district court shall issue a refund
to the person in the amount attributable to the processing fee
added to the court debt. This subparagraph is repealed on
January 1, 2023.
c. The centralized debt collection facilities of the
department of revenue established pursuant to section 421.17,
subsection 27, shall collect court debt assigned to the
department of revenue pursuant to this section.
c. d. Thirty days after court debt has been assessed
and full payment has not been received, or if an installment
-2-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 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. 5. Section 602.8107, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. This subsection does not apply to amounts collected
for restitution involving pecuniary damages, the victim
compensation fund, the crime services surcharge, sex offender
civil penalty, the domestic and sexual abuse crimes surcharge,
the agricultural theft surcharge, or amounts collected as a
result of procedures initiated under subsection 5 the sex
offender civil penalty, or under section 8A.504.
Sec. 6. Section 602.8107, subsection 5, Code 2021, is
amended by striking the subsection and inserting in lieu
thereof the following:
5. Uncollectible debt.
a. Court debt that has been assigned to the department of
revenue for collection pursuant to subsection 3 may be charged
-3-off from active collection by the director of the department of
revenue if either of the following conditions exist:
(1) The person owing the court debt is deceased and there
are no assets in the person’s estate or there are no assets
available for the payment of court debt under section 633.425.
(2) The person owing the court debt cannot be located
after diligent inquiry and the director of the department of
revenue determines the department will not be able to locate
the person.
b. Court debt for any of the following shall not be charged
off until sixty-five years from the date of imposition:
(1) Pecuniary damages.
(2) Victim compensation.
(3) A criminal penalty surcharge.
(4) A sex offender civil penalty.
(5) A drug abuse resistance education surcharge.
(6) A law enforcement initiative surcharge.
(7) A county enforcement surcharge.
(8) Fees charged pursuant to section 356.7.
(9) A crime services surcharge.
(10) A domestic and sexual abuse crimes surcharge.
(11) An agricultural theft surcharge.
c. Debt that is charged off shall remain due and owing, but
the judicial branch shall close the corresponding case file for
the purposes of collection pursuant to this section.
Sec. 7. Section 692A.110, subsection 2, Code 2021, is
amended to read as follows:
2. In addition to any other penalty, at the time of
conviction for a public offense committed on or after July 1,
1995, which requires a sex offender to register under this
chapter, the offender shall be assessed a civil penalty of two
hundred dollars, to be payable to the clerk of the district
court as provided in section 602.8105 and distributed as
provided in section 602.8108. With respect to a conviction
for a public offense committed on or after July 1, 2009, which
-4-requires a sex offender to register under this chapter, the
offender shall be assessed a civil penalty of two hundred fifty
dollars, payable to the clerk of the district court as provided
in section 602.8105 and distributed as provided in section
602.8108.
Sec. 8. Section 910.3, subsection 8, Code 2021, is amended
to read as follows:
8. The court shall 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. An appellate
court shall not review or modify any issue related to a
defendant’s ability to pay unless the defendant has exhausted
the defendant’s remedies under section 910.7 and obtained a
ruling from the district court prior to the issue being raised
in the appellate court.
Sec. 9. Section 911.2B, Code 2021, is amended to read as
follows:
911.2B Domestic abuse assault, domestic abuse protective
order contempt, and sexual abuse, stalking, and human trafficking
crimes surcharge.
1. In addition to any other surcharge, the court shall
assess a domestic abuse assault, domestic abuse protective
order contempt, sexual abuse, stalking, and human trafficking
victim domestic and sexual abuse crimes surcharge of 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.
-5- 3. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 6.
Sec. 10. RESCISSION OF ADMINISTRATIVE RULES.
1. Contingent upon the enactment of the section of this Act
amending section 602.8107, subsection 3, the following Iowa
administrative rule is rescinded January 1, 2022:
701 Iowa administrative code, rule 155.1.
2. As soon as practicable, the Iowa administrative code
editor shall remove the language of the Iowa administrative
rules referenced in subsection 1 of this section from the Iowa
administrative code.
Sec. 11. EFFECTIVE DATE.
1. The section of this Act amending section 602.8107,
subsection 3, takes effect January 1, 2022.
2. The section of this Act amending section 602.8105,
section 2, paragraph “h”, being deemed of immediate importance,
takes effect upon enactment.
Sec. 12. RETROACTIVE APPLICABILITY. The following applies
retroactively to July 15, 2020:
The section of this Act amending section 602.8105,
subsection 2, paragraph “h”.
-6-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 367, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/rh/mb/mb
under the consumer credit code, and including under the
criminal and juvenile justice system by modifying criminal
and civil surcharges, fines, fees, costs, and court debt,
providing civil penalties, and including effective date and
retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 537.1301, subsection 12, Code 2021, is
amended to read as follows:
12. “Consumer credit transaction” means a consumer credit
sale or consumer loan, or a refinancing or consolidation
thereof, or a consumer lease, or a consumer rental purchase
agreement. “Consumer credit transaction” does not include
goods, services, or any other benefits provided by or on behalf
of the state or a state agency.
Sec. 2. Section 602.8105, subsection 2, paragraph h, Code
2021, is amended to read as follows:
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 June 25, 2020, a civil penalty of two
hundred sixty dollars.
Sec. 3. Section 602.8107, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. “Court debt” means all restitution as defined in section
910.1, fees, and forfeited bail, and other debt paid to or
collected by the clerk of the district court.
Sec. 4. Section 602.8107, subsection 3, Code 2021, is
amended to read as follows:
3. Collection by 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 department
of revenue, unless the case has been assigned to the county
attorney under paragraph “c” “d”.
(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. (1) 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
-1-assigned to the department of revenue if the installment
agreement was executed with the 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 The department of revenue shall
receive fifteen percent of each court debt payment collected on
cases assigned to the department of revenue for collection to
reflect the cost of processing and the remaining eighty-five
percent of such court debt collected shall be paid to the
clerk of the district court for distribution under section
602.8108. The department of revenue collection fee shall not
include the amount of court debt collected for restitution
involving pecuniary damages, the victim compensation fund, the
crime services surcharge, the domestic and sexual abuse crimes
surcharge, the agricultural surcharge, the sex offender civil
penalty.
(2) Payments made by a person under subparagraph (1)
between January 1, 2021, and January 1, 2022, including any
portion of the payment applied to the department of revenue’s
processing fee, shall be reapplied as if no department of
revenue processing fee had been added to the amount owed. The
department of revenue shall be allocated a portion of such
payments pursuant to subparagraph (1). If a payment made by a
person owing court debt between January 1, 2021, and January
1, 2022, reduces the person’s total amount of court debt owed
to zero, the clerk of the district court shall issue a refund
to the person in the amount attributable to the processing fee
added to the court debt. This subparagraph is repealed on
January 1, 2023.
c. The centralized debt collection facilities of the
department of revenue established pursuant to section 421.17,
subsection 27, shall collect court debt assigned to the
department of revenue pursuant to this section.
c. d. Thirty days after court debt has been assessed
and full payment has not been received, or if an installment
-2-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 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. 5. Section 602.8107, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. This subsection does not apply to amounts collected
for restitution involving pecuniary damages, the victim
compensation fund, the crime services surcharge, sex offender
civil penalty, the domestic and sexual abuse crimes surcharge,
the agricultural theft surcharge, or amounts collected as a
result of procedures initiated under subsection 5 the sex
offender civil penalty, or under section 8A.504.
Sec. 6. Section 602.8107, subsection 5, Code 2021, is
amended by striking the subsection and inserting in lieu
thereof the following:
5. Uncollectible debt.
a. Court debt that has been assigned to the department of
revenue for collection pursuant to subsection 3 may be charged
-3-off from active collection by the director of the department of
revenue if either of the following conditions exist:
(1) The person owing the court debt is deceased and there
are no assets in the person’s estate or there are no assets
available for the payment of court debt under section 633.425.
(2) The person owing the court debt cannot be located
after diligent inquiry and the director of the department of
revenue determines the department will not be able to locate
the person.
b. Court debt for any of the following shall not be charged
off until sixty-five years from the date of imposition:
(1) Pecuniary damages.
(2) Victim compensation.
(3) A criminal penalty surcharge.
(4) A sex offender civil penalty.
(5) A drug abuse resistance education surcharge.
(6) A law enforcement initiative surcharge.
(7) A county enforcement surcharge.
(8) Fees charged pursuant to section 356.7.
(9) A crime services surcharge.
(10) A domestic and sexual abuse crimes surcharge.
(11) An agricultural theft surcharge.
c. Debt that is charged off shall remain due and owing, but
the judicial branch shall close the corresponding case file for
the purposes of collection pursuant to this section.
Sec. 7. Section 692A.110, subsection 2, Code 2021, is
amended to read as follows:
2. In addition to any other penalty, at the time of
conviction for a public offense committed on or after July 1,
1995, which requires a sex offender to register under this
chapter, the offender shall be assessed a civil penalty of two
hundred dollars, to be payable to the clerk of the district
court as provided in section 602.8105 and distributed as
provided in section 602.8108. With respect to a conviction
for a public offense committed on or after July 1, 2009, which
-4-requires a sex offender to register under this chapter, the
offender shall be assessed a civil penalty of two hundred fifty
dollars, payable to the clerk of the district court as provided
in section 602.8105 and distributed as provided in section
602.8108.
Sec. 8. Section 910.3, subsection 8, Code 2021, is amended
to read as follows:
8. The court shall 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. An appellate
court shall not review or modify any issue related to a
defendant’s ability to pay unless the defendant has exhausted
the defendant’s remedies under section 910.7 and obtained a
ruling from the district court prior to the issue being raised
in the appellate court.
Sec. 9. Section 911.2B, Code 2021, is amended to read as
follows:
911.2B Domestic abuse assault, domestic abuse protective
order contempt, and sexual abuse, stalking, and human trafficking
crimes surcharge.
1. In addition to any other surcharge, the court shall
assess a domestic abuse assault, domestic abuse protective
order contempt, sexual abuse, stalking, and human trafficking
victim domestic and sexual abuse crimes surcharge of 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.
-5- 3. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 6.
Sec. 10. RESCISSION OF ADMINISTRATIVE RULES.
1. Contingent upon the enactment of the section of this Act
amending section 602.8107, subsection 3, the following Iowa
administrative rule is rescinded January 1, 2022:
701 Iowa administrative code, rule 155.1.
2. As soon as practicable, the Iowa administrative code
editor shall remove the language of the Iowa administrative
rules referenced in subsection 1 of this section from the Iowa
administrative code.
Sec. 11. EFFECTIVE DATE.
1. The section of this Act amending section 602.8107,
subsection 3, takes effect January 1, 2022.
2. The section of this Act amending section 602.8105,
section 2, paragraph “h”, being deemed of immediate importance,
takes effect upon enactment.
Sec. 12. RETROACTIVE APPLICABILITY. The following applies
retroactively to July 15, 2020:
The section of this Act amending section 602.8105,
subsection 2, paragraph “h”.
-6-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 367, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/rh/mb/mb