Text: HSB95            Text: HSB97


House Study Bill 96

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing a criminalistics laboratory surcharge and 2 creating a criminalistics laboratory fund, making an 3 appropriation of surcharge moneys, and making related changes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1060DP 80 6 jm/sh/8 PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 602.8108, Code 2003, is amended by 1 3 adding the following new subsection: 1 4 NEW SUBSECTION. 7. A criminalistics laboratory fund is 1 5 created in the state treasury under the control of the 1 6 department of public safety. The fund shall consist of 1 7 appropriations made to the fund and transfers of interest, 1 8 earnings, and moneys required to be collected for deposit in 1 9 the fund, including moneys received from the criminalistics 1 10 laboratory surcharge provided in section 911.3. All moneys in 1 11 the fund are appropriated to the department of public safety 1 12 for use by the department in criminalistics laboratory 1 13 equipment purchasing, maintenance, depreciation, and training. 1 14 Any balance in the fund on June 30 of any fiscal year shall 1 15 not revert to any other fund of the state but shall remain 1 16 available for the purposes described in this subsection. 1 17 Sec. 2. Section 911.3, Code 2003, is amended by striking 1 18 the section and inserting in lieu thereof the following: 1 19 911.3 ADDITIONAL SURCHARGES. 1 20 1. In addition to the surcharge assessed in section 911.2, 1 21 the clerk of the district court shall assess the following 1 22 surcharges when applicable: 1 23 a. CRIMINALISTICS LABORATORY SURCHARGE. A surcharge equal 1 24 to two percent of any fine or forfeiture imposed for a 1 25 violation of any state law or city or county ordinance, except 1 26 an ordinance regulating the parking of motor vehicles. The 1 27 clerk shall remit all moneys received from the surcharge to 1 28 the treasurer of state for deposit in the criminalistics 1 29 laboratory fund as provided in section 602.8108, subsection 7. 1 30 b. DRUG ABUSE RESISTANCE EDUCATION SURCHARGE. A surcharge 1 31 in the amount of ten dollars if the violation arose out of a 1 32 violation of an offense provided for in chapter 321J or 1 33 chapter 124, division IV. The clerk shall remit all moneys 1 34 received from the surcharge to the treasurer of state for 1 35 deposit as provided in section 602.8108, subsection 3. 2 1 c. LAW ENFORCEMENT INITIATIVE SURCHARGE. A surcharge in 2 2 the amount of one hundred twenty=five dollars if an 2 3 adjudication of guilt or a deferred judgment has been entered 2 4 for a criminal violation under any of the following: 2 5 (1) Chapter 124, 155A, 453B, 713, 714, 715A, or 716. 2 6 (2) Section 719.8, 725.1, 725.2, or 725.3. 2 7 The clerk shall remit all moneys received from the 2 8 surcharge to the treasurer of state for deposit as provided in 2 9 section 602.8108, subsection 4. 2 10 2. The surcharges assessed in this section are subject to 2 11 the provisions of chapter 909 governing the payment and 2 12 collection of fines, as provided in section 909.8. 2 13 DIVISION II 2 14 Sec. 3. Section 331.302, subsection 2, Code 2003, is 2 15 amended to read as follows: 2 16 2. A county shall not provide a penalty in excess of a 2 17 five hundred dollar fine or in excess of thirty days 2 18 imprisonment for the violation of an ordinance. The criminal 2 19 penalty A surcharge required by section 911.2 or 911.3 shall 2 20 be added to a county fine and is not a part of the county's 2 21 penalty. 2 22 Sec. 4. Section 364.3, subsection 2, Code 2003, is amended 2 23 to read as follows: 2 24 2. A city shall not provide a penalty in excess of a five 2 25 hundred dollar fine or in excess of thirty days imprisonment 2 26 for the violation of an ordinance. An amount equal to ten 2 27 percent of all fines collected by cities shall be deposited in 2 28 the account established in section 602.8108. However, one 2 29 hundred percent of all fines collected by a city pursuant to 2 30 section 321.236, subsection 1, shall be retained by the city. 2 31 The criminal penalty A surcharge required by section 911.2 or 2 32 911.3 shall be added to a city fine and is not a part of the 2 33 city's penalty. 2 34 Sec. 5. Section 602.8102, subsection 135A, Code 2003, is 2 35 amended to read as follows: 3 1 135A. Assess the drug abuse resistance education surcharge 3 2 surcharges as provided by section 911.2 911.3. 3 3 Sec. 6. Section 602.8102, subsection 135B, Code 2003, is 3 4 amended by striking the subsection. 3 5 Sec. 7. Section 602.8107, subsection 4, unnumbered 3 6 paragraph 2, Code 2003, is amended to read as follows: 3 7 This subsection does not apply to amounts collected for 3 8 victim restitution, the victim compensation fund, criminal 3 9 penalty surcharge, law enforcement initiative surcharge a 3 10 surcharge collected pursuant to section 911.2 or 911.3, 3 11 amounts collected as a result of procedures initiated under 3 12 subsection 5 or under section 421.17, subsection 25, or 3 13 sheriff's room and board fees. 3 14 Sec. 8. Section 602.8108, subsection 2, Code 2003, is 3 15 amended to read as follows: 3 16 2. Except as otherwise provided, the clerk of the district 3 17 court shall report and submit to the state court 3 18 administrator, not later than the fifteenth day of each month, 3 19 the fines and fees received during the preceding calendar 3 20 month. Except as otherwise provided in subsections 4 and 5 3 21 this section, the state court administrator shall deposit the 3 22 amounts received with the treasurer of state for deposit in 3 23 the general fund of the state. The state court administrator 3 24 shall report to the legislative fiscal bureau within thirty 3 25 days of the beginning of each fiscal quarter the amount 3 26 received during the previous quarter in the account 3 27 established under this section. 3 28 Sec. 9. Section 602.8108, subsection 3, paragraph c, Code 3 29 2003, is amended to read as follows: 3 30 c. Notwithstanding provisions of this subsection to the 3 31 contrary, all moneys collected from the drug abuse resistance 3 32 education surcharge provided in section 911.2 911.3 shall be 3 33 remitted to the treasurer of state for deposit in the general 3 34 fund of the state and the amount deposited is appropriated to 3 35 the governor's office of drug control policy for use by the 4 1 drug abuse resistance education program and other programs 4 2 directed for a similar purpose. 4 3 Sec. 10. Section 805.8, subsection 1, Code 2003, is 4 4 amended to read as follows: 4 5 1. APPLICATION. Except as otherwise indicated, violations 4 6 of sections of the Code specified in sections 805.8A, 805.8B, 4 7 and 805.8C are scheduled violations, and the scheduled fine 4 8 for each of those violations is as provided in those sections, 4 9 whether the violation is of state law or of a county or city 4 10 ordinance. The criminal penalty A surcharge required by 4 11 section 911.2 or 911.3 shall be added to the scheduled fine. 4 12 Sec. 11. Section 805.8C, subsection 3, paragraph a, Code 4 13 2003, is amended to read as follows: 4 14 a. For violations of section 142B.6, the scheduled fine is 4 15 twenty=five dollars, and is a civil penalty, and the criminal 4 16 penalty a surcharge under section 911.2 or 911.3 shall not be 4 17 added to the penalty, and the court costs pursuant to section 4 18 805.9, subsection 6, shall not be imposed. If the civil 4 19 penalty assessed for a violation of section 142B.6 is not paid 4 20 in a timely manner, a citation shall be issued for the 4 21 violation in the manner provided in section 804.1. However, a 4 22 person under age eighteen shall not be detained in a secure 4 23 facility for failure to pay the civil penalty. The 4 24 complainant shall not be charged a filing fee. 4 25 Sec. 12. Section 805.8C, subsection 3, paragraph c, 4 26 unnumbered paragraph 1, Code 2003, is amended to read as 4 27 follows: 4 28 For violations of section 453A.2, subsection 2, the 4 29 scheduled fine is as follows and is a civil penalty, and the 4 30 criminal penalty a surcharge under section 911.2 or 911.3 4 31 shall not be added to the penalty, and the court costs 4 32 pursuant to section 805.9, subsection 6, shall not be imposed: 4 33 Sec. 13. Section 909.10, subsection 1, Code 2003, is 4 34 amended to read as follows: 4 35 1. As used in this section, unless the context otherwise 5 1 requires, "delinquent amounts" means a fine, court=imposed 5 2 court costs in a criminal proceeding, or criminal surcharge 5 3 imposed pursuant to section 911.2 or 911.3, which remains 5 4 unpaid after two years from the date that the fine, court 5 5 costs, or surcharge was imposed, and which is not collected by 5 6 the county attorney pursuant to section 602.8107. However, if 5 7 the fine may be paid in installments pursuant to section 5 8 909.3, the fine is not a delinquent amount unless the 5 9 installment remains unpaid after two years from the date the 5 10 installment was due. 5 11 Sec. 14. Section 911.2, unnumbered paragraph 1, Code 2003, 5 12 is amended to read as follows: 5 13 When a court imposes a fine or forfeiture for a violation 5 14 of a state law, or of a city or county ordinance except an 5 15 ordinance regulating the parking of motor vehicles, the court 5 16 shall assess an additional penalty in the form of a surcharge 5 17 equal to thirty percent of the fine or forfeiture imposed. An 5 18 additional drug abuse resistance education surcharge of ten 5 19 dollars shall be assessed by the clerk of the district court 5 20 if the violation arose out of a violation of an offense 5 21 provided for in chapter 321J or chapter 124, division IV. In 5 22 the event of multiple offenses, the surcharge shall be based 5 23 upon the total amount of fines or forfeitures imposed for all 5 24 offenses. When a fine or forfeiture is suspended in whole or 5 25 in part, the surcharge shall be reduced in proportion to the 5 26 amount suspended. 5 27 EXPLANATION 5 28 This bill establishes a criminalistics laboratory surcharge 5 29 and creates a criminalistics laboratory fund. 5 30 DIVISION I. The bill provides that a criminalistics 5 31 laboratory surcharge be assessed that is equal to 2 percent of 5 32 any fine or forfeiture imposed for a violation of any state 5 33 law or city or county ordinance, except a parking violation. 5 34 The bill provides that a criminalistics laboratory surcharge 5 35 be collected by the clerk of court and remitted to the 6 1 treasurer of state for deposit in the criminalistics 6 2 laboratory fund established in the state treasury. 6 3 The bill provides that the criminalistics laboratory fund 6 4 be under the control of the department of public safety and 6 5 that any moneys in the fund be appropriated to the department 6 6 for criminalistics laboratory equipment purchase, maintenance, 6 7 depreciation, and training. 6 8 DIVISION II. The bill combines the criminalistics 6 9 laboratory surcharge into one Code section with most of the 6 10 existing criminal surcharges in the Code, except the general 6 11 criminal penalty surcharge. This division of the bill amends 6 12 various Code sections to conform with combining the surcharges 6 13 into one Code section. 6 14 LSB 1060DP 80 6 15 jm/sh/8
Text: HSB95            Text: HSB97