General Assembly: 81 (2006 Regular GA) - Chapter 1166 - Court costs, fines, and indigent defense — amounts and allocations


Published: 2006-06-02

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469 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1166

CH. 1166CH. 1166

CHAPTER 1166

COURT COSTS, FINES, AND INDIGENT DEFENSE — AMOUNTS AND ALLOCATIONS

H.F. 2789

ANACT relating to assessing court costs andmodifying fines, providing for indigent defense, andmaking appropriations to the judicial branch, attorney general, department of correc- tions, and department of inspections and appeals.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321J.2, subsection 2, paragraph a, subparagraph (2), Code 2005, is amended to read as follows: (2) Assessment of a fine of one thousand two hundred fifty dollars. However, in the discre-

tion of the court, if no personal or property injury has resulted from the defendant’s actions, the court may waive up to five six hundred twenty-five dollars of the fine when the defendant presents to the court at the end of the minimum period of ineligibility, a temporary restricted license issued pursuant to section 321J.20. As an alternative to a portion or all of the fine, the court may order the person to perform unpaid community service.

Sec. 2. Section 321J.2, subsection 2, paragraph b, Code 2005, is amended to read as fol- lows: b. An aggravated misdemeanor for a second offense, and shall be imprisoned in the county

jail or community-based correctional facility not less than seven days, and assessed a fine of not less than one thousand five eight hundred seventy-five dollars normore than five six thou- sand two hundred fifty dollars.

Sec. 3. Section 321J.2, subsection 2, paragraph c, unnumbered paragraph 1, Code 2005, is amended to read as follows: A class “D” felony for a third offense and each subsequent offense, and shall be committed

to the custody of the director of the department of corrections for an indeterminate term not to exceed five years, shall be confined for amandatoryminimum term of thirty days, and shall be assessed a fine of not less than two three thousand five one hundred twenty-five dollars nor more than seven nine thousand five three hundred seventy-five dollars.

Sec. 4. Section 602.1304, subsection 2, paragraph b, Code Supplement 2005, is amended to read as follows: b. For each fiscal year, a judicial collection estimate for that fiscal year shall be equally and

proportionally divided into a quarterly amount. The judicial collection estimate shall be calcu- lated by using the state revenue estimating conference estimatemade by December 15 pursu- ant to section 8.22A, subsection 3, of the total amount of fines, fees, civil penalties, costs, sur- charges, and other revenues collected by judicial officers and court employees for deposit into the general fund of the state. The revenue estimating conference estimate shall be reduced by themaximumamounts allocated to the Iowa prison infrastructure fund pursuant to section 602.8108A, the court technology and modernization fund pursuant to section 602.8108, sub- section 7, the judicial branch pursuant to section 602.8108, subsection 8, the department of in- spections and appeals pursuant to section 602.8108, subsection 8A, the office of attorney gen- eral pursuant to section 602.8108, subsection 8B, the department of corrections pursuant to section 602.8108, subsection 8C, and the road use tax fund pursuant to section 602.8108, sub- section 9, and the remainder shall be the judicial collection estimate. In each quarter of a fiscal year, after revenues collected by judicial officers and court employees equal to that quarterly amount are deposited into the general fund of the state, after the required amount is deposited during the quarter into the Iowa prison infrastructure fund pursuant to section 602.8108A and

470LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1166

into the court technology andmodernization fund pursuant to section 602.8108, subsection 7, and after the required amount is allocated to the judicial branch pursuant to section 602.8108, subsection 8, and after the required amount is allocated to the department of inspections and appeals pursuant to section 602.8108, subsection 8A, the office of attorney general pursuant to section 602.8108, subsection 8B, and the department of corrections pursuant to section 602.8108, subsection 8C, the director of the department of administrative services shall depos- it the remaining revenues for that quarter into the enhanced court collections fund in lieu of the general fund. However, after total deposits into the collections fund for the fiscal year are equal to the maximum deposit amount established for the collections fund, remaining reve- nues for that fiscal year shall be deposited into the general fund. If the revenue estimating con- ference agrees to a different estimate at a latermeetingwhich projects a lesser amount of reve- nue than the initial estimate amount used to calculate the judicial collection estimate, the director of the department of administrative services shall recalculate the judicial collection estimate accordingly. If the revenue estimating conference agrees to a different estimate at a later meeting which projects a greater amount of revenue than the initial estimate amount used to calculate the judicial collection estimate, the director of the department of administra- tive services shall recalculate the judicial collection estimate accordingly but only to the extent that thegreater amount is due toan increase in the fines, fees, civil penalties, costs, surcharges, or other revenues allowed by law to be collected by judicial officers and court employees.

Sec. 5. Section 602.8106, subsection 1, paragraphs a, b, d, and e, Code Supplement 2005, are amended to read as follows: a. Except as otherwise provided in paragraphs “b” and “c”, for filing and docketing a crimi-

nal case to be paid by the county or city which has the duty to prosecute the criminal action, payable as provided in section 602.8109, thirty one hundred dollars. When judgment is ren- dered against the defendant, costs collected from the defendant shall be paid to the county or city which has the duty to prosecute the criminal action to the extent necessary for reimburse- ment for fees paid. However, the fees which are payable by the county to the clerk of the dis- trict court for services rendered in criminal actions prosecuted under state law and the court costs taxed in connectionwith the trial of those actions or appeals from the judgments in those actions are waived. b. For filing and docketing of a complaint or information for a simple misdemeanor and a

complaint or information for a nonscheduled simple misdemeanor under chapter 321, thirty fifty dollars. d. The court costs in scheduled violation cases where a court appearance is required, thirty

fifty dollars. e. For court costs in scheduled violation cases where a court appearance is not required,

thirty fifty dollars.

Sec. 6. Section 602.8108, subsection 2, Code Supplement 2005, is amended to read as fol- lows: 2. Except as otherwise provided, the clerk of the district court shall report and submit to the

state court administrator, not later than the fifteenth day of eachmonth, the fines and fees re- ceived during the preceding calendar month. Except as provided in subsections 3, 4, 5, 7, 8, 8A, 8B, 8C, and 9, the state court administrator shall deposit the amounts received with the treasurer of state for deposit in the general fund of the state. The state court administrator shall report to the legislative services agency within thirty days of the beginning of each fiscal quarter the amount received during the previous quarter in the account established under this section.

Sec. 7. Section 602.8108, subsection 8, Code Supplement 2005, is amended to read as fol- lows: 8. The state court administrator shall allocate to the judicial branch for the fiscal year begin-

ning July 1, 2005 2006, and for each fiscal year thereafter, seven fourteenmillion dollars of the

471 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1166

moneys received annually under subsection 2, to beused for salaries of supremecourt justices, appellate court judges, district court judges, district associate judges, judicial magistrates and staff, state court administrator, clerkof the supremecourt, district court administrators, clerks of the district court, juvenile court officers, board of law examiners and board of examiners of shorthand reporters and judicial qualifications commission, receipt and disbursement of child support payments, reimbursement of the auditor of state for expenses incurred in com- pleting audits of the offices of the clerks of the district court during the fiscal year, andmainte- nance, equipment, and miscellaneous purposes.

Sec. 8. Section 602.8108, Code Supplement 2005, is amended by adding the following new subsections: NEW SUBSECTION. 8A. The state court administrator shall allocate to the office of the

state public defender of the department of inspections and appeals for the fiscal year begin- ning July 1, 2006, and for each fiscal year thereafter, three million dollars of the moneys re- ceived annually under subsection 2, to be used for fees of court-appointed attorneys for indi- gent adults and juveniles, in accordance with section 232.141 and chapter 815. NEW SUBSECTION. 8B. The state court administrator shall allocate to the office of attor-

ney general for the fiscal year beginning July 1, 2006, and for each fiscal year thereafter, three hundred thousand dollars of the moneys received annually under subsection 2, to be used for legal services for persons in poverty grants as provided in section 13.34.1

NEW SUBSECTION. 8C. The state court administrator shall allocate to the department of corrections for the fiscal year beginning July 1, 2006, and for each fiscal year thereafter, five hundred sixty thousanddollars of themoneys receivedannually under subsection 2, to beused for offenders transferred to the department pursuant to section 229A.5, subsection 5.

Sec. 9. Section 815.7, Code 2005, is amended to read as follows: 815.7 FEES TO ATTORNEYS. An attorney who has not entered into a contract authorized under section 13B.4 and who is

appointed by the court to represent any person chargedwith a crime in this state, seekingpost- conviction relief, againstwhoma contempt action is pending, appealing a criminal conviction, appealing a denial of postconviction relief, or subject to a proceeding under section 811.1A or chapter 229A or 812, or to serve as counsel for any person or guardian ad litem for any child in juvenile court, pursuant to section 814.11 or 815.10 shall be entitled to reasonable compen- sation and expenses. For appointments made on or after July 1, 1999, through June 30, 2006, the reasonable compensation shall be calculated on the basis of sixty dollars per hour for class “A” felonies, fifty-five dollars per hour for class “B” felonies, and fifty dollars per hour for all other cases. For appointments made on or after July 1, 2006, the reasonable compensation shall be calculated on the basis of sixty-five dollars per hour for class “A” felonies, sixty dollars per hour for all other felonies, sixty dollars per hour for misdemeanors, and fifty-five dollars per hour for all other cases. The expenses shall include any sums as are necessary for inves- tigations in the interest of justice, and the cost of obtaining the transcript of the trial record and briefs if an appeal is filed. The attorney need not follow the case into another county or into the appellate court unless so directed by the court. If the attorney follows the case into another county or into the appellate court, the attorney shall be entitled to compensation as provided in this section. Only one attorney fee shall be so awarded in any one case except that in class “A” felony cases, two may be authorized.

Sec. 10. Section 903.1, subsection 1, paragraphs a and b, Code 2005, are amended to read as follows: a. For a simple misdemeanor, there shall be a fine of at least fifty sixty-five dollars but not

to exceed five six hundred twenty-five dollars. The court may order imprisonment not to ex- ceed thirty days in lieu of a fine or in addition to a fine. b. For a seriousmisdemeanor, there shall be a fine of at least two three hundred fifty fifteen

dollars but not to exceed one thousand five eight hundred seventy-five dollars. In addition, the court may also order imprisonment not to exceed one year.

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1 See chapter 1182, §64 herein

472LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1166

Sec. 11. Section 903.1, subsection 2, Code 2005, is amended to read as follows: 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 five six hundred twenty-five dollars but not to exceed five six thousand two hundred fifty dollars. When a judgment of conviction of an aggravated misdemeanor is entered against any person and the court imposes a sentence of confinement for a period of more than one year the term shall be an indeterminate term.

Approved June 2, 2006

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CH. 1167CH. 1167

CHAPTER 1167

SUPPLEMENTAL APPROPRIATIONS — VETERANS PROGRAMS

H.F. 2080

AN ACT revising and making appropriations involving veterans programs for the fiscal year beginning July 1, 2005, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. 2005 Iowa Acts, chapter 169, section 2, subsection 4, is amended by adding the following new unnumbered paragraph: NEWUNNUMBERED PARAGRAPH. Notwithstanding section 8.33, moneys appropriated

in this subsection 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 the close of the succeeding fiscal year.

Sec. 2. 2005 Iowa Acts, chapter 175, section 4, subsection 2, is amended to read as follows: 2. IOWA VETERANS HOME For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 16,309,443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13,309,443 FTEs 855.22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

It is the intent of the general assembly to appropriate at least $3,000,000 in funding from the rebuild Iowa infrastructure fund to support necessary projects at the Iowa veterans home.

Sec. 3. 2005 IowaActs, chapter 175, section4, is amendedbyadding the followingnewsub- sections: NEW SUBSECTION. 3. VETERANS APPRECIATION PROGRAM For implementation of a new veterans appreciation program, contingent upon enactment

of lawby theEighty-firstGeneral Assembly, 2006Session, codifying thenewprogramrequire- ments in chapter 35A, for providing hardship grants1 to military veterans seriously injured in a combat zone since September 11, 2001:

$ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the general assembly enacts law codifying a new fund or other requirements for the new

program for which the appropriation ismade in this subsection, then notwithstanding section 8.33,moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the pur-

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1 See chapter 1106, §3 herein