General Assembly: 81 (2005 Regular GA) - Chapter 143 - Criminal justice — miscellaneous provisions


Published: 2005-06-03

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477 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 143

The committee shall determine themethodology to be used for distribution ofmoneys in the secondary road fund and the farm-to-market road fund. The methodology shall be phased in over a five-year time period, beginning July 1, 2006. The committee shall adopt rules pursuant to chapter 17A to govern the determination and

modification of the methodology to be used for distribution of moneys in the secondary road fund and the farm-to-market road fund.

Sec. 5. Section 312.5, Code 2005, is amended to read as follows: 312.5 DIVISION OF FARM-TO-MARKET ROAD FUNDS. 1. The road use tax funds credited to the farm-to-market road fund and federal aid second-

ary road funds received by the state by the treasurer of state are hereby divided as follows, and are to be known respectively as: a. Need allotment farm-to-market road funds, seventy percent; and b. Area allotment farm-to-market road funds, thirty percent. 1. For the fiscal year ending June 30, 2006, the treasurer of state shall apportion among the

counties the road use tax funds credited to the farm-to-market road fund by using the alloca- tionmethod contained in section 312.5, subsection 1, Code 2005. For subsequent fiscal years, the treasurer of state shall apportion among the counties the road use tax funds credited to the farm-to-market road fund by using the distribution methodology adopted pursuant to section 312.3C. 2. All farm-to-market road funds, except funds which under section 310.20 come from any

county’s allotment of the road use tax funds, shall be allotted apportioned among the counties by the department as provided by this section. 3. Area allotment farm-to-market road funds shall be allotted among all the counties of the

state in the ratio that the area of each county bears to the total area of the whole state. 4. Need allotment farm-to-market road funds shall be allotted among the counties in the ra-

tio that theneedsof the farm-to-market roads in eachcountybear to the total needsof the farm- to-market roads in the state for each fiscal year based upon the total needs of the farm-to- market roads in the state as shown in the latest quadrennial need study report developed by the state department of transportation, and which is on record at the department. “Latest quadrennial need study report” includes the annual recalculation of construction

andmaintenance needs of roadswhose jurisdiction has been transferred from the department to a county or from a county to the department during the prior year as recalculated pursuant to section 307.22, subsection 7.

Approved June 3, 2005

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CH. 143CH. 143

CHAPTER 143

CRIMINAL JUSTICE — MISCELLANEOUS PROVISIONS

H.F. 682

ANACT relating to the assessment of a civil penalty andcriminal penalty surcharge, andcreat- ing a criminalistics laboratory fund.

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

Section 1. Section 602.8108, subsection 3, Code 2005, is amended to read as follows: 3. The clerk of the district court shall remit to the state court administrator, not later than

478LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 143

the fifteenth day of each month, ninety-five percent of all moneys collected from the criminal penalty surcharge provided in section 911.1 during the preceding calendar month. The clerk shall remit the remainder to the county treasurer of the county that was the plaintiff in the ac- tion or to the city that was the plaintiff in the action. Of the amount received from the clerk, the state court administrator shall allocate eighteen seventeen percent to be deposited in the victim compensation fund established in section 915.94, and eighty-two eighty-three percent to be deposited in the general fund.

Sec. 2. Section 602.8108, Code 2005, is amended by adding the following new subsection: NEWSUBSECTION. 9. A criminalistics laboratory fund is created as a separate fund in the

state treasury under the control of the department of public safety. The fund shall consist of appropriationsmade to the fundand transfers of interest, andearnings. Allmoneys in the fund are appropriated to the department of public safety for use by the department in criminalistics laboratory equipment purchasing, maintenance, depreciation, and training. Any balance in the fund on June 30 of any fiscal year shall not revert to any other fund of the state but shall remain available for the purposes described in this subsection.

Sec. 3. Section 907.1, subsection 1, Code 2005, is amended to read as follows: 1. “Deferred judgment” means a sentencing option whereby both the adjudication of guilt

and the imposition of a sentence are deferred by the court and whereby the court assesses a civil penalty as provided in section 907.14 upon the entry of the deferred judgment. The court retains thepower topronounce judgment and impose sentence subject to thedefendant’s com- pliance with conditions set by the court as a requirement of the deferred judgment.

Sec. 4. Section 907.3, subsection 1, unnumbered paragraph 1, Code 2005, is amended to read as follows: With the consent of the defendant, the court may defer judgment and may place the defen-

dant onprobationupon conditions as itmay require. However, a civil penalty shall beassessed as provided in section 907.14 upon the entry of a deferred judgment. Upon a showing that the defendant is not cooperatingwith the programof probation or is not responding to it, the court may withdraw the defendant from the program, pronounce judgment, and impose any sen- tence authorized by law. Before taking such action, the court shall give the defendant an op- portunity to be heard on any matter relevant to the proposed action. Upon fulfillment of the conditions of probation and thepayment of fees imposed andnotwaived by the judicial district department of correctional services under section 905.14, the defendant shall be discharged without entry of judgment. Upon violation of the conditions of probation, the court may pro- ceed as provided in chapter 908.

Sec. 5. NEW SECTION. 907.14 DEFERRED JUDGMENT — CIVIL PENALTY — DIS- TRIBUTION. 1. Upon the entry of a deferred judgment pursuant to section 907.3, a defendant shall be as-

sessed a civil penalty of an amount not less than the amount of any criminal fine authorized by law for the offense under section 902.9 or section 903.1. 2. The clerk of the district court shall collect and remit the civil penalty to the state court

administrator for deposit in the general fund of the state as provided in section 602.8108.

Sec. 6. Section 911.1, subsection 1, Code 2005, is amended to read as follows: 1. A criminal penalty surcharge shall be levied against law violators as provided in this sec-

tion. When a court imposes a fine or forfeiture for a violation of state law, or a city or county ordinance, except an ordinance regulating the parking ofmotor vehicles, the court or the clerk of the district court shall assess an additional penalty in the form of a criminal penalty sur- charge equal to thirty thirty-two percent of the fine or forfeiture imposed.

Approved June 3, 2005