LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 168

LAW ENFORCEMENT INITIATIVE SURCHARGE

S.F. 486   Bill History

AN ACT relating to the assessment of a law enforcement initiative surcharge on certain criminal offenses.

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

Section 1. Section 602.8102, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 135B. Assess the law enforcement initiative surcharge as provided by section 911.3.

Sec. 2. Section 602.8107, subsection 4, unnumbered paragraph 2, Code 2001, is amended to read as follows:

This subsection does not apply to amounts collected for victim restitution, the victim compensation fund, criminal penalty surcharge, law enforcement initiative surcharge, amounts collected as a result of procedures initiated under subsection 5 or under section 421.17, subsection 25, or sheriff's room and board fees.

Sec. 3. Section 602.8108, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 3A. When a court assesses the law enforcement initiative surcharge under section 911.3, the clerk of court shall remit to the treasurer of the state, no later than the fifteenth day of each month, all the moneys collected during the preceding month, for deposit in the general fund of the state.

Sec. 4. Section 902.9, subsection 5, unnumbered paragraph 2, Code 2001, is amended to read as follows:

The criminal penalty surcharge required by section sections 911.2 and 911.3 shall be added to a fine imposed on a class "C" or class "D" felon, as provided by that section, and is not a part of or subject to the maximums set in this section.

Sec. 5. Section 903.1, subsection 4, Code 2001, is amended to read as follows:

4. The criminal penalty surcharge required by section sections 911.2 and 911.3 shall be added to a fine imposed on a misdemeanant, and is not a part of or subject to the maximums set in this section.

Sec. 6. Section 909.8, Code 2001, is amended to read as follows:

909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO CRIMINAL PENALTY SURCHARGE.

The provisions of this chapter governing the payment and collection of a fine, except section 909.3A, also apply to the payment and collection of a criminal penalty surcharge surcharges imposed pursuant to chapter 911. However, section 909.10 shall not apply to surcharges assessed under section 911.3.

Sec. 7. NEW SECTION. 911.3 LAW ENFORCEMENT INITIATIVE SURCHARGE.

1. In addition to the surcharge assessed in section 911.2, a law enforcement initiative surcharge of one hundred and twenty-five dollars shall be assessed by the clerk of the district court if an adjudication of guilt or a deferred judgment has been entered for a criminal violation under any of the following:

a. Chapter 124, 155A, 453B, 713, 714, 715A, or 716.

b. Section 719.8, 725.1, 725.2, or 725.3.

2. The surcharge shall be deposited in the general fund of the state.

3. The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.

Approved June 1, 2001



Updated: 29-Oct-2001 04:24 PM
rc/sw