Bill Text: IA SF367 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating 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. (Formerly SSB 1146.) Effective date: Enactment, 01/01/2022, 07/01/2021. Applicability date: 07/15/2020.
Spectrum: Committee Bill
Status: (Passed) 2021-06-28 - Fiscal note. [SF367 Detail]
Download: Iowa-2021-SF367-Enrolled.html
Senate
File
367
-
Enrolled
Senate
File
367
AN
ACT
RELATING
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:
Senate
File
367,
p.
2
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
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
Senate
File
367,
p.
3
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
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
Senate
File
367,
p.
4
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
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,
Senate
File
367,
p.
5
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
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
.
Senate
File
367,
p.
6
2.
In
the
event
of
multiple
offenses,
the
surcharge
shall
be
imposed
for
each
applicable
offense.
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”.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
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
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor