Bill Text: IA SSB3026 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the assessment of fees and court costs in certain criminal cases, and providing for a fee.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-01-19 - 2:00PM; ROOM 206 Judiciary. [SSB3026 Detail]
Download: Iowa-2015-SSB3026-Introduced.html
Senate
Study
Bill
3026
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
fees
and
court
costs
in
1
certain
criminal
cases,
and
providing
for
a
fee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
H.F.
_____
Section
1.
Section
602.8106,
subsection
1,
paragraph
a,
1
Code
2016,
is
amended
to
read
as
follows:
2
a.
(1)
Except
as
otherwise
provided
in
paragraphs
“b”
and
3
“c”
,
for
filing
and
docketing
a
criminal
case
to
be
paid
by
the
4
county
or
city
which
has
the
duty
to
prosecute
the
criminal
5
action,
payable
as
provided
in
section
602.8109
,
one
hundred
6
dollars.
When
judgment
is
rendered
against
the
defendant,
7
costs
collected
from
the
defendant
shall
be
paid
to
the
county
8
or
city
which
has
the
duty
to
prosecute
the
criminal
action
to
9
the
extent
necessary
for
reimbursement
for
fees
paid.
10
(2)
However,
the
fees
which
are
payable
by
the
county
to
the
11
clerk
of
the
district
court
for
services
rendered
in
criminal
12
actions
prosecuted
under
state
law
and
the
court
costs
taxed
13
in
connection
with
the
trial
of
those
actions
or
appeals
from
14
the
judgments
in
those
actions
are
waived
for
the
county
.
When
15
judgment
is
entered
in
a
case
prosecuted
under
state
law
by
the
16
county,
the
fees
and
court
costs
are
recoverable
by
the
state
17
from
the
defendant
unless
the
defendant
is
found
not
guilty
or
18
the
action
is
dismissed.
19
Sec.
2.
Section
602.8106,
subsection
1,
Code
2016,
is
20
amended
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
0b.
For
filing
and
docketing
a
complaint
22
or
information
for
an
indictable
offense,
one
hundred
dollars.
23
When
judgment
is
rendered
against
the
defendant,
the
fee
shall
24
be
assessed
against
the
defendant.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
assessment
of
fees
and
court
costs
29
in
certain
criminal
offenses.
30
The
bill
specifies
that
the
fees
and
court
costs
payable
31
by
the
county
to
the
clerk
of
the
district
court
to
prosecute
32
criminal
cases
under
state
law
are
waived
for
the
county.
33
The
bill
provides
that
when
a
judgment
is
entered
in
a
34
criminal
case
prosecuted
under
state
law
by
the
county,
the
35
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H.F.
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fees
and
court
costs
are
recoverable
by
the
state
from
the
1
defendant
unless
the
defendant
is
found
not
guilty
or
the
case
2
is
dismissed.
3
The
bill
also
specifies
that
the
filing
and
docketing
fee
for
4
a
complaint
or
information
for
an
indictable
offense
is
$100.
5
The
bill
provides
that
when
a
judgment
is
rendered
against
the
6
defendant
in
an
indictable
offense,
the
fee
shall
be
assessed
7
against
the
defendant.
8
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