Iowa Code 602.8106 – Collection of fees in criminal cases and disposition of fees and fines
Current as of: 2024 | Check for updates
|
Other versions
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 602.8106
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
602.8106 Collection of fees in criminal cases and disposition of fees and fines.
1. The clerk of the district court shall collect the following fees:
a. Except as otherwise provided in paragraphs “”b”” and “”c””, for filing and docketing a criminal case to be paid by the county or city which has the duty to prosecute the criminal action, payable as provided in § 602.8109, one hundred dollars. When judgment is rendered 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 reimbursement for fees paid. However, the fees which are payable by the county to the clerk of the district court for services rendered in criminal actions prosecuted under state law and the court costs taxed in connection with 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, sixty dollars.
c. For filing and docketing a complaint or information or uniform citation and complaint for parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, eight dollars, effective January 1, 2004. The court costs in cases of parking meter and overtime parking violations which are contested, and charged and collected pursuant to section
321.236, subsection 1, or pursuant to a uniform citation and complaint, are eight dollars per information or complaint or per uniform citation and complaint effective January 1, 1991.
d. For court costs in scheduled violation cases where a court appearance is required, fifty-five dollars.
e. For court costs in scheduled violation cases where a court appearance is not required, fifty-five dollars.
f. For an appeal of a simple misdemeanor to the district court, seventy-five dollars.
g. For a motion to show cause in a criminal case, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying criminal case from which the motion arises.
h. For a probation revocation, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying case from which the revocation arises.
2. The clerk of the district court shall remit eighty percent of all fines and forfeited bail to the city that was the plaintiff in any action, and shall provide that city with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. The remaining twenty percent shall be submitted to the state court administrator.
3. The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed, except all fines and forfeited bail for violation of a county ordinance relating to vehicle speed or weight restrictions shall be distributed pursuant to subsection 4, paragraph “”b””. If a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be distributed pursuant to subsection 4, paragraph “”b””.
4. a. Except as provided in paragraph “”b””, the clerk of the district court shall submit all other fines, fees, costs, and forfeited bail received from a magistrate to the state court administrator.
b. The fine amount for a violation that occurred within the boundaries of the county shall be distributed as follows:
(1) Ninety-one percent to the state court administrator.
(2) Nine percent to the county treasurer for deposit in the county general fund where the violation occurred.
83 Acts, ch 186, §9106, 10201, 10204; 83 Acts, ch 204, §15, 16; 85 Acts, ch 195, §55, 56; 85
Acts, ch 197, §24, 25; 89 Acts, ch 293, §17; 90 Acts, ch 1170, §4; 91 Acts, ch 116, §14; 91 Acts, ch 218, §25; 91 Acts, ch 219, §17; 92 Acts, 2nd Ex, ch 1001, §502; 93 Acts, ch 47, §18; 94 Acts,
§602.8106, JUDICIAL BRANCH 2
1. The clerk of the district court shall collect the following fees:
a. Except as otherwise provided in paragraphs “”b”” and “”c””, for filing and docketing a criminal case to be paid by the county or city which has the duty to prosecute the criminal action, payable as provided in § 602.8109, one hundred dollars. When judgment is rendered 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 reimbursement for fees paid. However, the fees which are payable by the county to the clerk of the district court for services rendered in criminal actions prosecuted under state law and the court costs taxed in connection with 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, sixty dollars.
c. For filing and docketing a complaint or information or uniform citation and complaint for parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, eight dollars, effective January 1, 2004. The court costs in cases of parking meter and overtime parking violations which are contested, and charged and collected pursuant to section
321.236, subsection 1, or pursuant to a uniform citation and complaint, are eight dollars per information or complaint or per uniform citation and complaint effective January 1, 1991.
d. For court costs in scheduled violation cases where a court appearance is required, fifty-five dollars.
e. For court costs in scheduled violation cases where a court appearance is not required, fifty-five dollars.
f. For an appeal of a simple misdemeanor to the district court, seventy-five dollars.
g. For a motion to show cause in a criminal case, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying criminal case from which the motion arises.
h. For a probation revocation, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying case from which the revocation arises.
2. The clerk of the district court shall remit eighty percent of all fines and forfeited bail to the city that was the plaintiff in any action, and shall provide that city with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. The remaining twenty percent shall be submitted to the state court administrator.
3. The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed, except all fines and forfeited bail for violation of a county ordinance relating to vehicle speed or weight restrictions shall be distributed pursuant to subsection 4, paragraph “”b””. If a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be distributed pursuant to subsection 4, paragraph “”b””.
4. a. Except as provided in paragraph “”b””, the clerk of the district court shall submit all other fines, fees, costs, and forfeited bail received from a magistrate to the state court administrator.
b. The fine amount for a violation that occurred within the boundaries of the county shall be distributed as follows:
(1) Ninety-one percent to the state court administrator.
(2) Nine percent to the county treasurer for deposit in the county general fund where the violation occurred.
83 Acts, ch 186, §9106, 10201, 10204; 83 Acts, ch 204, §15, 16; 85 Acts, ch 195, §55, 56; 85
Acts, ch 197, §24, 25; 89 Acts, ch 293, §17; 90 Acts, ch 1170, §4; 91 Acts, ch 116, §14; 91 Acts, ch 218, §25; 91 Acts, ch 219, §17; 92 Acts, 2nd Ex, ch 1001, §502; 93 Acts, ch 47, §18; 94 Acts,
§602.8106, JUDICIAL BRANCH 2
ch 1074, §6; 95 Acts, ch 143, §11; 2003 Acts, ch 151, §47; 2004 Acts, ch 1120, §6; 2005 Acts, ch 165, §4; 2006 Acts, ch 1166, §5; 2007 Acts, ch 180, §2; 2009 Acts, ch 21, §11; 2009 Acts, ch
179, §61, 72; 2010 Acts, ch 1061, §75; 2020 Acts, ch 1074, §6, 7, 29, 93
Referred to in §321.236, 331.307, 356.7, 364.22, 453A.3, 602.8102(116), 602.8107, 602.8108, 602.9104A, 805.6, 805.11, 805.12