Bill Text: IA HSB508 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a text messaging notification and payment system for certain citations and informations.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-01-16 - Subcommittee recommends passage. [HSB508 Detail]
Download: Iowa-2017-HSB508-Introduced.html
House
Study
Bill
508
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
CARLSON)
A
BILL
FOR
An
Act
establishing
a
text
messaging
notification
and
payment
1
system
for
certain
citations
and
informations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5113YC
(4)
87
jm/rj
H.F.
_____
Section
1.
Section
602.8102,
Code
2018,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
0105B.
Facilitate
the
establishment
of
3
a
text
messaging
notification
and
payment
system
pursuant
to
4
section
602.8106A.
5
Sec.
2.
NEW
SECTION
.
602.8106A
Text
messaging
notification
6
and
payment
system.
7
1.
As
used
in
this
section,
unless
the
context
otherwise
8
requires:
9
a.
“Court
debt”
means
the
same
as
defined
in
section
10
602.8107.
11
b.
“Fine”
includes
a
fine,
penalty,
fee,
surcharge,
court
12
costs,
or
forfeited
bail.
13
c.
“Text
messaging”
means
a
text-based
message.
14
2.
a.
The
judicial
branch
shall
contract
with
a
private
15
vendor
for
the
establishment
of
a
voluntary
notification
and
16
payment
system
that
utilizes
text
messaging
for
the
delivery
17
of
citation
and
complaint
and
information
copies,
for
court
18
appearance
reminders,
and
for
the
payment
of
fines
for
local
19
traffic
violations,
for
simple
misdemeanor
violations
of
20
chapter
321,
or
for
other
violations
when
no
court
appearance
21
is
required
prior
to
an
admission
of
guilt.
22
b.
The
text
messaging
notification
and
payment
system
shall
23
account
for
the
delivery
of
the
citation
and
complaint
or
the
24
information
when
admitting
to
a
violation
pursuant
to
the
25
procedures
established
under
section
805.9.
26
c.
The
vendor
contract
shall
provide
for
a
collection
fee
of
27
up
to
six
percent
of
the
amount
of
the
fine.
The
collection
fee
28
shall
be
added
to
the
amount
of
the
fine
and
shall
be
used
to
29
compensate
the
private
vendor.
30
d.
The
text
messaging
payment
system
shall
not
be
utilized
31
for
the
collection
of
delinquent
court
debt.
32
Sec.
3.
Section
805.9,
subsections
1
and
2,
Code
2018,
are
33
amended
to
read
as
follows:
34
1.
In
cases
of
scheduled
violations,
the
defendant,
before
35
-1-
LSB
5113YC
(4)
87
jm/rj
1/
4
H.F.
_____
the
time
specified
in
the
citation
and
complaint
for
appearance
1
before
the
court,
may
sign
the
admission
of
violation
on
the
2
citation
and
complaint
and
deliver
or
mail
a
copy
of
the
3
citation
and
complaint,
together
with
the
minimum
fine
for
the
4
violation,
plus
court
costs,
to
a
scheduled
violations
office
5
in
the
county
,
or
utilize
the
text
messaging
notification
and
6
payment
system
established
pursuant
to
section
602.8106A
.
7
The
office
shall,
if
the
offense
is
a
moving
violation
under
8
chapter
321
,
forward
an
abstract
of
the
citation
and
complaint
9
and
admission
to
the
state
department
of
transportation
as
10
required
by
section
321.491
.
In
this
case
the
defendant
is
not
11
required
to
appear
before
the
court.
The
admission
constitutes
12
a
conviction.
13
2.
A
defendant
charged
with
a
scheduled
violation
by
14
information
may
obtain
two
copies
of
the
information
from
the
15
court
and,
before
the
time
the
defendant
is
required
to
appear
16
before
the
court,
deliver
or
mail
the
copies,
together
with
the
17
defendant’s
admission,
fine,
and
court
costs,
to
the
scheduled
18
violations
office
in
the
county
,
or
utilize
the
text
messaging
19
notification
and
payment
system
established
pursuant
to
section
20
602.8106A
.
The
procedure,
fine,
and
costs
are
the
same
as
when
21
the
charge
is
by
citation
and
complaint,
with
the
admission
and
22
the
number
of
the
defendant’s
driver’s
license
as
defined
in
23
section
321.1
placed
upon
the
information
when
the
violation
24
involves
the
use
of
a
motor
vehicle.
25
Sec.
4.
Section
805.9,
subsection
3,
paragraph
a,
Code
2018,
26
is
amended
to
read
as
follows:
27
a.
If
the
defendant
wishes
to
admit
the
violation,
the
28
officer
may
release
the
defendant
upon
observing
the
person
29
mail
the
citation
and
complaint,
admission,
and
minimum
fine,
30
together
with
court
costs,
to
a
traffic
violations
office
in
31
the
county,
in
an
envelope
furnished
by
the
officer
,
or
upon
32
observing
the
person
utilize
the
text
messaging
notification
33
and
payment
system
established
pursuant
to
section
602.8106A
.
34
The
admission
constitutes
a
conviction
and
judgment
in
the
35
-2-
LSB
5113YC
(4)
87
jm/rj
2/
4
H.F.
_____
amount
of
the
scheduled
fine
plus
court
costs.
The
officer
1
may
allow
the
defendant
to
use
a
credit
card
pursuant
to
rules
2
adopted
under
section
805.14
by
the
department
of
public
safety
3
or
to
mail
a
check
in
the
proper
amount
in
lieu
of
cash.
If
the
4
check
is
not
paid
by
the
drawee
for
any
reason,
the
defendant
5
may
be
held
in
contempt
of
court.
The
officer
shall
advise
the
6
defendant
of
the
penalty
for
nonpayment
of
the
check.
7
Sec.
5.
Section
805.9,
subsection
6,
Code
2018,
is
amended
8
to
read
as
follows:
9
6.
The
court
costs
imposed
by
this
section
are
the
total
10
costs
collectible
from
a
defendant
upon
either
a
hearing
11
pursuant
to
subsection
4,
or
upon
an
admission
of
a
violation
12
without
hearing,
or
upon
a
hearing
pursuant
to
subsection
4
if
13
the
text
messaging
notification
and
payment
system
established
14
pursuant
to
section
602.8106A
is
not
utilized
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
establishes
a
text
messaging
notification
and
19
payment
system
for
citations.
20
The
bill
requires
the
judicial
branch
to
contract
with
21
a
private
vendor
for
the
establishment
of
a
voluntary
22
notification
and
payment
system
that
utilizes
text
messaging
23
for
the
delivery
of
a
citation
and
complaint
and
information
24
copies,
for
court
appearance
reminders,
and
for
the
payment
25
of
fines
for
local
traffic
violations,
for
simple
misdemeanor
26
violations
of
Code
chapter
321,
or
for
other
violations
when
no
27
court
appearance
is
required
prior
to
the
admission
of
guilt.
28
When
a
person
admits
to
a
violation
any
time
before
a
29
required
court
appearance,
the
bill
requires
the
text
messaging
30
notification
and
payment
system
to
account
for
the
delivery
31
of
the
citation
and
complaint
or
information
to
the
scheduled
32
violations
office
in
the
county.
Current
law
requires
the
33
citation
and
complaint
or
information
be
delivered
or
mailed
to
34
the
scheduled
violations
office
in
the
county.
35
-3-
LSB
5113YC
(4)
87
jm/rj
3/
4
H.F.
_____
The
bill
permits
the
vendor
contract
to
provide
for
a
1
collection
fee
of
up
to
six
percent
of
the
amount
of
the
fine.
2
The
collection
fee
shall
be
added
to
the
amount
of
the
fine
and
3
shall
be
used
to
compensate
the
private
vendor.
4
The
bill
prohibits
the
utilization
of
the
text
messaging
5
payment
system
for
the
collection
of
delinquent
court
debt.
6
-4-
LSB
5113YC
(4)
87
jm/rj
4/
4
