2000 Legislation
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HOUSE BILL NO. 625, As Amended – Criminal cases, fines, collection

HOUSE BILL NO. 625, As Amended

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Daily Data Tracking History



H0625aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CRIMINAL CASES - FINES - Adds to existing law to provide that the courts
may contract with private entities for the collection of unpaid debts owed
to the courts in criminal cases.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
03/01    Rpt out - to Gen Ord
03/03    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Hansen(29), Smylie
    Floor Sponsor - Moss
    Title apvd - to Senate
03/14    Senate intro - 1st rdg as amen - to Jud
03/21    Rpt out - rec d/p - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
04/03    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - King-Barrutia
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 330
         Effective: 07/01/00

Bill Text


 H0625
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 625, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ENFORCEMENT AND COLLECTION OF FINES AND OTHER AMOUNTS  ORDERED
  3        BY  A  COURT IN CRIMINAL CASES; AMENDING CHAPTER 47, TITLE 19, IDAHO CODE,
  4        BY THE ADDITION OF A NEW SECTION 19-4708, IDAHO CODE, TO PROVIDE THAT  THE
  5        COURTS  MAY  ENTER INTO CONTRACTS WITH PRIVATE ENTITIES FOR THE COLLECTION
  6        OF UNPAID DEBTS OWED TO COURTS IN CRIMINAL CASES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 47, Title 19, Idaho Code, be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 19-4708, Idaho Code, and to read as follows:
                                                                        
 11        19-4708.  COLLECTION OF DEBTS OWED TO COURTS -- CONTRACTS FOR  COLLECTION.
 12    (1)  The clerks of the district court, with the approval of the administrative
 13    district judge, may enter into contracts in accordance with this  section  for
 14    collection  services for debts owed to courts. The cost of collection shall be
 15    paid by the defendant as an administrative surcharge when the defendant  fails
 16    to  pay any amount ordered by the court and the court utilizes the services of
 17    a contracting agent pursuant to this section.
 18        (2)  As used in this section:
 19        (a)  "Contracting agent" means a person, firm or  other  entity  who  con-
 20        tracts to provide collection services.
 21        (b)  "Cost  of collection" means the fee specified in contracts to be paid
 22        to or retained by a contracting agent for collection services.
 23        (c)  "Debts owed to courts" means any assessment of  fines,  court  costs,
 24        surcharges,  penalties,  fees,  moneys  expended  in providing counsel and
 25        other defense services to indigent defendants or  other  charges  which  a
 26        court  judgment has ordered to be paid to the court in criminal cases, and
 27        which remain unpaid in whole or in part, and includes any interest or pen-
 28        alties on such unpaid amounts as provided for in the judgment or by law.
 29        (3)  The supreme court may adopt  rules  as  deemed  appropriate  for  the
 30    administration of this section, including procedures to be used in the negoti-
 31    ation  and  execution  of contracts pursuant to this section, procedures to be
 32    followed by courts which utilize collection services under such contracts, and
 33    procedures for the compromise of debts owed to courts in criminal cases.
 34        (4)  Each contract entered into pursuant to this section shall specify the
 35    scope of work to be performed and provide for a fee to be paid to or  retained
 36    by the contracting agent for collection services. Such fee shall be designated
 37    as  the cost of collection, and shall not exceed thirty-three percent (33%) of
 38    the amount collected. The cost of collection shall be deducted from the amount
 39    collected but shall not be deducted from the debts owed to courts.
 40        (5)  Contracts entered into shall provide for the payment of  any  amounts
 41    collected  to  the clerk of the district court for the court in which the debt
 42    being collected originated  after  first  deducting  the  collection  fee.  In
 43    accounting for amounts collected from any person pursuant to this section, the
                                                                        
                                       2
                                                                        
  1    district  court  clerk  shall credit the person's amount owed in the amount of
  2    the net proceeds collected and shall not reduce the amount owed by any  person
  3    by that portion of any payment which constitutes the cost of collection pursu-
  4    ant to this section.
  5        (6)  With the appropriate cost of collection paid to the contracting agent
  6    as  agreed  upon  in the contract, the clerk shall then distribute the amounts
  7    collected in accordance with the law.

Amendment


 AH0625
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Moss                
                                                                        
                                                     Seconded by Gould               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 625
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 29 and 30.

Statement of Purpose / Fiscal Impact



     
                STATEMENT OF PURPOSE 
                       RS1OOO1
                           
          This bill will improve the court's ability to collect delinquent fines and
     other court ordered fees and costs by adding a new section to the Idaho Code
     which authorizes the use of private collection services in collecting these debts. 
     
          Courts in other states are increasingly looking to the private sector for
     assistance with fine collection. These private entities are able to pursue debtors
     across state lines and have access to national databases that allow them to track
     offenders to wherever they locate to collect these delinquencies. The defendant
     would be assessed with the cost of these collection services.
     
     
      
                     FISCAL NOTE 
     
     This bill is expected to substantially increase fine and court costs revenue that is
     apportioned to various state or local funds, the amount of which cannot accurately
     be estimated at this time. 
     
     
     
     
     
     
               CONTACT:   Representative Tom Moss
                (208) 332-1000 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                        H 625