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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
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.
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
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