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§ 805.6 — Iowa Law | CourtGPT
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  6. § 805.6
Iowa Legal Code

§ 805.6

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805.6 Uniform citation and complaint. 1. a. The commissioner of public safety, the director of transportation, and the director of the department of natural resources, acting jointly, shall adopt a uniform, combined citationand complaint which shall be used for charging all traffic violations in Iowa under state lawor local regulation or ordinance, and which shall be used for charging all other violationswhich are designated by sections 805.8A, 805.8B, and 805.8C to be scheduled violations. Thissubsection does not prevent the charging of any of those violations by information, by privatecomplaint filed under chapter 804, or by a simple notice of fine where permitted by section321.236, subsection 1. b. In addition to those violations which are required by paragraph 'a' to be charged upon a uniform citation and complaint, a violation of chapter 321 which is punishable as a simple,serious, or aggravated misdemeanor may be charged upon a uniform citation and complaint,whether or not the alleged offender is arrested by the officer making the charge. 2. Each uniform citation and complaint shall be serially numbered and shall be in quintuplicate, and the officer shall deliver the

t the alleged offender is arrested by the officer making the charge. 2. Each uniform citation and complaint shall be serially numbered and shall be in quintuplicate, and the officer shall deliver the original and a copy to the court where thedefendant is to appear, two copies to the defendant, and a copy to the law enforcementagency of the officer. Notwithstanding other contrary requirements of this section, a uniformcitation and complaint may be originated from a computerized device. The officer issuingthe citation through a computerized device shall electronically sign and date the citation orcomplaint and shall obtain electronically the signature of the person cited as provided insection 805.3 and shall give two copies of the citation to the person cited and shall providea record of the citation to the court where the person cited is to appear and to the lawenforcement agency of the officer by an electronic process which accurately reproduces orforms a durable medium for accurately and legibly reproducing an unaltered image or copyof the citation. If the uniform citation and complaint is created electronically, the issuingagency shall cause the uniform citation and complaint to

and legibly reproducing an unaltered image or copyof the citation. If the uniform citation and complaint is created electronically, the issuingagency shall cause the uniform citation and complaint to be transmitted to the court, and theofficer shall deliver a document to the defendant which contains a section for the defendantand a section which may be sent to the court. The court shall forward an abstract of theuniform citation and complaint in accordance with section 321.491 when applicable. 3. a. (1) The uniform citation and complaint shall contain spaces for the following:(a) The parties’ names.(b) The address of the alleged offender.(c) The registration number of the offender’s vehicle.(d) The information required by section 805.2.(e) A warning which states: I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. (f) A statement that providing false identification information is a violation of section 719.1A. (g) A list of the scheduled fines prescribed by sections 805.8A, 805.8B, and 805.8C, either separately or by group, and a statement of the court costs payable in scheduled violationcases,

ion 719.1A. (g) A list of the scheduled fines prescribed by sections 805.8A, 805.8B, and 805.8C, either separately or by group, and a statement of the court costs payable in scheduled violationcases, whether or not a court appearance is required or is demanded. (h) A brief explanation of sections 805.9 and 805.10.(i) A space where the defendant may sign an admission of the violation when permitted by section 805.9. (2) The uniform citation and complaint shall require that the defendant appear before a court at a specified time and place. (3) The uniform citation and complaint also may contain a space for the imprint of a credit card, and may contain any other information which the commissioner of public safety,the director of transportation, and the director of the department of natural resources maydetermine. b. The uniform citation and complaint shall also contain the following:(1) A promise to appear as provided in section 805.3.(2) The following statement: Sat Dec 23 12:33:40 2023 Iowa Code 2024, Section 805.6 (29, 0) §805.6, CITATIONS IN LIEU OF ARREST 2 I hereby give my unsecured appearance bond in the amount of ................ dollars and enter my written appearance.

2023 Iowa Code 2024, Section 805.6 (29, 0) §805.6, CITATIONS IN LIEU OF ARREST 2 I hereby give my unsecured appearance bond in the amount of ................ dollars and enter my written appearance. I agree that if Ifail to appear in person or by counsel to defend against the offensecharged in this citation the court is authorized to enter a convictionand render judgment against me for the amount of my appearancebond in satisfaction of the penalty plus court costs. (3) A space immediately below the items in subparagraphs (1) and (2) for the signature of the person being charged which shall serve for each of the items in subparagraphs (1) and(2). (4) A place for citing a person in violation of section 453A.2, subsection 2.c. The uniform citation and complaint shall contain a place for the verification of the officer issuing the complaint. The complaint may be verified before the chief officer ofthe law enforcement agency, or the chief officer’s designee. The chief officer of each lawenforcement agency of the state may designate specific individuals to administer oaths andcertify verifications. 4.

w enforcement agency, or the chief officer’s designee. The chief officer of each lawenforcement agency of the state may designate specific individuals to administer oaths andcertify verifications. 4. Unless the officer issuing the citation arrests the alleged offender, or permits admission or requires submission of bail as provided in section 805.9, subsection 3, the officer shall enterin the blank contained in the statement required by subsection 3, paragraph 'b', one of thefollowing amounts and shall require the person to sign the written appearance: a. If the offense is one to which an assessment of a minimum fine is applicable and the entry is otherwise not prohibited by this section, an amount equal to one and one-half timesthe minimum fine and applicable surcharge assessed pursuant to chapter 911, plus courtcosts. b. If the offense is one to which a scheduled fine is applicable, an amount equal to one and one-half times the scheduled fine and applicable surcharge assessed pursuant to chapter911, plus court costs. c. If the violation is for any offense for which a court appearance is mandatory, and an assessment of a minimum fine is not applicable, the amount of one hundred

ant to chapter911, plus court costs. c. If the violation is for any offense for which a court appearance is mandatory, and an assessment of a minimum fine is not applicable, the amount of one hundred dollars andapplicable surcharge assessed pursuant to chapter 911, plus court costs. 5. The written appearance defined in subsection 3, paragraph 'b', shall not be used for any offense other than a simple misdemeanor. 6. The filing fees and court costs in cases of parking meter and overtime parking violations which are denied are as stated in section 602.8106, subsection 1. The court costsin scheduled violation cases where a court appearance is not required are as stated insection 602.8106, subsection 1. The court costs in scheduled violation cases where a courtappearance is required are as stated in section 602.8106, subsection 1. 7. Supplies of the uniform citation and complaint for municipal corporations and county agencies shall be paid for out of the budget of the municipal corporation or county receivingthe fine resulting from use of the citation and complaint. Supplies of the uniform citationand complaint form used by other agencies shall be paid for out of the budget of the

tion or county receivingthe fine resulting from use of the citation and complaint. Supplies of the uniform citationand complaint form used by other agencies shall be paid for out of the budget of the agencyconcerned and not out of the budget of the judicial branch. 8. The commissioner of public safety and the director of the department of natural resources, acting jointly, shall design and publish a compendium of scheduled violationsand scheduled fines, containing other information which they deem appropriate, and shalldistribute copies to all courts and law enforcement officers and agencies of the state uponrequest. The cost of the publication shall be paid out of the budget of the department ofpublic safety and out of the budget of the department of natural resources, each budgetbeing liable for half of those costs. Copies shall be made available to individuals uponrequest, and a charge may be collected which does not exceed the cost of printing. 9. Supplies of uniform citation and complaint forms existing or on order on July 1, 2010, may be used until exhausted. [C73, 75, 77, §753.13; C79, 81, §805.6]83 Acts, ch 123, §201, 209; 83 Acts, ch 204, §8, 9; 85 Acts, ch 197, §40, 41;

complaint forms existing or on order on July 1, 2010, may be used until exhausted. [C73, 75, 77, §753.13; C79, 81, §805.6]83 Acts, ch 123, §201, 209; 83 Acts, ch 204, §8, 9; 85 Acts, ch 197, §40, 41; 86 Acts, ch 1237, §44; 86 Acts, ch 1238, §31; 89 Acts, ch 167, §1; 89 Acts, ch 296, §90; 90 Acts, ch 1170, §5; 90Acts, ch 1230, §93; 91 Acts, ch 116, §21; 94 Acts, ch 1074, §15, 16; 95 Acts, ch 81, §2 – 5; 95 Sat Dec 23 12:33:40 2023 Iowa Code 2024, Section 805.6 (29, 0) Acts, ch 118, §36; 98 Acts, ch 1047, §66; 98 Acts, ch 1178, §13; 2000 Acts, ch 1105, §9; 2000Acts, ch 1131, §1 – 3; 2001 Acts, ch 6, §1; 2001 Acts, ch 137, §5; 2003 Acts, ch 6, §5; 2007 Acts,ch 33, §3; 2007 Acts, ch 215, §259; 2009 Acts, ch 130, §16, 42; 2010 Acts, ch 1069, §63; 2010Acts, ch 1078, §4, 5; 2010 Acts, ch 1193, §66, 67, 79; 2013 Acts, ch 30, §168; 2017 Acts, ch 167,§23 Referred to in §9B.17, 321.236, 321.485, 331.424, 602.8102(126A), 805.1, 805.8A(1)(a), 805.8A(12)(e), 805.15 Sat Dec 23 12:33:40 2023 Iowa Code 2024, Section 805.6 (29, 0)