House File 2220 - Introduced HOUSE FILE 2220 BY SALMON A BILL FOR An Act increasing mandatory minimum periods of 1 confinement and fines for first, second, and third 2 operating-while-intoxicated offenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5433YH (3) 85 rh/nh

H.F. 2220 Section 1. Section 321J.2, subsection 3, paragraph a, Code 1 2014, is amended to read as follows: 2 a. A minimum period of imprisonment in the county jail 3 of forty-eight hours seven days , but not to exceed one year, 4 to be served as ordered by the court, less credit for any 5 time the person was confined in a jail or detention facility 6 following arrest or for any time the person spent in a 7 court-ordered operating-while-intoxicated program that provides 8 law enforcement security. However, the court, in ordering 9 service of the sentence and in its discretion, may accommodate 10 the defendant’s work schedule. 11 Sec. 2. Section 321J.2, subsection 3, paragraph c, 12 unnumbered paragraph 1, Code 2014, is amended to read as 13 follows: 14 Assessment of a minimum fine of one three thousand two 15 seven hundred fifty dollars. However, in the discretion of 16 the court, if no personal or property injury has resulted from 17 the defendant’s actions, the court may waive up to six hundred 18 twenty-five dollars of the fine when the defendant presents to 19 the court at the end of the minimum period of ineligibility 20 a temporary restricted license issued pursuant to section 21 321J.20 . 22 Sec. 3. Section 321J.2, subsection 4, paragraphs a and b, 23 Code 2014, are amended to read as follows: 24 a. A minimum period of imprisonment in the county jail or 25 community-based correctional facility of seven thirty-five days 26 but not to exceed two years. 27 b. Assessment of a minimum fine of one thousand eight 28 hundred seventy-five dollars and a maximum fine of six thousand 29 two hundred fifty ten thousand dollars. Surcharges and fees 30 shall be assessed pursuant to chapter 911 . 31 Sec. 4. Section 321J.2, subsection 5, paragraph a, 32 unnumbered paragraph 1, Code 2014, is amended to read as 33 follows: 34 Commitment to the custody of the director of the department 35 -1- LSB 5433YH (3) 85 rh/nh 1/ 3

H.F. 2220 of corrections for an indeterminate term not to exceed five 1 years, with a mandatory minimum term of thirty days five years . 2 Sec. 5. Section 321J.2, subsection 5, paragraph b, Code 3 2014, is amended to read as follows: 4 b. Assessment of a minimum fine of three thousand one 5 hundred twenty-five dollars and a maximum fine of nine thousand 6 three hundred seventy-five twenty-five thousand dollars. 7 Surcharges and fees shall be assessed pursuant to chapter 911 . 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill increases mandatory minimum periods of 12 confinement and fines for first, second, and third 13 operating-while-intoxicated (OWI) offenses under Code section 14 321J.2. 15 Under current law, a person convicted of a first offense 16 OWI must serve a minimum 48-hour period of imprisonment in the 17 county jail not to exceed one year and is assessed a fine of 18 $1,250; however, if no personal or property injury resulted 19 from the defendant’s actions, the court has the discretion 20 to waive up to $625 of the fine when the defendant presents 21 a temporary restricted license at the end of any period of 22 ineligibility. The bill increases the mandatory minimum period 23 of confinement to seven days and increases the minimum fine to 24 $3,750. 25 Under current law, a person convicted of a second offense OWI 26 is required to serve a mandatory minimum period of imprisonment 27 in the county jail or community-based correctional facility 28 of seven days, not to exceed two years, and is assessed a 29 minimum fine of $1,875 and a maximum fine of $6,250. The bill 30 increases the mandatory minimum period of confinement to 35 31 days and increases the fine to $10,000. 32 Under current law, a person convicted of a third offense OWI 33 is committed to the custody of the director of the department 34 of corrections for an indeterminate term not to exceed five 35 -2- LSB 5433YH (3) 85 rh/nh 2/ 3

H.F. 2220 years, with a mandatory minimum term of 30 days, and is 1 assessed a minimum fine of $3,125 and a maximum fine of $9,375. 2 The bill increases the mandatory minimum period of confinement 3 to five years and increases the minimum fine to $25,000. 4 -3- LSB 5433YH (3) 85 rh/nh 3/ 3