HF 2220 (LSB 5433YH (3) 85)

HOUSE FILE 2220

BY  SALMON

A BILL FOR

An Act increasing mandatory minimum periods of confinement and fines for first, second, and third operating-while-intoxicated offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.2, subsection 3, paragraph a, Code 2014, is amended to read as follows:
   a.  A minimum period of imprisonment in the county jail of forty-eight hours seven days, but not to exceed one year, to be served as ordered by the court, less credit for any time the person was confined in a jail or detention facility following arrest or for any time the person spent in a court-ordered operating-while-intoxicated program that provides law enforcement security. However, the court, in ordering service of the sentence and in its discretion, may accommodate the defendant’s work schedule.
    Sec. 2.  Section 321J.2, subsection 3, paragraph c, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Assessment of a minimum fine of one three thousand two seven hundred fifty dollars. However, in the discretion of the court, if no personal or property injury has resulted from the defendant’s actions, the court may waive up to six hundred twenty-five dollars of the fine when the defendant presents to the court at the end of the minimum period of ineligibility a temporary restricted license issued pursuant to section 321J.20.
    Sec. 3.  Section 321J.2, subsection 4, paragraphs a and b, Code 2014, are amended to read as follows:
   a.  A minimum period of imprisonment in the county jail or community-based correctional facility of seven thirty-five days but not to exceed two years.
   b.  Assessment of a minimum fine of one thousand eight hundred seventy-five dollars and a maximum fine of six thousand two hundred fifty ten thousand dollars. Surcharges and fees shall be assessed pursuant to chapter 911.
    Sec. 4.  Section 321J.2, subsection 5, paragraph a, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of thirty days five years.
    Sec. 5.  Section 321J.2, subsection 5, paragraph b, Code 2014, is amended to read as follows:
   b.  Assessment of a minimum fine of three thousand one hundred twenty-five dollars and a maximum fine of nine thousand three hundred seventy-five twenty-five thousand dollars. Surcharges and fees shall be assessed pursuant to chapter 911.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill increases mandatory minimum periods of confinement and fines for first, second, and third operating-while-intoxicated (OWI) offenses under Code section 321J.2.
   Under current law, a person convicted of a first offense OWI must serve a minimum 48-hour period of imprisonment in the county jail not to exceed one year and is assessed a fine of $1,250; however, if no personal or property injury resulted from the defendant’s actions, the court has the discretion to waive up to $625 of the fine when the defendant presents a temporary restricted license at the end of any period of ineligibility. The bill increases the mandatory minimum period of confinement to seven days and increases the minimum fine to $3,750.
   Under current law, a person convicted of a second offense OWI is required to serve a mandatory minimum period of imprisonment in the county jail or community-based correctional facility of seven days, not to exceed two years, and is assessed a minimum fine of $1,875 and a maximum fine of $6,250. The bill increases the mandatory minimum period of confinement to 35 days and increases the fine to $10,000.
   Under current law, a person convicted of a third offense OWI is committed to the custody of the director of the department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of 30 days, and is assessed a minimum fine of $3,125 and a maximum fine of $9,375. The bill increases the mandatory minimum period of confinement to five years and increases the minimum fine to $25,000.