House
File
2178
-
Introduced
HOUSE
FILE
2178
BY
WOLFE
,
ABDUL-SAMAD
,
and
BERRY
A
BILL
FOR
An
Act
relating
to
the
fines
assessed
for
operating
a
motor
1
vehicle
while
intoxicated.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5667YH
(3)
86
ns/nh
H.F.
2178
Section
1.
Section
321J.2,
subsection
3,
paragraph
c,
Code
1
2016,
is
amended
to
read
as
follows:
2
c.
Assessment
of
a
fine
of
one
thousand
two
hundred
3
fifty
dollars.
However,
in
the
discretion
of
the
court,
4
if
no
personal
or
property
injury
has
resulted
from
the
5
defendant’s
actions,
the
court
may
shall
waive
up
to
six
6
hundred
twenty-five
dollars
of
the
fine
when
the
defendant
7
presents
to
the
court
at
the
end
of
the
minimum
period
of
8
ineligibility
a
temporary
restricted
license
issued
pursuant
9
to
section
321J.20
.
10
(1)
Upon
the
entry
of
a
deferred
judgment,
a
civil
penalty
11
shall
be
assessed
as
provided
in
section
907.14
in
an
amount
12
not
less
than
the
amount
of
the
criminal
fine
authorized
13
pursuant
to
this
paragraph
“c”
.
14
(2)
As
an
alternative
to
a
portion
or
all
of
the
fine,
15
the
court
may
order
the
person
to
perform
unpaid
community
16
service.
However,
the
court
shall
not
order
the
person
to
17
perform
unpaid
community
service
in
lieu
of
a
civil
penalty
or
18
victim
restitution.
Surcharges
and
fees
shall
also
be
assessed
19
pursuant
to
chapter
911
.
20
(3)
Notwithstanding
section
907.3
or
any
other
provision
21
of
law
to
the
contrary,
the
court
may
waive
all
or
a
portion
22
of
the
fine
authorized
pursuant
to
this
paragraph
“c”
if
the
23
court
finds
the
person’s
household
income
is
less
than
the
24
median
household
income
of
the
county
in
which
the
conviction
25
occurred.
26
Sec.
2.
Section
321J.2,
subsection
4,
paragraph
b,
Code
27
2016,
is
amended
to
read
as
follows:
28
b.
Assessment
of
a
minimum
fine
of
one
thousand
eight
29
hundred
seventy-five
dollars
and
a
maximum
fine
of
six
thousand
30
two
hundred
fifty
dollars.
Surcharges
and
fees
shall
be
31
assessed
pursuant
to
chapter
911
.
Notwithstanding
section
32
907.3
or
any
other
provision
of
law
to
the
contrary,
the
court
33
may
waive
all
or
a
portion
of
the
fine
authorized
pursuant
to
34
this
paragraph
“b”
if
the
court
finds
the
person’s
household
35
-1-
LSB
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86
ns/nh
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2
H.F.
2178
income
is
less
than
the
median
household
income
of
the
county
1
in
which
the
conviction
occurred.
2
Sec.
3.
Section
321J.2,
subsection
5,
paragraph
b,
Code
3
2016,
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
dollars.
Surcharges
and
fees
shall
7
be
assessed
pursuant
to
chapter
911
.
Notwithstanding
section
8
907.3
or
any
other
provision
of
law
to
the
contrary,
the
court
9
may
waive
all
or
a
portion
of
the
fine
authorized
pursuant
to
10
this
paragraph
“b”
if
the
court
finds
the
person’s
household
11
income
is
less
than
the
median
household
income
of
the
county
12
in
which
the
conviction
occurred.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
Under
current
law,
a
court
is
required
to
assess
a
fine
of
17
$1,250
to
a
person
convicted
of
a
first
offense
of
operating
18
while
intoxicated
(OWI),
a
fine
of
between
$1,875
and
$6,250
19
to
a
person
convicted
of
a
second
offense
of
OWI,
and
a
fine
20
of
between
$3,125
and
$9,375
to
a
person
convicted
of
a
third
21
offense
of
OWI.
This
bill
provides
that
the
court
may
waive
22
all
or
a
portion
of
these
fines
if
the
court
finds
the
person’s
23
household
income
is
less
than
the
median
household
income
of
24
the
county
in
which
the
conviction
occurred.
25
In
addition,
current
law
provides
that
a
court
may
waive
up
26
to
half
of
the
fine
assessed
to
a
person
convicted
of
a
first
27
offense
of
OWI
if
the
person
presents
a
temporary
restricted
28
license
to
the
court
at
the
end
of
the
minimum
period
of
29
driver’s
license
ineligibility.
The
bill
requires
the
court
to
30
waive
half
of
the
fine
in
that
circumstance.
31
-2-
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5667YH
(3)
86
ns/nh
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2