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 5667YH (3) 86 ns/nh 1/ 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- LSB 5667YH (3) 86 ns/nh 2/ 2