HSB 29 (LSB 1350YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act allowing certain operating-while-intoxicated offenders to be sentenced as habitual offenders, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.2, subsection 5, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A third or subsequent offense is punishable by all of the following:
    Sec. 2.  Section 321J.2, subsection 5, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Notwithstanding the maximum sentence set forth in paragraph “a”, a person convicted of a third or subsequent offense may be sentenced as an habitual offender pursuant to sections 902.8 and 902.9 if the person qualifies as an habitual offender as described in section 902.8.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 321J.2(2)(c) provides that a third or subsequent operating-while-intoxicated (OWI) offense is a class “D” felony and Code section 321J.4(4) requires the department of transportation to revoke the driver’s license of a person convicted of a third or subsequent OWI offense for six years. Code section 321J.2(5) sets forth the punishments for persons convicted of a third OWI offense, including confinement not to exceed five years with a mandatory minimum term of 30 days, assessment of a fine of between $3,125 and $9,375, revocation of the person’s driver’s license for six years, and assignment to substance abuse evaluation and treatment, a course for drinking drivers, and a reality education substance abuse prevention program. This bill specifies that the punishments set forth under Code section 321J.2(5) apply to persons convicted of a third or subsequent OWI offense.
   Under current law, Code section 902.8 provides that an habitual offender is any person convicted of a class “C” or class “D” felony, who has twice before been convicted of any felony. Under Code section 902.9, the maximum sentence for an habitual offender is confinement for no more than 15 years, if the maximum sentence is not otherwise prescribed by statute. The bill provides that a person convicted of a third or subsequent OWI offense may be sentenced as an habitual offender pursuant to Code sections 902.8 and 902.9 if the person qualifies as an habitual offender as described in Code section 902.8.
   The bill, in part, is a response to the Iowa supreme court’s decision in Noll v. Iowa Dist. Court for Muscatine Cty., 919 N.W.2d 232 (Iowa 2018), holding that the maximum and minimum sentences set forth in Code section 321J.2(5) for a third OWI offense represent the general assembly’s intent to preclude sentencing a person convicted of a third or subsequent OWI offense as an habitual offender under Code sections 902.8 and 902.9 even though the person was previously convicted of at least two felonies.