Text: HF00161 Text: HF00163 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsections 2, 3, and 5, Code 1 2 1997, are amended to read as follows: 1 3 2. A person who violates this section commits: 1 4 a. A serious misdemeanor for the first offense and shall 1 5 be imprisoned in the county jail for not less than forty-eight 1 6 hours to be served as ordered by the court, less credit for 1 7 any time the person was confined in a jail or detention 1 8 facility following arrest, and assessed a fine of not less 1 9 than five hundred dollars nor more than one thousand dollars. 1 10 As an alternative to a portion or all of the fine, the court 1 11 may order the person to perform not more than two hundred 1 12 hours of unpaid community service. The court may accommodate 1 13 the sentence to the work schedule of the defendant. 1 14 b. An aggravated misdemeanor for a second offense and 1 15 shall be imprisoned in the county jail or community-based 1 16 correctional facility not less than seven days,which minimum1 17term cannot be suspended notwithstanding section 901.5,1 18subsection 3 and section 907.3, subsection 3,and assessed a 1 19 fine of not less than seven hundred fifty dollars. 1 20 c. A class "D" felony for a third offense and each 1 21 subsequent offense and shall be imprisoned in the county jail 1 22 for a determinate sentence of not more than one year but not 1 23 less than thirty days, or committed to the custody of the 1 24 director of the department of corrections, and assessed a fine 1 25 of not less than seven hundred fifty dollars.The minimum1 26jail term of thirty days cannot be suspended notwithstanding1 27section 901.5, subsection 3, and section 907.3, subsection 3,1 28however, the person sentenced shall receive credit for any1 29time the person was confined in a jail or detention facility1 30following arrest. If a person is committed to the custody of1 31the director of the department of corrections pursuant to this1 32paragraph and the sentence is suspended, the sentencing court1 33shall order that the offender serve the thirty-day minimum1 34term in the county jail. If the sentence which commits the1 35person to the custody of the director of the department of2 1corrections is later imposed by the court, all time served in2 2a county jail toward the thirty-day minimum term shall count2 3as time served toward the sentence which committed the person2 4to the custody of the director of the department of2 5corrections.2 6 2A. a. Notwithstanding the provisions of sections 901.5 2 7 and 907.3, the court shall not defer judgment or sentencing, 2 8 or suspend execution of any part of the minimum sentence 2 9 applicable to the defendant under subsection 2. 2 10 b. A person convicted of a second or subsequent offense 2 11 shall be ordered to undergo a substance abuse evaluation prior 2 12 to sentencing. If a person is convicted of a third or 2 13 subsequent offense or if the evaluation recommends treatment, 2 14 the offender may be committed to the custody of the director 2 15 of the department of corrections, who, if the sentence is not2 16suspended,shall assign the person to a facility pursuant to 2 17 section 904.513 or the offender may be committed to treatment 2 18 in the community under the provisions of section 907.6. 2 19 c. A minimum term of imprisonment in a county jail or 2 20 community-based correctional facility imposed on a person 2 21 convicted of a second or subsequent offense under paragraph 2 22 "b" or "c" shall be served on consecutive days. However, if 2 23 the sentencing court finds that service of the full minimum 2 24 term on consecutive days would work an undue hardship on the 2 25 person, or finds that sufficient jail space is not available 2 26 and is not reasonably expected to become available within four 2 27 months after sentencing to incarcerate the person serving the 2 28 minimum sentence on consecutive days, the court may order the 2 29 person to servenot less than forty-eight consecutive hours of2 30 the minimum termand to perform a specified number of hours of2 31unpaid community service as deemed appropriate by the2 32sentencing courtin increments of forty-eight consecutive 2 33 hours. 2 34 3. No conviction for, deferred judgment for,or plea of 2 35 guilty to,a violation of this section which occurred more 3 1 than six years prior to the date of the violation charged 3 2 shall be considered in determining that the violation charged 3 3 is a second, third, or subsequent offense. For the purpose of 3 4 determining if a violation charged is a second, third, or 3 5 subsequent offense, deferred judgments pursuant to prior 3 6 versions of section 907.3 for violations of this section and 3 7 convictions or the equivalent of deferred judgments for 3 8 violations in any other states under statutes substantially 3 9 corresponding to this section shall be counted as previous 3 10 offenses. The courts shall judicially notice the statutes of 3 11 other states which define offenses substantially equivalent to 3 12 the one defined in this section and can therefore be 3 13 considered corresponding statutes. Each previous violation on 3 14 which conviction or deferral of judgment was entered prior to 3 15 the date of the violation charged shall be considered and 3 16 counted as a separate previous offense. 3 17 5. The clerk of the district court shall immediately 3 18 certify to the department a true copy of each order entered 3 19 with respect todeferral of judgment, deferral of sentence or3 20 pronouncement of judgment and sentence for a defendant under 3 21 this section. 3 22 Sec. 2. Section 321J.2, subsection 8, Code 1997, is 3 23 amended to read as follows: 3 24 8. The court shall order a defendant convicted ofor3 25receiving a deferred judgment fora violation of this section 3 26 to make restitution, in an amount not to exceed two thousand 3 27 dollars, for damages resulting directly from the violation. 3 28 An amount paid pursuant to this restitution order shall be 3 29 credited toward any adverse judgment in a subsequent civil 3 30 proceeding arising from the same occurrence. However, other 3 31 than establishing a credit, a restitution proceeding pursuant 3 32 to this section shall not be given evidentiary or preclusive 3 33 effect in a subsequent civil proceeding arising from the same 3 34 occurrence. 3 35 Sec. 3. Section 321J.3, subsection 2, Code 1997, is 4 1 amended to read as follows: 4 2 2. As a condition of asuspended sentence or portion of4 3sentence for asecond, third,or subsequent offense in 4 4 violation of section 321J.2, the court upon hearing may commit 4 5 the defendant for inpatient treatment of alcoholism or drug 4 6 addiction or dependency to any hospital, institution, or 4 7 community correctional facility in Iowa providing such 4 8 treatment. The time for which the defendant is committed for 4 9 treatment shall be credited against the defendant's sentence. 4 10 The court may prescribe the length of time for the evaluation 4 11 and treatment or it may request that the hospital to which the 4 12 person is committed immediately report to the court when the 4 13 person has received maximum benefit from the program of the 4 14 hospital or institution or has recovered from the person's 4 15 addiction, dependency, or tendency to chronically abuse 4 16 alcohol or drugs. A person committed under this section who 4 17 does not possess sufficient income or estate to make payment 4 18 of the costs of the treatment in whole or in part shall be 4 19 considered a state patient and the costs of treatment shall be 4 20 paid as provided in section 125.44. 4 21 Sec. 4. Section 321J.4, subsection 2, Code 1997, is 4 22 amended by striking the subsection. 4 23 Sec. 5. Section 321J.4, subsection 7, Code 1997, is 4 24 amended to read as follows: 4 25 7. On a convictionfor or as a condition of a deferred4 26judgmentfor a violation of section 321J.2, the court may 4 27 order the defendant to install ignition interlock devices of a 4 28 type approved by the commissioner of public safety on all 4 29 motor vehicles owned or operated by the defendant which, 4 30 without tampering or the intervention of another person, would 4 31 prevent the defendant from operating the motor vehicle with an 4 32 alcohol concentration greater than a level set by rule of the 4 33 commissioner of public safety. The commissioner of public 4 34 safety shall adopt rules to approve certain ignition interlock 4 35 devices and the means of installation of the devices, and 5 1 shall establish the level of alcohol concentration beyond 5 2 which an ignition interlock device will not allow operation of 5 3 the motor vehicle in which it is installed. The order shall 5 4 remain in effect for a period of time as determined by the 5 5 court which shall not exceed the maximum term of imprisonment 5 6 which the court could have imposed according to the nature of 5 7 the violation. While the order is in effect, the defendant 5 8 shall not operate a motor vehicle which does not have an 5 9 approved ignition interlock device installed. If the 5 10 defendant's motor vehicle license or nonresident operating 5 11 privilege has been revoked, the department shall not issue a 5 12 temporary permit or a motor vehicle license to the person 5 13 without certification that approved ignition interlock devices 5 14 have been installed in all motor vehicles owned or operated by 5 15 the defendant while the order is in effect. A defendant who 5 16 fails within a reasonable time to comply with an order to 5 17 install an approved ignition interlock device may be declared 5 18 in contempt of court and punished accordingly. A person who 5 19 tampers with or circumvents an ignition interlock device 5 20 installed under a court order while an order is in effect 5 21 commits a serious misdemeanor. 5 22 Sec. 6. Section 321J.24, subsection 2, Code 1997, is 5 23 amended to read as follows: 5 24 2. A reality education substance abuse prevention program 5 25 is established in those judicial districts where the chief 5 26 judge of the judicial district authorizes participation in the 5 27 program. Upon a conviction or adjudication for a violation of 5 28 section 321J.2,or the entry of a deferred judgment concerning5 29a violation of section 321J.2,the court or juvenile court, 5 30 with the consent of the defendant or delinquent child, may 5 31 order a defendant who is sixteen years of age or older but 5 32 under the age of twenty-one or delinquent child who is sixteen 5 33 years of age or older to participate in the reality education 5 34 substance abuse prevention program as a term and condition of 5 35 probation or disposition in addition to any other term or 6 1 condition of probation or disposition required or authorized 6 2 by law. The court or juvenile court shall require the 6 3 defendant or delinquent child to abstain from consuming any 6 4 controlled substance, alcoholic liquor, wine, or beer before 6 5 reaching age twenty-one while participating in the program. 6 6 Sec. 7. Section 907.3, subsection 1, paragraph g, Code 6 7 1997, is amended to read as follows: 6 8 g. The offense is a violation of section 321J.2and,6 9within the previous six years, the person has been convicted6 10of a violation of that section or the person's driver's6 11license has been revoked pursuant to section 321J.4, 321J.9,6 12or 321J.12. 6 13 Sec. 8. Section 907.3, subsections 2 and 3, Code 1997, are 6 14 amended to read as follows: 6 15 2. At the time of or after pronouncing judgment and with 6 16 the consent of the defendant, the court may defer the sentence 6 17 and assign the defendant to the judicial district department 6 18 of correctional services. The court may assign the defendant 6 19 to supervision or services under section 901B.1 at the level 6 20 of sanctions which the district department determines to be 6 21 appropriate, if an intermediate criminal sanctions plan and 6 22 program has been adopted in the judicial district under 6 23 section 901B.1. However, the court shall not defer the 6 24 sentence for a violation ofsectionany of the following: 6 25 a. Section 708.2A, if the defendant has previously 6 26 received a deferred judgment or sentence for a violation of 6 27 section 708.2 or 708.2A which was issued on a domestic abuse 6 28 assault, or if similar relief was granted anywhere in the 6 29 United States concerning that jurisdiction's statutes which 6 30 substantially correspond to domestic abuse assault as provided 6 31 in section 708.2A.In addition, the court shall not defer a6 32sentence if it is imposed for a conviction for or plea of6 33guilty to a violation of section6 34 b. Section 236.8 or for contempt pursuant to section 236.8 6 35 or 236.14. 7 1 c. Section 321J.2. 7 2 Upon a showing that the defendant is not fulfilling the 7 3 conditions of probation, the court may revoke probation and 7 4 impose any sentence authorized by law. Before taking such 7 5 action, the court shall give the defendant an opportunity to 7 6 be heard on any matter relevant to the proposed action. Upon 7 7 violation of the conditions of probation, the court may 7 8 proceed as provided in chapter 908. 7 9 3. By record entry at the time of or after sentencing, the 7 10 court may suspend the sentence and place the defendant on 7 11 probation upon such terms and conditions as it may require 7 12 including commitment to an alternate jail facility or a 7 13 community correctional residential treatment facility for a 7 14 specific number of days to be followed by a term of probation 7 15 as specified in section 907.7, or commitment of the defendant 7 16 to the judicial district department of correctional services 7 17 for supervision or services under section 901B.1 at the level 7 18 of sanctions which the district department determines to be 7 19 appropriate. A person so committed who has probation revoked 7 20 shall be given credit for such time served. However, the 7 21 court shall not suspendtheany of the following sentences: 7 22 a. The minimum term of two days imposed pursuant to 7 23 section 708.2A, subsection 6, paragraph "a", or a sentence 7 24 imposed under section 708.2A, subsection 6, paragraph "b", and7 25the court shall not suspend a. 7 26 b. A sentence imposed pursuant to section 236.8 or 236.14 7 27 for contempt. 7 28 c. The minimum sentence imposed pursuant to section 7 29 321J.2. 7 30 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 31 3, shall not apply to this Act. 7 32 EXPLANATION 7 33 This bill amends Code section 907.5 to prohibit a court 7 34 from deferring a judgment or deferring or suspending a 7 35 sentence for an offense of operating while intoxicated. This 8 1 bill also makes conforming amendments to sections of chapter 8 2 321J to require a defendant to serve the minimum jail term and 8 3 to eliminate references to deferred judgments and suspended 8 4 sentences. 8 5 This bill may contain a state mandate as defined in Code 8 6 section 25B.3. The bill makes inapplicable Code section 8 7 25B.3, subsection 3, which would relieve a political 8 8 subdivision from complying with a state mandate if funding for 8 9 the cost of the state mandate is not provided or specified. 8 10 Therefore, political subdivisions are required to comply with 8 11 any state mandate included in this bill. 8 12 LSB 1402HH 77 8 13 jls/cf/24
Text: HF00161 Text: HF00163 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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