Text: HF00246 Text: HF00248 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321J.2, subsection 2, Code 1997, is
1 2 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 minimum
1 17 term cannot be suspended notwithstanding section 901.5,
1 18 subsection 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 minimum
1 26 jail term of thirty days cannot be suspended notwithstanding
1 27 section 901.5, subsection 3, and section 907.3, subsection 3,
1 28 however, the person sentenced shall receive credit for any
1 29 time the person was confined in a jail or detention facility
1 30 following arrest. If a person is committed to the custody of
1 31 the director of the department of corrections pursuant to this
1 32 paragraph and the sentence is suspended, the sentencing court
1 33 shall order that the offender serve the thirty-day minimum
1 34 term in the county jail. If the sentence which commits the
1 35 person to the custody of the director of the department of
2 1 corrections is later imposed by the court, all time served in
2 2 a county jail toward the thirty-day minimum term shall count
2 3 as time served toward the sentence which committed the person
2 4 to the custody of the director of the department of
2 5 corrections.
2 6 2A. a. In addition to any penalties imposed under
2 7 subsection 2, the court shall order a defendant to perform
2 8 community service as follows:
2 9 (1) A person convicted of a first offense under subsection
2 10 2 shall be ordered to perform one hundred sixty hours of
2 11 community service.
2 12 (2) A person convicted of a second or subsequent offense
2 13 shall be ordered to perform three hundred twenty hours of
2 14 community service.
2 15 Notwithstanding section 901.5 and section 907.3, community
2 16 service ordered under this section shall not be deferred or
2 17 suspended.
2 18 b. A person convicted of a second or subsequent offense
2 19 shall be ordered to undergo a substance abuse evaluation prior
2 20 to sentencing. If a person is convicted of a third or
2 21 subsequent offense or if the evaluation recommends treatment,
2 22 the offender may be committed to the custody of the director
2 23 of the department of corrections, who, if the sentence is not
2 24 suspended, shall assign the person to a facility pursuant to
2 25 section 904.513 or the offender may be committed to treatment
2 26 in the community under the provisions of section 907.6.
2 27 c. A minimum term of imprisonment in a county jail or
2 28 community-based correctional facility imposed on a person
2 29 convicted of a second or subsequent offense under subsection
2 30 2, paragraph "b" or "c", shall be served on consecutive days.
2 31 However, if the sentencing court finds that service of the
2 32 full minimum term on consecutive days would work an undue
2 33 hardship on the person, or finds that sufficient jail space is
2 34 not available and is not reasonably expected to become
2 35 available within four months after sentencing to incarcerate
3 1 the person serving the minimum sentence on consecutive days,
3 2 the court may order the person to serve not less than forty-
3 3 eight consecutive hours of the minimum term and to perform a
3 4 specified number of hours of unpaid community service as
3 5 deemed appropriate by the sentencing court.
3 6 EXPLANATION
3 7 This bill amends Code section 321J.2 to provide that all
3 8 persons convicted of operating a motor vehicle while
3 9 intoxicated shall be ordered to perform community service.
3 10 LSB 1401HH 77
3 11 jls/sc/14
Text: HF00246 Text: HF00248 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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