Text: HF00706                           Text: HF00708
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 707

Partial Bill History

• Bill Introduced: H.J. 697
• Committee Report Issued: S.J. 1003
• Passed House: H.J. 835 H.J. 1446
• Passed Senate: S.J. 1104 S.J. 1352
• Signed by Governor: H.J. 9999
• Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.12, Code 1997, is amended to read
  1  2 as follows:
  1  3    321.12  OBSOLETE RECORDS DESTROYED.
  1  4    1.  The director may destroy any records of the department
  1  5 which have been maintained on file for three years which the
  1  6 director deems obsolete and of no further service in carrying
  1  7 out the powers and duties of the department, except as
  1  8 otherwise provided in this section.
  1  9    2.  However, operating Operating records relating to a
  1 10 person who has been issued a commercial driver's license shall
  1 11 be maintained on file in accordance with rules adopted by the
  1 12 department.
  1 13    3.  The following records may be destroyed according to the
  1 14 following requirements:
  1 15    a.  Records concerning suspensions authorized under section
  1 16 321.210, subsection 1, paragraph "g", and section 321.210A may
  1 17 be destroyed six months after the suspension is terminated and
  1 18 the requirements of section 321.191 have been satisfied.
  1 19    b.  Records concerning suspensions and surrender of
  1 20 licenses or registrations required under section 321A.31 for
  1 21 failing to maintain proof of financial responsibility, as
  1 22 defined in section 321A.1, may be destroyed six months after
  1 23 the requirements of sections 321.191 and 321A.29 have been
  1 24 satisfied.
  1 25    4.  The director shall not destroy any operating records
  1 26 pertaining to arrests or convictions for operating while
  1 27 intoxicated, in violation of section 321J.2, which are more
  1 28 than twelve years old.  The twelve-year period shall commence
  1 29 with the date of the arrest or conviction for the offense,
  1 30 whichever first occurs.  However, the director shall not
  1 31 destroy operating records which pertain to arrests or
  1 32 convictions for operating while intoxicated after the
  1 33 expiration of twelve years when the motor vehicle being
  1 34 operated was a commercial motor vehicle or if all of the
  1 35 provisions of the court order have not been satisfied.
  2  1    The director shall destroy any or operating records
  2  2 pertaining to revocations for violations of section 321J.2A
  2  3 which are more than twelve years old.  The twelve-year period
  2  4 shall commence with the date the revocation of the person's
  2  5 operating privileges becomes effective.  This paragraph shall
  2  6 not apply to records of revocations which pertain to
  2  7 violations of section 321J.2A by persons operating a
  2  8 commercial motor vehicle, except that a conviction or
  2  9 revocation under section 321J.2 shall be deleted from the
  2 10 operating records twelve years after the date of conviction or
  2 11 the effective date of revocation.
  2 12    Sec. 2.  Section 321.555, subsection 1, paragraph c, Code
  2 13 1997, is amended to read as follows:
  2 14    c.  Driving a motor vehicle while the person's motor
  2 15 vehicle license is suspended, denied, revoked, or barred.
  2 16    Sec. 3.  NEW SECTION.  321J.1A  PUBLICATION OF LAW.
  2 17    1.  The department of public safety, the governor's traffic
  2 18 safety bureau, the state department of transportation, the
  2 19 governor, and the attorney general shall cooperate in an
  2 20 ongoing public education campaign to inform the citizens of
  2 21 this state of the dangers and the specific legal consequences
  2 22 of driving drunk in this state.  The entities shall use their
  2 23 best efforts to utilize all available opportunities for making
  2 24 public service announcements on television and radio
  2 25 broadcasts, and to obtain and utilize federal funds for
  2 26 highway safety and other grants in conducting the public
  2 27 education campaign.
  2 28    2.  The department shall publish pamphlets containing the
  2 29 criminal and administrative penalties for drunk driving, and
  2 30 related laws, rules, instructions, and explanatory matter.
  2 31 This information may be included in pamphlets containing
  2 32 information related to other motor vehicle laws, published
  2 33 pursuant to section 321.15.  Copies of such pamphlets shall be
  2 34 given wide distribution, and a supply shall be made available
  2 35 to each county treasurer.
  3  1    Sec. 4.  Section 321J.2, subsections 2 through 5, Code
  3  2 1997, are amended to read as follows:
  3  3    2.  A person who violates this section subsection 1
  3  4 commits:
  3  5    a.  A serious misdemeanor for the first offense and shall
  3  6 be imprisoned, punishable by all of the following:
  3  7    (1)  Imprisonment in the county jail for not less than
  3  8 forty-eight hours, to be served as ordered by the court, less
  3  9 credit for any time the person was confined in a jail or
  3 10 detention facility following arrest, and assessed.  However,
  3 11 the court, in ordering service of the sentence and in its
  3 12 discretion, may accommodate the defendant's work schedule.
  3 13    (2)  Assessment of a fine of not less than five hundred
  3 14 dollars nor more than one thousand dollars.  However, in the
  3 15 discretion of the court, if no personal or property injury has
  3 16 resulted from the defendant's actions, up to five hundred
  3 17 dollars of the fine may be waived.  As an alternative to a
  3 18 portion or all of the fine, the court may order the person to
  3 19 perform not more than two hundred hours of unpaid community
  3 20 service.  The court may accommodate the sentence to the work
  3 21 schedule of the defendant.
  3 22    (3)  Revocation of the person's motor vehicle license
  3 23 pursuant to section 321J.4, subsection 1, section 321J.9, or
  3 24 section 321J.12, which includes a minimum revocation period of
  3 25 one hundred eighty days, including a minimum period of
  3 26 ineligibility for a temporary restricted license of thirty
  3 27 days, and may involve a revocation period of one year.
  3 28    (4)  Assignment to substance abuse evaluation and
  3 29 treatment, a course for drinking drivers, and, if available
  3 30 and appropriate, a reality education substance abuse
  3 31 prevention program pursuant to subsection 2A.
  3 32    b.  An aggravated misdemeanor for a second offense, and
  3 33 shall be imprisoned in the county jail or community-based
  3 34 correctional facility not less than seven days, which minimum
  3 35 term cannot be suspended notwithstanding section 901.5,
  4  1 subsection 3 and section 907.3, subsection 3, and assessed a
  4  2 fine of not less than seven one thousand five hundred fifty
  4  3 dollars nor more than five thousand dollars.
  4  4    c.  A class "D" felony for a third offense and each
  4  5 subsequent offense, and shall be imprisoned in the county jail
  4  6 for a determinate sentence of not more than one year but not
  4  7 less than thirty days, or committed to the custody of the
  4  8 director of the department of corrections, and assessed a fine
  4  9 of not less than seven two thousand five hundred fifty dollars
  4 10 nor more than seven thousand five hundred dollars.  The
  4 11 minimum jail term of thirty days cannot be suspended
  4 12 notwithstanding section 901.5, subsection 3, and section
  4 13 907.3, subsection 3, however, the person sentenced shall
  4 14 receive credit for any time the person was confined in a jail
  4 15 or detention facility following arrest.  If a person is
  4 16 committed to the custody of the director of the department of
  4 17 corrections pursuant to this paragraph and the sentence is
  4 18 suspended, the sentencing court shall order that the offender
  4 19 serve the thirty-day minimum term in the county jail.  If the
  4 20 sentence which commits the person to the custody of the
  4 21 director of the department of corrections is later imposed by
  4 22 the court, all time served in a county jail toward the thirty-
  4 23 day minimum term shall count as time served toward the
  4 24 sentence which committed the person to the custody of the
  4 25 director of the department of corrections.  A person convicted
  4 26 of a second or subsequent offense shall be ordered to undergo
  4 27 a substance abuse evaluation prior to sentencing.  If a A
  4 28 person is convicted of a third or subsequent offense or if the
  4 29 evaluation recommends treatment, the offender may be committed
  4 30 to the custody of the director of the department of
  4 31 corrections, who, if the sentence is not suspended, shall
  4 32 assign the person to a facility pursuant to section 904.513 or
  4 33 the offender may be committed to treatment in the community
  4 34 under the provisions of section 907.6.
  4 35    2A.  a.  Notwithstanding the provisions of sections 901.5
  5  1 and 907.3, the court shall not defer judgment or sentencing,
  5  2 or suspend execution of any part of the sentence applicable to
  5  3 the defendant under subsection 2 if any of the following
  5  4 apply:
  5  5    (1)  If the defendant's alcohol concentration established
  5  6 by the results of an analysis of a specimen of the defendant's
  5  7 blood, breath, or urine withdrawn in accordance with this
  5  8 chapter exceeds .15.
  5  9    (2)  If the defendant has previously been convicted of a
  5 10 violation of subsection 1 or a statute in another state
  5 11 substantially corresponding to subsection 1.
  5 12    (3)  If the defendant has previously received a deferred
  5 13 judgment or sentence for a violation of subsection 2 or for a
  5 14 violation of a statute in another state substantially
  5 15 corresponding to subsection 2.
  5 16    (4)  If the defendant refused to consent to testing
  5 17 requested in accordance with section 321J.6.
  5 18    (5)  If the offense under chapter 321J results in bodily
  5 19 injury to a person other than the defendant.
  5 20    b.  All persons convicted of an offense under subsection 2
  5 21 shall be ordered, at the person's expense, to undergo, prior
  5 22 to sentencing, a substance abuse evaluation.
  5 23    c.  Where the program is available and is appropriate for
  5 24 the convicted person, a person convicted of an offense under
  5 25 subsection 2 shall be ordered to participate in a reality
  5 26 education substance abuse prevention program as provided in
  5 27 section 321J.24.
  5 28    d.  A minimum term of imprisonment in a county jail or
  5 29 community-based correctional facility imposed on a person
  5 30 convicted of a second or subsequent offense under paragraph
  5 31 "b" or "c" subsection 2 shall be served on consecutive days.
  5 32 However, if the sentencing court finds that service of the
  5 33 full minimum term on consecutive days would work an undue
  5 34 hardship on the person, or finds that sufficient jail space is
  5 35 not available and is not reasonably expected to become
  6  1 available within four months after sentencing to incarcerate
  6  2 the person serving the minimum sentence on consecutive days,
  6  3 the court may order the person to serve not less than forty-
  6  4 eight consecutive hours of the minimum term in segments of at
  6  5 least forty-eight hours and to perform a specified number of
  6  6 hours of unpaid community service as deemed appropriate by the
  6  7 sentencing court.
  6  8    3.  No conviction for, deferred judgment for, or plea of
  6  9 guilty to, a violation of this section which occurred more
  6 10 than six years prior to the date of the violation charged
  6 11 shall be considered in determining that the violation charged
  6 12 is a second, third, or subsequent offense.  For the purpose of
  6 13 In determining if a violation charged is a second, third, or
  6 14 subsequent offense, deferred for purposes of criminal
  6 15 sentencing or license revocation under this chapter:
  6 16    a.  Any conviction or revocation deleted from motor vehicle
  6 17 operating records pursuant to section 321.12 shall not be
  6 18 considered as a previous offense.
  6 19    b.  Deferred judgments entered pursuant to section 907.3
  6 20 for violations of this section and convictions shall be
  6 21 counted as previous offenses.
  6 22    c.  Convictions or the equivalent of deferred judgments for
  6 23 violations in any other states under statutes substantially
  6 24 corresponding to this section shall be counted as previous
  6 25 offenses.  The courts shall judicially notice the statutes of
  6 26 other states which define offenses substantially equivalent to
  6 27 the one defined in this section and can therefore be
  6 28 considered corresponding statutes.  Each previous violation on
  6 29 which conviction or deferral of judgment was entered prior to
  6 30 the date of the violation charged shall be considered and
  6 31 counted as a separate previous offense.
  6 32    4.  A person shall not be convicted and sentenced for more
  6 33 than one violation of this section for actions arising out of
  6 34 the same event or occurrence, even if the violation is shown
  6 35 to have been committed by either or both of the means
  7  1 described event or occurrence involves more than one of the
  7  2 conditions specified in subsection 1 in the same occurrence.
  7  3    5.  The clerk of the district court shall immediately
  7  4 certify to the department a true copy of each order entered
  7  5 with respect to deferral of judgment, deferral of sentence, or
  7  6 pronouncement of judgment and sentence for a defendant under
  7  7 this section.
  7  8    Sec. 5.  Section 321J.2, subsection 8, Code 1997, is
  7  9 amended to read as follows:
  7 10    8.  a.  The In addition to any fine or penalty imposed
  7 11 under this chapter, the court shall order a defendant
  7 12 convicted of or receiving a deferred judgment for a violation
  7 13 of this section to make restitution, in an amount not to
  7 14 exceed two thousand dollars, for damages resulting directly
  7 15 from the violation, to the victim, pursuant to chapter 910.
  7 16 An amount paid pursuant to this restitution order shall be
  7 17 credited toward any adverse judgment in a subsequent civil
  7 18 proceeding arising from the same occurrence.  However, other
  7 19 than establishing a credit, a restitution proceeding pursuant
  7 20 to this section shall not be given evidentiary or preclusive
  7 21 effect in a subsequent civil proceeding arising from the same
  7 22 occurrence.
  7 23    b.  The court may order restitution paid to any public
  7 24 agency for the costs of the emergency response resulting from
  7 25 the actions constituting a violation of this section, not
  7 26 exceeding five hundred dollars per public agency for each such
  7 27 response.  For the purposes of this paragraph, "emergency
  7 28 response" means any incident requiring response by fire
  7 29 fighting, law enforcement, ambulance, medical, or other
  7 30 emergency services.  A public agency seeking such restitution
  7 31 shall consult with the county attorney regarding the expenses
  7 32 incurred by the public agency, and the county attorney may
  7 33 include the expenses in the statement of pecuniary damages
  7 34 pursuant to section 910.3.
  7 35    Sec. 6.  Section 321J.3, Code 1997, is amended to read as
  8  1 follows:
  8  2    321J.3  COURT ORDERED SUBSTANCE SUBSTANCE ABUSE EVALUATION
  8  3 OR TREATMENT.
  8  4    1.  On a conviction for a violation of section 321J.2, the
  8  5 court may order the defendant to attend a course for drinking
  8  6 drivers under section 321J.22.  If the defendant submitted to
  8  7 a chemical test on arrest for the violation of section 321J.2
  8  8 and the test indicated an alcohol concentration of .20 or
  8  9 higher, or if the defendant is charged with a second or
  8 10 subsequent offense, the court shall order the defendant, on
  8 11 conviction, to undergo a substance abuse evaluation and the
  8 12 court shall order the defendant
  8 13    1.  a.  In addition to orders issued pursuant to section
  8 14 321J.2, subsection 2A, and section 321J.17, the court shall
  8 15 order any defendant convicted under section 321J.2 to follow
  8 16 the recommendations proposed in the substance abuse evaluation
  8 17 for appropriate substance abuse treatment for the defendant.
  8 18 Court-ordered substance abuse treatment is subject to the
  8 19 periodic reporting requirements of section 125.86.
  8 20    b.  If a defendant is committed by the court to a substance
  8 21 abuse treatment facility, the administrator of the facility
  8 22 shall report to the court when it is determined that the
  8 23 defendant has received the maximum benefit of treatment at the
  8 24 facility and the defendant shall be released from the
  8 25 facility.  The time for which the defendant is committed for
  8 26 treatment shall be credited against the defendant's sentence.
  8 27    c.  The court may prescribe the length of time for the
  8 28 evaluation and treatment or it may request that the community
  8 29 college conducting the course for drinking drivers which the
  8 30 person is ordered to attend or the treatment program to which
  8 31 the person is committed immediately report to the court when
  8 32 the person has received maximum benefit from the course for
  8 33 drinking drivers or treatment program or has recovered from
  8 34 the person's addiction, dependency, or tendency to chronically
  8 35 abuse alcohol or drugs.
  9  1    d.  Upon successfully completing or attending a course for
  9  2 drinking drivers or an ordered substance abuse treatment
  9  3 program, a court may place the person may be placed on
  9  4 probation for six months and as a condition of probation, the
  9  5 person shall attend a program providing posttreatment services
  9  6 relating to substance abuse as approved by the court.
  9  7    e.  A person committed under this section who does not
  9  8 possess sufficient income or estate to make payment of the
  9  9 costs of the treatment in whole or in part shall be considered
  9 10 a state patient and the costs of treatment shall be paid as
  9 11 provided in section 125.44.
  9 12    f.  A defendant who fails to carry out the order of the
  9 13 court or who fails to successfully complete or attend a course
  9 14 for drinking drivers or an ordered substance abuse treatment
  9 15 program shall be confined in the county jail for twenty days
  9 16 in addition to any other imprisonment ordered by the court or
  9 17 may be ordered to perform unpaid community service work, and
  9 18 shall be placed on probation for one year with a violation of
  9 19 this probation punishable as contempt of court.
  9 20    g.  In addition to any other condition of probation, the
  9 21 person shall attend a program providing substance abuse
  9 22 prevention services or posttreatment services related to
  9 23 substance abuse as ordered by the court.  The person shall
  9 24 report to the person's probation officer as ordered concerning
  9 25 proof of attendance at the treatment program or posttreatment
  9 26 program ordered by the court.  Failure to attend or complete
  9 27 the program shall be considered a violation of probation and
  9 28 is punishable as contempt of court.
  9 29    2.  a.  As a condition of a suspended sentence or portion
  9 30 of sentence for Upon a second, third, or subsequent offense in
  9 31 violation of section 321J.2, the court upon hearing may commit
  9 32 the defendant for inpatient treatment of alcoholism or drug
  9 33 addiction or dependency to any hospital, institution, or
  9 34 community correctional facility in Iowa providing such
  9 35 treatment.  The time for which the defendant is committed for
 10  1 treatment shall be credited against the defendant's sentence.
 10  2    b.  The court may prescribe the length of time for the
 10  3 evaluation and treatment or it may request that the hospital
 10  4 to which the person is committed immediately report to the
 10  5 court when the person has received maximum benefit from the
 10  6 program of the hospital or institution or has recovered from
 10  7 the person's addiction, dependency, or tendency to chronically
 10  8 abuse alcohol or drugs.
 10  9    c.  A person committed under this section who does not
 10 10 possess sufficient income or estate to make payment of the
 10 11 costs of the treatment in whole or in part shall be considered
 10 12 a state patient and the costs of treatment shall be paid as
 10 13 provided in section 125.44.
 10 14    Sec. 7.  Section 321J.3, Code 1997, is amended by adding
 10 15 the following new subsection:
 10 16    NEW SUBSECTION.  3.  The state department of
 10 17 transportation, in cooperation with the judicial department,
 10 18 shall adopt rules, pursuant to the procedure in section
 10 19 125.33, regarding the assignment of persons ordered under
 10 20 section 321J.17 to submit to substance abuse evaluation and
 10 21 treatment.  The rules shall be applicable only to persons
 10 22 other than those committed to the custody of the director of
 10 23 the department of corrections under section 321J.2.  The rules
 10 24 shall be consistent with the practices and procedures of the
 10 25 judicial department in sentencing persons to substance abuse
 10 26 evaluation and treatment under section 321J.2.  The rules
 10 27 shall include the requirement that the treatment programs
 10 28 utilized by a person pursuant to an order of the department
 10 29 meet the licensure standards of the division of substance
 10 30 abuse for the department of public health.  The rules shall
 10 31 also include provisions for payment of costs by the offenders,
 10 32 including insurance reimbursement on behalf of offenders, or
 10 33 other forms of funding, and shall also address reporting
 10 34 requirements of the facility, consistent with the provisions
 10 35 of sections 125.84 and 125.86.  The department shall be
 11  1 entitled to treatment information contained in reports to the
 11  2 department, notwithstanding any provision of chapter 125 that
 11  3 would restrict department access to treatment information and
 11  4 records.
 11  5    Sec. 8.  Section 321J.4, subsection 1, Code 1997, is
 11  6 amended to read as follows:
 11  7    1.  If a defendant is convicted of a violation of section
 11  8 321J.2 and the defendant's motor vehicle license or
 11  9 nonresident operating privilege has not been revoked under
 11 10 section 321J.9 or 321J.12 for the occurrence from which the
 11 11 arrest arose, the department shall revoke the defendant's
 11 12 motor vehicle license or nonresident operating privilege for
 11 13 one hundred eighty days if the defendant has had no previous
 11 14 conviction or revocation under this chapter within the
 11 15 previous six years and the.  The defendant shall not be
 11 16 eligible for any temporary restricted license for at least
 11 17 thirty days after the effective date of the revocation if a
 11 18 test was obtained, and for at least ninety days if a test was
 11 19 refused.  If the defendant is under the age of twenty-one, the
 11 20 defendant shall not be eligible for a temporary restricted
 11 21 license for at least sixty days after the effective date of
 11 22 revocation.
 11 23    1A.  If a defendant is convicted of a violation of section
 11 24 321J.2, and the defendant's motor vehicle license or
 11 25 nonresident operating privilege has not already been revoked
 11 26 under section 321J.9 or 321J.12 for the occurrence from which
 11 27 the arrest arose, the department shall revoke the defendant's
 11 28 motor vehicle license or nonresident operating privilege for
 11 29 one year two years if the defendant has had one or more a
 11 30 previous convictions conviction or revocations revocation
 11 31 under this chapter within the previous six years.  The
 11 32 defendant shall not be eligible for any temporary restricted
 11 33 license during the entire one-year revocation period for one
 11 34 year after the effective date of revocation.  The defendant
 11 35 shall be ordered to install an ignition interlock device of a
 12  1 type approved by the commissioner of public safety on all
 12  2 vehicles owned by the defendant if the defendant seeks a
 12  3 temporary restricted license at the end of the minimum period
 12  4 of ineligibility.  A temporary restricted license shall not be
 12  5 granted by the department until the defendant installs the
 12  6 ignition interlock device.
 12  7    Sec. 9.  Section 321J.4, subsection 3, Code 1997, is
 12  8 amended to read as follows:
 12  9    3.  a.  Upon a plea or verdict of guilty of a third or
 12 10 subsequent violation of section 321J.2, the court shall order
 12 11 the department to revoke the defendant's motor vehicle license
 12 12 or nonresident operating privilege for a period of six years.
 12 13 The defendant shall not be eligible for a temporary restricted
 12 14 license for at least one year after the effective date of the
 12 15 revocation.  The court shall require the defendant to
 12 16 surrender to it all Iowa licenses or permits held by the
 12 17 defendant, which the court shall forward to the department
 12 18 with a copy of the order for revocation.  The defendant shall
 12 19 be ordered to install an ignition interlock device of a type
 12 20 approved by the commissioner of public safety on all vehicles
 12 21 owned by the defendant if the defendant seeks a temporary
 12 22 restricted license at the end of the minimum period of
 12 23 ineligibility.  A temporary restricted license shall not be
 12 24 granted by the department until the defendant installs the
 12 25 ignition interlock device.
 12 26    b.  After two years from the date of the order for
 12 27 revocation, the defendant may apply to the court for
 12 28 restoration of the defendant's eligibility for a motor vehicle
 12 29 license.  The application may be granted only if all of the
 12 30 following are shown by the defendant by a preponderance of the
 12 31 evidence:
 12 32    (1)  The defendant has completed an evaluation and, if
 12 33 recommended by the evaluation, a program of treatment for
 12 34 chemical dependency and is recovering, or has substantially
 12 35 recovered, from that dependency on or tendency to abuse
 13  1 alcohol or drugs.
 13  2    (2)  The defendant has not been convicted, since the date
 13  3 of the revocation order, of any subsequent violations of
 13  4 section 321J.2 or 123.46, or any comparable city or county
 13  5 ordinance, and the defendant has not, since the date of the
 13  6 revocation order, submitted to a chemical test under this
 13  7 chapter that indicated an alcohol concentration as defined in
 13  8 section 321J.1 of .10 or more, or refused to submit to
 13  9 chemical testing under this chapter.
 13 10    (3)  The defendant has abstained from the excessive
 13 11 consumption of alcoholic beverages and the consumption of
 13 12 controlled substances, except at the direction of a licensed
 13 13 physician or pursuant to a valid prescription.
 13 14    (4)  The defendant's motor vehicle license is not currently
 13 15 subject to suspension or revocation for any other reason.
 13 16    c.  The court shall forward to the department a record of
 13 17 any application submitted under paragraph "b" and the results
 13 18 of the court's disposition of the application.
 13 19    Sec. 10.  Section 321J.4, subsection 5, Code 1997, is
 13 20 amended to read as follows:
 13 21    5.  Upon a plea or verdict of guilty of a violation of
 13 22 section 321J.2 which involved a death, the court shall
 13 23 determine in open court, from consideration of the information
 13 24 in the file and any other evidence the parties may submit,
 13 25 whether a death occurred and, if so, whether the defendant's
 13 26 conduct in violation of section 321J.2 caused the death.  If
 13 27 the court so determines, the court shall order the department
 13 28 to revoke the defendant's motor vehicle license or nonresident
 13 29 operating privilege for a period of six years.  The defendant
 13 30 shall not be eligible for any temporary restricted license
 13 31 until the minimum period of ineligibility has expired under
 13 32 this section or section 321J.9, 321J.12, or 321J.20 for at
 13 33 least two years after the revocation.  The defendant shall
 13 34 surrender to the court any Iowa license or permit and the
 13 35 court shall forward it to the department with a copy of the
 14  1 order for revocation.
 14  2    Sec. 11.  Section 321J.4, subsection 7, Code 1997, is
 14  3 amended to read as follows:
 14  4    7.  a.  On a conviction for or as a condition of a deferred
 14  5 judgment for a violation of section 321J.2, the court may
 14  6 order the defendant to install ignition interlock devices of a
 14  7 type approved by the commissioner of public safety on all
 14  8 motor vehicles owned or operated by the defendant which,
 14  9 without tampering or the intervention of another person, would
 14 10 prevent the defendant from operating the motor vehicle with an
 14 11 alcohol concentration greater than a level set by rule of the
 14 12 commissioner of public safety.
 14 13    b.  The commissioner of public safety shall adopt rules to
 14 14 approve certain ignition interlock devices and the means of
 14 15 installation of the devices, and shall establish the level of
 14 16 alcohol concentration beyond which an ignition interlock
 14 17 device will not allow operation of the motor vehicle in which
 14 18 it is installed.
 14 19    c.  The order to install ignition interlock devices shall
 14 20 remain in effect for a period of time as determined by the
 14 21 court which shall not exceed the maximum term of imprisonment
 14 22 which the court could have imposed according to the nature of
 14 23 the violation.  While the order is in effect, the defendant
 14 24 shall not operate a motor vehicle which does not have an
 14 25 approved ignition interlock device installed.
 14 26    d.  If the defendant's motor vehicle license or nonresident
 14 27 operating privilege has been revoked, the department shall not
 14 28 issue a temporary permit or a motor vehicle license to the
 14 29 person without certification that approved ignition interlock
 14 30 devices have been installed in all motor vehicles owned or
 14 31 operated by the defendant while the order is in effect.
 14 32    e.  A defendant who fails within a reasonable time to
 14 33 comply with an order to install an approved ignition interlock
 14 34 device may be declared in contempt of court and punished
 14 35 accordingly.
 15  1    f.  A person who tampers with or circumvents an ignition
 15  2 interlock device installed under a court order while an order
 15  3 is in effect commits a serious misdemeanor.
 15  4    Sec. 12.  Section 321J.4B, Code 1997, is amended to read as
 15  5 follows:
 15  6    321J.4B  MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION –
 15  7 PENALTY – LIABILITY OF VEHICLE OWNER.
 15  8    1.  For purposes of this section:
 15  9    a.  "Immobilized" means the installation of a device in a
 15 10 motor vehicle that completely prevents a motor vehicle from
 15 11 being operated, or the installation of an ignition interlock
 15 12 device of a type approved by the commissioner of public
 15 13 safety.
 15 14    b.  "Impoundment" means the process of seizure and
 15 15 confinement within an enclosed area of a motor vehicle, for
 15 16 the purpose of restricting access to the vehicle.
 15 17    c.  "Owner" means the registered titleholder of a motor
 15 18 vehicle; except in the case where a rental or leasing agency
 15 19 is the registered titleholder, in which case the lessee of the
 15 20 vehicle shall be treated as the owner of the vehicle for
 15 21 purposes of this section.
 15 22    2.  A motor vehicle is subject to impoundment in the
 15 23 following circumstances:
 15 24    a.  If a person is convicted of a operates a vehicle in
 15 25 violation of section 321J.2, and if convicted for that
 15 26 conduct, the conviction would be a second, third, or
 15 27 subsequent offense of operating while intoxicated, the court
 15 28 shall order that any motor vehicles owned by the person and
 15 29 used to commit the offense and any other motor vehicle used
 15 30 under section 321J.2.
 15 31    b.  If a person operates a vehicle while that person's
 15 32 motor vehicle license or operating privilege has been
 15 33 suspended, denied, revoked, or barred due to a violation of
 15 34 section 321J.2.
 15 35    The clerk of court shall send notice of a conviction of an
 16  1 offense for which the vehicle was impounded to the impounding
 16  2 authority upon conviction of the defendant for such offense.
 16  3    Impoundment of the vehicle under this section may occur in
 16  4 addition to any criminal penalty imposed under chapter 321 or
 16  5 this chapter for the underlying criminal offense.
 16  6    3.  The motor vehicle operated by the person in the
 16  7 commission of the any offense included in subsection 2 may be
 16  8 immediately impounded or immobilized in accordance with this
 16  9 section.  For purposes of this section, "immobilized" means
 16 10 the installation of a device that completely prevents a motor
 16 11 vehicle from being operated, or the installation of an
 16 12 ignition interlock device, of a type approved by the
 16 13 commissioner of public safety, in a motor vehicle.
 16 14    a.  A person or agency taking possession of an impounded or
 16 15 immobilized motor vehicle shall do the following:
 16 16    (1)  Make an inventory of any property contained in the
 16 17 vehicle, according to the agency's inventory procedure.  The
 16 18 agency responsible for the motor vehicle shall also deliver a
 16 19 copy of the inventory to the county attorney.
 16 20    (2)  Contact all rental or leasing agencies registered as
 16 21 owners of the vehicle, as well as any parties registered as
 16 22 holders of a secured interest in the vehicle, in accordance
 16 23 with subsection 12.
 16 24    b.  The county attorney shall file a copy of the inventory
 16 25 with the district court as part of each file related to
 16 26 criminal charges filed under this section.
 16 27    4.  An owner of a motor vehicle impounded or immobilized
 16 28 under this section, who knows of, should have known of, or
 16 29 gives consent to the operation of, the motor vehicle in
 16 30 violation of subsection 2, paragraph "b", shall be:
 16 31    a.  Guilty of a simple misdemeanor, and
 16 32    b.  Jointly and severally liable for any damages caused by
 16 33 the person who operated the motor vehicle, subject to the
 16 34 provisions of chapter 668.
 16 35    5.  a.  The following persons shall be entitled to
 17  1 immediate return of the motor vehicle without payment of costs
 17  2 associated with the impoundment or immobilization of the
 17  3 vehicle:
 17  4    (1)  The owner of the motor vehicle, if the person who
 17  5 operated the motor vehicle is not a co-owner of the motor
 17  6 vehicle.
 17  7    (2)  A motor vehicle rental or leasing agency that owns the
 17  8 vehicle.
 17  9    (3)  A person who owns the motor vehicle and who is charged
 17 10 but is not convicted of the violation of section 321.218,
 17 11 321.561, 321A.32, 321J.2, or 321J.21, which resulted in the
 17 12 impoundment or immobilization of the motor vehicle under this
 17 13 section.
 17 14    2. b.  The Upon conviction of the defendant for a violation
 17 15 of subsection 2, paragraph "a", the court may order continued
 17 16 impoundment, or the immobilization, of the motor vehicle used
 17 17 in the commission of the offense, if the convicted person is
 17 18 the owner of the motor vehicle, and shall specify all of the
 17 19 following in the order:
 17 20    a. (1)  The motor vehicles vehicle that are is subject to
 17 21 the order.
 17 22    b. (2)  The period of impoundment or immobilization.
 17 23    c. (3)  The person or agency responsible for carrying out
 17 24 the order requiring continued impoundment, or the
 17 25 immobilization, of the motor vehicle.
 17 26    c.  If a the vehicle which is to be impounded or
 17 27 immobilized subject to the order is in the custody of a law
 17 28 enforcement agency, the court shall designate that agency as
 17 29 the responsible agency.  If the vehicle is not in the custody
 17 30 of a law enforcement agency, the person or agency responsible
 17 31 for carrying out the order shall be any person deemed
 17 32 appropriate by the court, including but not limited to a law
 17 33 enforcement agency with jurisdiction over the area in which
 17 34 the residence of the vehicle owner is located.  The person or
 17 35 agency responsible for carrying out the order shall determine
 18  1 whether the motor vehicle shall be impounded or immobilized.
 18  2    3. d.  The period of impoundment or immobilization of a
 18  3 motor vehicle under this section shall be the period of
 18  4 license revocation imposed upon the person convicted of the
 18  5 offense or one hundred eighty days, whichever period is
 18  6 longer.  The impoundment or immobilization period shall
 18  7 commence on the day that the vehicle is actually first
 18  8 impounded or immobilized.
 18  9    4. e.  The clerk of the district court shall send a copy of
 18 10 the order to the department, the person convicted of the
 18 11 offense, the motor vehicle owner if the owner is not the
 18 12 person convicted, and the person or agency responsible for
 18 13 executing the order for impoundment or immobilization, and any
 18 14 holders of any security interests in the vehicle.
 18 15    5.  If the vehicle to be impounded or immobilized is in the
 18 16 custody of a law enforcement agency, the agency shall
 18 17 immobilize or impound the vehicle upon receipt of the order,
 18 18 seize the motor vehicle's license plates and registration, and
 18 19 shall send or deliver the vehicle's license plates and
 18 20 registration to the department.
 18 21    6. f.  If the vehicle to be impounded or immobilized
 18 22 subject to the court order is not in the custody of a law
 18 23 enforcement agency, the person or agency designated in the
 18 24 order as the person or agency responsible for executing the
 18 25 order shall, upon receipt of the order, promptly locate the
 18 26 vehicle specified in the order, seize the motor vehicle and
 18 27 the license plates, and send or deliver the vehicle's license
 18 28 plates to the department.
 18 29    7.  If the vehicle is located at a place other than the
 18 30 place at which the impoundment or immobilization court order
 18 31 is to be carried out, the person or agency responsible for
 18 32 executing the order shall arrange for the vehicle to be moved
 18 33 to the place of impoundment or immobilization.  When the
 18 34 vehicle is found, is impounded or immobilized, and is at the
 18 35 place of impoundment or immobilization, the person or agency
 19  1 responsible for executing the order shall notify the clerk of
 19  2 the date on which the order was executed.  The clerk shall
 19  3 notify the department of the date on which the order was
 19  4 executed.
 19  5    8. g.  Upon receipt of the a court order for impoundment or
 19  6 immobilization and seizure of the motor vehicle, if the agency
 19  7 responsible for carrying out the order determines that the
 19  8 motor vehicle is to be impounded for continued impoundment or
 19  9 immobilization of the motor vehicle, the agency shall review
 19 10 the value of the vehicle in relation to the costs associated
 19 11 with the period of impoundment of the motor vehicle specified
 19 12 in the order.  If the agency determines that the costs of
 19 13 impoundment of the motor vehicle exceed the actual wholesale
 19 14 value of the motor vehicle, the agency may treat the vehicle
 19 15 as an abandoned vehicle pursuant to section 321.89.  If the
 19 16 agency elects to treat the motor vehicle as abandoned, the
 19 17 agency shall notify the registered owner of the motor vehicle
 19 18 that the vehicle shall be deemed abandoned and shall be sold
 19 19 in the manner provided in section 321.89 if payment of the
 19 20 total cost of impoundment is not received within twenty-one
 19 21 days of the mailing of the notice.  The agency shall provide
 19 22 documentation regarding the valuation of the vehicle and the
 19 23 costs of impoundment.  This paragraph shall not apply to
 19 24 vehicles that are immobilized pursuant to this section or if
 19 25 subsection 15 or 16 12, paragraph "a" or "b", applies.
 19 26    6.  Upon conviction of the defendant for a second or
 19 27 subsequent violation of subsection 2, paragraph "b", the court
 19 28 shall order, if the convicted person is the owner of the motor
 19 29 vehicle used in the commission of the offense, that that motor
 19 30 vehicle be seized and forfeited to the state pursuant to
 19 31 chapters 809 and 809A.
 19 32    9. 7.  a.  Upon receipt of a notice of conviction of the
 19 33 defendant for a violation of subsection 2, the impounding
 19 34 authority shall seize the motor vehicle's license plates and
 19 35 registration, and shall send or deliver them to the
 20  1 department.
 20  2    b.  The department shall destroy license plates received
 20  3 under this section and shall not authorize the release of the
 20  4 vehicle or the issuance of new license plates for the vehicle
 20  5 until the period of impoundment or immobilization has expired,
 20  6 and the fee and costs assessed under subsection 10 have been
 20  7 paid.  The fee for issuance of new license plates and
 20  8 certificates of registration shall be the same as for the
 20  9 replacement of lost, mutilated, or destroyed license plates
 20 10 and certificates of registration.
 20 11    10. 8.  a.  Except where the person who is convicted of
 20 12 operating while intoxicated and being a second or subsequent
 20 13 offender is not lawfully in possession of the motor vehicle,
 20 14 the owner of any motor vehicle that is impounded or
 20 15 immobilized under this section shall be assessed Upon
 20 16 conviction for a violation of subsection 2, the court shall
 20 17 assess the defendant, in addition to any other penalty, a fee
 20 18 of one hundred dollars plus the cost of any expenses for
 20 19 towing, storage, and any other costs of impounding or
 20 20 immobilizing the motor vehicle, to be paid to the clerk of the
 20 21 district court.
 20 22    b.  The person or agency responsible for carrying out the
 20 23 order impoundment or immobilization under this section shall
 20 24 inform the court of the costs of towing, storage, and any
 20 25 other costs of impounding or immobilizing the motor vehicle.
 20 26 Upon payment of the fee and costs, the clerk shall forward a
 20 27 copy of the receipt to the department.
 20 28    11. c.  If a law enforcement agency impounds or immobilizes
 20 29 a motor vehicle, the amount of the fee and expenses deposited
 20 30 with the clerk shall be paid by the clerk to the law
 20 31 enforcement agency responsible for executing the order to
 20 32 reimburse the agency for costs incurred for impoundment or
 20 33 immobilization equipment and, if required, in sending officers
 20 34 to search for and locate the vehicle specified in the
 20 35 impoundment or immobilization order.
 21  1    12. 9.  Operating a motor vehicle on a street or highway in
 21  2 this state in violation of an order of impoundment or
 21  3 immobilization is a serious misdemeanor.  A motor vehicle
 21  4 which is subject to an order of impoundment or immobilization
 21  5 that is operated on a street or highway in this state in
 21  6 violation of the order shall be seized and forfeited to the
 21  7 state under chapters 809 and 809A.
 21  8    13. 10.  Once the period of impoundment or immobilization
 21  9 has expired, the owner of the motor vehicle shall have thirty
 21 10 days to claim the motor vehicle and pay the all fees and
 21 11 charges imposed under this section.  If the owner or the
 21 12 owner's designee has not claimed the vehicle and paid the all
 21 13 fees and charges imposed under this section within seven days
 21 14 from the date of expiration of the period, the clerk shall
 21 15 send written notification to the motor vehicle owner, at the
 21 16 owner's last known address, notifying the owner of the date of
 21 17 expiration of the period of impoundment or immobilization and
 21 18 of the period in which the motor vehicle must be claimed.  If
 21 19 the motor vehicle owner fails to claim the motor vehicle and
 21 20 pay the all fees and charges imposed within the thirty-day
 21 21 period, the motor vehicle shall be forfeited to the state
 21 22 under chapters 809 and 809A.
 21 23    14. 11.  a.  (1)  During the period of impoundment or
 21 24 immobilization, a person convicted of the offense of operating
 21 25 while intoxicated which resulted in the impoundment or
 21 26 immobilization the owner of an impounded or immobilized
 21 27 vehicle shall not sell or transfer the title of the motor
 21 28 vehicle which is subject to the order of impoundment or
 21 29 immobilization.  The
 21 30    (2)  A person convicted of the offense of operating while
 21 31 intoxicated an offense under subsection 2, shall also not
 21 32 purchase another motor vehicle or register any motor vehicle
 21 33 during the period of impoundment, or immobilization, or
 21 34 license revocation.
 21 35    PARAGRAPH DIVIDED.  Violation of this paragraph "a" is a
 22  1 serious misdemeanor.
 22  2    b.  If, during the period of impoundment or immobilization,
 22  3 the title to the motor vehicle which is the subject of the
 22  4 order is transferred by the foreclosure of a chattel mortgage,
 22  5 a sale upon execution, the cancellation of a conditional sales
 22  6 contract, or an order of a court, the court which enters the
 22  7 order that permits transfer of the title shall notify the
 22  8 department of the transfer of the title.  The department shall
 22  9 enter notice of the transfer of the title to the motor vehicle
 22 10 in the previous owner's vehicle registration record.
 22 11    15. 12.  Notwithstanding the other requirements of this
 22 12 section, if the owner of the motor vehicle is not the person
 22 13 who is convicted of the offense which resulted in the issuance
 22 14 of the order of impoundment or immobilization or the owner of
 22 15 the motor vehicle is a motor vehicle rental or leasing
 22 16 company, the owner, the owner's designee, or the rental or
 22 17 leasing company shall be permitted to submit a claim for
 22 18 return of the motor vehicle within twenty-four hours from
 22 19 receipt of the order for impoundment or immobilization.:
 22 20    a.  Upon learning the address or phone number of a rental
 22 21 or leasing company which owns a motor vehicle impounded or
 22 22 immobilized under this section, the peace officer, county
 22 23 attorney, or attorney general shall immediately contact the
 22 24 company to inform the company that the vehicle is available
 22 25 for return to the company.  The vehicle shall be returned to
 22 26 the owner, owner's designee, or rental or leasing company and
 22 27 the order for impoundment or immobilization shall be rescinded
 22 28 with respect to the particular motor vehicle, if the owner or
 22 29 owner's designee can prove to the satisfaction of the court
 22 30 that the owner did not know or should not have known that the
 22 31 vehicle was to be used in the commission of the offense of
 22 32 operating while intoxicated, or if the rental or leasing
 22 33 company did not know, should not have known, and did not
 22 34 consent to the operation of the motor vehicle used in the
 22 35 commission of the offense of operating while intoxicated.  For
 23  1 purposes of this section, unless the person convicted of the
 23  2 offense which results in the imposition of the order for
 23  3 impoundment or immobilization is not in lawful possession of
 23  4 the motor vehicle used in the commission of the offense, an
 23  5 owner of a motor vehicle shall be presumed to know that the
 23  6 vehicle was to be used by the person who is convicted of the
 23  7 offense, in the commission of the offense of operating while
 23  8 intoxicated.
 23  9    16. b.  Notwithstanding the requirements of this section,
 23 10 the The holder of a security interest in a vehicle which is
 23 11 impounded or immobilized pursuant to this section or forfeited
 23 12 in the manner provided in chapters 809 and 809A shall be
 23 13 notified of the impoundment, immobilization, or forfeiture
 23 14 within seventy-two hours of the seizure of the vehicle and
 23 15 shall have the right to claim the motor vehicle without
 23 16 payment of any fees or surcharges unless the value of the
 23 17 vehicle exceeds the value of the security interest held by the
 23 18 creditor.
 23 19    17. c.  Notwithstanding the requirements of this section,
 23 20 any Any of the following persons may make application to the
 23 21 court for permission to operate a motor vehicle, which is
 23 22 impounded or immobilized pursuant to this section, during the
 23 23 period of impoundment or immobilization, if the applicant's
 23 24 motor vehicle license or operating privilege has not been
 23 25 suspended, denied, or revoked, or barred, and an ignition
 23 26 interlock device of a type approved by the commissioner of
 23 27 public safety is installed in the motor vehicle prior to
 23 28 operation:
 23 29    a. (1)  A person, other than the person who committed the
 23 30 offense which resulted in the impoundment or immobilization,
 23 31 who is not a member of the immediate family of the person who
 23 32 committed the offense but is a joint owner of the motor
 23 33 vehicle.
 23 34    b. (2)  A member of the immediate family of the person who
 23 35 committed the offense which resulted in the impoundment or
 24  1 immobilization, if the member demonstrates that the motor
 24  2 vehicle that is subject to the order for impoundment or
 24  3 immobilization is the only motor vehicle possessed by the
 24  4 family.
 24  5    For purposes of this section, "a member of the immediate
 24  6 family" means a spouse, child, or parent of the person who
 24  7 committed the offense.
 24  8    18. 13.  The impoundment, immobilization, or forfeiture of
 24  9 a motor vehicle under this chapter does not constitute loss of
 24 10 use of a motor vehicle for purposes of any contract of
 24 11 insurance.
 24 12    Sec. 13.  Section 321J.7, Code 1997, is amended to read as
 24 13 follows:
 24 14    321J.7  DEAD OR UNCONSCIOUS PERSONS.
 24 15    A person who is dead, unconscious, or otherwise in a
 24 16 condition rendering the person incapable of consent or refusal
 24 17 is deemed not to have withdrawn the consent provided by
 24 18 section 321J.6, and the test may be given if a licensed
 24 19 physician certifies in advance of the test that the person is
 24 20 dead, unconscious, or otherwise in a condition rendering that
 24 21 person incapable of consent or refusal.  If the certification
 24 22 is oral, written certification shall be completed by the
 24 23 physician within a reasonable time of the test.
 24 24    Sec. 14.  Section 321J.9, subsections 1 and 2, Code 1997,
 24 25 are amended to read as follows:
 24 26    1.  If a person refuses to submit to the chemical testing,
 24 27 a test shall not be given, but the department, upon the
 24 28 receipt of the peace officer's certification, subject to
 24 29 penalty for perjury, that the officer had reasonable grounds
 24 30 to believe the person to have been operating a motor vehicle
 24 31 in violation of section 321J.2 or 321J.2A, that specified
 24 32 conditions existed for chemical testing pursuant to section
 24 33 321J.6, and that the person refused to submit to the chemical
 24 34 testing, shall revoke the person's motor vehicle license and
 24 35 any nonresident operating privilege for the following periods
 25  1 of time:
 25  2    a.  Two hundred forty days One year if the person has no
 25  3 previous revocation within the previous six years under this
 25  4 chapter; and
 25  5    b.  Five hundred forty days Two years if the person has one
 25  6 or more had a previous revocations within the previous six
 25  7 years revocation under this chapter.
 25  8    2.  a.  A person whose motor vehicle license or nonresident
 25  9 operating privileges are revoked for two hundred forty days
 25 10 under subsection 1, paragraph "a", shall not be eligible for a
 25 11 temporary restricted license for at least ninety days after
 25 12 the effective date of the revocation.  A person whose motor
 25 13 vehicle license or nonresident operating privileges are
 25 14 revoked for five hundred forty days under subsection 1,
 25 15 paragraph "b", shall not be eligible for a temporary
 25 16 restricted license for at least one year after the effective
 25 17 date of the revocation.
 25 18    b.  The defendant shall be ordered to install an ignition
 25 19 interlock device of a type approved by the commissioner of
 25 20 public safety on all vehicles owned or operated by the
 25 21 defendant if the defendant seeks a temporary restricted
 25 22 license at the end of the minimum period of ineligibility.  A
 25 23 temporary restricted license shall not be granted by the
 25 24 department until the defendant installs the ignition interlock
 25 25 device.
 25 26    Sec. 15.  Section 321J.12, subsection 1, paragraphs a and
 25 27 b, Code 1997, are amended to read as follows:
 25 28    a.  One hundred eighty days if the person has had no
 25 29 revocation within the previous six years under this chapter.
 25 30    b.  One year if the person has had one or more a previous
 25 31 revocations within the previous six years revocation under
 25 32 this chapter.
 25 33    Sec. 16.  Section 321J.12, subsection 5, Code 1997, is
 25 34 amended to read as follows:
 25 35    5.  Upon certification, subject to penalty of perjury, by
 26  1 the peace officer that there existed reasonable grounds to
 26  2 believe that the person had been operating a motor vehicle in
 26  3 violation of section 321J.2A, that there existed one or more
 26  4 of the necessary conditions for chemical testing described in
 26  5 section 321J.6, subsection 1, and that the person submitted to
 26  6 chemical testing and the test results indicated an alcohol
 26  7 concentration as defined in section 321J.1 of .02 or more but
 26  8 less than .10, the department shall revoke the person's motor
 26  9 vehicle license or operating privilege for a period of sixty
 26 10 days if the person has had no revocations within the previous
 26 11 six years previous revocation under section 321J.2A this
 26 12 chapter, and for a period of ninety days if the person has had
 26 13 one or more a previous revocations within the previous six
 26 14 years revocation under section 321J.2A this chapter.
 26 15    Sec. 17.  Section 321J.17, Code 1997, is amended to read as
 26 16 follows:
 26 17    321J.17  CIVIL PENALTY – DISPOSITION – LICENSE
 26 18 REINSTATEMENT.
 26 19    1.  When If the department revokes a person's motor vehicle
 26 20 license or nonresident operating privilege under this chapter,
 26 21 the department shall assess the person a civil penalty of two
 26 22 hundred dollars.  The money collected by the department under
 26 23 this section shall be transmitted to the treasurer of state
 26 24 who shall deposit one-half of the money in the separate fund
 26 25 established in section 912.14 and one-half of the money shall
 26 26 be deposited in the general fund of the state.  A motor
 26 27 vehicle license or nonresident operating privilege shall not
 26 28 be reinstated until the civil penalty has been paid.
 26 29    2.  If the department or a court orders the revocation of a
 26 30 person's motor vehicle license or nonresident operating
 26 31 privilege under this chapter, the department or court shall
 26 32 also order the person, at the person's own expense, to do the
 26 33 following:
 26 34    a.  Enroll, attend, and satisfactorily complete a course
 26 35 for drinking drivers, as provided in section 321J.22.
 27  1    b.  Submit to evaluation and treatment or rehabilitation
 27  2 services.
 27  3    The court or department may request that the community
 27  4 college conducting the course for drinking drivers which the
 27  5 person is ordered to attend immediately report to the court or
 27  6 department that the person has successfully completed the
 27  7 course for drinking drivers.  The court or department may
 27  8 request that the treatment program which the person attends
 27  9 periodically report on the defendant's attendance and
 27 10 participation in the program, as well as the status of
 27 11 treatment or rehabilitation.
 27 12    A motor vehicle license or nonresident operating privilege
 27 13 shall not be reinstated until proof of completion of the
 27 14 requirements of this subsection is presented to the
 27 15 department.
 27 16    Sec. 18.  Section 321J.20, subsection 1, unnumbered
 27 17 paragraph 1, Code 1997, is amended to read as follows:
 27 18    The department may, on application, issue a temporary
 27 19 restricted license to a person whose motor vehicle license is
 27 20 revoked under this chapter allowing the person to drive to and
 27 21 from the person's home and specified places at specified times
 27 22 which can be verified by the department and which are required
 27 23 by the person's full-time or part-time employment, continuing
 27 24 health care or the continuing health care of another who is
 27 25 dependent upon the person, continuing education while enrolled
 27 26 in an educational institution on a part-time or full-time
 27 27 basis and while pursuing a course of study leading to a
 27 28 diploma, degree, or other certification of successful
 27 29 educational completion, substance abuse treatment, and court-
 27 30 ordered community service responsibilities if the person's
 27 31 motor vehicle license has not been revoked previously under
 27 32 section 321J.4, 321J.9, or 321J.12 within the previous six
 27 33 years and if any of the following apply:
 27 34    Sec. 19.  Section 321J.20, subsection 1, paragraph a, Code
 27 35 1997, is amended to read as follows:
 28  1    a.  The person's motor vehicle license is revoked under
 28  2 section 321J.4, subsection 1, 2, 4, or 6, and the minimum
 28  3 period of ineligibility for issuance of a temporary restricted
 28  4 license has expired.  This subsection shall not apply to a
 28  5 revocation ordered under section 321J.4 resulting from a plea
 28  6 or verdict of guilty of a violation of section 321J.2 that
 28  7 involved a death.
 28  8    Sec. 20.  Section 321J.20, subsection 6, Code 1997, is
 28  9 amended to read as follows:
 28 10    6.  Following the certain minimum period periods of
 28 11 ineligibility, a temporary restricted license under this
 28 12 section shall not be issued until such time as the applicant
 28 13 installs an ignition interlock device of a type approved by
 28 14 the commissioner of public safety on all motor vehicles owned
 28 15 or operated by the applicant, in accordance with section
 28 16 321J.4, subsection 7.  Installation of an ignition interlock
 28 17 device under this section shall be required for the period of
 28 18 time for which the temporary restricted license is issued, but
 28 19 no longer than one year, unless the court order under section
 28 20 321J.4, subsection 7, provides for a longer period of time.
 28 21    Sec. 21.  Section 321J.21, Code 1997, is amended to read as
 28 22 follows:
 28 23    321J.21  DRIVING WHILE LICENSE SUSPENDED, DENIED, OR
 28 24 REVOKED, OR BARRED.
 28 25    1.  A person whose motor vehicle license or nonresident
 28 26 operating privilege has been suspended, denied, or revoked as
 28 27 provided in, or barred due to a violation of this chapter and
 28 28 who drives a motor vehicle upon the highways of this state
 28 29 while the license or privilege is suspended, denied, or
 28 30 revoked, or barred commits a serious misdemeanor, punishable
 28 31 with a mandatory fine of one thousand dollars.  The
 28 32    2.  In addition to the fine, the department, upon receiving
 28 33 the record of the conviction of a person under this section
 28 34 upon a charge of driving a motor vehicle while the license of
 28 35 the person was revoked or suspended, denied, revoked, or
 29  1 barred shall extend the period of revocation or suspension,
 29  2 denial, revocation, or bar for an additional like period, and
 29  3 the department shall not issue a new license during the
 29  4 additional period.
 29  5    Sec. 22.  Section 321J.22, Code 1997, is amended to read as
 29  6 follows:
 29  7    321J.22  COURT-ORDERED DRINKING DRINKING DRIVERS COURSE.
 29  8    1.  As used in this section, unless the context otherwise
 29  9 requires:
 29 10    a.  "Course for drinking drivers" means an approved course
 29 11 designed to inform the offender about drinking and driving and
 29 12 encourage the offender to assess the offender's own drinking
 29 13 and driving behavior in order to select practical
 29 14 alternatives.
 29 15    b.  "Satisfactory completion of a course" means receiving
 29 16 at the completion of a course a grade from the course
 29 17 instructor of "C" or "2.0," or better.
 29 18    2.  After a conviction for, or a plea of guilty of, a
 29 19 violation of section 321J.2, the court in addition to its
 29 20 power to commit the defendant for treatment of alcoholism
 29 21 under section 321J.3, may order the defendant, at the
 29 22 defendant's own expense, to enroll in, attend, and
 29 23 successfully complete a course for drinking drivers.  The
 29 24 court may alternatively or additionally require the defendant
 29 25 to seek evaluation, treatment or rehabilitation services under
 29 26 section 125.33 at the defendant's expense and to furnish
 29 27 evidence of successful completion.  A copy of the order shall
 29 28 be forwarded to the department.
 29 29    3. 2.  The course provided in according to this section
 29 30 shall be offered on a regular basis at each community college
 29 31 as defined in section 260C.2.  Enrollment in the courses is
 29 32 not limited to persons ordered to enroll, attend, and
 29 33 successfully complete the course required under sections
 29 34 321J.2 and 321J.17, subsection 2, and any person convicted of
 29 35 a violation of section 321J.2 who was not ordered to enroll in
 30  1 a course may enroll in and attend a course for drinking
 30  2 drivers.  The course required by this section shall be taught
 30  3 by the community colleges under the department of education
 30  4 and approved by the department.  The department of education
 30  5 shall establish reasonable fees to defray the expense of
 30  6 obtaining classroom space, instructor salaries, and class
 30  7 materials.  A person shall not be denied enrollment in a
 30  8 course by reason of the person's indigency.
 30  9    4. 3.  An employer shall not discharge a person from
 30 10 employment solely for the reason of work absence to attend a
 30 11 course required by this section.  Any employer who violates
 30 12 this section is liable for damages which include but are not
 30 13 limited to actual damages, court costs, and reasonable
 30 14 attorney fees.  The person may also petition the court for
 30 15 imposition of a cease and desist order against the person's
 30 16 employer and for reinstatement to the person's previous
 30 17 position of employment.
 30 18    5. 4.  The department of education shall prepare a list of
 30 19 the locations of the courses taught under this section, the
 30 20 dates and times taught, the procedure for enrollment, and the
 30 21 schedule of course fees.  The list shall be kept current and a
 30 22 copy of the list shall be sent to each court having
 30 23 jurisdiction over offenses provided in this chapter.
 30 24    6. 5.  The department of education shall maintain
 30 25 enrollment, attendance, successful and nonsuccessful
 30 26 completion data on the persons ordered to enroll, attend, and
 30 27 successfully complete a course for drinking drivers.  This
 30 28 data shall be forwarded to the court.
 30 29    Sec. 23.  Section 321J.24, subsection 1, paragraph b, Code
 30 30 1997, is amended to read as follows:
 30 31    b.  "Participant" means a person who is sixteen years of
 30 32 age or older but under the age of twenty-one, and who is
 30 33 ordered by the court to participate in the reality education
 30 34 substance abuse prevention program.
 30 35    Sec. 24.  Section 321J.24, subsection 2, Code 1997, is
 31  1 amended to read as follows:
 31  2    2.  A reality education substance abuse prevention program
 31  3 is established in those judicial districts where the chief
 31  4 judge of the judicial district authorizes participation in the
 31  5 program.  Upon a conviction or adjudication for a violation of
 31  6 section 321J.2, or the entry of a deferred judgment concerning
 31  7 a violation of section 321J.2, the court or juvenile court,
 31  8 with the consent of the defendant or delinquent child, may
 31  9 order a defendant who is sixteen years of age or older but
 31 10 under the age of twenty-one or delinquent child who is sixteen
 31 11 years of age or older to participate participation in the
 31 12 reality education substance abuse prevention program as a term
 31 13 and condition of probation or disposition in addition to any
 31 14 other term or condition of probation or disposition required
 31 15 or authorized by law.  The court or juvenile court shall
 31 16 require the defendant or delinquent child to abstain from
 31 17 consuming any controlled substance, alcoholic liquor, wine, or
 31 18 beer before reaching age twenty-one while participating in the
 31 19 program.
 31 20    Sec. 25.  Section 321J.25, subsection 4, Code 1997, is
 31 21 amended to read as follows:
 31 22    4.  Upon the revocation of the motor vehicle license or
 31 23 operating privileges of a person who is fourteen years of age
 31 24 or older for a violation of section 321J.2A, if the person has
 31 25 had no previous revocations under either section 321J.2 or
 31 26 section 321J.2A, a person may participate in the substance
 31 27 abuse awareness program.  The state department of
 31 28 transportation shall notify a potential program participant of
 31 29 the possibility and potential benefits of attending a program
 31 30 and shall notify a potential program participant of the
 31 31 availability of programs which exist in the area in which the
 31 32 person resides.  The state department of transportation shall
 31 33 consult with the Iowa department of public health to determine
 31 34 what programs are available in various areas of the state.
 31 35 The period of revocation for a person whose motor vehicle
 32  1 license or operating privilege has been revoked under section
 32  2 321J.2A, shall be reduced by fifty percent upon receipt by the
 32  3 state department of transportation of a certification by a
 32  4 program provider that the person has completed a program.
 32  5    Sec. 26.  Section 707.6A, subsection 1, Code 1997, is
 32  6 amended to read as follows:
 32  7    1.  A person commits a class "C" "B" felony when the person
 32  8 unintentionally causes the death of another by any of the
 32  9 following means:
 32 10    a.  Operating operating a motor vehicle while under the
 32 11 influence of alcohol or other drug or a combination of such
 32 12 substances or while having an alcohol concentration
 32 13 intoxicated, as defined in prohibited by section 321J.1,
 32 14 subsection 1, of .10 or more 321J.2.  Upon a plea or verdict
 32 15 of guilty of a violation of this paragraph subsection, the
 32 16 court shall order do the following:
 32 17    a.  Order the state department of transportation to revoke
 32 18 the defendant's motor vehicle license or nonresident operating
 32 19 privileges for a period of six years.  The defendant shall
 32 20 surrender to the court any Iowa license or permit and the
 32 21 court shall forward it the license or permit to the department
 32 22 with a copy of the revocation order.  The defendant shall not
 32 23 be eligible for a temporary restricted license for at least
 32 24 two years after the revocation.
 32 25    b.  Order the defendant, at the defendant's expense, to do
 32 26 the following:
 32 27    (1)  Enroll, attend, and satisfactorily complete a course
 32 28 for drinking drivers, as provided in section 321J.22.
 32 29    (2)  Submit to evaluation and treatment or rehabilitation
 32 30 services.
 32 31    c.  A motor vehicle license or nonresident operating
 32 32 privilege shall not be reinstated until proof of completion of
 32 33 the requirements of paragraph "b" is presented to the
 32 34 department.
 32 35    d.  Where the program is available and appropriate for the
 33  1 defendant, the court shall also order the defendant to
 33  2 participate in a reality education substance abuse prevention
 33  3 program as provided in section 321J.24.
 33  4    1A.  A person commits a class "C" felony when the person
 33  5 unintentionally causes the death of another by any of the
 33  6 following means:
 33  7    b. a.  Driving a motor vehicle in a reckless manner with
 33  8 willful or wanton disregard for the safety of persons or
 33  9 property, in violation of section 321.277.
 33 10    c. b.  Eluding or attempting to elude a pursuing law
 33 11 enforcement vehicle, in violation of section 321.279, if the
 33 12 death of the other person directly or indirectly results from
 33 13 the violation.
 33 14    Sec. 27.  Section 707.6A, subsection 3, Code 1997, is
 33 15 amended to read as follows:
 33 16    3.  A person commits an aggravated misdemeanor a class "D"
 33 17 felony when the person unintentionally causes a serious
 33 18 injury, as defined in section 321J.1, subsection 8, by any of
 33 19 the means described in subsection 1 of this section or 1A.
 33 20    Sec. 28.  Section 707.6A, Code 1997, is amended by adding
 33 21 the following new subsection:
 33 22    NEW SUBSECTION.  6.  Notwithstanding the provisions of
 33 23 sections 901.5 and 907.3, the court shall not defer judgment
 33 24 or sentencing, or suspend execution of any part of the
 33 25 sentence applicable to the defendant for a violation of
 33 26 subsection 1, or for a violation of subsection 3 involving the
 33 27 operation of a motor vehicle while intoxicated.
 33 28    Sec. 29.  Section 809A.3, subsections 4 and 5, Code 1997,
 33 29 are amended to read as follows:
 33 30    4.  A violation of section 321J.4B, subsection 12.
 33 31    5. 4.  Notwithstanding subsections 1 through 4 3,
 33 32 violations of chapter 321 or 321J, except section 321J.4B,
 33 33 subsection 12, shall not be considered conduct giving rise to
 33 34 forfeiture, except for violations of the following:
 33 35    a.  A second or subsequent violation of section 321J.4B,
 34  1 subsection 2, paragraph "b".
 34  2    b.  Section 321J.4B, subsection 9.
 34  3    Sec. 30.  Section 811.1, subsections 1 and 2, Code 1997,
 34  4 are amended to read as follows:
 34  5    1.  A defendant awaiting judgment of conviction and
 34  6 sentencing following either a plea or verdict of guilty of a
 34  7 class "A" felony, murder, any class "B" felony included in
 34  8 section 707.6A, felonious assault, felonious child
 34  9 endangerment, sexual abuse in the second degree, sexual abuse
 34 10 in the third degree, kidnapping, robbery in the first degree,
 34 11 arson in the first degree, or burglary in the first degree, or
 34 12 any felony included in section 124.401, subsection 1,
 34 13 paragraph "a".
 34 14    2.  A defendant appealing a conviction of a class "A"
 34 15 felony, murder, any class "B" felony included in section
 34 16 707.6A, felonious assault, felonious child endangerment,
 34 17 sexual abuse in the second degree, sexual abuse in the third
 34 18 degree, kidnapping, robbery in the first degree, arson in the
 34 19 first degree, or burglary in the first degree, or any felony
 34 20 included in section 124.401, subsection 1, paragraph "a".
 34 21    Sec. 31.  Section 907.3, subsection 1, paragraph g, Code
 34 22 1997, is amended to read as follows:
 34 23    g.  The offense is a violation of section 321J.2 and,
 34 24 within the previous six years, the person has been convicted
 34 25 of a violation of that section or the person's driver's
 34 26 license has been revoked pursuant to section 321J.4, 321J.9,
 34 27 or 321J.12 under chapter 321J, and any of the following apply:
 34 28    (1)  If the defendant's alcohol concentration established
 34 29 by the results of an analysis of a specimen of the defendant's
 34 30 blood, breath, or urine withdrawn in accordance with chapter
 34 31 321J exceeds .15.
 34 32    (2)  If the defendant has previously been convicted of a
 34 33 violation of section 321J.2, subsection 1, or a violation of a
 34 34 statute in another state substantially corresponding to
 34 35 section 321J.2, subsection 1.
 35  1    (3)  If the defendant has previously received a deferred
 35  2 judgment or sentence for a violation of section 321J.2,
 35  3 subsection 1, or for a violation of a statute in another state
 35  4 substantially corresponding to section 321J.2, subsection 1.
 35  5    (4)  If the defendant refused to consent to testing
 35  6 requested in accordance with section 321J.6.
 35  7    (5)  If the offense under chapter 321J results in bodily
 35  8 injury to a person other than the defendant.
 35  9    Sec. 32.  Section 907.3, subsection 1, Code 1997, is
 35 10 amended by adding the following new paragraph:
 35 11    NEW PARAGRAPH.  j.  The offense is a violation of section
 35 12 707.6A, subsection 1; or a violation of section 707.6A,
 35 13 subsection 3, involving operation of a motor vehicle while
 35 14 intoxicated.
 35 15    Sec. 33.  Section 907.3, subsections 2 and 3, Code 1997,
 35 16 are amended to read as follows:
 35 17    2.  At the time of or after pronouncing judgment and with
 35 18 the consent of the defendant, the court may defer the sentence
 35 19 and assign the defendant to the judicial district department
 35 20 of correctional services.  The court may assign the defendant
 35 21 to supervision or services under section 901B.1 at the level
 35 22 of sanctions which the district department determines to be
 35 23 appropriate, if an intermediate criminal sanctions plan and
 35 24 program has been adopted in the judicial district under
 35 25 section 901B.1.  However, the court shall not defer the
 35 26 sentence for a violation of section any of the following:
 35 27    a.  Section 708.2A, if the defendant has previously
 35 28 received a deferred judgment or sentence for a violation of
 35 29 section 708.2 or 708.2A which was issued on a domestic abuse
 35 30 assault, or if similar relief was granted anywhere in the
 35 31 United States concerning that jurisdiction's statutes which
 35 32 substantially correspond to domestic abuse assault as provided
 35 33 in section 708.2A.  In addition, the court shall not defer a
 35 34 sentence if it is imposed for a conviction for or plea of
 35 35 guilty to a violation of section
 36  1    b.  Section 236.8 or for contempt pursuant to section 236.8
 36  2 or 236.14.
 36  3    c.  Section 321J.2, subsection 1, if any of the following
 36  4 apply:
 36  5    (1)  If the defendant's alcohol concentration established
 36  6 by the results of an analysis of a specimen of the defendant's
 36  7 blood, breath, or urine withdrawn in accordance with chapter
 36  8 321J exceeds .15.
 36  9    (2)  If the defendant has previously been convicted of a
 36 10 violation of section 321J.2, subsection 1, or a violation of a
 36 11 statute in another state substantially corresponding to
 36 12 section 321J.2, subsection 1.
 36 13    (3)  If the defendant has previously received a deferred
 36 14 judgment or sentence for a violation of section 321J.2,
 36 15 subsection 1, or for a violation of a statute in another state
 36 16 substantially corresponding to section 321J.2, subsection 1.
 36 17    (4)  If the defendant refused to consent to testing
 36 18 requested in accordance with section 321J.6.
 36 19    (5)  If the offense under chapter 321J results in bodily
 36 20 injury to a person other than the defendant.
 36 21    d.  Section 707.6A, subsection 1; or section 707.6A,
 36 22 subsection 3, involving operation of a motor vehicle while
 36 23 intoxicated.
 36 24    Upon a showing that the defendant is not fulfilling the
 36 25 conditions of probation, the court may revoke probation and
 36 26 impose any sentence authorized by law.  Before taking such
 36 27 action, the court shall give the defendant an opportunity to
 36 28 be heard on any matter relevant to the proposed action.  Upon
 36 29 violation of the conditions of probation, the court may
 36 30 proceed as provided in chapter 908.
 36 31    3.  By record entry at the time of or after sentencing, the
 36 32 court may suspend the sentence and place the defendant on
 36 33 probation upon such terms and conditions as it may require
 36 34 including commitment to an alternate jail facility or a
 36 35 community correctional residential treatment facility for a
 37  1 specific number of days to be followed by a term of probation
 37  2 as specified in section 907.7, or commitment of the defendant
 37  3 to the judicial district department of correctional services
 37  4 for supervision or services under section 901B.1 at the level
 37  5 of sanctions which the district department determines to be
 37  6 appropriate.  A person so committed who has probation revoked
 37  7 shall be given credit for such time served.  However, the
 37  8 court shall not suspend the any of the following sentences:
 37  9    a.  The minimum term of two days imposed pursuant to
 37 10 section 708.2A, subsection 6, paragraph "a", or a sentence
 37 11 imposed under section 708.2A, subsection 6, paragraph "b", and
 37 12 the court shall not suspend a
 37 13    b.  A sentence imposed pursuant to section 236.8 or 236.14
 37 14 for contempt.
 37 15    c.  A sentence imposed pursuant to a violation of section
 37 16 321J.2, subsection 1, if any of the following apply:
 37 17    (1)  If the defendant's alcohol concentration established
 37 18 by the results of an analysis of a specimen of the defendant's
 37 19 blood, breath, or urine withdrawn in accordance with chapter
 37 20 321J exceeds .15.
 37 21    (2)  If the defendant has previously been convicted of a
 37 22 violation of section 321J.2, subsection 1, or a violation of a
 37 23 statute in another state substantially corresponding to
 37 24 section 321J.2, subsection 1.
 37 25    (3)  If the defendant has previously received a deferred
 37 26 judgment or sentence for a violation of section 321J.2,
 37 27 subsection 1, or for a violation of a statute in another state
 37 28 substantially corresponding to section 321J.2, subsection 1.
 37 29    (4)  If the defendant refused to consent to testing
 37 30 requested in accordance with section 321J.6.
 37 31    (5)  If the offense under chapter 321J results in bodily
 37 32 injury to a person other than the defendant.
 37 33    d.  A sentence imposed pursuant to section 707.6A,
 37 34 subsection 1; or section 707.6A, subsection 3, involving
 37 35 operation of a motor vehicle while intoxicated.
 38  1    Sec. 34.  Section 910.1, subsection 4, Code 1997, is
 38  2 amended to read as follows:
 38  3    4.  "Restitution" means payment of pecuniary damages to a
 38  4 victim in an amount and in the manner provided by the
 38  5 offender's plan of restitution.  "Restitution" also includes
 38  6 fines, penalties, and surcharges, the contribution of funds to
 38  7 a local anticrime organization which provided assistance to
 38  8 law enforcement in an offender's case, the payment of crime
 38  9 victim compensation program reimbursements, payment of
 38 10 restitution to public agencies pursuant to section 321J.2,
 38 11 subsection 8, paragraph "b", court costs, court-appointed
 38 12 attorney's fees, or the expense of a public defender, and the
 38 13 performance of a public service by an offender in an amount
 38 14 set by the court when the offender cannot reasonably pay all
 38 15 or part of the court costs, court-appointed attorney's fees,
 38 16 or the expense of a public defender.
 38 17    Sec. 35.  Section 910.2, Code 1997, is amended to read as
 38 18 follows:
 38 19    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
 38 20 SENTENCING COURT.
 38 21    In all criminal cases in which there is a plea of guilty,
 38 22 verdict of guilty, or special verdict upon which a judgment of
 38 23 conviction is rendered, the sentencing court shall order that
 38 24 restitution be made by each offender to the victims of the
 38 25 offender's criminal activities, to the clerk of court for
 38 26 fines, penalties, surcharges, and, to the extent that the
 38 27 offender is reasonably able to pay, for crime victim
 38 28 assistance reimbursement, restitution to public agencies
 38 29 pursuant to section 321J.2, subsection 8, paragraph "b", court
 38 30 costs, court-appointed attorney's fees, or the expense of a
 38 31 public defender when applicable, or contribution to a local
 38 32 anticrime organization.  However, victims shall be paid in
 38 33 full before fines, penalties, and surcharges, crime victim
 38 34 compensation program reimbursement, public agencies, court
 38 35 costs, court-appointed attorney's fees, the expenses of a
 39  1 public defender, or contribution to a local anticrime
 39  2 organization are paid.  In structuring a plan of restitution,
 39  3 the court shall provide for payments in the following order of
 39  4 priority:  victim, fines, penalties, and surcharges, crime
 39  5 victim compensation program reimbursement, public agencies,
 39  6 court costs, court-appointed attorney's fees, or the expense
 39  7 of a public defender, and contribution to a local anticrime
 39  8 organization.
 39  9    When the offender is not reasonably able to pay all or a
 39 10 part of the crime victim compensation program reimbursement,
 39 11 public agency restitution, court costs, court-appointed
 39 12 attorney's fees, the expense of a public defender, or
 39 13 contribution to a local anticrime organization, the court may
 39 14 require the offender in lieu of that portion of the crime
 39 15 victim compensation program reimbursement, public agency
 39 16 restitution, court costs, court-appointed attorney's fees,
 39 17 expense of a public defender, or contribution to a local
 39 18 anticrime organization for which the offender is not
 39 19 reasonably able to pay, to perform a needed public service for
 39 20 a governmental agency or for a private nonprofit agency which
 39 21 provides a service to the youth, elderly, or poor of the
 39 22 community.  When community service is ordered, the court shall
 39 23 set a specific number of hours of service to be performed by
 39 24 the offender which, for payment of court-appointed attorney's
 39 25 fees or expenses of a public defender, shall be approximately
 39 26 equivalent in value to those costs.  The judicial district
 39 27 department of correctional services shall provide for the
 39 28 assignment of the offender to a public agency or private
 39 29 nonprofit agency to perform the required service.
 39 30    Sec. 36.  Section 910.3, Code 1997, is amended to read as
 39 31 follows:
 39 32    910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
 39 33    The county attorney shall prepare a statement of pecuniary
 39 34 damages to victims of the defendant and, if applicable, any
 39 35 award by the crime victim compensation program and expenses
 40  1 incurred by public agencies pursuant to section 321J.2,
 40  2 subsection 8, paragraph "b", and shall provide the statement
 40  3 to the presentence investigator or submit the statement to the
 40  4 court at the time of sentencing.  The clerk of court shall
 40  5 prepare a statement of court-appointed attorney's fees, the
 40  6 expense of a public defender, and court costs, which shall be
 40  7 provided to the presentence investigator or submitted to the
 40  8 court at the time of sentencing.  If these statements are
 40  9 provided to the presentence investigator, they shall become a
 40 10 part of the presentence report.  If pecuniary damage amounts
 40 11 are not available at the time of sentencing, the county
 40 12 attorney shall provide a statement of pecuniary damages
 40 13 incurred up to that time to the clerk of court.  The statement
 40 14 shall be provided no later than thirty days after sentencing.
 40 15 If a defendant believes no person suffered pecuniary damages,
 40 16 the defendant shall so state.  If the defendant has any mental
 40 17 or physical impairment which would limit or prohibit the
 40 18 performance of a public service, the defendant shall so state.
 40 19 The court may order a mental or physical examination, or both,
 40 20 of the defendant to determine a proper course of action.  At
 40 21 the time of sentencing or at a later date to be determined by
 40 22 the court, the court shall set out the amount of restitution
 40 23 including the amount of public service to be performed as
 40 24 restitution and the persons to whom restitution must be paid.
 40 25 If the full amount of restitution cannot be determined at the
 40 26 time of sentencing, the court shall issue a temporary order
 40 27 determining a reasonable amount for restitution identified up
 40 28 to that time.  At a later date as determined by the court, the
 40 29 court shall issue a permanent, supplemental order, setting the
 40 30 full amount of restitution.  The court shall enter further
 40 31 supplemental orders, if necessary.  These court orders shall
 40 32 be known as the plan of restitution.
 40 33    Sec. 37.  Section 910.9, unnumbered paragraph 3, Code 1997,
 40 34 is amended to read as follows:
 40 35    Fines, penalties, and surcharges, crime victim compensation
 41  1 program reimbursement, public agency restitution, court costs,
 41  2 court-appointed attorney's fees, and expenses for public
 41  3 defenders, shall not be withheld by the clerk of court until
 41  4 all victims have been paid in full.  Payments to victims shall
 41  5 be made by the clerk of court at least quarterly.  Payments by
 41  6 a clerk of court shall be made no later than the last business
 41  7 day of the quarter, but may be made more often at the
 41  8 discretion of the clerk of court.  The clerk of court
 41  9 receiving final payment from an offender, shall notify all
 41 10 victims that full restitution has been made, and a copy of the
 41 11 notice shall be sent to the sentencing court.  Each office or
 41 12 individual charged with supervising an offender who is
 41 13 required to perform community service as full or partial
 41 14 restitution shall keep records to assure compliance with the
 41 15 portions of the plan of restitution and restitution plan of
 41 16 payment relating to community service and, when the offender
 41 17 has complied fully with the community service requirement,
 41 18 notify the sentencing court.
 41 19    Sec. 38.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 41 20 3, shall not apply to this Act.  
 41 21 HF 707
 41 22 jls/pk/25
     

Text: HF00706                           Text: HF00708
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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