Text: HF02120 Text: HF02122 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 3, paragraph a, 1 2 unnumbered paragraph 1, Code Supplement 1997, is amended to 1 3 read as follows: 1 4 Notwithstanding the provisions of sections 901.5 and 907.3, 1 5 the court shall not defer judgment or sentencing, or suspend 1 6 execution of any part of the mandatory minimum sentence 1 7 applicable to the defendant under subsection 2 if any of the 1 8 following apply: 1 9 Sec. 2. Section 907.3, subsection 3, paragraph c, Code 1 10 Supplement 1997, is amended by striking the paragraph and 1 11 inserting in lieu thereof the following: 1 12 c. The following minimum sentences imposed pursuant to 1 13 section 321J.2, as follows: 1 14 (1) The minimum term of imprisonment of forty-eight hours 1 15 imposed pursuant to section 321J.2, subsection 2, paragraph 1 16 "a", unless the person to be sentenced is not ineligible for a 1 17 deferred sentence pursuant to subsection 2, paragraph "c" of 1 18 this section. 1 19 (2) The minimum term of imprisonment of seven days imposed 1 20 pursuant to section 321J.2, subsection 2, paragraph "b". 1 21 (3) The minimum term of imprisonment of thirty days in 1 22 jail if a jail sentence is imposed, pursuant to section 1 23 321J.2, subsection 2, paragraph "c". 1 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 1 25 immediate importance, takes effect upon enactment. 1 26 EXPLANATION 1 27 This bill amends the operating while intoxicated (OWI) 1 28 statute to provide the option of ordering a period of 1 29 probation following the defendant's completion of the 1 30 mandatory minimum sentence. The court may suspend the portion 1 31 of the sentence in excess of the mandatory minimum, pending 1 32 the defendant's successful completion of probation. Related 1 33 changes are made to Code section 907.3, regarding the use of 1 34 suspended sentences, and for deferred sentences for certain 1 35 first-time offenders. 2 1 The bill takes effect upon enactment. 2 2 LSB 3008HH 77 2 3 jls/cf/24
Text: HF02120 Text: HF02122 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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