Text: HSB00529 Text: HSB00531 Text: HSB00500 - HSB00599 Text: HSB 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 3008YC 77
2 3 jls/cf/24
Text: HSB00529 Text: HSB00531 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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