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House Journal: Page 1439: Tuesday, April 22, 1997

30   five hundred fifty dollars nor more than five
thousand
31   dollars."
32     5.  Page 1, by striking line 31, and inserting the
33   following:  "of not less than seven two thousand
five
34   hundred fifty dollars nor more than seven thousand
35   five hundred dollars.  The minimum"
36     6.  Page 2, line 23, by striking the word
37   "minimum".
38     7.  By striking page 2, line 24, through page 3,
39   line 3, and inserting the following:  "applicable to
40   the defendant under subsection 2."
41     8.  Page 3, by striking line 7 and inserting the
42   following:
43     "c.  Where the program is available and is
44   appropriate for the convicted person, a person
45   convicted of an offense under subsection 2 shall be
46   ordered to participate in a reality education
47   substance abuse prevention program as provided in
48   section 321J.24.
49     d.  A minimum term of imprisonment in a county jail
50   or".

Page 4

 1     9.  Page 3, by striking lines 22 through 30 and
 2   inserting the following:
 3     "3.  No conviction for, deferred judgment for, or
 4   plea of guilty to, a violation of this section which
 5   occurred more than six years prior to the date of the
 6   violation charged shall be considered in determining
 7   that the violation charged is a second, third, or
 8   subsequent offense.  For the purpose of In
determining
 9   if a violation charged is a second, third, or
10   subsequent offense, deferred for purposes of
criminal
11   sentencing or license revocation under this chapter:
12     a.  Any conviction or revocation deleted from motor
13   vehicle operating records pursuant to section 321.12
14   shall not be considered as a previous offense.
15     b.  Deferred judgments entered pursuant to
revious~ 
16   versions of section 907.3 for violations of this
17   section and convictions shall be counted as previous
18   offenses.
19     c.  Convictions or the equivalent of deferred
20   judgments for".
21     10.  Page 4, line 18, by striking the word
22   "other".
23     11.  Page 4, line 20, by striking the words "or
24   receiving a deferred judgment for" and inserting the
25   following:  "or receiving a deferred judgment for".
26     12.  Page 7, by inserting before line 22 the
27   following:
28     "Sec. _ _.  Section 321J.3, Code 1997, is amended
29   by adding the following new subsection:

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