Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 2, paragraph a, 1 2 subparagraph (2), Code 1999, is amended to read as follows: 1 3 (2) Assessment of a fine of one thousand dollars. 1 4 However, in the discretion of the court, if no personal or 1 5 property injury has resulted from the defendant's actions, the 1 6 court may waive up to five hundred dollars of the finemay be1 7waivedonly if the defendant presents to the court at the end 1 8 of the minimum period of ineligibility a temporary restricted 1 9 license issued by the department pursuant to section 321J.20. 1 10As an alternative to a portion or all of the fine, the court1 11may order the person to perform unpaid community service.1 12 Sec. 2. Section 321J.2, subsection 2, paragraphs b and c, 1 13 Code 1999, are amended to read as follows: 1 14 b. An aggravated misdemeanor for a second offense, and 1 15 shall be imprisoned in the county jail or community-based 1 16 correctional facility not less than seven days, and assessed a 1 17 fine ofnot less than one thousand five hundred dollars nor1 18more thanfive thousand dollars. However, in the discretion 1 19 of the court, if no personal or property injury has resulted 1 20 from the defendant's actions, the court may waive up to three 1 21 thousand five hundred dollars of the fine only if the 1 22 defendant presents to the court at the end of the minimum 1 23 period of ineligibility a temporary restricted license issued 1 24 by the department pursuant to section 321J.20. 1 25 c. A class "D" felony for a third offense and each 1 26 subsequent offense, and shall be imprisoned in the county jail 1 27 for a determinate sentence of not more than one year but not 1 28 less than thirty days, or committed to the custody of the 1 29 director of the department of corrections, and assessed a fine 1 30 ofnot less than two thousand five hundred dollars nor more1 31thanseven thousand five hundred dollars. However, in the 1 32 discretion of the court, if no personal or property injury has 1 33 resulted from the defendant's actions, the court may waive up 1 34 to five thousand dollars of the fine only if the defendant 1 35 presents to the court at the end of the minimum period of 2 1 ineligibility a temporary restricted license issued under 2 2 section 321J.20 or section 321J.4, subsection 9. 2 3 PARAGRAPH DIVIDED. A person convicted of a third or 2 4 subsequent offense may be committed to the custody of the 2 5 director of the department of corrections, who shall assign 2 6 the person to a facility pursuant to section 904.513 or the 2 7 offender may be committed to treatment in the community under 2 8 the provisions of section 907.6. 2 9 EXPLANATION 2 10 This bill amends the penalties provisions related to 2 11 operating while intoxicated (OWI) violations. 2 12 For a first-time OWI offender to have any part of the fine 2 13 waived, the defendant must present a temporary restricted 2 14 license at the end of the minimum period of ineligibility, in 2 15 addition to the current requirement that there be no personal 2 16 or property injury resulting from the accident. The express 2 17 option to substitute all or part of the fine with a community 2 18 service requirement is deleted, although this remains within 2 19 the court's ability pursuant to Code section 909.3A. 2 20 The fine range for second offenses and for third and 2 21 subsequent offenses is replaced with a single fine amount for 2 22 each category. Similar to the procedure for first time 2 23 offenders, language is added that would allow the court to 2 24 waive a large portion of the fine, if no personal or property 2 25 injury resulted, and if the defendant presents a temporary 2 26 restricted license at the end of the minimum period of 2 27 ineligibility. 2 28 LSB 2251HC 78 2 29 jj/jw/5
Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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