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Senate File 189

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                        SENATE FILE 189
  1  3 
  1  4                             AN ACT
  1  5 TO CHANGE THE PENALTY FOR AND TO RECLASSIFY CERTAIN
  1  6    MISDEMEANORS.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 123.47, subsection 3, Code 1999, is
  1 11 amended to read as follows:
  1 12    3.  A person who is under legal age, other than a licensee
  1 13 or permittee, who violates this section regarding the purchase
  1 14 of or attempt to purchase alcoholic liquor, wine, or beer, or
  1 15 possessing or having control of alcoholic liquor, wine, or
  1 16 beer, commits a simple misdemeanor punishable by a fine of one
  1 17 hundred dollars for the first offense.  A second or subsequent
  1 18 offense shall be a serious simple misdemeanor punishable by a
  1 19 fine of two hundred dollars and the suspension of the person's
  1 20 motor vehicle operating privileges for a period not to exceed
  1 21 one year.  The court may, in its discretion, order the person
  1 22 who is under legal age to perform community service work under
  1 23 section 909.3A, of an equivalent value to the fine imposed
  1 24 under this section.  However, if the person who commits the
  1 25 violation of this section is under the age of eighteen, the
  1 26 matter shall be disposed of in the manner provided in chapter
  1 27 232.
  1 28    Sec. 2.  Section 321.218, subsection 1, Code 1999, is
  1 29 amended to read as follows:
  1 30    1.  A person whose driver's license or operating privilege
  1 31 has been denied, canceled, suspended, or revoked as provided
  1 32 in this chapter or as provided in section 252J.8 or section
  1 33 901.5, subsection 10, and who operates a motor vehicle upon
  1 34 the highways of this state while the license or privilege is
  1 35 denied, canceled, suspended, or revoked, commits a serious
  2  1 simple misdemeanor.  In addition to any other penalties, the
  2  2 punishment imposed for a violation of this subsection shall
  2  3 include assessment of a fine of not less than two hundred
  2  4 fifty dollars nor more than one thousand five hundred dollars.
  2  5    Sec. 3.  Section 321.260, subsection 1, paragraph a, Code
  2  6 1999, is amended to read as follows:
  2  7    a.  A person who willfully and intentionally, without
  2  8 lawful authority, attempts to or in fact alters, defaces,
  2  9 injures, knocks down, or removes an official traffic-control
  2 10 device, an authorized warning sign or signal or barricade,
  2 11 whether temporary or permanent, a railroad sign or signal, an
  2 12 inscription, shield or insignia on any of such devices, signs,
  2 13 signals, or barricades, or any other part thereof, shall, upon
  2 14 conviction, be guilty of a serious simple misdemeanor and
  2 15 shall be required to make restitution to the affected
  2 16 jurisdiction.  In addition to any other penalties, the
  2 17 punishment imposed for a violation of this subsection shall
  2 18 include assessment of a fine of not less than two hundred
  2 19 fifty dollars.
  2 20    Sec. 4.  Section 321.260, subsection 2, Code 1999, is
  2 21 amended to read as follows:
  2 22    2.  It shall be unlawful for any person to have in the
  2 23 person's possession any official traffic-control device except
  2 24 by legal right or authority.  Any person convicted of
  2 25 unauthorized possession of any official traffic-control device
  2 26 shall upon conviction be guilty of a serious simple
  2 27 misdemeanor.  In addition to any other penalties, the
  2 28 punishment imposed for a violation of this subsection shall
  2 29 include assessment of a fine of not less than two hundred
  2 30 fifty dollars.
  2 31    Sec. 5.  Section 321A.32, subsection 1, Code 1999, is
  2 32 amended to read as follows:
  2 33    1.  Any person whose license or registration or
  2 34 nonresident's operating privilege has been suspended, denied
  2 35 or revoked under this chapter or continues to remain suspended
  3  1 or revoked under this chapter, and who, during such
  3  2 suspension, denial or revocation, or during such continuing
  3  3 suspension or continuing revocation, drives any motor vehicle
  3  4 upon any highway or knowingly permits any motor vehicle owned
  3  5 by such person to be operated by another upon any highway,
  3  6 except as permitted under this chapter, shall be guilty of a
  3  7 serious simple misdemeanor.  In addition to any other
  3  8 penalties, the punishment imposed for a violation of this
  3  9 subsection shall include assessment of a fine of not less than
  3 10 two hundred fifty dollars nor more than one thousand five
  3 11 hundred dollars.
  3 12    Sec. 6.  Section 321J.21, subsection 1, Code 1999, is
  3 13 amended to read as follows:
  3 14    1.  A person whose driver's license or nonresident
  3 15 operating privilege has been suspended, denied, revoked, or
  3 16 barred due to a violation of this chapter and who drives a
  3 17 motor vehicle while the license or privilege is suspended,
  3 18 denied, revoked, or barred commits a serious misdemeanor,
  3 19 punishable with a mandatory fine of one thousand dollars.  In
  3 20 addition to any other penalties, the punishment imposed for a
  3 21 violation of this subsection shall include assessment of a
  3 22 fine of one thousand dollars.
  3 23    Sec. 7.  Section 331.302, subsection 2, Code 1999, is
  3 24 amended to read as follows:
  3 25    2.  A county shall not provide a penalty in excess of a one
  3 26 two hundred dollar fine or in excess of thirty days
  3 27 imprisonment for the violation of an ordinance.  The criminal
  3 28 penalty surcharge required by section 911.2 shall be added to
  3 29 a county fine and is not a part of the county's penalty.
  3 30    Sec. 8.  Section 331.302, subsection 4A, paragraph a,
  3 31 subparagraph (2), Code 1999, is amended to read as follows:
  3 32    (2)  A portion of the Code of Iowa may be adopted by
  3 33 reference only if the criminal penalty provided by the law
  3 34 adopted does not exceed thirty days' imprisonment or a one two
  3 35 hundred dollar fine.
  4  1    Sec. 9.  Section 364.3, subsection 2, Code 1999, is amended
  4  2 to read as follows:
  4  3    2.  A city shall not provide a penalty in excess of a one
  4  4 two hundred dollar fine or in excess of thirty days
  4  5 imprisonment for the violation of an ordinance.  An amount
  4  6 equal to ten percent of all fines collected by cities shall be
  4  7 deposited in the account established in section 602.8108.
  4  8 However, one hundred percent of all fines collected by a city
  4  9 pursuant to section 321.236, subsection 1, shall be retained
  4 10 by the city.  The criminal penalty surcharge required by
  4 11 section 911.2 shall be added to a city fine and is not a part
  4 12 of the city's penalty.
  4 13    Sec. 10.  Section 461A.42, subsection 2, Code 1999, is
  4 14 amended to read as follows:
  4 15    2.  The use of fireworks, as defined in section 727.2, in
  4 16 state parks and preserves is prohibited except as authorized
  4 17 by a permit issued by the department.  The commission shall
  4 18 establish, by rule adopted pursuant to chapter 17A, a
  4 19 fireworks permit system which authorizes the issuance of a
  4 20 limited number of permits to qualified persons to use or
  4 21 display fireworks in selected state parks and preserves.  A
  4 22 person violating this subsection is guilty of a serious simple
  4 23 misdemeanor.  In addition to any other penalties, the
  4 24 punishment imposed for a violation of this subsection shall
  4 25 include assessment of a fine of not less than two hundred
  4 26 fifty dollars.  The court may shall order restitution for if
  4 27 any damages were caused by the violation which may include,
  4 28 but is not limited to, community service.  The court may also
  4 29 require that the violator provide proof of restitution.
  4 30    Sec. 11.  Section 714.2, subsections 4 and 5, Code 1999,
  4 31 are amended to read as follows:
  4 32    4.  The theft of property exceeding one two hundred dollars
  4 33 in value but not exceeding five hundred dollars in value is
  4 34 theft in the fourth degree.  Theft in the fourth degree is a
  4 35 serious misdemeanor.
  5  1    5.  The theft of property not exceeding one two hundred
  5  2 dollars in value is theft in the fifth degree.  Theft in the
  5  3 fifth degree is a simple misdemeanor.
  5  4    Sec. 12.  Section 714.12, unnumbered paragraph 1, Code
  5  5 1999, is amended to read as follows:
  5  6    Fraudulent practice in the fourth degree is a fraudulent
  5  7 practice where the amount of money or value of property or
  5  8 services involved exceeds one two hundred dollars but does not
  5  9 exceed five hundred dollars.
  5 10    Sec. 13.  Section 714.13, unnumbered paragraph 1, Code
  5 11 1999, is amended to read as follows:
  5 12    Fraudulent practice in the fifth degree is a fraudulent
  5 13 practice where the amount of money or value of property or
  5 14 services involved does not exceed one two hundred dollars.
  5 15    Sec. 14.  Section 716.6, Code 1999, is amended to read as
  5 16 follows:
  5 17    716.6  CRIMINAL MISCHIEF IN THE FOURTH AND FIFTH DEGREES.
  5 18    Criminal mischief is criminal mischief in the fourth degree
  5 19 if the cost of replacing, repairing, or restoring the property
  5 20 so damaged, defaced, altered, or destroyed exceeds one two
  5 21 hundred dollars, but does not exceed five hundred dollars.
  5 22 Criminal mischief in the fourth degree is a serious
  5 23 misdemeanor.  All criminal mischief which is not criminal
  5 24 mischief in the first degree, second degree, third degree, or
  5 25 fourth degree is criminal mischief in the fifth degree.
  5 26 Criminal mischief in the fifth degree is a simple misdemeanor.
  5 27    Sec. 15.  Section 716.8, subsection 2, Code 1999, is
  5 28 amended to read as follows:
  5 29    2.  Any person committing a trespass as defined in section
  5 30 716.7 which results in injury to any person or damage in an
  5 31 amount more than one two hundred dollars to anything, animate
  5 32 or inanimate, located thereon or therein commits a serious
  5 33 misdemeanor.
  5 34    Sec. 16.  Section 716.8, subsection 4, Code 1999, is
  5 35 amended to read as follows:
  6  1    4.  A person committing a trespass as defined in section
  6  2 716.7 with the intent to commit a hate crime which results in
  6  3 injury to any person or damage in an amount more than one two
  6  4 hundred dollars to anything, animate or inanimate, located
  6  5 thereon or therein commits an aggravated misdemeanor.
  6  6    Sec. 17.  Section 716A.7, Code 1999, is amended to read as
  6  7 follows:
  6  8    716A.7  COMPUTER DAMAGE IN THE FOURTH DEGREE.
  6  9    Computer damage is computer damage in the fourth degree
  6 10 when the damage results in a loss of property or services of
  6 11 more than one two hundred dollars but not more than five
  6 12 hundred dollars.  Computer damage in the fourth degree is a
  6 13 serious misdemeanor.
  6 14    Sec. 18.  Section 716A.8, Code 1999, is amended to read as
  6 15 follows:
  6 16    716A.8  COMPUTER DAMAGE IN THE FIFTH DEGREE.
  6 17    Computer damage is computer damage in the fifth degree when
  6 18 the damage results in a loss of property or services of not
  6 19 more than one two hundred dollars.  Computer damage in the
  6 20 fifth degree is a simple misdemeanor.
  6 21    Sec. 19.  Section 716A.13, Code 1999, is amended to read as
  6 22 follows:
  6 23    716A.13  COMPUTER THEFT IN THE FOURTH DEGREE.
  6 24    Computer theft is computer theft in the fourth degree when
  6 25 the theft involves or results in a loss of services or
  6 26 property of more than one two hundred dollars but not more
  6 27 than five hundred dollars.  Computer theft in the fourth
  6 28 degree is a serious misdemeanor.
  6 29    Sec. 20.  Section 716A.14, Code 1999, is amended to read as
  6 30 follows:
  6 31    716A.14  COMPUTER THEFT IN THE FIFTH DEGREE.
  6 32    Computer theft is computer theft in the fifth degree when
  6 33 the theft involves or results in a loss of services or
  6 34 property of not more than one two hundred dollars.  Computer
  6 35 theft in the fifth degree is a simple misdemeanor.
  7  1    Sec. 21.  Section 719.1, subsection 1, Code 1999, is
  7  2 amended to read as follows:
  7  3    1.  A person who knowingly resists or obstructs anyone
  7  4 known by the person to be a peace officer, emergency medical
  7  5 care provider under chapter 147A, or fire fighter, whether
  7  6 paid or volunteer, in the performance of any act which is
  7  7 within the scope of the lawful duty or authority of that
  7  8 officer, emergency medical care provider under chapter 147A,
  7  9 or fire fighter, whether paid or volunteer, or who knowingly
  7 10 resists or obstructs the service or execution by any
  7 11 authorized person of any civil or criminal process or order of
  7 12 any court, commits a serious simple misdemeanor.  In addition
  7 13 to any other penalties, the punishment imposed for a violation
  7 14 of this subsection shall include assessment of a fine of not
  7 15 less than two hundred fifty dollars.  However, if a person
  7 16 commits an interference with official acts, as defined in this
  7 17 subsection, and in so doing inflicts bodily injury other than
  7 18 serious injury, that person commits an aggravated misdemeanor.
  7 19 If a person commits an interference with official acts, as
  7 20 defined in this subsection, and in so doing inflicts or
  7 21 attempts to inflict serious injury, or displays a dangerous
  7 22 weapon, as defined in section 702.7, or is armed with a
  7 23 firearm, that person commits a class "D" felony.
  7 24    Sec. 22.  Section 727.2, unnumbered paragraph 2, Code 1999,
  7 25 is amended to read as follows:
  7 26    A person, firm, copartnership, or corporation who offers
  7 27 for sale, exposes for sale, sells at retail, or uses or
  7 28 explodes any fireworks, commits a serious simple misdemeanor.
  7 29 In addition to any other penalties, the punishment imposed for
  7 30 a violation of this section shall include assessment of a fine
  7 31 of not less than two hundred fifty dollars.  However, the
  7 32 council of a city or a county board of supervisors may, upon
  7 33 application in writing, grant a permit for the display of
  7 34 fireworks by municipalities, fair associations, amusement
  7 35 parks, and other organizations or groups of individuals
  8  1 approved by the city or the county board of supervisors when
  8  2 the fireworks display will be handled by a competent operator,
  8  3 but no such permit shall be required for the display of
  8  4 fireworks at the Iowa state fairgrounds by the Iowa state fair
  8  5 board, at incorporated county fairs, or at district fairs
  8  6 receiving state aid.  Sales of fireworks for such display may
  8  7 be made for that purpose only.
  8  8    Sec. 23.  Section 730.4, subsection 6, Code 1999, is
  8  9 amended to read as follows:
  8 10    6.  A person who violates this section commits a serious
  8 11 simple misdemeanor.  In addition to any other penalties, the
  8 12 punishment imposed for a violation of this section shall
  8 13 include assessment of a fine of not less than two hundred
  8 14 fifty dollars.
  8 15    Sec. 24.  Section 903.1, subsection 1, paragraph a, Code
  8 16 1999, is amended to read as follows:
  8 17    a.  For a simple misdemeanor, either imprisonment not to
  8 18 exceed thirty days, or there shall be a fine of at least fifty
  8 19 dollars but not to exceed one five hundred dollars.  The court
  8 20 may order imprisonment not to exceed thirty days in lieu of a
  8 21 fine or in addition to a fine.
  8 22    Sec. 25.  THIRD OFFENSE OWI REVOCATIONS.
  8 23    1.  When revoking a defendant's driver's license under
  8 24 section 321J.4, the court shall not consider a conviction
  8 25 under section 321J.2 which occurred on or prior to June 30,
  8 26 1991, for the purpose of determining whether a conviction is a
  8 27 third or subsequent offense under section 321J.2.  If a person
  8 28 whose license was revoked under section 321J.4, subsection 4,
  8 29 for three violations of section 321J.2, one of which occurred
  8 30 on or prior to June 30, 1991, the person may apply for
  8 31 reinstatement of the person's driving privileges and the court
  8 32 shall reinstate those privileges two years after the date of
  8 33 the order for revocation.
  8 34    2.  a.  If a defendant's driver's license is revoked for a
  8 35 third or subsequent violation of section 321J.2 and one or
  9  1 more of the violations which resulted in the revocation
  9  2 occurred before June 30, 1991, the person shall be permitted
  9  3 to apply to the court for restoration of the defendant's
  9  4 driving privileges.  The application may be granted only if
  9  5 all of the following are shown by the defendant by a
  9  6 preponderance of the evidence:
  9  7    (1)  The defendant has completed an evaluation and, if
  9  8 recommended by the evaluation, a program of treatment for
  9  9 chemical dependency and is recovering, or has substantially
  9 10 recovered, from that dependency on or tendency to abuse
  9 11 alcohol or drugs.
  9 12    (2)  The defendant has not been convicted, since the date
  9 13 of the revocation order, of any subsequent violations of
  9 14 section 321J.2 or 123.46, or any comparable city or county
  9 15 ordinance, and the defendant has not, since the date of the
  9 16 revocation order, submitted to a chemical test under this
  9 17 chapter that indicated an alcohol concentration as defined in
  9 18 section 321J.1 of .10 or more, or refused to submit to
  9 19 chemical testing under this chapter.
  9 20    (3)  The defendant has abstained from the excessive
  9 21 consumption of alcoholic beverages and the consumption of
  9 22 controlled substances, except at the direction of a licensed
  9 23 physician or pursuant to a valid prescription.
  9 24    (4)  The defendant's motor vehicle license is not currently
  9 25 subject to suspension or revocation for any other reason.
  9 26    b.  The court shall forward to the department a record of
  9 27 any application submitted under paragraph "a" and the results
  9 28 of the court's disposition of the application.  
  9 29 
  9 30 
  9 31                                                             
  9 32                               MARY E. KRAMER
  9 33                               President of the Senate
  9 34 
  9 35 
 10  1                                                             
 10  2                               BRENT SIEGRIST
 10  3                               Speaker of the House
 10  4 
 10  5    I hereby certify that this bill originated in the Senate and
 10  6 is known as Senate File 189, Seventy-eighth General Assembly.
 10  7 
 10  8 
 10  9                                                             
 10 10                               MICHAEL E. MARSHALL
 10 11                               Secretary of the Senate
 10 12 Approved                , 1999
 10 13 
 10 14 
 10 15                               
 10 16 THOMAS J. VILSACK
 10 17 Governor
     

Text: SF00188                           Text: SF00190
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