Text: SF00188 Text: SF00190 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 aserioussimple 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 aserious2 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 aserioussimple 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 aserioussimple 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 7serioussimple 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 19punishable 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 aone3 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 aonetwo 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 aone4 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 aserioussimple 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 courtmayshall order restitutionforif 4 27 any damages were caused by the violation which may include, 4 28 but is not limited to, community service.The court may also4 29require 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 exceedingonetwo 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 exceedingonetwo 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 exceedsonetwo 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 exceedonetwo 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 exceedsonetwo 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 thanonetwo 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 thanonetwo 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 thanonetwo 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 thanonetwo 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 thanonetwo 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 thanonetwo 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 aserioussimple 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 aserioussimple 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 aserious8 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 to8 18exceed thirty days, orthere shall be a fine of at least fifty 8 19 dollars but not to exceedonefive 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 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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