Text: H01564                            Text: H01566
Text: H01500 - H01599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1565

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-1517, to Senate File 350, as
  1  2 passed by the Senate as follows:
  1  3    #1.  Page 1, by inserting after line 4 the
  1  4 following:
  1  5    ""Sec.    .  Section 321J.2, subsection 2,
  1  6 paragraph c, Code 2001, is amended by striking the
  1  7 paragraph and inserting in lieu thereof the following:
  1  8    c.  A class "D" felony for a third offense and each
  1  9 subsequent offense, and shall be committed to the
  1 10 custody of the director of the department of
  1 11 corrections for an indeterminate term not to exceed
  1 12 five years, and assessed a fine of not less than two
  1 13 thousand five hundred dollars nor more than seven
  1 14 thousand five hundred dollars.  A person convicted of
  1 15 a third or subsequent offense shall be confined for a
  1 16 mandatory minimum of thirty days.  If a person's
  1 17 sentence of commitment to the custody of the director
  1 18 of the department of corrections is not suspended, the
  1 19 person shall be assigned to a facility pursuant to
  1 20 section 904.513.  If a person's sentence of commitment
  1 21 to the custody of the director of the department of
  1 22 corrections is suspended, the sentencing court shall
  1 23 order that the offender serve not less than thirty
  1 24 days but not more than one year in the county jail,
  1 25 and may commit the offender to treatment in the
  1 26 community under section 907.6.""
  1 27    #2.  Page 1, by inserting after line 27 the
  1 28 following:
  1 29    "#   .  Page 9, by inserting after line 31 the
  1 30 following:
  1 31    "Sec.    .  Section 902.3, Code 2001, is amended to
  1 32 read as follows:
  1 33    902.3  INDETERMINATE SENTENCE.
  1 34    When a judgment of conviction of a felony other
  1 35 than a class "A" felony is entered against a person,
  1 36 the court, in imposing a sentence of confinement,
  1 37 shall commit the person into the custody of the
  1 38 director of the Iowa department of corrections for an
  1 39 indeterminate term, the maximum length of which shall
  1 40 not exceed the limits as fixed by section 902.9,
  1 41 unless otherwise prescribed by statute, nor shall the
  1 42 term be less than the minimum term imposed by law, if
  1 43 a minimum sentence is provided.  However, if the court
  1 44 may sentence a person convicted of a class "D" felony
  1 45 for a violation of section 321J.2 to imprisonment for
  1 46 up to one year in a county jail under section 902.9,
  1 47 subsection 5, and the person shall not be under the
  1 48 custody of the director of the Iowa department of
  1 49 corrections suspends an offender's sentence of
  1 50 commitment to the custody of the director of the
  2  1 department of corrections under section 321J.2,
  2  2 subsection 2, paragraph "c", the court shall order the
  2  3 offender to serve time in the county jail as provided
  2  4 in section 321J.2, subsection 2, paragraph "c",
  2  5 notwithstanding any provision to the contrary in
  2  6 section 903.4.
  2  7    Sec.    .  Section 902.9, subsection 5, Code 2001,
  2  8 is amended to read as follows:
  2  9    5.  A class "D" felon, not an habitual offender,
  2 10 shall be confined for no more than five years, and in
  2 11 addition shall be sentenced to a fine of at least
  2 12 seven hundred fifty dollars but not more than seven
  2 13 thousand five hundred dollars.  A class "D" felon,
  2 14 such felony being for a violation of section 321J.2,
  2 15 may be sentenced to imprisonment for up to one year in
  2 16 the county jail.""
  2 17    #3.  Page 1, line 29, by inserting before the word
  2 18 "driving" the following:  "sentences for operating
  2 19 while intoxicated violations,".
  2 20    #4.  By renumbering, redesignating, and correcting
  2 21 internal references as necessary.  
  2 22 
  2 23 
  2 24                               
  2 25 TREMMEL of Wapello
  2 26 SF 350.207 79
  2 27 nh/gg

Text: H01564                            Text: H01566
Text: H01500 - H01599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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