Text: H08566 Text: H08568 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2144, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting after line 4, the 1 4 following: 1 5 "Sec. . Section 321J.2, subsection 2, paragraph 1 6 a, subparagraphs (1) through (4), Code 2001, are 1 7 amended to read as follows: 1 8 (1) Imprisonment in the county jail fornot less1 9than forty-eight hoursup to seventy-two hours, to be 1 10 served as ordered by the court, less credit for any 1 11 time the person was confined in a jail or detention 1 12 facility following arrest. However, the court, in 1 13 ordering service of the sentence and in its 1 14 discretion, may accommodate the defendant's work 1 15 schedule. 1 16 (2) Assessment of a fine of up to one thousand 1 17 five hundred dollars.However, in the discretion of1 18the court, if no personal or property injury has1 19resulted from the defendant's actions, the court may1 20waive up to five hundred dollars of the fine when the1 21defendant presents to the court at the end of the1 22minimum period of ineligibility, a temporary1 23restricted license issued pursuant to 321J.20.As an 1 24 alternative to a portion or all of the fine, the court 1 25 may order the person to perform unpaid community 1 26 service. 1 27 (3) Revocation of the person's driver's license 1 28 pursuant tosection 321J.4, subsection 1,section 1 29 321J.9, orsection 321J.12, which includes a minimum1 30revocation period of one hundred eighty days,1 31including a minimum period of ineligibility for a1 32temporary restricted license of thirty days, and may1 33involve a revocation period of one yearfor a 1 34 mandatory period of ninety days, with no period of 1 35 ineligibility for a temporary restricted license. 1 36(4) Assignment to substance abuse evaluation and1 37treatment, a course for drinking drivers, and, if1 38available and appropriate, a reality education1 39substance abuse prevention program pursuant to1 40subsection 3.1 41 Sec. . Section 321J.2, Code 2001, is amended by 1 42 adding the following new subsection: 1 43 NEW SUBSECTION. 2A. Notwithstanding subsection 2, 1 44 paragraph "a", or any other provision of this chapter 1 45 to the contrary, a person who violates subsection 1, 1 46 paragraph "b", whose alcohol concentration established 1 47 by the results of an analysis of a specimen of the 1 48 person's blood, breath, or urine withdrawn in 1 49 accordance with this chapter is .15 or more, commits a 1 50 serious misdemeanor for the first offense punishable 2 1 by all of the following: 2 2 a. Imprisonment in the county jail of not less 2 3 than forty-eight hours, to be served as ordered by the 2 4 court, less credit for any time the person was 2 5 confined in a jail or detention facility following 2 6 arrest. However, the court, in ordering service of 2 7 the sentence and in its discretion, may accommodate 2 8 the defendant's work schedule. 2 9 b. Assessment of a fine of not less than one 2 10 thousand dollars nor more than one thousand five 2 11 hundred dollars. However, in the discretion of the 2 12 court, if no personal or property injury has resulted 2 13 from the defendant's actions, the court may waive up 2 14 to five hundred dollars of the fine when the defendant 2 15 presents to the court at the end of the minimum period 2 16 of ineligibility, a temporary restricted license 2 17 issued pursuant to section 321J.20. As an alternative 2 18 to a portion or all of the fine, the court may order 2 19 the person to perform unpaid community service. 2 20 c. Revocation of the person's driver's license 2 21 pursuant to section 321J.4, subsection 1, section 2 22 321J.9, or section 321J.12, which includes a minimum 2 23 revocation period of one hundred eighty days, 2 24 including a minimum period of ineligibility for a 2 25 temporary restricted license of thirty days, and may 2 26 involve a revocation period of one year. 2 27 d. Assignment to substance abuse evaluation and 2 28 treatment, a course for drinking drivers, and, if 2 29 available and appropriate, a reality education 2 30 substance abuse prevention program pursuant to 2 31 subsection 3. 2 32 e. This subsection is repealed June 30, 2003. 2 33 Sec. 100. Section 321J.2, Code 2001, is amended by 2 34 adding the following new subsection: 2 35 NEW SUBSECTION. 2B. Notwithstanding subsection 2, 2 36 paragraph "a", or any other provision of this chapter 2 37 to the contrary, a person who violates subsection 1, 2 38 paragraph "b", whose alcohol concentration established 2 39 by the results of an analysis of a specimen of the 2 40 person's blood, breath, or urine withdrawn in 2 41 accordance with this chapter is .10 or more, commits a 2 42 serious misdemeanor for the first offense, punishable 2 43 by all of the following: 2 44 a. Imprisonment in the county jail of not less 2 45 than forty-eight hours, to be served as ordered by the 2 46 court, less credit for any time the person was 2 47 confined in a jail or detention facility following 2 48 arrest. However, the court, in ordering service of 2 49 the sentence and in its discretion, may accommodate 2 50 the defendant's work schedule. 3 1 b. Assessment of a fine of not less than one 3 2 thousand dollars nor more than one thousand five 3 3 hundred dollars. However, in the discretion of the 3 4 court, if no personal or property injury has resulted 3 5 from the defendant's actions, the court may waive up 3 6 to five hundred dollars of the fine when the defendant 3 7 presents to the court at the end of the minimum period 3 8 of ineligibility, a temporary restricted license 3 9 issued pursuant to section 321J.20. As an alternative 3 10 to a portion or all of the fine, the court may order 3 11 the person to perform unpaid community service. 3 12 c. Revocation of the person's driver's license 3 13 pursuant to section 321J.4, subsection 4, section 3 14 321J.9, or section 321J.12, which includes a minimum 3 15 revocation period of one hundred eighty days, 3 16 including a minimum period of ineligibility for a 3 17 temporary restricted license of thirty days, and may 3 18 involve a revocation period of one year. 3 19 d. Assignment to substance abuse evaluation and 3 20 treatment, a course for drinking drivers, and, if 3 21 available and appropriate, a reality education 3 22 substance abuse prevention program pursuant to 3 23 subsection 3. 3 24 Sec. . Section 321J.2, subsection 3, paragraph 3 25 a, unnumbered paragraph 1, Code 2001, is amended to 3 26 read as follows: 3 27 Notwithstanding the provisions of sections 901.5 3 28 and 907.3, the court shall not defer judgment or 3 29 sentencing, or suspend execution of any mandatory 3 30 minimum sentence of incarceration applicable to the 3 31 defendant under subsection 2 or 2A, and shall not 3 32 suspend execution of any other part of a sentence not 3 33 involving incarceration imposed pursuant to subsection 3 34 2 or 2A, if any of the following apply: 3 35 Sec. . Section 321J.2, subsection 3, paragraphs 3 36 b and c, Code 2001, are amended to read as follows: 3 37 b.AllExcept for persons convicted of a first 3 38 offense pursuant to subsection 2, paragraph "a", 3 39 persons convicted of an offense under subsection 2 3 40 shall be ordered, at the person's expense, to undergo, 3 41 prior to sentencing, a substance abuse evaluation. 3 42 c. Where the program is available and is 3 43 appropriate for the convicted person, a person 3 44 convicted of an offense under subsection 2 shall be 3 45 ordered to participate in a reality education 3 46 substance abuse prevention program as provided in 3 47 section 321J.24. This paragraph shall not apply to a 3 48 person convicted of a first offense pursuant to 3 49 section 2, paragraph "a". 3 50 Sec. . Section 321J.3, subsection 1, paragraph 4 1 a, Code 2001, is amended to read as follows: 4 2 a. In addition to orders issued pursuant to 4 3 section 321J.2, subsection 3, and section 321J.17, the 4 4 court shall order any defendant convicted under 4 5 section 321J.2 to follow the recommendations proposed 4 6 in the substance abuse evaluation for appropriate 4 7 substance abuse treatment for the defendant. Court- 4 8 ordered substance abuse treatment is subject to the 4 9 periodic reporting requirements of section 125.86. 4 10 This paragraph shall not apply to a defendant 4 11 convicted of a first offense pursuant to section 4 12 321J.2, subsection 2, paragraph "a". 4 13 Sec. . Section 321J.4, subsection 1, Code 2001, 4 14 is amended to read as follows: 4 15 1.IfExcept as provided in section 321J.2, 4 16 subsection 2, paragraph "a", subparagraph (3), if a 4 17 defendant is convicted of a violation of section 4 18 321J.2 and the defendant's driver's license or 4 19 nonresident operating privilege has not been revoked 4 20 under section 321J.9 or 321J.12 for the occurrence 4 21 from which the arrest arose, the department shall 4 22 revoke the defendant's driver's license or nonresident 4 23 operating privilege for one hundred eighty days if the 4 24 defendant has had no previous conviction or revocation 4 25 under this chapter. The defendant shall not be 4 26 eligible for any temporary restricted license for at 4 27 least thirty days after the effective date of the 4 28 revocation if a test was obtained, and for at least 4 29 ninety days if a test was refused. If the defendant 4 30 is under the age of twenty-one, the defendant shall 4 31 not be eligible for a temporary restricted license for 4 32 at least sixty days after the effective date of 4 33 revocation. 4 34 Sec. . Section 321J.4B, subsection 5, paragraph 4 35 d, Code 2001, is amended to read as follows: 4 36 d. The period of impoundment or immobilization of 4 37 a motor vehicle under this section shall be the period 4 38 of license revocation imposed upon the person 4 39 convicted of the offense or one hundred eighty days, 4 40 whichever period is longer. However, for violations 4 41 described in section 321J.2, subsection 2, paragraph 4 42 "a", the period of impoundment or immobilization of a 4 43 motor vehicle shall be the mandatory ninety-day period 4 44 of license revocation. The impoundment or 4 45 immobilization period shall commence on the day that 4 46 the vehicle is first impounded or immobilized." 4 47 #2. Page 1, by inserting after line 10 the 4 48 following: 4 49 "Sec. . Section 321J.12, subsection 1, 4 50 paragraph a, Code Supplement 2001, is amended to read 5 1 as follows: 5 2 a. One hundred eighty days if the person has had 5 3 no revocation under this chapter, except as provided 5 4 in section 321J.2, subsection 2, paragraph "a", 5 5 subparagraph (3)." 5 6 #3. Page 1, by inserting after line 25 the 5 7 following: 5 8 "Sec. . Section 321J.17, subsection 2, Code 5 9 2001, is amended by adding the following new 5 10 unnumbered paragraph: 5 11 NEW UNNUMBERED PARAGRAPH. This subsection shall 5 12 not apply to a person convicted of a first offense 5 13 pursuant to section 321J.2, subsection 2, paragraph 5 14 "a". 5 15 Sec. . Section 321J.24, subsection 2, Code 5 16 2001, is amended to read as follows: 5 17 2. A reality education substance abuse prevention 5 18 program is established in those judicial districts 5 19 where the chief judge of the judicial district 5 20 authorizes participation in the program. Upon a 5 21 conviction or adjudication for a violation of section 5 22 321J.2, or the entry of a deferred judgment concerning 5 23 a violation of section 321J.2, the court or juvenile 5 24 court may order participation in the reality education 5 25 substance abuse prevention program as a term and 5 26 condition of probation or disposition in addition to 5 27 any other term or condition of probation or 5 28 disposition required or authorized by law. The court 5 29 or juvenile court shall require the defendant or 5 30 delinquent child to abstain from consuming any 5 31 controlled substance, alcoholic liquor, wine, or beer 5 32 while participating in the program. This subsection 5 33 shall not apply to a conviction or adjudication 5 34 pursuant to section 321J.2, subsection 2, paragraph 5 35 "a"." 5 36 #4. Page 1, by inserting after line 27 the 5 37 following: 5 38 "Sec. __. FUTURE EFFECTIVE DATE. Section 100 of 5 39 this Act shall take effect July 1, 2003." 5 40 #5. Title page, line 1, by striking the words 5 41 "providing for a .08 blood alcohol concentration limit 5 42 for" and inserting the following: "relating to". 5 43 #6. Title page, line 2, by inserting after the 5 44 word "offenses" the following: ", and providing an 5 45 effective date". 5 46 #7. By renumbering as necessary. 5 47 5 48 5 49 5 50 HORBACH of Tama 6 1 6 2 6 3 6 4 KETTERING of Sac 6 5 6 6 6 7 6 8 DOTZLER of Black Hawk 6 9 6 10 6 11 6 12 CHIODO of Polk 6 13 6 14 6 15 6 16 BRUNKHORST of Bremer 6 17 6 18 6 19 6 20 HEATON of Henry 6 21 6 22 6 23 6 24 HANSEN of Pottawattamie 6 25 6 26 6 27 6 28 TYRRELL of Iowa 6 29 6 30 6 31 6 32 ELGIN of Linn 6 33 6 34 6 35 6 36 MERTZ of Kossuth 6 37 SF 2144.3 6 38 rh/es/25
Text: H08566 Text: H08568 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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