Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321J.2, subsection 2, paragraph c, Code
1 2 2001, is amended by striking the paragraph and inserting in
1 3 lieu thereof the following:
1 4 c. A class "D" felony for a third offense and each
1 5 subsequent offense, and shall be committed to the custody of
1 6 the director of the department of corrections, confined for
1 7 not more than five years but not less than thirty days, and
1 8 assessed a fine of not less than two thousand five hundred
1 9 dollars nor more than seven thousand five hundred dollars. If
1 10 a person's sentence of commitment to the custody of the
1 11 director of the department of corrections is not suspended,
1 12 the person shall be assigned to a facility pursuant to section
1 13 904.513 or committed to treatment in the community under
1 14 section 907.6. If a person's sentence of commitment to the
1 15 custody of the director of the department of corrections is
1 16 suspended, the sentencing court shall order that the offender
1 17 serve not less than thirty days but not more than one year in
1 18 the county jail.
1 19 EXPLANATION
1 20 This bill addresses an issue raised in the case of State v.
1 21 Iowa District Court for Mahaska County, 620 N.W.2d 271 (Iowa
1 22 2000) and makes an additional change for sentencing persons
1 23 who have committed a third or subsequent operating while
1 24 intoxicated (OWI) offense. The court in Mahaska County held
1 25 that Code section 321J.2, subsection 2, paragraph "c",
1 26 requires a mandatory period of incarceration for a third or
1 27 subsequent offense only for sentences of imprisonment in the
1 28 county jail and not for sentences of commitment to the
1 29 department of corrections.
1 30 The bill amends Code section 321J.2 to provide that persons
1 31 who commit a third or subsequent OWI offense shall be
1 32 committed to the custody of the director of the department of
1 33 corrections, confined for not more than five years but not
1 34 less than 30 days, and assessed a fine of not less than $2,500
1 35 nor more than $7,500. The bill also provides that such
2 1 persons shall be assigned to an OWI violator treatment
2 2 facility or committed to treatment in the community if their
2 3 sentence is not suspended, or ordered to serve at least 30
2 4 days but not more than one year in the county jail if their
2 5 sentence is suspended.
2 6 LSB 3282HV 79
2 7 nh/pj/5
Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00600/HF00646/010319.html
jhf