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House File 2230

Partial Bill History

Bill Introduced: H.J. 260
Committee Report Issued: S.J. 574
Passed House: H.J. 355
Passed Senate: S.J. 643
Signed by Governor: H.J. 1116
Complete Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 2230
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO SENTENCES OF INCARCERATION FOR THIRD OR SUBSEQUENT
  1  5    OPERATING-WHILE-INTOXICATED MOTOR VEHICLE OFFENSES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 321J.2, subsection 2, paragraph c, Code
  1 10 2001, is amended by striking the paragraph and inserting in
  1 11 lieu thereof the following:
  1 12    c.  A class "D" felony for a third offense and each
  1 13 subsequent offense, and shall be committed to the custody of
  1 14 the director of the department of corrections for an
  1 15 indeterminate term not to exceed five years, shall be confined
  1 16 for a mandatory minimum term of thirty days, and shall be
  1 17 assessed a fine of not less than two thousand five hundred
  1 18 dollars nor more than seven thousand five hundred dollars.
  1 19    (1)  If the court does not suspend a person's sentence of
  1 20 commitment to the custody of the director of the department of
  1 21 corrections under this paragraph "c", the person shall be
  1 22 assigned to a facility pursuant to section 904.513.
  1 23    (2)  If the court suspends a person's sentence of
  1 24 commitment to the custody of the director of the department of
  1 25 corrections under this paragraph "c", the court shall order
  1 26 the person to serve not less than thirty days nor more than
  1 27 one year in the county jail, and the person may be committed
  1 28 to treatment in the community under section 907.6.
  1 29    Sec. 2.  Section 902.3, Code 2001, is amended to read as
  1 30 follows:
  1 31    902.3  INDETERMINATE SENTENCE.
  1 32    When a judgment of conviction of a felony other than a
  1 33 class "A" felony is entered against a person, the court, in
  1 34 imposing a sentence of confinement, shall commit the person
  1 35 into the custody of the director of the Iowa department of
  2  1 corrections for an indeterminate term, the maximum length of
  2  2 which shall not exceed the limits as fixed by section 902.9,
  2  3 unless otherwise prescribed by statute, nor shall the term be
  2  4 less than the minimum term imposed by law, if a minimum
  2  5 sentence is provided.  However, if the court may sentence a
  2  6 person convicted of a class "D" felony for a violation of
  2  7 section 321J.2 to imprisonment for up to one year in a county
  2  8 jail under section 902.9, subsection 5, and the person shall
  2  9 not be under the custody of the director of the Iowa
  2 10 department of corrections suspends a person's sentence under
  2 11 section 321J.2, subsection 2, paragraph "c", the court shall
  2 12 order the offender to serve time in the county jail as
  2 13 provided in section 321J.2, subsection 2, paragraph "c",
  2 14 notwithstanding any provision to the contrary in section
  2 15 903.4.
  2 16    Sec. 3.  Section 902.9, subsection 5, Code Supplement 2001,
  2 17 is amended to read as follows:
  2 18    5.  A class "D" felon, not an habitual offender, shall be
  2 19 confined for no more than five years, and in addition shall be
  2 20 sentenced to a fine of at least seven hundred fifty dollars
  2 21 but not more than seven thousand five hundred dollars.  A
  2 22 class "D" felon, such felony being for a violation of section
  2 23 321J.2, may be sentenced to imprisonment for up to one year in
  2 24 the county jail.  
  2 25 
  2 26 
  2 27                                                             
  2 28                               BRENT SIEGRIST
  2 29                               Speaker of the House
  2 30 
  2 31 
  2 32                                                             
  2 33                               MARY E. KRAMER
  2 34                               President of the Senate
  2 35 
  3  1    I hereby certify that this bill originated in the House and
  3  2 is known as House File 2230, Seventy-ninth General Assembly.
  3  3 
  3  4 
  3  5                                                             
  3  6                               MARGARET THOMSON
  3  7                               Chief Clerk of the House
  3  8 Approved                , 2002
  3  9 
  3 10 
  3 11                            
  3 12 THOMAS J. VILSACK
  3 13 Governor

Text: HF02229                           Text: HF02231
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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