Text: HF02229 Text: HF02231 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 courtmay sentence a2 6person convicted of a class "D" felony for a violation of2 7section 321J.2 to imprisonment for up to one year in a county2 8jail under section 902.9, subsection 5, and the person shall2 9not be under the custody of the director of the Iowa2 10department of correctionssuspends 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.A2 22class "D" felon, such felony being for a violation of section2 23321J.2, may be sentenced to imprisonment for up to one year in2 24the 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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