Text: HF02599 Text: HF02601 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 1, paragraph b, Code 1 2 2001, is amended to read as follows: 1 3 b. While having an alcohol concentration of.10.08 or 1 4 more. 1 5 Sec. 2. Section 321J.2, subsection 2, paragraph c, Code 1 6 2001, is amended by striking the paragraph and inserting in 1 7 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 custody of 1 10 the director of the department of corrections for an 1 11 indeterminate term not to exceed five years, shall be confined 1 12 for a mandatory minimum term of thirty days, and shall be 1 13 assessed a fine of not less than two thousand five hundred 1 14 dollars nor more than seven thousand five hundred dollars. 1 15 (1) If the court does not suspend a person's sentence 1 16 under this paragraph "c", the person shall be assigned to a 1 17 facility pursuant to section 904.513. 1 18 (2) If the court suspends a person's sentence under this 1 19 paragraph "c", the court shall commit the person to the 1 20 custody of the director of the department of corrections and 1 21 order the person to serve not less than thirty days nor more 1 22 than one year in the county jail, and the person may be 1 23 committed to treatment in the community under section 907.6. 1 24 Sec. 3. Section 321J.4, subsection 6, Code 2001, is 1 25 amended to read as follows: 1 26 6. Upon a plea or verdict of guilty of a violation of 1 27 section 321J.2 which involved a death, the court shall 1 28 determine in open court, from consideration of the information 1 29 in the file and any other evidence the parties may submit, 1 30 whether a death occurred and, if so, whether the defendant's 1 31 conduct in violation of section 321J.2 caused the death. If 1 32 the court so determines, the court shall order the department 1 33 to revoke the defendant's driver's license or nonresident 1 34 operating privilege for a period of six years in addition to 1 35 any other period of suspension or revocation. The defendant 2 1 shall not be eligible for any temporary restricted license for 2 2 at least two years after the revocation. The defendant shall 2 3 surrender to the court any Iowa license or permit and the 2 4 court shall forward it to the department with a copy of the 2 5 order for revocation. 2 6 Sec. 4. Section 321J.6, subsection 1, paragraph g, Code 2 7 2001, is amended to read as follows: 2 8 g. The preliminary breath screening test was administered 2 9 and it indicated an alcohol concentration of .02 or more but 2 10 less than.10.08 and the person is under the age of twenty- 2 11 one. 2 12 Sec. 5. Section 321J.12, subsection 5, Code Supplement 2 13 2001, is amended to read as follows: 2 14 5. Upon certification, subject to penalty of perjury, by 2 15 the peace officer that there existed reasonable grounds to 2 16 believe that the person had been operating a motor vehicle in 2 17 violation of section 321J.2A, that there existed one or more 2 18 of the necessary conditions for chemical testing described in 2 19 section 321J.6, subsection 1, and that the person submitted to 2 20 chemical testing and the test results indicated an alcohol 2 21 concentrationas defined in section 321J.1of .02 or more but 2 22 less than.10.08, the department shall revoke the person's 2 23 driver's license or operating privilege for a period of sixty 2 24 days if the person has had no previous revocation under this 2 25 chapter, and for a period of ninety days if the person has had 2 26 a previous revocation under this chapter. 2 27 Sec. 6. Section 707.6A, subsections 1 and 7, Code 2001, 2 28 are amended to read as follows: 2 29 1. a. A person who has not been previously convicted of 2 30 an operating-while-intoxicated offense in violation of section 2 31 321J.2 commits a class"B""C" felony when the person 2 32 unintentionally causes the death of another by operating a 2 33 motor vehicle while intoxicated, as prohibited by section 2 34 321J.2. The maximum sentence for a person convicted under 2 35 this paragraph shall be a period of confinement of not more 3 1 than ten years.Upon a plea or verdict of guilty of a3 2violation of this subsection, the court shall do the3 3following:3 4 b. A person who has been previously convicted of an 3 5 operating-while-intoxicated offense in violation of section 3 6 321J.2 commits a class "B" felony when the person 3 7 unintentionally causes the death of another by operating a 3 8 motor vehicle while intoxicated, as prohibited by section 3 9 321J.2, and shall serve a minimum term of confinement of five 3 10 years. 3 11 c. A person who has been previously convicted of two or 3 12 more operating-while-intoxicated offenses in violation of 3 13 section 321J.2 commits a class "B" felony when the person 3 14 unintentionally causes the death of another by operating a 3 15 motor vehicle while intoxicated, as prohibited by section 3 16 321J.2, and shall serve a minimum term of confinement of seven 3 17 years. 3 18 d. Upon a plea or verdict of guilty of a violation of this 3 19 subsection, the court shall do all of the following: 3 20a.(1) Order the state department of transportation to 3 21 revoke the defendant's driver's license or nonresident 3 22 operating privileges for a period of six years. The defendant 3 23 shall surrender to the court any Iowa license or permit and 3 24 the court shall forward the license or permit to the 3 25 department with a copy of the revocation order. The defendant 3 26 shall not be eligible for a temporary restricted license for 3 27 at least two years after the revocation. 3 28b.(2) Order the defendant, at the defendant's expense, to 3 29 do the following: 3 30(1)(a) Enroll, attend, and satisfactorily complete a 3 31 course for drinking drivers, as provided in section 321J.22. 3 32(2)(b) Submit to evaluation and treatment or 3 33 rehabilitation services. 3 34c.(3) A driver's license or nonresident operating 3 35 privilege shall not be reinstated until proof of completion of 4 1 the requirements ofparagraph "b"subparagraph (2) is 4 2 presented to the department. 4 3d.(4) Where the program is available and appropriate for 4 4 the defendant, the court shall also order the defendant to 4 5 participate in a reality education substance abuse prevention 4 6 program as provided in section 321J.24. 4 7 7. Notwithstanding the provisions of sections 901.5 and 4 8 907.3, the court shall not defer judgment or sentencing, or 4 9 suspend execution of any part of the sentence applicable to 4 10 the defendant for a violation of subsection 1, paragraph "b" 4 11 or "c", or for a violation of subsection 4 involving the 4 12 operation of a motor vehicle while intoxicated. 4 13 Sec. 7. Section 902.3, Code 2001, is amended to read as 4 14 follows: 4 15 902.3 INDETERMINATE SENTENCE. 4 16 When a judgment of conviction of a felony other than a 4 17 class "A" felony is entered against a person, the court, in 4 18 imposing a sentence of confinement, shall commit the person 4 19 into the custody of the director of the Iowa department of 4 20 corrections for an indeterminate term, the maximum length of 4 21 which shall not exceed the limits as fixed by section 902.9, 4 22 unless otherwise prescribed by statute, nor shall the term be 4 23 less than the minimum term imposed by law, if a minimum 4 24 sentence is provided. However, if the courtmay sentence a4 25person convicted of a class "D" felony for a violation of4 26section 321J.2 to imprisonment for up to one year in a county4 27jail under section 902.9, subsection 5, and the person shall4 28not be under the custody of the director of the Iowa4 29department of correctionssuspends a person's sentence under 4 30 section 321J.2, subsection 2, paragraph "c", the court shall 4 31 order the offender to serve time in the county jail as 4 32 provided in section 321J.2, subsection 2, paragraph "c", 4 33 notwithstanding any provision to the contrary in section 4 34 903.4. 4 35 Sec. 8. Section 902.9, subsection 5, Code Supplement 2001, 5 1 is amended to read as follows: 5 2 5. A class "D" felon, not an habitual offender, shall be 5 3 confined for no more than five years, and in addition shall be 5 4 sentenced to a fine of at least seven hundred fifty dollars 5 5 but not more than seven thousand five hundred dollars.A5 6class "D" felon, such felony being for a violation of section5 7321J.2, may be sentenced to imprisonment for up to one year in5 8the county jail.5 9 Sec. 9. Section 907.3, subsection 1, paragraph j, Code 5 10 Supplement 2001, is amended to read as follows: 5 11 j. The offense is a violation of section 707.6A, 5 12 subsection 1, paragraph "b" or "c"; or a violation of section 5 13 707.6A, subsection 4, involving operation of a motor vehicle 5 14 while intoxicated. 5 15 Sec. 10. Section 907.3, subsection 2, paragraph d, Code 5 16 Supplement 2001, is amended to read as follows: 5 17 d. Section 707.6A, subsection 1, paragraph "b" or "c"; or 5 18 section 707.6A, subsection 4, involving operation of a motor 5 19 vehicle while intoxicated. 5 20 Sec. 11. Section 907.3, subsection 3, paragraph d, Code 5 21 Supplement 2001, is amended to read as follows: 5 22 d. A sentence imposed pursuant to section 707.6A, 5 23 subsection 1, paragraph "b" or "c"; or section 707.6A, 5 24 subsection 4, involving operation of a motor vehicle while 5 25 intoxicated. 5 26 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 27 3, shall not apply to this Act. 5 28 EXPLANATION 5 29 This bill provides for a number of changes to Iowa's 5 30 operating-while-intoxicated law. 5 31 The bill changes the limit for blood alcohol concentration 5 32 (BAC) while driving a motor vehicle from .10 BAC to .08 BAC. 5 33 Under the bill, a person who drives with .08 BAC or higher 5 34 would violate Code section 321J.2, the operating-while- 5 35 intoxicated statute. 6 1 The bill provides that persons who commit a third or 6 2 subsequent operating-while-intoxicated (OWI) offense shall be 6 3 committed to the custody of the director of the department of 6 4 corrections for an indeterminate term not to exceed five years 6 5 with a mandatory minimum term of confinement of 30 days, and 6 6 assessed a fine of not less than $2,500 nor more than $7,500. 6 7 The bill also provides that if the court does not suspend the 6 8 person's sentence, the person shall be assigned to an OWI 6 9 treatment facility. If the court suspends the person's 6 10 sentence, the court shall commit the person to the custody of 6 11 the director of the department of corrections, and shall order 6 12 the person to serve at least 30 days but not more than one 6 13 year in the county jail, and the person may be committed to 6 14 treatment in the community. The bill addresses the case of 6 15 State v. Iowa District Court for Mahaska County, 620 N.W.2d 6 16 271 (Iowa 2000), in which the Iowa supreme court held that 6 17 Code section 321J.2, subsection 2, paragraph "c", requires a 6 18 mandatory minimum period of incarceration for a third or 6 19 subsequent offense for imprisonment in the county jail only, 6 20 but not for commitment to the department of corrections. 6 21 The bill also provides that upon a plea or verdict of 6 22 guilty of an operating-while-intoxicated offense in which the 6 23 court has determined the defendant's conduct resulted in a 6 24 death, in addition to any other period of suspension or 6 25 revocation, the court shall order the state department of 6 26 transportation to revoke the defendant's driver's license for 6 27 a period of six years in addition to any other period of 6 28 suspension or revocation. 6 29 The bill provides that a person who has not previously been 6 30 convicted of an operating-while-intoxicated offense commits a 6 31 class "C" felony when the person unintentionally causes the 6 32 death of another by operating a motor vehicle while 6 33 intoxicated, and shall serve a maximum sentence of 10 years. 6 34 The bill further provides that a person who has previously 6 35 been convicted of an operating-while-intoxicated offense 7 1 commits a class "B" felony when the person unintentionally 7 2 causes the death of another by operating a motor vehicle while 7 3 intoxicated, and shall serve a minimum term of confinement of 7 4 five years, and that a person who has previously been 7 5 convicted of two or more operating-while-intoxicated offenses 7 6 also commits a class "B" felony when the person 7 7 unintentionally causes the death of another by operating a 7 8 motor vehicle while intoxicated, but shall serve a minimum 7 9 term of confinement of seven years. 7 10 A class "B" felony is punishable by confinement for no more 7 11 than 25 years. A class "C" felony is punishable by 7 12 confinement for no more than 10 years and a fine of at least 7 13 $1,000 but not more than $10,000. 7 14 The bill may include a state mandate as defined in Code 7 15 section 25B.3. The bill makes inapplicable Code section 7 16 25B.2, subsection 3, which would relieve a political 7 17 subdivision from complying with a state mandate if funding for 7 18 the cost of the state mandate is not provided or specified. 7 19 Therefore, political subdivisions are required to comply with 7 20 any state mandate included in the bill. 7 21 LSB 5870HH 79 7 22 rh/cls/14
Text: HF02599 Text: HF02601 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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