Text: HF02599                           Text: HF02601
Text: HF02600 - HF02699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2600

Partial Bill History

Bill Text

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 concentration as defined in section 321J.1 of .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 a
  3  2 violation of this subsection, the court shall do the
  3  3 following:
  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 20    a. (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 28    b. (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 34    c. (3)  A driver's license or nonresident operating
  3 35 privilege shall not be reinstated until proof of completion of
  4  1 the requirements of paragraph "b" subparagraph (2) is
  4  2 presented to the department.
  4  3    d. (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 court may sentence a
  4 25 person convicted of a class "D" felony for a violation of
  4 26 section 321J.2 to imprisonment for up to one year in a county
  4 27 jail under section 902.9, subsection 5, and the person shall
  4 28 not be under the custody of the director of the Iowa
  4 29 department of corrections suspends 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.  A
  5  6 class "D" felon, such felony being for a violation of section
  5  7 321J.2, may be sentenced to imprisonment for up to one year in
  5  8 the 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

Return To Home index


© 2002 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: Fri Apr 5 03:25:30 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02600/HF02600/020328.html
jhf