Text: HSB00216                          Text: HSB00218
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House Study Bill 217

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 2, paragraph c, Code
  1  2 2001, is amended to read as follows:
  1  3    c.  A class "D" felony for a third offense and each
  1  4 subsequent offense, and shall be imprisoned in the county jail
  1  5 for a determinate sentence of not more than one year but not
  1  6 less than thirty days, or committed to the custody of the
  1  7 director of the department of corrections for not more than
  1  8 five years but not less than thirty days, and assessed a fine
  1  9 of not less than two thousand five hundred dollars nor more
  1 10 than seven thousand five hundred dollars.  A person convicted
  1 11 of a third or subsequent offense may be committed to the
  1 12 custody of the director of the department of corrections, who
  1 13 shall assign the person to a facility pursuant to section
  1 14 904.513 or the offender may be committed to treatment in the
  1 15 community under the provisions of section 907.6.
  1 16    Sec. 2.  Section 321J.2, subsection 3, paragraph a,
  1 17 unnumbered paragraph 1, Code 2001, is amended to read as
  1 18 follows:
  1 19    Notwithstanding In accordance with the provisions of
  1 20 sections 901.5 and 907.3, the court shall not defer judgment
  1 21 or sentencing, or suspend execution of any mandatory minimum
  1 22 sentence of incarceration applicable to the defendant under
  1 23 subsection 2, and; furthermore, the court shall not defer
  1 24 judgment or sentencing and shall not suspend execution of any
  1 25 other part of a sentence not involving incarceration imposed
  1 26 pursuant to subsection 2, if any of the following apply:  
  1 27                           EXPLANATION
  1 28    This bill addresses an issue raised in the case of State v.
  1 29 Iowa District Court for Mahaska County, 620 N.W.2d 271 (Iowa
  1 30 2000).  The court in Mahaska County held that Code section
  1 31 321J.2, subsection 2, paragraph "c", requires a mandatory
  1 32 period of incarceration for a third or subsequent operating
  1 33 while intoxicated (OWI) offense only for sentences of
  1 34 imprisonment in the county jail and not for sentences of
  1 35 commitment to the department of corrections.
  2  1    The bill amends Code section 321J.2 to provide that persons
  2  2 sentenced to commitment to the custody of the director of the
  2  3 department of corrections for a third or subsequent OWI
  2  4 offense shall be so committed for but not more than five years
  2  5 but not less than 30 days.  The bill also amends Code section
  2  6 321J.2 to provide that the provisions regarding deferred
  2  7 judgments and sentences and suspension of execution of
  2  8 sentences for OWI offenses in Code section 321J.2 are
  2  9 otherwise in accordance with provisions in Code sections 901.5
  2 10 and 907.3.  
  2 11 LSB 3282HC 79
  2 12 nh/pj/5
     

Text: HSB00216                          Text: HSB00218
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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