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House Study Bill 580

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 2, paragraph c, Code
  1  2 2001, is amended by striking the paragraph and inserting in
  1  3 lieu thereof the following:
  1  4    c.  A class "D" felony for a third offense and each
  1  5 subsequent offense, and shall be committed to the custody of
  1  6 the director of the department of corrections for an
  1  7 indeterminate term not to exceed five years, shall be confined
  1  8 for a mandatory minimum term of thirty days, and shall be
  1  9 assessed a fine of not less than two thousand five hundred
  1 10 dollars nor more than seven thousand five hundred dollars.
  1 11    (1)  If the court does not suspend a person's sentence
  1 12 under this paragraph "c", the person shall be assigned to a
  1 13 facility pursuant to section 904.513.
  1 14    (2)  If the court suspends a person's sentence under this
  1 15 paragraph "c", the court shall commit the person to the
  1 16 custody of the director of the department of corrections and
  1 17 order the person to serve not less than thirty days nor more
  1 18 than one year in the county jail, and the person may be
  1 19 committed to treatment in the community under section 907.6.
  1 20    Sec. 2.  Section 902.3, Code 2001, is amended to read as
  1 21 follows:
  1 22    902.3  INDETERMINATE SENTENCE.
  1 23    When a judgment of conviction of a felony other than a
  1 24 class "A" felony is entered against a person, the court, in
  1 25 imposing a sentence of confinement, shall commit the person
  1 26 into the custody of the director of the Iowa department of
  1 27 corrections for an indeterminate term, the maximum length of
  1 28 which shall not exceed the limits as fixed by section 902.9,
  1 29 unless otherwise prescribed by statute, nor shall the term be
  1 30 less than the minimum term imposed by law, if a minimum
  1 31 sentence is provided.  However, if the court may sentence a
  1 32 person convicted of a class "D" felony for a violation of
  1 33 section 321J.2 to imprisonment for up to one year in a county
  1 34 jail under section 902.9, subsection 5, and the person shall
  1 35 not be under the custody of the director of the Iowa
  2  1 department of corrections suspends a person's sentence under
  2  2 section 321J.2, subsection 2, paragraph "c", the court shall
  2  3 order the offender to serve time in the county jail as
  2  4 provided in section 321J.2, subsection 2, paragraph "c",
  2  5 notwithstanding any provision to the contrary in section
  2  6 903.4.
  2  7    Sec. 3.  Section 902.9, subsection 5, Code Supplement 2001,
  2  8 is amended to read as follows:
  2  9    5.  A class "D" felon, not an habitual offender, shall be
  2 10 confined for no more than five years, and in addition shall be
  2 11 sentenced to a fine of at least seven hundred fifty dollars
  2 12 but not more than seven thousand five hundred dollars.  A
  2 13 class "D" felon, such felony being for a violation of section
  2 14 321J.2, may be sentenced to imprisonment for up to one year in
  2 15 the county jail.  
  2 16                           EXPLANATION
  2 17    This bill provides that persons who commit a third or
  2 18 subsequent operating-while-intoxicated (OWI) offense shall be
  2 19 committed to the custody of the director of the department of
  2 20 corrections for an indeterminate term not to exceed five years
  2 21 with a mandatory minimum term of confinement of 30 days, and
  2 22 assessed a fine of not less than $2,500 nor more than $7,500.
  2 23 The bill also provides that if the court does not suspend the
  2 24 person's sentence, the person shall be assigned to an OWI
  2 25 treatment facility.  If the court suspends the person's
  2 26 sentence, the court shall commit the person to the custody of
  2 27 the director of the department of corrections, and shall order
  2 28 the person to serve at least 30 days but not more than one
  2 29 year in the county jail, and the person may be committed to
  2 30 treatment in the community.
  2 31    The bill addresses the case of State v. Iowa District Court
  2 32 for Mahaska County, 620 N.W.2d 271 (Iowa 2000).  In that case,
  2 33 the Iowa Supreme Court held that Code section 321J.2,
  2 34 subsection 2, paragraph "c", requires a mandatory minimum
  2 35 period of incarceration for a third or subsequent offense for
  3  1 imprisonment in the county jail only, but not for commitment
  3  2 to the department of corrections.  
  3  3 LSB 5332HC 79
  3  4 rh/sh/8
     

Text: HSB00579                          Text: HSB00581
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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