Text: HSB00579 Text: HSB00581 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 courtmay sentence a1 32person convicted of a class "D" felony for a violation of1 33section 321J.2 to imprisonment for up to one year in a county1 34jail under section 902.9, subsection 5, and the person shall1 35not be under the custody of the director of the Iowa2 1department of correctionssuspends 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.A2 13class "D" felon, such felony being for a violation of section2 14321J.2, may be sentenced to imprisonment for up to one year in2 15the 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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