House Journal: Page 1489: Wednesday, April 25, 2001
35 than a class "A" felony is entered against a person,
36 the court, in imposing a sentence of confinement,
37 shall commit the person into the custody of the
38 director of the Iowa department of corrections for an
39 indeterminate term, the maximum length of which shall
40 not exceed the limits as fixed by section 902.9,
41 unless otherwise prescribed by statute, nor shall the
42 term be less than the minimum term imposed by law, if
43 a minimum sentence is provided. However, if the court
44 may sentence a person convicted of a class "D" felony
45 for a violation of section 321J.2 to imprisonment for
46 up to one year in a county jail under section 902.9,
47 subsection 5, and the person shall not be under the
48 custody of the director of the Iowa department of
49 corrections suspends an offender's sentence of
50 commitment to the custody of the director of the
Page 2
1 department of corrections under section 321J.2,
2 subsection 2, paragraph "c", the court shall order the
3 offender to serve time in the county jail as provided
4 in section 321J.2, subsection 2, paragraph "c",
5 notwithstanding any provision to the contrary in
6 section 903.4.
7 Sec. . Section 902.9, subsection 5, Code 2001,
8 is amended to read as follows:
9 5. A class "D" felon, not an habitual offender,
10 shall be confined for no more than five years, and in
11 addition shall be sentenced to a fine of at least
12 seven hundred fifty dollars but not more than seven
13 thousand five hundred dollars. A class "D" felon,
14 such felony being for a violation of section 321J.2,
15 may be sentenced to imprisonment for up to one year in
16 the county jail.""
17 3. Page 1, line 29, by inserting before the word
18 "driving" the following: "sentences for operating
19 while intoxicated violations,".
20 4. By renumbering, redesignating, and correcting
21 internal references as necessary.
Raecker of Polk rose on a point of order that amendment H-1565,
to amendment H-1517, was not germane.
The Speaker ruled the point well taken and amendment H-1565, to
amendment H-1517, was not germane.
Tremmel of Wapello offered the following amendment H(1566, to
amendment H(1517, filed by him and Baudler of Adair and moved its
adoption:
© 2001 Cornell College and
League of Women Voters of Iowa
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