Text: HF02406 Text: HF02408 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 2, paragraph c, 1 2 subparagraph (2), Code Supplement 2003, is amended to read as 1 3 follows: 1 4 (2) If the court suspends a person's sentence of 1 5 commitment to the custody of the director of the department of 1 6 corrections under this paragraph "c", the court shall order 1 7 the person to serve not less than thirty days nor more than 1 8 one year in the county jail, and the. Upon the person's 1 9 release from the county jail, the court shall place the person 1 10 on probation and maybe committedcommit the person to 1 11 treatment in the community under section 907.6. The terms and 1 12 conditions of probation shall require submission to random 1 13 drug or alcohol testing. If the person fails a drug or 1 14 alcohol test, the court may transfer the person's placement to 1 15 a facility pursuant to section 904.513. For purposes of this 1 16 subparagraph, "random drug or alcohol testing" means testing 1 17 for the purposes of detecting drugs or alcohol which is 1 18 conducted on a periodic basis without advance notice. 1 19 EXPLANATION 1 20 This bill relates to suspended sentences of incarceration 1 21 for third or subsequent operating-while-intoxicated motor 1 22 vehicle offenses. 1 23 The bill provides that a person who is convicted of a third 1 24 or subsequent operating-while-intoxicated motor vehicle 1 25 offense who receives a suspended sentence of commitment to the 1 26 custody of the department of corrections shall be placed on 1 27 probation and shall be required to submit to random drug or 1 28 alcohol testing. The bill further states that if the person 1 29 fails a drug or alcohol test, the court may transfer the 1 30 person's placement to a facility such as a prison or 1 31 residential facility pursuant to Code section 904.513. 1 32 LSB 6176HH 80 1 33 rh/gg/14
Text: HF02406 Text: HF02408 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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