Text: S03036                            Text: S03038
Text: S03000 - S03099                   Text: S Index
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Senate Amendment 3037

Amendment Text

PAG LIN
  1  1    Amend House File 65, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 4 the
  1  4 following:
  1  5    "Sec.   .  Section 321J.2, subsection 2, paragraph
  1  6 a, subparagraph (1), Code 2003, is amended to read as
  1  7 follows:
  1  8    (1)  Imprisonment in the county jail for not less
  1  9 than forty-eight hours up to one year, to be served as
  1 10 ordered by the court, less credit for any time the
  1 11 person was confined in a jail or detention facility
  1 12 following arrest.  However, the court, in ordering
  1 13 service of the sentence and in its discretion, may
  1 14 accommodate the defendant's work schedule."
  1 15    #2.  Page 2, by inserting after line 4 the
  1 16 following:
  1 17    "Sec.   .  Section 321J.2, subsection 2, paragraphs
  1 18 b and c, Code 2003, are amended to read as follows:
  1 19    b.  An aggravated misdemeanor for a second offense,
  1 20 and shall may be imprisoned in the county jail or
  1 21 community-based correctional facility not less than
  1 22 seven days up to two years, and shall be assessed a
  1 23 fine of not less than one thousand five hundred
  1 24 dollars nor more than five thousand dollars.
  1 25    c.  A class "D" felony for a third offense and each
  1 26 subsequent offense, and shall may be committed to the
  1 27 custody of the director of the department of
  1 28 corrections for an indeterminate term not to exceed
  1 29 five years, shall be confined for a mandatory minimum
  1 30 term of thirty days, and shall be assessed a fine of
  1 31 not less than two thousand five hundred dollars nor
  1 32 more than seven thousand five hundred dollars.
  1 33    (1)  If the court does not suspend a person's
  1 34 sentence of commitment to the custody of the director
  1 35 of the department of corrections under this paragraph
  1 36 "c", the person shall be assigned to a facility
  1 37 pursuant to section 904.513.
  1 38    (2)  If the court suspends a person's sentence of
  1 39 commitment to the custody of the director of the
  1 40 department of corrections under this paragraph "c",
  1 41 the court shall order the person to serve not less
  1 42 than thirty days nor more than one year in the county
  1 43 jail, and the person may be committed to treatment in
  1 44 the community under section 907.6.
  1 45    Sec.   .  Section 321J.2, Code 2003, is amended by
  1 46 adding the following new subsection:
  1 47    NEW SUBSECTION.  2A.  In ordering service of the
  1 48 defendant's sentence under subsection 2, paragraph
  1 49 "a", "b", or "c", the court may order the defendant to
  1 50 perform a specified amount of unpaid community
  2  1 service, assign the defendant to a substance abuse
  2  2 treatment facility, or order the defendant to attend
  2  3 and participate in a reality education substance abuse
  2  4 prevention program or drinking drivers course, or any
  2  5 combination of the foregoing, in lieu of the sentence
  2  6 of confinement.
  2  7    Sec.   .  Section 321J.2, subsection 3, paragraph
  2  8 a, unnumbered paragraph 1, Code 2003, is amended to
  2  9 read as follows:
  2 10    Notwithstanding the provisions of sections 901.5
  2 11 and 907.3, the court shall not defer judgment or
  2 12 sentencing, or suspend execution of any mandatory
  2 13 minimum sentence of incarceration applicable to the
  2 14 defendant under subsection 2, and shall not suspend
  2 15 execution of any other part of a sentence not
  2 16 involving incarceration imposed pursuant to subsection
  2 17 2, if any of the following apply:
  2 18    Sec.   .  Section 321J.2, subsection 3, paragraph
  2 19 d, Code 2003, is amended to read as follows:
  2 20    d.  A minimum term of imprisonment in a county jail
  2 21 or community-based correctional facility imposed on a
  2 22 person convicted of a second or subsequent offense
  2 23 under subsection 2 shall be served on consecutive
  2 24 days.  However, if the sentencing court finds that
  2 25 service of the full minimum term on consecutive days
  2 26 would work an undue hardship on the person, or finds
  2 27 that sufficient jail space is not available and is not
  2 28 reasonably expected to become available within four
  2 29 months after sentencing to incarcerate the person
  2 30 serving the minimum sentence on consecutive days, the
  2 31 court may order the person to serve the minimum term
  2 32 in segments of at least forty-eight hours and to
  2 33 perform a specified number of hours of unpaid
  2 34 community service as deemed appropriate by the
  2 35 sentencing court."
  2 36    #3.  Page 6, by inserting after line 22, the
  2 37 following:
  2 38    "Sec.   .  Section 907.3, subsection 3, paragraph
  2 39 c, Code 2003, is amended to read as follows:
  2 40    c.  A mandatory minimum sentence of incarceration
  2 41 imposed pursuant to a violation of section 321J.2,
  2 42 subsection 1; furthermore, the court shall not suspend
  2 43 any Any part of a sentence not involving incarceration
  2 44 imposed pursuant to section 321J.2, subsection 2,
  2 45 beyond the mandatory minimum if any of the following
  2 46 apply:"
  2 47    #4.  By renumbering as necessary.  
  2 48 
  2 49 
  2 50                               
  3  1 DAVID MILLER
  3  2 
  3  3 
  3  4                               
  3  5 BOB BRUNKHORST 
  3  6 HF 65.304 80
  3  7 rh/cf

Text: S03036                            Text: S03038
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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