Text: S03045 Text: S03047 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 37 as follows: 1 2 #1. Page 1, by inserting after line 4 the 1 3 following: 1 4 "Sec. . Section 321J.2, subsection 2, paragraph 1 5 a, subparagraph (1), Code 2003, is amended to read as 1 6 follows: 1 7 (1) Imprisonment in the county jailfor not less1 8than forty-eight hoursup to one year, to be served as 1 9 ordered by the court, less credit for any time the 1 10 person was confined in a jail or detention facility 1 11 following arrest. However, the court, in ordering 1 12 service of the sentence and in its discretion, may 1 13 accommodate the defendant's work schedule. 1 14 Sec. . Section 321J.2, subsection 2, paragraphs 1 15 b and c, Code 2003, are amended to read as follows: 1 16 b. An aggravated misdemeanor for a second offense, 1 17 andshallmay be imprisoned in the county jail or 1 18 community-based correctional facilitynot less than1 19seven daysup to two years, and shall be assessed a 1 20 fine of not less than one thousand five hundred 1 21 dollars nor more than five thousand dollars. 1 22 c. A class "D" felony for a third offense and each 1 23 subsequent offense, andshallmay be committed to the 1 24 custody of the director of the department of 1 25 corrections for an indeterminate term not to exceed 1 26 five years,shall be confined for a mandatory minimum1 27term of thirty days,and shall be assessed a fine of 1 28 not less than two thousand five hundred dollars nor 1 29 more than seven thousand five hundred dollars. 1 30 (1) If the court does not suspend a person's 1 31 sentence of commitment to the custody of the director 1 32 of the department of corrections under this paragraph 1 33 "c", the person shall be assigned to a facility 1 34 pursuant to section 904.513. 1 35 (2) If the court suspends a person's sentence of 1 36 commitment to the custody of the director of the 1 37 department of corrections under this paragraph "c", 1 38the court shall order the person to serve not less1 39than thirty days nor more than one year in the county1 40jail, andthe person may be committed to treatment in 1 41 the community under section 907.6. 1 42 Sec. . Section 321J.2, Code 2003, is amended by 1 43 adding the following new subsection: 1 44 NEW SUBSECTION. 2A. In ordering service of the 1 45 defendant's sentence under subsection 2, paragraph 1 46 "a", "b", or "c", the court may order the defendant to 1 47 perform a specified amount of unpaid community 1 48 service, assign the defendant to a substance abuse 1 49 treatment facility, or order the defendant to attend 1 50 and participate in a reality education substance abuse 2 1 prevention program or drinking drivers course, or any 2 2 combination of the foregoing, in lieu of the sentence 2 3 of confinement. 2 4 Sec. . Section 321J.2, subsection 3, paragraph 2 5 a, unnumbered paragraph 1, Code 2003, is amended to 2 6 read as follows: 2 7 Notwithstanding the provisions of sections 901.5 2 8 and 907.3, the court shall notdefer judgment or2 9sentencing, or suspend execution of any mandatory2 10minimum sentence of incarceration applicable to the2 11defendant under subsection 2, and shall notsuspend 2 12 execution of any other part of a sentence not 2 13 involving incarceration imposed pursuant to subsection 2 14 2, if any of the following apply: 2 15 Sec. . Section 321J.2, subsection 3, paragraph 2 16 d, Code 2003, is amended to read as follows: 2 17 d. Aminimumterm of imprisonment in a county jail 2 18 or community-based correctional facility imposed on a 2 19 person convicted of a second or subsequent offense 2 20 under subsection 2 shall be served on consecutive 2 21 days. However, if the sentencing court finds that 2 22 service of the fullminimumterm on consecutive days 2 23 would work an undue hardship on the person, or finds 2 24 that sufficient jail space is not available and is not 2 25 reasonably expected to become available within four 2 26 months after sentencing to incarcerate the person 2 27 serving theminimumsentence on consecutive days, the 2 28 court may order the person to serve theminimumterm 2 29 in segments of at least forty-eight hours and to 2 30 perform a specified number of hours of unpaid 2 31 community service as deemed appropriate by the 2 32 sentencing court." 2 33 #2. Page 1, by inserting after line 25, the 2 34 following: 2 35 "Sec. . Section 907.3, subsection 3, paragraph 2 36 c, Code 2003, is amended to read as follows: 2 37 c.A mandatory minimum sentence of incarceration2 38imposed pursuant to a violation of section 321J.2,2 39subsection 1; furthermore, the court shall not suspend2 40anyAny part of a sentence not involving incarceration 2 41 imposed pursuant to section 321J.2, subsection 2, 2 42 beyond the mandatory minimum if any of the following 2 43 apply:" 2 44 #3. Title page, line 1, by striking the words and 2 45 figure "providing for a .08 blood alcohol 2 46 concentration limit for" and inserting the following: 2 47 "relating to". 2 48 #4. By renumbering as necessary. 2 49 2 50 3 1 3 2 DAVID MILLER 3 3 3 4 3 5 3 6 BOB BRUNKHORST 3 7 SF 37.201 80 3 8 rh/sh
Text: S03045 Text: S03047 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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