Text: S03072                            Text: S03074
Text: S03000 - S03099                   Text: S Index
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Senate Amendment 3073

Amendment Text

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 jail for not less
  1  8 than forty-eight hours up 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.  In lieu of
  1 14 a sentence of imprisonment, the court may order the
  1 15 defendant to perform unpaid community service.
  1 16    Sec.   .  Section 321J.2, subsection 2, paragraphs
  1 17 b and c, Code 2003, are amended to read as follows:
  1 18    b.  An aggravated misdemeanor for a second offense,
  1 19 and shall be imprisoned in the county jail or
  1 20 community-based correctional facility not less than
  1 21 seven five days or shall be sentenced to perform
  1 22 unpaid community service for not less than thirty
  1 23 days, and shall be assessed a fine of not less than
  1 24 one thousand five hundred dollars nor more than five
  1 25 thousand dollars.
  1 26    c.  A class "D" felony for a third offense and each
  1 27 subsequent offense, and shall be committed to the
  1 28 custody of the director of the department of
  1 29 corrections for an indeterminate term not to exceed
  1 30 five years, shall be confined for a mandatory minimum
  1 31 term of thirty ten days or shall be sentenced to
  1 32 perform unpaid community service for not less than
  1 33 sixty days, and shall be assessed a fine of not less
  1 34 than two thousand five hundred dollars nor more than
  1 35 seven thousand five hundred dollars.
  1 36    (1)  If the court does not suspend a person's
  1 37 sentence of commitment to the custody of the director
  1 38 of the department of corrections under this paragraph
  1 39 "c", the person shall be assigned to a facility
  1 40 pursuant to section 904.513.
  1 41    (2)  If the court suspends a person's sentence of
  1 42 commitment to the custody of the director of the
  1 43 department of corrections under this paragraph "c",
  1 44 the court shall order the person to serve not less
  1 45 than thirty ten days nor more than one year in the
  1 46 county jail, and the person may be committed to
  1 47 treatment in the community under section 907.6."
  1 48    #2.  By renumbering as necessary.  
  1 49 
  1 50 
  2  1                               
  2  2 DAVID MILLER
  2  3 
  2  4 
  2  5                               
  2  6 BOB BRUNKHORST 
  2  7 SF 37.304 80
  2  8 rh/cf
     

Text: S03072                            Text: S03074
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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