Text: S03073                            Text: S03075
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3074

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.  In lieu of
  1 15 a sentence of imprisonment, the court may order the
  1 16 defendant to perform unpaid community service."
  1 17    #2.  Page 2, by inserting after line 4 the
  1 18 following:
  1 19    "Sec.   .  Section 321J.2, subsection 2, paragraphs
  1 20 b and c, Code 2003, are amended to read as follows:
  1 21    b.  An aggravated misdemeanor for a second offense,
  1 22 and shall be imprisoned in the county jail or
  1 23 community-based correctional facility not less than
  1 24 seven five days or shall be sentenced to perform
  1 25 unpaid community service for not less than thirty
  1 26 days, and shall be assessed a fine of not less than
  1 27 one thousand five hundred dollars nor more than five
  1 28 thousand dollars.
  1 29    c.  A class "D" felony for a third offense and each
  1 30 subsequent offense, and shall be committed to the
  1 31 custody of the director of the department of
  1 32 corrections for an indeterminate term not to exceed
  1 33 five years, shall be confined for a mandatory minimum
  1 34 term of thirty ten days or shall be sentenced to
  1 35 perform unpaid community service for not less than
  1 36 sixty days, and shall be assessed a fine of not less
  1 37 than two thousand five hundred dollars nor more than
  1 38 seven thousand five hundred dollars.
  1 39    (1)  If the court does not suspend a person's
  1 40 sentence of commitment to the custody of the director
  1 41 of the department of corrections under this paragraph
  1 42 "c", the person shall be assigned to a facility
  1 43 pursuant to section 904.513.
  1 44    (2)  If the court suspends a person's sentence of
  1 45 commitment to the custody of the director of the
  1 46 department of corrections under this paragraph "c",
  1 47 the court shall order the person to serve not less
  1 48 than thirty ten days nor more than one year in the
  1 49 county jail, and the person may be committed to
  1 50 treatment in the community under section 907.6."
  2  1    #3.  By renumbering as necessary.  
  2  2 
  2  3 
  2  4                               
  2  5 DAVID MILLER
  2  6 
  2  7 
  2  8                               
  2  9 BOB BRUNKHORST 
  2 10 HF 65.707 80
  2 11 rh/cl
     

Text: S03073                            Text: S03075
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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