Senate Amendment 3073


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

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