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 fornot less 1 8 than 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. 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 21sevenfive 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 ofthirtyten 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 thanthirtyten 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 -1-