House File 2687 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 548)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the prosecution of certain criminal offenses
2 and the gathering of evidence for prosecution.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 DIVISION I
1 2 SEPARATE CONVICTIONS
1 3 Section 1. Section 123.91, Code 2005, is amended to read
1 4 as follows:
1 5 123.91 SECOND AND SUBSEQUENT CONVICTION.
1 6 1. Any person who has been convicted, in a criminal
1 7 action, in any court of record, of a violation of a provision
1 8 of this chapter, a provision of the prior laws of this state
1 9 relating to intoxicating liquors, wine, or beer which was in
1 10 force prior to the enactment of this chapter, or a provision
1 11 of the laws of the United States or of any other state
1 12 relating to intoxicating liquors, wine, or beer, and who is
1 13 thereafter convicted of a subsequent criminal offense against
1 14 in violation of any provision of this chapter is guilty of the
1 15 following offenses:
1 16 1. a. For the second conviction, a serious misdemeanor.
1 17 2. b. For the third and each subsequent conviction, an
1 18 aggravated misdemeanor.
1 19 2. Each previous violation, on which conviction was
1 20 entered prior to the date of the offense charged, shall be
1 21 considered and counted as a separate previous conviction.
1 22 Sec. 2. Section 124.401, subsection 5, Code 2005, is
1 23 amended to read as follows:
1 24 5. a. It is unlawful for any person knowingly or
1 25 intentionally to possess a controlled substance unless such
1 26 substance was obtained directly from, or pursuant to, a valid
1 27 prescription or order of a practitioner while acting in the
1 28 course of the practitioner's professional practice, or except
1 29 as otherwise authorized by this chapter. Any person who
1 30 violates this subsection is guilty of a serious misdemeanor
1 31 for a first offense. A person who commits a violation of this
1 32 subsection and who has previously been convicted of violating
1 33 this chapter or chapter 124A, 124B, or 453B is guilty of an
1 34 aggravated misdemeanor. A person who commits a violation of
1 35 this subsection and has previously been convicted two or more
2 1 times of violating this chapter or chapter 124A, 124B, or 453B
2 2 is guilty of a class "D" felony.
2 3 b. If the controlled substance is marijuana, the
2 4 punishment shall be by imprisonment in the county jail for not
2 5 more than six months or by a fine of not more than one
2 6 thousand dollars, or by both such fine and imprisonment for a
2 7 first offense. If the controlled substance is marijuana and
2 8 the person has been previously convicted of a violation of
2 9 this subsection in which the controlled substance was
2 10 marijuana, the punishment shall be as provided in section
2 11 903.1, subsection 1, paragraph "b". If the controlled
2 12 substance is marijuana and the person has been previously
2 13 convicted two or more times of a violation of this subsection
2 14 in which the controlled substance was marijuana, the person is
2 15 guilty of an aggravated misdemeanor.
2 16 c. All or any part of a sentence imposed pursuant to this
2 17 subsection may be suspended and the person placed upon
2 18 probation upon such terms and conditions as the court may
2 19 impose including the active participation by such person in a
2 20 drug treatment, rehabilitation or education program approved
2 21 by the court.
2 22 d. If a person commits a violation of this subsection, the
2 23 court shall order the person to serve a term of imprisonment
2 24 of not less than forty=eight hours. Any sentence imposed may
2 25 be suspended, and the court shall place the person on
2 26 probation upon such terms and conditions as the court may
2 27 impose. If the person is not sentenced to confinement under
2 28 the custody of the director of the department of corrections,
2 29 the terms and conditions of probation shall require submission
2 30 to random drug testing. If the person fails a drug test, the
2 31 court may transfer the person's placement to any appropriate
2 32 placement permissible under the court order.
2 33 e. If the controlled substance is amphetamine, its salts,
2 34 isomers, or salts of its isomers, or methamphetamine, its
2 35 salts, isomers, or salts of its isomers, the court shall order
3 1 the person to serve a term of imprisonment of not less than
3 2 forty=eight hours. Any sentence imposed may be suspended, and
3 3 the court shall place the person on probation upon such terms
3 4 and conditions as the court may impose. The court may place
3 5 the person on intensive probation. However, the terms and
3 6 conditions of probation shall require submission to random
3 7 drug testing. If the person fails a drug test, the court may
3 8 transfer the person's placement to any appropriate placement
3 9 permissible under the court order.
3 10 f. Each previous violation of this subsection on which
3 11 conviction was entered prior to the date of the offense
3 12 charged shall be considered and counted as a separate previous
3 13 conviction.
3 14 Sec. 3. NEW SECTION. 714.2A SEPARATE CONVICTIONS.
3 15 Each previous violation of this chapter on which conviction
3 16 was entered prior to the date of the offense charged shall be
3 17 considered and counted as a separate previous conviction.
3 18 DIVISION II
3 19 SERIOUS INJURY == OWI
3 20 Sec. 4. Section 321J.10, subsection 1, paragraph a, Code
3 21 2005, is amended to read as follows:
3 22 a. A traffic accident has resulted in a death or personal
3 23 injury reasonably likely to cause death serious injury.
3 24 Sec. 5. Section 321J.10A, subsection 1, unnumbered
3 25 paragraph 1, Code 2005, is amended to read as follows:
3 26 Notwithstanding section 321J.10, if a person is under
3 27 arrest for an offense arising out of acts alleged to have been
3 28 committed while the person was operating a motor vehicle in
3 29 violation of section 321J.2 or 321J.2A, and that arrest
3 30 results from an accident that causes a death or personal
3 31 injury reasonably likely to cause death serious injury, a
3 32 chemical test of blood may be administered without the consent
3 33 of the person arrested to determine the amount of alcohol or a
3 34 controlled substance in that person's blood if all of the
3 35 following circumstances exist:
4 1 EXPLANATION
4 2 This bill relates to the prosecution of certain criminal
4 3 offenses and the gathering of evidence for prosecution.
4 4 Under the bill, a person may be charged with another
4 5 criminal offense if the person has a previous violation on
4 6 which conviction or deferral of judgment was entered prior to
4 7 the date of the current offense charged for the following
4 8 offenses: public intoxication (Code section 123.91),
4 9 possession of a controlled substance offense (Code section
4 10 124.401(5)), and any theft in violation of Code section 714.7D
4 11 or Code section 714.26.
4 12 Under the bill, a person who is alleged to be operating a
4 13 motor vehicle while intoxicated may be required to submit to a
4 14 chemical test of blood, without the consent of the person, if
4 15 the person is involved in an accident that causes death or
4 16 serious injury. "Serious injury" is defined in Code section
4 17 321J.1, subsection 9, to mean a bodily injury which creates
4 18 substantial risk of death, or which causes serious permanent
4 19 disfigurement, or which causes protracted loss or impairment
4 20 of the function of any bodily organ or major bodily member, or
4 21 which causes the loss of any bodily member. Current law
4 22 provides the person may be required to submit to a chemical
4 23 test of blood, without the consent of the person, if the
4 24 person is involved in an accident that causes death or
4 25 personal injury reasonably likely to cause death.
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