House File 325 - Introduced



                                    HOUSE FILE       
                                    BY  ALONS, KAUFMANN, KOESTER,
                                        DOLECHECK, DE BOEF, RAYHONS,
                                        DRAKE, SWEENEY, HUSEMAN,
                                        SCHULTZ, WINDSCHITL, and SORENSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to operating a motor vehicle while intoxicated
  2    offenses that involve a death, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1806HH 83
  5 jm/nh/5

PAG LIN



  1  1    Section 1.  Section 707.6A, subsection 1, unnumbered
  1  2 paragraph 1, Code 2009, is amended to read as follows:
  1  3    A person commits a class "B" felony when the person
  1  4 unintentionally causes the death of another by operating a
  1  5 motor vehicle while intoxicated, as prohibited by section
  1  6 321J.2, and notwithstanding section 902.9, subsection 2, shall
  1  7 be punished by confinement for no more than fifty years.  A
  1  8 person sentenced for a violation of this subsection shall not
  1  9 be eligible for parole until the person has served a minimum
  1 10 period of confinement of twenty=five years.  Upon a plea or
  1 11 verdict of guilty of a violation of this subsection, the court
  1 12 shall do the following:
  1 13    Sec. 2.  Section 707.8, subsection 4, Code 2009, is amended
  1 14 to read as follows:
  1 15    4.  A person who unintentionally terminates a human
  1 16 pregnancy by any of the means provided pursuant to section
  1 17 707.6A, subsection 1, is guilty of a class "C" "B" felony.
  1 18    Sec. 3.  Section 902.12, Code 2009, is amended by adding
  1 19 the following new subsection:
  1 20    NEW SUBSECTION.  7.  Unintentional termination of a human
  1 21 pregnancy in violation of section 707.8, subsection 4.
  1 22                           EXPLANATION
  1 23    This bill relates to operating a motor vehicle while
  1 24 intoxicated offenses involving a death.
  1 25    The bill increases the penalty for a homicide by vehicle
  1 26 offense when operating a motor vehicle while intoxicated from
  1 27 a class "C" felony to a class "B" felony punishable by
  1 28 confinement for no more than 50 years.  The bill also requires
  1 29 a person who commits such an offense to serve a minimum term
  1 30 of confinement of at least 25 years.  A typical class "B"
  1 31 felony is punishable by confinement for no more than 25 years
  1 32 and contains no mandatory minimum term of confinement.
  1 33    Under the bill, by increasing the penalty for a homicide by
  1 34 vehicle offense when operating a motor vehicle while
  1 35 intoxicated, the penalty for such an offense is also increased
  2  1 when the offense involves leaving the scene of an accident.
  2  2 Under the bill, if a person commits such a homicide by vehicle
  2  3 offense and leaves the scene of the accident, the person is
  2  4 required to serve a minimum term of confinement of 70 percent
  2  5 of the 50=year term of confinement pursuant to the provisions
  2  6 of Code section 902.12(6).  Currently, a person would serve a
  2  7 minimum term of confinement of 70 percent of a 25=year term of
  2  8 confinement pursuant to the provisions of Code section
  2  9 902.12(6).
  2 10    The bill also increases the penalty for an unintentional
  2 11 termination of a human pregnancy when operating a motor
  2 12 vehicle while intoxicated.  The bill increases the penalty
  2 13 from a class "C" felony to a class "B" felony.  The bill also
  2 14 makes the penalty for such an offense subject to the 70
  2 15 percent provisions under Code section 902.12.
  2 16 LSB 1806HH 83
  2 17 jm/nh/5