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