Senate
File
431
-
Introduced
SENATE
FILE
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1275)
Passed
Senate,
Date
Passed
House,
Date
Vote:
Ayes
Nays
Vote:
Ayes
Nays
Approved
A
BILL
FOR
1
An
Act
relating
to
the
reorganization
of
2
operating=while=intoxicated
criminal
offenses,
making
related
3
changes,
and
providing
an
effective
date.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1856SV
83
6
rh/nh/8
PAG
LIN
1
1
Section
1.
Section
321J.2,
Code
2009,
is
amended
by
1
2
striking
the
section
and
inserting
in
lieu
thereof
the
1
3
following:
1
4
321J.2
OPERATING
WHILE
UNDER
THE
INFLUENCE
OF
ALCOHOL
OR
A
1
5
DRUG
OR
WHILE
HAVING
AN
ALCOHOL
CONCENTRATION
OF
.08
OR
MORE
1
6
(OWI).
1
7
1.
A
person
commits
the
offense
of
operating
while
1
8
intoxicated
if
the
person
operates
a
motor
vehicle
in
this
1
9
state
in
any
of
the
following
conditions:
1
10
a.
While
under
the
influence
of
an
alcoholic
beverage
or
1
11
other
drug
or
a
combination
of
such
substances.
1
12
b.
While
having
an
alcohol
concentration
of
.08
or
more.
1
13
c.
While
any
amount
of
a
controlled
substance
is
present
1
14
in
the
person,
as
measured
in
the
person's
blood
or
urine.
1
15
2.
A
person
who
violates
subsection
1
commits:
1
16
a.
A
serious
misdemeanor
for
the
first
offense.
1
17
b.
An
aggravated
misdemeanor
for
a
second
offense.
1
18
c.
A
class
"D"
felony
for
a
third
offense
and
each
1
19
subsequent
offense.
1
20
3.
A
first
offense
is
punishable
by
all
of
the
following:
1
21
a.
A
minimum
period
of
imprisonment
in
the
county
jail
of
1
22
forty=eight
hours,
but
not
to
exceed
one
year,
to
be
served
as
1
23
ordered
by
the
court,
less
credit
for
any
time
the
person
was
1
24
confined
in
a
jail
or
detention
facility
following
arrest
or
1
25
for
any
time
the
person
spent
in
a
court=ordered
1
26
operating=while=intoxicated
program
that
provides
law
1
27
enforcement
security.
However,
the
court,
in
ordering
service
1
28
of
the
sentence
and
in
its
discretion,
may
accommodate
the
1
29
defendant's
work
schedule.
1
30
b.
(1)
With
the
consent
of
the
defendant,
the
court
may
1
31
defer
judgment
pursuant
to
section
907.3
and
may
place
the
1
32
defendant
on
probation
upon
conditions
as
it
may
require.
1
33
Upon
a
showing
that
the
defendant
is
not
fulfilling
the
1
34
conditions
of
probation,
the
court
may
revoke
probation
and
1
35
impose
any
sentence
authorized
by
law.
Before
taking
such
2
1
action,
the
court
shall
give
the
defendant
an
opportunity
to
2
2
be
heard
on
any
matter
relevant
to
the
proposed
action.
Upon
2
3
violation
of
the
conditions
of
probation,
the
court
may
2
4
proceed
as
provided
in
chapter
908.
Upon
fulfillment
of
the
2
5
conditions
of
probation
and
the
payment
of
fees
imposed
and
2
6
not
waived
by
the
judicial
district
department
of
correctional
2
7
services
under
section
905.14,
the
defendant
shall
be
2
8
discharged
without
entry
of
judgment.
2
9
(2)
A
person
is
not
eligible
for
a
deferred
judgment
under
2
10
section
907.3
if
the
person
has
been
convicted
of
a
violation
2
11
of
this
section
or
the
person's
driver's
license
has
been
2
12
revoked
under
this
chapter,
and
any
of
the
following
apply:
2
13
(a)
If
the
defendant's
alcohol
concentration
established
2
14
by
the
results
of
an
analysis
of
a
specimen
of
the
defendant's
2
15
blood,
breath,
or
urine
withdrawn
in
accordance
with
this
2
16
chapter
exceeds
.15,
regardless
of
whether
or
not
the
alcohol
2
17
concentration
indicated
by
the
chemical
test
minus
the
2
18
established
margin
of
error
inherent
in
the
device
or
method
2
19
used
to
conduct
the
test
equals
an
alcohol
concentration
of
2
20
.15
or
more.
2
21
(b)
If
the
defendant
has
previously
been
convicted
of
a
2
22
violation
of
subsection
1
or
a
statute
in
another
state
2
23
substantially
corresponding
to
subsection
1.
2
24
(c)
If
the
defendant
has
previously
received
a
deferred
2
25
judgment
or
sentence
for
a
violation
of
subsection
1
or
for
a
2
26
violation
of
a
statute
in
another
state
substantially
2
27
corresponding
to
subsection
1.
2
28
(d)
If
the
defendant
refused
to
consent
to
testing
2
29
requested
in
accordance
with
section
321J.6.
2
30
(e)
If
the
offense
under
this
chapter
results
in
bodily
2
31
injury
to
a
person
other
than
the
defendant.
2
32
c.
Assessment
of
a
fine
of
one
thousand
two
hundred
fifty
2
33
dollars.
However,
in
the
discretion
of
the
court,
if
no
2
34
personal
or
property
injury
has
resulted
from
the
defendant's
2
35
actions,
the
court
may
waive
up
to
six
hundred
twenty=five
3
1
dollars
of
the
fine
when
the
defendant
presents
to
the
court
3
2
at
the
end
of
the
minimum
period
of
ineligibility
a
temporary
3
3
restricted
license
issued
pursuant
to
section
321J.20.
3
4
(1)
Upon
the
entry
of
a
deferred
judgment,
a
civil
penalty
3
5
shall
be
assessed
as
provided
in
section
907.14
in
an
amount
3
6
not
less
than
the
amount
of
the
criminal
fine
authorized
3
7
pursuant
to
this
paragraph
"c".
3
8
(2)
As
an
alternative
to
a
portion
or
all
of
the
fine,
the
3
9
court
may
order
the
person
to
perform
unpaid
community
3
10
service.
However,
the
court
shall
not
order
the
person
to
3
11
perform
unpaid
community
service
in
lieu
of
a
civil
penalty
or
3
12
victim
restitution.
Surcharges
and
fees
shall
also
be
3
13
assessed
pursuant
to
chapter
911.
3
14
d.
Revocation
of
the
person's
driver's
license
for
a
3
15
minimum
period
of
one
hundred
eighty
days
up
to
a
maximum
3
16
revocation
period
of
one
year,
pursuant
to
section
321J.4,
3
17
subsection
1,
section
321J.9,
or
section
321J.12,
subsection
3
18
2.
If
a
revocation
occurs
due
to
test
refusal
under
section
3
19
321J.9,
the
defendant
shall
be
ineligible
for
a
temporary
3
20
restricted
license
for
a
period
of
ninety
days.
3
21
(1)
A
defendant
whose
alcohol
concentration
is
.08
or
more
3
22
but
not
more
than
.10
shall
not
be
eligible
for
any
temporary
3
23
restricted
license
for
at
least
thirty
days
if
a
test
was
3
24
obtained
and
an
accident
resulting
in
personal
injury
or
3
25
property
damage
occurred.
The
defendant
shall
be
ordered
to
3
26
install
an
ignition
interlock
device
of
a
type
approved
by
the
3
27
commissioner
of
public
safety
on
all
vehicles
owned
or
3
28
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
3
29
restricted
license.
There
shall
be
no
such
period
of
3
30
ineligibility
if
no
such
accident
occurred,
and
the
defendant
3
31
shall
not
be
ordered
to
install
an
ignition
interlock
device.
3
32
(2)
A
defendant
whose
alcohol
concentration
is
more
than
3
33
.10
shall
not
be
eligible
for
any
temporary
restricted
license
3
34
for
at
least
thirty
days
if
a
test
was
obtained,
and
an
3
35
accident
resulting
in
personal
injury
or
property
damage
4
1
occurred
or
the
defendant's
alcohol
concentration
exceeded
4
2
.15.
There
shall
be
no
such
period
of
ineligibility
if
no
4
3
such
accident
occurred
and
the
defendant's
alcohol
4
4
concentration
did
not
exceed
.15.
In
either
case,
where
a
4
5
defendant's
alcohol
concentration
is
more
than
.10,
the
4
6
defendant
shall
be
ordered
to
install
an
ignition
interlock
4
7
device
of
a
type
approved
by
the
commissioner
of
public
safety
4
8
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
4
9
defendant
seeks
a
temporary
restricted
license.
4
10
e.
Assignment
to
substance
abuse
evaluation
and
treatment,
4
11
a
course
for
drinking
drivers,
and,
if
available
and
4
12
appropriate,
a
reality
education
substance
abuse
prevention
4
13
program
pursuant
to
section
321J.24.
4
14
4.
A
second
offense
is
punishable
by
all
of
the
following:
4
15
a.
A
minimum
period
of
imprisonment
in
the
county
jail
or
4
16
community=based
correctional
facility
of
seven
days
but
not
to
4
17
exceed
two
years.
4
18
b.
Assessment
of
a
minimum
fine
of
one
thousand
eight
4
19
hundred
fifty
dollars
and
a
maximum
fine
of
six
thousand
two
4
20
hundred
fifty
dollars.
Surcharges
and
fees
shall
be
assessed
4
21
pursuant
to
chapter
911.
4
22
c.
Revocation
of
the
defendant's
driver's
license
for
a
4
23
period
of
one
year,
if
a
revocation
occurs
pursuant
to
section
4
24
321J.12,
subsection
1.
If
a
revocation
occurs
due
to
test
4
25
refusal
under
section
321J.9,
or
pursuant
to
section
321J.4,
4
26
subsection
2,
the
defendant's
license
shall
be
revoked
for
a
4
27
period
of
two
years.
4
28
d.
Assignment
to
substance
abuse
evaluation
and
treatment,
4
29
a
course
for
drinking
drivers,
and,
if
available
and
4
30
appropriate,
a
reality
education
substance
abuse
prevention
4
31
program
pursuant
to
section
321J.24.
4
32
5.
A
third
offense
is
punishable
by
all
of
the
following:
4
33
a.
Commitment
to
the
custody
of
the
director
of
the
4
34
department
of
corrections
for
an
indeterminate
term
not
to
4
35
exceed
five
years,
with
a
mandatory
minimum
term
of
thirty
5
1
days.
5
2
(1)
If
the
court
does
not
suspend
a
person's
sentence
of
5
3
commitment
to
the
custody
of
the
director
of
the
department
of
5
4
corrections
under
this
paragraph
"a",
the
person
shall
be
5
5
assigned
to
a
facility
pursuant
to
section
904.513.
5
6
(2)
If
the
court
suspends
a
person's
sentence
of
5
7
commitment
to
the
custody
of
the
director
of
the
department
of
5
8
corrections
under
this
paragraph
"a",
the
court
shall
order
5
9
the
person
to
serve
not
less
than
thirty
days
nor
more
than
5
10
one
year
in
the
county
jail,
and
the
person
may
be
committed
5
11
to
treatment
in
the
community
under
section
907.6.
5
12
b.
Assessment
of
a
minimum
fine
of
three
thousand
one
5
13
hundred
twenty=five
dollars
and
a
maximum
fine
of
nine
5
14
thousand
three
hundred
seventy=five
dollars.
Surcharges
and
5
15
fees
shall
be
assessed
pursuant
to
chapter
911.
5
16
c.
Revocation
of
the
person's
driver's
license
for
a
5
17
period
of
six
years
pursuant
to
section
321J.4,
subsection
4.
5
18
d.
Assignment
to
substance
abuse
evaluation
and
treatment,
5
19
a
course
for
drinking
drivers,
and,
if
available
and
5
20
appropriate,
a
reality
education
substance
abuse
program
5
21
pursuant
to
section
321J.24.
5
22
6.
To
the
extent
that
section
907.3
allows,
the
court
may
5
23
impose
additional
sentencing
terms
and
conditions.
5
24
7.
a.
All
persons
convicted
of
an
offense
under
5
25
subsection
2
shall
be
ordered,
at
the
person's
expense,
to
5
26
undergo,
prior
to
sentencing,
a
substance
abuse
evaluation.
5
27
The
court
shall
order
the
person
to
follow
the
recommendations
5
28
proposed
in
the
substance
abuse
evaluation
as
provided
in
5
29
section
321J.3.
5
30
b.
Where
the
program
is
available
and
is
appropriate
for
5
31
the
convicted
person,
a
person
convicted
of
an
offense
under
5
32
subsection
2
shall
be
ordered
to
participate
in
a
reality
5
33
education
substance
abuse
prevention
program
as
provided
in
5
34
section
321J.24.
5
35
c.
A
minimum
term
of
imprisonment
in
a
county
jail
or
6
1
community=based
correctional
facility
imposed
on
a
person
6
2
convicted
of
a
second
or
subsequent
offense
under
subsection
6
3
2,
paragraph
"b"
or
"c"
shall
be
served
on
consecutive
days.
6
4
However,
if
the
sentencing
court
finds
that
service
of
the
6
5
full
minimum
term
on
consecutive
days
would
work
an
undue
6
6
hardship
on
the
person,
or
finds
that
sufficient
jail
space
is
6
7
not
available
and
is
not
reasonably
expected
to
become
6
8
available
within
four
months
after
sentencing
to
incarcerate
6
9
the
person
serving
the
minimum
sentence
on
consecutive
days,
6
10
the
court
may
order
the
person
to
serve
the
minimum
term
in
6
11
segments
of
at
least
forty=eight
hours
and
to
perform
a
6
12
specified
number
of
hours
of
unpaid
community
service
as
6
13
deemed
appropriate
by
the
sentencing
court.
6
14
8.
In
determining
if
a
violation
charged
is
a
second
or
6
15
subsequent
offense
for
purposes
of
criminal
sentencing
or
6
16
license
revocation
under
this
chapter:
6
17
a.
Any
conviction
or
revocation
deleted
from
motor
vehicle
6
18
operating
records
pursuant
to
section
321.12
shall
not
be
6
19
considered
as
a
previous
offense.
6
20
b.
Deferred
judgments
entered
pursuant
to
section
907.3
6
21
for
violations
of
this
section
shall
be
counted
as
previous
6
22
offenses.
6
23
c.
Convictions
or
the
equivalent
of
deferred
judgments
for
6
24
violations
in
any
other
states
under
statutes
substantially
6
25
corresponding
to
this
section
shall
be
counted
as
previous
6
26
offenses.
The
courts
shall
judicially
notice
the
statutes
of
6
27
other
states
which
define
offenses
substantially
equivalent
to
6
28
the
one
defined
in
this
section
and
can
therefore
be
6
29
considered
corresponding
statutes.
Each
previous
violation
on
6
30
which
conviction
or
deferral
of
judgment
was
entered
prior
to
6
31
the
date
of
the
violation
charged
shall
be
considered
and
6
32
counted
as
a
separate
previous
offense.
6
33
9.
A
person
shall
not
be
convicted
and
sentenced
for
more
6
34
than
one
violation
of
this
section
for
actions
arising
out
of
6
35
the
same
event
or
occurrence,
even
if
the
event
or
occurrence
7
1
involves
more
than
one
of
the
conditions
specified
in
7
2
subsection
1.
7
3
10.
The
clerk
of
the
district
court
shall
immediately
7
4
certify
to
the
department
a
true
copy
of
each
order
entered
7
5
with
respect
to
deferral
of
judgment,
deferral
of
sentence,
or
7
6
pronouncement
of
judgment
and
sentence
for
a
defendant
under
7
7
this
section.
7
8
11.
a.
This
section
does
not
apply
to
a
person
operating
7
9
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
7
10
substance
was
prescribed
for
the
person
and
was
taken
under
7
11
the
prescription
and
in
accordance
with
the
directions
of
a
7
12
medical
practitioner
as
defined
in
chapter
155A
or
if
the
7
13
substance
was
dispensed
by
a
pharmacist
without
a
prescription
7
14
pursuant
to
the
rules
of
the
board
of
pharmacy,
if
there
is
no
7
15
evidence
of
the
consumption
of
alcohol
and
the
medical
7
16
practitioner
or
pharmacist
had
not
directed
the
person
to
7
17
refrain
from
operating
a
motor
vehicle.
7
18
b.
When
charged
with
a
violation
of
subsection
1,
7
19
paragraph
"c",
a
person
may
assert,
as
an
affirmative
defense,
7
20
that
the
controlled
substance
present
in
the
person's
blood
or
7
21
urine
was
prescribed
or
dispensed
for
the
person
and
was
taken
7
22
in
accordance
with
the
directions
of
a
practitioner
and
the
7
23
labeling
directions
of
the
pharmacy,
as
that
person
and
place
7
24
of
business
are
defined
in
section
155A.3.
7
25
12.
In
any
prosecution
under
this
section,
evidence
of
the
7
26
results
of
analysis
of
a
specimen
of
the
defendant's
blood,
7
27
breath,
or
urine
is
admissible
upon
proof
of
a
proper
7
28
foundation.
7
29
a.
The
alcohol
concentration
established
by
the
results
of
7
30
an
analysis
of
a
specimen
of
the
defendant's
blood,
breath,
or
7
31
urine
withdrawn
within
two
hours
after
the
defendant
was
7
32
driving
or
in
physical
control
of
a
motor
vehicle
is
presumed
7
33
to
be
the
alcohol
concentration
at
the
time
of
driving
or
7
34
being
in
physical
control
of
the
motor
vehicle.
7
35
b.
The
presence
of
a
controlled
substance
or
other
drug
8
1
established
by
the
results
of
analysis
of
a
specimen
of
the
8
2
defendant's
blood
or
urine
withdrawn
within
two
hours
after
8
3
the
defendant
was
driving
or
in
physical
control
of
a
motor
8
4
vehicle
is
presumed
to
show
the
presence
of
such
controlled
8
5
substance
or
other
drug
in
the
defendant
at
the
time
of
8
6
driving
or
being
in
physical
control
of
the
motor
vehicle.
8
7
c.
The
department
of
public
safety
shall
adopt
nationally
8
8
accepted
standards
for
determining
detectable
levels
of
8
9
controlled
substances
in
the
division
of
criminal
8
10
investigation's
initial
laboratory
screening
test
for
8
11
controlled
substances.
8
12
13.
a.
In
addition
to
any
fine
or
penalty
imposed
under
8
13
this
chapter,
the
court
shall
order
a
defendant
convicted
of
8
14
or
receiving
a
deferred
judgment
for
a
violation
of
this
8
15
section
to
make
restitution
for
damages
resulting
directly
8
16
from
the
violation,
to
the
victim,
pursuant
to
chapter
910.
8
17
An
amount
paid
pursuant
to
this
restitution
order
shall
be
8
18
credited
toward
any
adverse
judgment
in
a
subsequent
civil
8
19
proceeding
arising
from
the
same
occurrence.
However,
other
8
20
than
establishing
a
credit,
a
restitution
proceeding
pursuant
8
21
to
this
section
shall
not
be
given
evidentiary
or
preclusive
8
22
effect
in
a
subsequent
civil
proceeding
arising
from
the
same
8
23
occurrence.
8
24
b.
The
court
may
order
restitution
paid
to
any
public
8
25
agency
for
the
costs
of
the
emergency
response
resulting
from
8
26
the
actions
constituting
a
violation
of
this
section,
not
8
27
exceeding
five
hundred
dollars
per
public
agency
for
each
such
8
28
response.
For
the
purposes
of
this
paragraph,
"emergency
8
29
response"
means
any
incident
requiring
response
by
fire
8
30
fighting,
law
enforcement,
ambulance,
medical,
or
other
8
31
emergency
services.
A
public
agency
seeking
such
restitution
8
32
shall
consult
with
the
county
attorney
regarding
the
expenses
8
33
incurred
by
the
public
agency,
and
the
county
attorney
may
8
34
include
the
expenses
in
the
statement
of
pecuniary
damages
8
35
pursuant
to
section
910.3.
9
1
14.
In
any
prosecution
under
this
section,
the
results
of
9
2
a
chemical
test
shall
not
be
used
to
prove
a
violation
of
9
3
subsection
1,
paragraph
"b"
or
"c",
if
the
alcohol,
controlled
9
4
substance,
or
other
drug
concentration
indicated
by
the
9
5
chemical
test
minus
the
established
margin
of
error
inherent
9
6
in
the
device
or
method
used
to
conduct
the
chemical
test
does
9
7
not
equal
or
exceed
the
level
prohibited
by
subsection
1,
9
8
paragraph
"b"
or
"c".
9
9
Sec.
2.
Section
321J.3,
subsection
1,
paragraph
a,
Code
9
10
2009,
is
amended
to
read
as
follows:
9
11
a.
In
addition
to
orders
issued
pursuant
to
section
9
12
321J.2,
subsection
3
subsections
3,
4,
and
5
,
and
section
9
13
321J.17,
the
court
shall
order
any
defendant
convicted
under
9
14
section
321J.2
to
follow
the
recommendations
proposed
in
the
9
15
substance
abuse
evaluation
for
appropriate
substance
abuse
9
16
treatment
for
the
defendant.
Court=ordered
substance
abuse
9
17
treatment
is
subject
to
the
periodic
reporting
requirements
of
9
18
section
125.86.
9
19
Sec.
3.
Section
707.6A,
subsection
6,
Code
2009,
is
9
20
amended
to
read
as
follows:
9
21
6.
Except
for
the
purpose
of
sentencing
under
section
9
22
321J.2,
subsection
2
subsections
3,
4,
and
5
,
a
conviction
or
9
23
deferral
of
judgment
for
a
violation
of
this
section,
where
a
9
24
violation
of
section
321J.2
is
admitted
or
proved,
shall
be
9
25
treated
as
a
conviction
or
deferral
of
judgment
for
a
9
26
violation
of
section
321J.2
for
the
purposes
of
chapters
321,
9
27
321A,
and
321J,
and
section
907.3,
subsection
1.
9
28
Sec.
4.
Section
902.3,
Code
2009,
is
amended
to
read
as
9
29
follows:
9
30
902.3
INDETERMINATE
SENTENCE.
9
31
When
a
judgment
of
conviction
of
a
felony
other
than
a
9
32
class
"A"
felony
is
entered
against
a
person,
the
court,
in
9
33
imposing
a
sentence
of
confinement,
shall
commit
the
person
9
34
into
the
custody
of
the
director
of
the
Iowa
department
of
9
35
corrections
for
an
indeterminate
term,
the
maximum
length
of
10
1
which
shall
not
exceed
the
limits
as
fixed
by
section
902.9,
10
2
unless
otherwise
prescribed
by
statute,
nor
shall
the
term
be
10
3
less
than
the
minimum
term
imposed
by
law,
if
a
minimum
10
4
sentence
is
provided.
However,
if
the
court
suspends
a
10
5
person's
sentence
under
section
321J.2,
subsection
2
5
,
10
6
paragraph
"c"
"a"
,
the
court
shall
order
the
offender
to
serve
10
7
time
in
the
county
jail
as
provided
in
section
321J.2,
10
8
subsection
2
5
,
paragraph
"c"
"a"
,
notwithstanding
any
10
9
provision
to
the
contrary
in
section
903.4.
10
10
Sec.
5.
Section
907.3,
subsection
3,
paragraph
c,
Code
10
11
2009,
is
amended
to
read
as
follows:
10
12
c.
A
mandatory
minimum
sentence
of
incarceration
imposed
10
13
pursuant
to
a
violation
of
section
321J.2,
subsection
1;
10
14
furthermore,
the
court
shall
not
suspend
any
part
of
a
10
15
sentence
not
involving
incarceration
imposed
pursuant
to
10
16
section
321J.2,
subsection
2
3,
4,
or
5
,
beyond
the
mandatory
10
17
minimum
if
any
of
the
following
apply:
10
18
Sec.
6.
Section
910.1,
subsection
4,
Code
2009,
is
amended
10
19
to
read
as
follows:
10
20
4.
"Restitution"
means
payment
of
pecuniary
damages
to
a
10
21
victim
in
an
amount
and
in
the
manner
provided
by
the
10
22
offender's
plan
of
restitution.
"Restitution"
also
includes
10
23
fines,
penalties,
and
surcharges,
the
contribution
of
funds
to
10
24
a
local
anticrime
organization
which
provided
assistance
to
10
25
law
enforcement
in
an
offender's
case,
the
payment
of
crime
10
26
victim
compensation
program
reimbursements,
payment
of
10
27
restitution
to
public
agencies
pursuant
to
section
321J.2,
10
28
subsection
9
13
,
paragraph
"b",
court
costs
including
10
29
correctional
fees
approved
pursuant
to
section
356.7,
10
30
court=appointed
attorney
fees
ordered
pursuant
to
section
10
31
815.9,
including
the
expense
of
a
public
defender,
and
the
10
32
performance
of
a
public
service
by
an
offender
in
an
amount
10
33
set
by
the
court
when
the
offender
cannot
reasonably
pay
all
10
34
or
part
of
the
court
costs
including
correctional
fees
10
35
approved
pursuant
to
section
356.7,
or
court=appointed
11
1
attorney
fees
ordered
pursuant
to
section
815.9,
including
the
11
2
expense
of
a
public
defender.
11
3
Sec.
7.
Section
910.2,
unnumbered
paragraph
1,
Code
2009,
11
4
is
amended
to
read
as
follows:
11
5
In
all
criminal
cases
in
which
there
is
a
plea
of
guilty,
11
6
verdict
of
guilty,
or
special
verdict
upon
which
a
judgment
of
11
7
conviction
is
rendered,
the
sentencing
court
shall
order
that
11
8
restitution
be
made
by
each
offender
to
the
victims
of
the
11
9
offender's
criminal
activities,
to
the
clerk
of
court
for
11
10
fines,
penalties,
surcharges,
and,
to
the
extent
that
the
11
11
offender
is
reasonably
able
to
pay,
for
crime
victim
11
12
assistance
reimbursement,
restitution
to
public
agencies
11
13
pursuant
to
section
321J.2,
subsection
9
13
,
paragraph
"b",
11
14
court
costs
including
correctional
fees
approved
pursuant
to
11
15
section
356.7,
court=appointed
attorney
fees
ordered
pursuant
11
16
to
section
815.9,
including
the
expense
of
a
public
defender,
11
17
when
applicable,
or
contribution
to
a
local
anticrime
11
18
organization.
However,
victims
shall
be
paid
in
full
before
11
19
fines,
penalties,
and
surcharges,
crime
victim
compensation
11
20
program
reimbursement,
public
agencies,
court
costs
including
11
21
correctional
fees
approved
pursuant
to
section
356.7,
11
22
court=appointed
attorney
fees
ordered
pursuant
to
section
11
23
815.9,
including
the
expenses
of
a
public
defender,
or
11
24
contributions
to
a
local
anticrime
organization
are
paid.
In
11
25
structuring
a
plan
of
restitution,
the
court
shall
provide
for
11
26
payments
in
the
following
order
of
priority:
victim,
fines,
11
27
penalties,
and
surcharges,
crime
victim
compensation
program
11
28
reimbursement,
public
agencies,
court
costs
including
11
29
correctional
fees
approved
pursuant
to
section
356.7,
11
30
court=appointed
attorney
fees
ordered
pursuant
to
section
11
31
815.9,
including
the
expense
of
a
public
defender,
and
11
32
contribution
to
a
local
anticrime
organization.
11
33
Sec.
8.
Section
910.3,
Code
2009,
is
amended
to
read
as
11
34
follows:
11
35
910.3
DETERMINATION
OF
AMOUNT
OF
RESTITUTION.
12
1
The
county
attorney
shall
prepare
a
statement
of
pecuniary
12
2
damages
to
victims
of
the
defendant
and,
if
applicable,
any
12
3
award
by
the
crime
victim
compensation
program
and
expenses
12
4
incurred
by
public
agencies
pursuant
to
section
321J.2,
12
5
subsection
9
13
,
paragraph
"b",
and
shall
provide
the
12
6
statement
to
the
presentence
investigator
or
submit
the
12
7
statement
to
the
court
at
the
time
of
sentencing.
The
clerk
12
8
of
court
shall
prepare
a
statement
of
court=appointed
attorney
12
9
fees
ordered
pursuant
to
section
815.9,
including
the
expense
12
10
of
a
public
defender,
and
court
costs
including
correctional
12
11
fees
claimed
by
a
sheriff
or
municipality
pursuant
to
section
12
12
356.7,
which
shall
be
provided
to
the
presentence
investigator
12
13
or
submitted
to
the
court
at
the
time
of
sentencing.
If
these
12
14
statements
are
provided
to
the
presentence
investigator,
they
12
15
shall
become
a
part
of
the
presentence
report.
If
pecuniary
12
16
damage
amounts
are
not
available
at
the
time
of
sentencing,
12
17
the
county
attorney
shall
provide
a
statement
of
pecuniary
12
18
damages
incurred
up
to
that
time
to
the
clerk
of
court.
The
12
19
statement
shall
be
provided
no
later
than
thirty
days
after
12
20
sentencing.
If
a
defendant
believes
no
person
suffered
12
21
pecuniary
damages,
the
defendant
shall
so
state.
If
the
12
22
defendant
has
any
mental
or
physical
impairment
which
would
12
23
limit
or
prohibit
the
performance
of
a
public
service,
the
12
24
defendant
shall
so
state.
The
court
may
order
a
mental
or
12
25
physical
examination,
or
both,
of
the
defendant
to
determine
a
12
26
proper
course
of
action.
At
the
time
of
sentencing
or
at
a
12
27
later
date
to
be
determined
by
the
court,
the
court
shall
set
12
28
out
the
amount
of
restitution
including
the
amount
of
public
12
29
service
to
be
performed
as
restitution
and
the
persons
to
whom
12
30
restitution
must
be
paid.
If
the
full
amount
of
restitution
12
31
cannot
be
determined
at
the
time
of
sentencing,
the
court
12
32
shall
issue
a
temporary
order
determining
a
reasonable
amount
12
33
for
restitution
identified
up
to
that
time.
At
a
later
date
12
34
as
determined
by
the
court,
the
court
shall
issue
a
permanent,
12
35
supplemental
order,
setting
the
full
amount
of
restitution.
13
1
The
court
shall
enter
further
supplemental
orders,
if
13
2
necessary.
These
court
orders
shall
be
known
as
the
plan
of
13
3
restitution.
13
4
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
December
1,
13
5
2009.
13
6
EXPLANATION
13
7
This
bill
reorganizes
and
restructures
Code
section
321J.2
13
8
relating
to
operating=while=intoxicated
(OWI)
criminal
13
9
offenses.
13
10
The
bill
reorganizes
criminal
penalty,
sentencing,
and
13
11
related
license
revocation
provisions
currently
in
Code
13
12
section
321J.2.
The
bill
also
duplicates
certain
provisions
13
13
in
Code
sections
321J.4
(revocation
of
licenses,
ignition
13
14
interlock
devices,
and
temporary
restricted
licenses),
903.1
13
15
(maximum
term
of
imprisonment
for
first
offense
OWI
offenses),
13
16
907.3
(eligibility
provisions
for
deferred
judgments,
deferred
13
17
sentences,
and
suspended
sentences),
and
907.14
(civil
penalty
13
18
provisions
for
deferred
judgments),
and
places
such
provisions
13
19
in
Code
section
321J.2.
All
of
the
revisions
are
13
20
nonsubstantive.
13
21
The
bill
makes
conforming
changes
in
Code
section
707.6A
13
22
(homicide
or
serious
injury
by
vehicle),
Code
section
902.3
13
23
(indeterminate
sentences),
and
Code
chapter
910
(victim
13
24
restitution).
13
25
The
bill
takes
effect
December
1,
2009.
13
26
LSB
1856SV
83
13
27
rh/nh/8