Senate Study Bill 1275
SENATE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON KREIMAN)
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 1856SC 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. (1) At the time of or after pronouncing judgment and
2 33 with the consent of the defendant, the court may defer the
2 34 sentence pursuant to section 907.3 and assign the defendant to
2 35 the judicial district department of correctional services.
3 1 The court may assign the defendant to supervision or services
3 2 under section 901B.1 at the level of sanctions which the
3 3 district department determines to be appropriate.
3 4 (2) A person is not eligible for a deferred sentence under
3 5 section 907.3 if any of the following apply:
3 6 (a) If the defendant's alcohol concentration established
3 7 by the results of an analysis of a specimen of the defendant's
3 8 blood, breath, or urine withdrawn in accordance with this
3 9 chapter exceeds .15, regardless of whether or not the alcohol
3 10 concentration indicated by the chemical test minus the
3 11 established margin of error inherent in the device or method
3 12 used to conduct the test equals an alcohol concentration of
3 13 .15 or more.
3 14 (b) If the defendant has previously been convicted of a
3 15 violation of subsection 1, or a violation of a statute in
3 16 another state substantially corresponding to subsection 1.
3 17 (c) If the defendant has previously received a deferred
3 18 judgment or sentence for a violation of subsection 1, or for a
3 19 violation of a statute in another state substantially
3 20 corresponding to subsection 1.
3 21 (d) If the defendant refused to consent to testing
3 22 requested in accordance with section 321J.6.
3 23 (e) If the offense under this chapter results in bodily
3 24 injury to a person other than the defendant.
3 25 d. (1) By record entry at the time of or after
3 26 sentencing, the court may suspend the sentence and place the
3 27 defendant on probation upon such terms and conditions as it
3 28 may require including commitment to an alternate jail facility
3 29 or a community correctional residential treatment facility to
3 30 be followed by a term of probation as specified in section
3 31 907.7, or commitment of the defendant to the judicial district
3 32 department of correctional services for supervision or
3 33 services under section 901B.1 at the level of sanctions which
3 34 the district department determines to be appropriate and the
3 35 payment of fees imposed under section 905.14. A person so
4 1 committed who has probation revoked shall be given credit for
4 2 such time served.
4 3 (2) However, the court shall not suspend the mandatory
4 4 minimum sentence of incarceration imposed pursuant to
4 5 paragraph "a". Furthermore, the court shall not suspend any
4 6 part of a sentence not involving incarceration imposed
4 7 pursuant to this subsection beyond the mandatory minimum if
4 8 any of the following apply:
4 9 (a) If the defendant's alcohol concentration established
4 10 by the results of an analysis of a specimen of the defendant's
4 11 blood, breath, or urine withdrawn in accordance with this
4 12 chapter exceeds .15, regardless of whether or not the alcohol
4 13 concentration indicated by the chemical test minus the
4 14 established margin of error inherent in the device or method
4 15 used to conduct the test equals an alcohol concentration of
4 16 .15 or more.
4 17 (b) If the defendant has previously been convicted of a
4 18 violation of subsection 1, or a violation of a statute in
4 19 another state substantially corresponding to subsection 1.
4 20 (c) If the defendant has previously received a deferred
4 21 judgment or sentence for a violation of subsection 1, or for a
4 22 violation of a statute in another state substantially
4 23 corresponding to subsection 1.
4 24 (d) If the defendant refused to consent to testing
4 25 requested in accordance with section 321J.6.
4 26 (e) If the offense under this chapter results in bodily
4 27 injury to a person other than the defendant.
4 28 e. Assessment of a fine of one thousand two hundred fifty
4 29 dollars. However, in the discretion of the court, if no
4 30 personal or property injury has resulted from the defendant's
4 31 actions, the court may waive up to six hundred twenty=five
4 32 dollars of the fine when the defendant presents to the court
4 33 at the end of the minimum period of ineligibility a temporary
4 34 restricted license issued pursuant to section 321J.20.
4 35 (1) Upon the entry of a deferred judgment, a civil penalty
5 1 shall be assessed as provided in section 907.14 in an amount
5 2 not less than the amount of the criminal fine authorized
5 3 pursuant to this paragraph "e".
5 4 (2) As an alternative to a portion or all of the fine, the
5 5 court may order the person to perform unpaid community
5 6 service. However, the court shall not order the person to
5 7 perform unpaid community service in lieu of a civil penalty or
5 8 victim restitution. Surcharges and fees shall also be
5 9 assessed pursuant to chapter 911.
5 10 f. Revocation of the person's driver's license for a
5 11 minimum period of one hundred eighty days up to a maximum
5 12 revocation period of one year, pursuant to section 321J.4,
5 13 subsection 1, section 321J.9, or section 321J.12, subsection
5 14 2. If a revocation occurs due to test refusal under section
5 15 321J.9, the defendant shall be ineligible for a temporary
5 16 restricted license for a period of ninety days.
5 17 (1) A defendant whose alcohol concentration is .08 or more
5 18 but not more than .10 shall not be eligible for any temporary
5 19 restricted license for at least thirty days if a test was
5 20 obtained and an accident resulting in personal injury or
5 21 property damage occurred. The defendant shall be ordered to
5 22 install an ignition interlock device of a type approved by the
5 23 commissioner of public safety on all vehicles owned or
5 24 operated by the defendant if the defendant seeks a temporary
5 25 restricted license. There shall be no such period of
5 26 ineligibility if no such accident occurred, and the defendant
5 27 shall not be ordered to install an ignition interlock device.
5 28 (2) A defendant whose alcohol concentration is more than
5 29 .10 shall not be eligible for any temporary restricted license
5 30 for at least thirty days if a test was obtained, and an
5 31 accident resulting in personal injury or property damage
5 32 occurred or the defendant's alcohol concentration exceeded
5 33 .15. There shall be no such period of ineligibility if no
5 34 such accident occurred and the defendant's alcohol
5 35 concentration did not exceed .15. In either case, where a
6 1 defendant's alcohol concentration is more than .10, the
6 2 defendant shall be ordered to install an ignition interlock
6 3 device of a type approved by the commissioner of public safety
6 4 on all vehicles owned or operated by the defendant if the
6 5 defendant seeks a temporary restricted license.
6 6 g. Assignment to substance abuse evaluation and treatment,
6 7 a course for drinking drivers, and, if available and
6 8 appropriate, a reality education substance abuse prevention
6 9 program pursuant to section 321J.24.
6 10 4. A second offense is punishable by all of the following:
6 11 a. A minimum period of imprisonment in the county jail or
6 12 community=based correctional facility of seven days but not to
6 13 exceed two years.
6 14 b. Assessment of a minimum fine of one thousand eight
6 15 hundred fifty dollars and a maximum fine of six thousand two
6 16 hundred fifty dollars. Surcharges and fees shall be assessed
6 17 pursuant to chapter 911.
6 18 c. Revocation of the defendant's driver's license for a
6 19 period of one year, if a revocation occurs pursuant to section
6 20 321J.12, subsection 1. If a revocation occurs due to test
6 21 refusal under section 321J.9, or pursuant to section 321J.4,
6 22 subsection 2, the defendant's license shall be revoked for a
6 23 period of two years.
6 24 d. Assignment to substance abuse evaluation and treatment,
6 25 a course for drinking drivers, and, if available and
6 26 appropriate, a reality education substance abuse prevention
6 27 program pursuant to section 321J.24.
6 28 5. A third offense is punishable by all of the following:
6 29 a. Commitment to the custody of the director of the
6 30 department of corrections for an indeterminate term not to
6 31 exceed five years, with a mandatory minimum term of thirty
6 32 days.
6 33 (1) If the court does not suspend a person's sentence of
6 34 commitment to the custody of the director of the department of
6 35 corrections under this paragraph "a", the person shall be
7 1 assigned to a facility pursuant to section 904.513.
7 2 (2) If the court suspends a person's sentence of
7 3 commitment to the custody of the director of the department of
7 4 corrections under this paragraph "a", the court shall order
7 5 the person to serve not less than thirty days nor more than
7 6 one year in the county jail, and the person may be committed
7 7 to treatment in the community under section 907.6.
7 8 b. Assessment of a minimum fine of three thousand one
7 9 hundred twenty=five dollars and a maximum fine of nine
7 10 thousand three hundred seventy=five dollars. Surcharges and
7 11 fees shall be assessed pursuant to chapter 911.
7 12 c. Revocation of the person's driver's license for a
7 13 period of six years pursuant to section 321J.4, subsection 4.
7 14 d. Assignment to substance abuse evaluation and treatment,
7 15 a course for drinking drivers, and, if available and
7 16 appropriate, a reality education substance abuse program
7 17 pursuant to section 321J.24.
7 18 6. a. All persons convicted of an offense under
7 19 subsection 2 shall be ordered, at the person's expense, to
7 20 undergo, prior to sentencing, a substance abuse evaluation.
7 21 The court shall order the person to follow the recommendations
7 22 proposed in the substance abuse evaluation as provided in
7 23 section 321J.3.
7 24 b. Where the program is available and is appropriate for
7 25 the convicted person, a person convicted of an offense under
7 26 subsection 2 shall be ordered to participate in a reality
7 27 education substance abuse prevention program as provided in
7 28 section 321J.24.
7 29 c. A minimum term of imprisonment in a county jail or
7 30 community=based correctional facility imposed on a person
7 31 convicted of a second or subsequent offense under subsection
7 32 2, paragraph "b" or "c" shall be served on consecutive days.
7 33 However, if the sentencing court finds that service of the
7 34 full minimum term on consecutive days would work an undue
7 35 hardship on the person, or finds that sufficient jail space is
8 1 not available and is not reasonably expected to become
8 2 available within four months after sentencing to incarcerate
8 3 the person serving the minimum sentence on consecutive days,
8 4 the court may order the person to serve the minimum term in
8 5 segments of at least forty=eight hours and to perform a
8 6 specified number of hours of unpaid community service as
8 7 deemed appropriate by the sentencing court.
8 8 7. In determining if a violation charged is a second or
8 9 subsequent offense for purposes of criminal sentencing or
8 10 license revocation under this chapter:
8 11 a. Any conviction or revocation deleted from motor vehicle
8 12 operating records pursuant to section 321.12 shall not be
8 13 considered as a previous offense.
8 14 b. Deferred judgments entered pursuant to section 907.3
8 15 for violations of this section shall be counted as previous
8 16 offenses.
8 17 c. Convictions or the equivalent of deferred judgments for
8 18 violations in any other states under statutes substantially
8 19 corresponding to this section shall be counted as previous
8 20 offenses. The courts shall judicially notice the statutes of
8 21 other states which define offenses substantially equivalent to
8 22 the one defined in this section and can therefore be
8 23 considered corresponding statutes. Each previous violation on
8 24 which conviction or deferral of judgment was entered prior to
8 25 the date of the violation charged shall be considered and
8 26 counted as a separate previous offense.
8 27 8. A person shall not be convicted and sentenced for more
8 28 than one violation of this section for actions arising out of
8 29 the same event or occurrence, even if the event or occurrence
8 30 involves more than one of the conditions specified in
8 31 subsection 1.
8 32 9. The clerk of the district court shall immediately
8 33 certify to the department a true copy of each order entered
8 34 with respect to deferral of judgment, deferral of sentence, or
8 35 pronouncement of judgment and sentence for a defendant under
9 1 this section.
9 2 10. a. This section does not apply to a person operating
9 3 a motor vehicle while under the influence of a drug if the
9 4 substance was prescribed for the person and was taken under
9 5 the prescription and in accordance with the directions of a
9 6 medical practitioner as defined in chapter 155A or if the
9 7 substance was dispensed by a pharmacist without a prescription
9 8 pursuant to the rules of the board of pharmacy, if there is no
9 9 evidence of the consumption of alcohol and the medical
9 10 practitioner or pharmacist had not directed the person to
9 11 refrain from operating a motor vehicle.
9 12 b. When charged with a violation of subsection 1,
9 13 paragraph "c", a person may assert, as an affirmative defense,
9 14 that the controlled substance present in the person's blood or
9 15 urine was prescribed or dispensed for the person and was taken
9 16 in accordance with the directions of a practitioner and the
9 17 labeling directions of the pharmacy, as that person and place
9 18 of business are defined in section 155A.3.
9 19 11. In any prosecution under this section, evidence of the
9 20 results of analysis of a specimen of the defendant's blood,
9 21 breath, or urine is admissible upon proof of a proper
9 22 foundation.
9 23 a. The alcohol concentration established by the results of
9 24 an analysis of a specimen of the defendant's blood, breath, or
9 25 urine withdrawn within two hours after the defendant was
9 26 driving or in physical control of a motor vehicle is presumed
9 27 to be the alcohol concentration at the time of driving or
9 28 being in physical control of the motor vehicle.
9 29 b. The presence of a controlled substance or other drug
9 30 established by the results of analysis of a specimen of the
9 31 defendant's blood or urine withdrawn within two hours after
9 32 the defendant was driving or in physical control of a motor
9 33 vehicle is presumed to show the presence of such controlled
9 34 substance or other drug in the defendant at the time of
9 35 driving or being in physical control of the motor vehicle.
10 1 c. The department of public safety shall adopt nationally
10 2 accepted standards for determining detectable levels of
10 3 controlled substances in the division of criminal
10 4 investigation's initial laboratory screening test for
10 5 controlled substances.
10 6 12. a. In addition to any fine or penalty imposed under
10 7 this chapter, the court shall order a defendant convicted of
10 8 or receiving a deferred judgment for a violation of this
10 9 section to make restitution for damages resulting directly
10 10 from the violation, to the victim, pursuant to chapter 910.
10 11 An amount paid pursuant to this restitution order shall be
10 12 credited toward any adverse judgment in a subsequent civil
10 13 proceeding arising from the same occurrence. However, other
10 14 than establishing a credit, a restitution proceeding pursuant
10 15 to this section shall not be given evidentiary or preclusive
10 16 effect in a subsequent civil proceeding arising from the same
10 17 occurrence.
10 18 b. The court may order restitution paid to any public
10 19 agency for the costs of the emergency response resulting from
10 20 the actions constituting a violation of this section, not
10 21 exceeding five hundred dollars per public agency for each such
10 22 response. For the purposes of this paragraph, "emergency
10 23 response" means any incident requiring response by fire
10 24 fighting, law enforcement, ambulance, medical, or other
10 25 emergency services. A public agency seeking such restitution
10 26 shall consult with the county attorney regarding the expenses
10 27 incurred by the public agency, and the county attorney may
10 28 include the expenses in the statement of pecuniary damages
10 29 pursuant to section 910.3.
10 30 13. In any prosecution under this section, the results of
10 31 a chemical test shall not be used to prove a violation of
10 32 subsection 1, paragraph "b" or "c", if the alcohol, controlled
10 33 substance, or other drug concentration indicated by the
10 34 chemical test minus the established margin of error inherent
10 35 in the device or method used to conduct the chemical test does
11 1 not equal or exceed the level prohibited by subsection 1,
11 2 paragraph "b" or "c".
11 3 Sec. 2. Section 321J.3, subsection 1, paragraph a, Code
11 4 2009, is amended to read as follows:
11 5 a. In addition to orders issued pursuant to section
11 6 321J.2, subsection 3 subsections 3, 4, and 5, and section
11 7 321J.17, the court shall order any defendant convicted under
11 8 section 321J.2 to follow the recommendations proposed in the
11 9 substance abuse evaluation for appropriate substance abuse
11 10 treatment for the defendant. Court=ordered substance abuse
11 11 treatment is subject to the periodic reporting requirements of
11 12 section 125.86.
11 13 Sec. 3. Section 707.6A, subsection 6, Code 2009, is
11 14 amended to read as follows:
11 15 6. Except for the purpose of sentencing under section
11 16 321J.2, subsection 2 subsections 3, 4, and 5, a conviction or
11 17 deferral of judgment for a violation of this section, where a
11 18 violation of section 321J.2 is admitted or proved, shall be
11 19 treated as a conviction or deferral of judgment for a
11 20 violation of section 321J.2 for the purposes of chapters 321,
11 21 321A, and 321J, and section 907.3, subsection 1.
11 22 Sec. 4. Section 902.3, Code 2009, is amended to read as
11 23 follows:
11 24 902.3 INDETERMINATE SENTENCE.
11 25 When a judgment of conviction of a felony other than a
11 26 class "A" felony is entered against a person, the court, in
11 27 imposing a sentence of confinement, shall commit the person
11 28 into the custody of the director of the Iowa department of
11 29 corrections for an indeterminate term, the maximum length of
11 30 which shall not exceed the limits as fixed by section 902.9,
11 31 unless otherwise prescribed by statute, nor shall the term be
11 32 less than the minimum term imposed by law, if a minimum
11 33 sentence is provided. However, if the court suspends a
11 34 person's sentence under section 321J.2, subsection 2 5,
11 35 paragraph "c" "a", the court shall order the offender to serve
12 1 time in the county jail as provided in section 321J.2,
12 2 subsection 2 5, paragraph "c" "a", notwithstanding any
12 3 provision to the contrary in section 903.4.
12 4 Sec. 5. Section 907.3, subsection 3, paragraph c, Code
12 5 2009, is amended to read as follows:
12 6 c. A mandatory minimum sentence of incarceration imposed
12 7 pursuant to a violation of section 321J.2, subsection 1;
12 8 furthermore, the court shall not suspend any part of a
12 9 sentence not involving incarceration imposed pursuant to
12 10 section 321J.2, subsection 2 3, beyond the mandatory minimum
12 11 if any of the following apply:
12 12 Sec. 6. Section 910.1, subsection 4, Code 2009, is amended
12 13 to read as follows:
12 14 4. "Restitution" means payment of pecuniary damages to a
12 15 victim in an amount and in the manner provided by the
12 16 offender's plan of restitution. "Restitution" also includes
12 17 fines, penalties, and surcharges, the contribution of funds to
12 18 a local anticrime organization which provided assistance to
12 19 law enforcement in an offender's case, the payment of crime
12 20 victim compensation program reimbursements, payment of
12 21 restitution to public agencies pursuant to section 321J.2,
12 22 subsection 9 12, paragraph "b", court costs including
12 23 correctional fees approved pursuant to section 356.7,
12 24 court=appointed attorney fees ordered pursuant to section
12 25 815.9, including the expense of a public defender, and the
12 26 performance of a public service by an offender in an amount
12 27 set by the court when the offender cannot reasonably pay all
12 28 or part of the court costs including correctional fees
12 29 approved pursuant to section 356.7, or court=appointed
12 30 attorney fees ordered pursuant to section 815.9, including the
12 31 expense of a public defender.
12 32 Sec. 7. Section 910.2, unnumbered paragraph 1, Code 2009,
12 33 is amended to read as follows:
12 34 In all criminal cases in which there is a plea of guilty,
12 35 verdict of guilty, or special verdict upon which a judgment of
13 1 conviction is rendered, the sentencing court shall order that
13 2 restitution be made by each offender to the victims of the
13 3 offender's criminal activities, to the clerk of court for
13 4 fines, penalties, surcharges, and, to the extent that the
13 5 offender is reasonably able to pay, for crime victim
13 6 assistance reimbursement, restitution to public agencies
13 7 pursuant to section 321J.2, subsection 9 12, paragraph "b",
13 8 court costs including correctional fees approved pursuant to
13 9 section 356.7, court=appointed attorney fees ordered pursuant
13 10 to section 815.9, including the expense of a public defender,
13 11 when applicable, or contribution to a local anticrime
13 12 organization. However, victims shall be paid in full before
13 13 fines, penalties, and surcharges, crime victim compensation
13 14 program reimbursement, public agencies, court costs including
13 15 correctional fees approved pursuant to section 356.7,
13 16 court=appointed attorney fees ordered pursuant to section
13 17 815.9, including the expenses of a public defender, or
13 18 contributions to a local anticrime organization are paid. In
13 19 structuring a plan of restitution, the court shall provide for
13 20 payments in the following order of priority: victim, fines,
13 21 penalties, and surcharges, crime victim compensation program
13 22 reimbursement, public agencies, court costs including
13 23 correctional fees approved pursuant to section 356.7,
13 24 court=appointed attorney fees ordered pursuant to section
13 25 815.9, including the expense of a public defender, and
13 26 contribution to a local anticrime organization.
13 27 Sec. 8. Section 910.3, Code 2009, is amended to read as
13 28 follows:
13 29 910.3 DETERMINATION OF AMOUNT OF RESTITUTION.
13 30 The county attorney shall prepare a statement of pecuniary
13 31 damages to victims of the defendant and, if applicable, any
13 32 award by the crime victim compensation program and expenses
13 33 incurred by public agencies pursuant to section 321J.2,
13 34 subsection 9 12, paragraph "b", and shall provide the
13 35 statement to the presentence investigator or submit the
14 1 statement to the court at the time of sentencing. The clerk
14 2 of court shall prepare a statement of court=appointed attorney
14 3 fees ordered pursuant to section 815.9, including the expense
14 4 of a public defender, and court costs including correctional
14 5 fees claimed by a sheriff or municipality pursuant to section
14 6 356.7, which shall be provided to the presentence investigator
14 7 or submitted to the court at the time of sentencing. If these
14 8 statements are provided to the presentence investigator, they
14 9 shall become a part of the presentence report. If pecuniary
14 10 damage amounts are not available at the time of sentencing,
14 11 the county attorney shall provide a statement of pecuniary
14 12 damages incurred up to that time to the clerk of court. The
14 13 statement shall be provided no later than thirty days after
14 14 sentencing. If a defendant believes no person suffered
14 15 pecuniary damages, the defendant shall so state. If the
14 16 defendant has any mental or physical impairment which would
14 17 limit or prohibit the performance of a public service, the
14 18 defendant shall so state. The court may order a mental or
14 19 physical examination, or both, of the defendant to determine a
14 20 proper course of action. At the time of sentencing or at a
14 21 later date to be determined by the court, the court shall set
14 22 out the amount of restitution including the amount of public
14 23 service to be performed as restitution and the persons to whom
14 24 restitution must be paid. If the full amount of restitution
14 25 cannot be determined at the time of sentencing, the court
14 26 shall issue a temporary order determining a reasonable amount
14 27 for restitution identified up to that time. At a later date
14 28 as determined by the court, the court shall issue a permanent,
14 29 supplemental order, setting the full amount of restitution.
14 30 The court shall enter further supplemental orders, if
14 31 necessary. These court orders shall be known as the plan of
14 32 restitution.
14 33 Sec. 9. EFFECTIVE DATE. This Act takes effect December 1,
14 34 2009.
14 35 EXPLANATION
15 1 This bill reorganizes and restructures Code section 321J.2
15 2 relating to operating=while=intoxicated (OWI) criminal
15 3 offenses.
15 4 The bill reorganizes criminal penalty, sentencing, and
15 5 related license revocation provisions currently in Code
15 6 section 321J.2. The bill also duplicates certain provisions
15 7 in Code sections 321J.4 (revocation of licenses, ignition
15 8 interlock devices, and temporary restricted licenses), 903.1
15 9 (maximum term of imprisonment for first offense OWI offenses),
15 10 907.3 (eligibility provisions for deferred judgments, deferred
15 11 sentences, and suspended sentences), and 907.14 (civil penalty
15 12 provisions for deferred judgments), and places such provisions
15 13 in Code section 321J.2. All of the revisions are
15 14 nonsubstantive.
15 15 The bill makes conforming changes in Code section 707.6A
15 16 (homicide or serious injury by vehicle), Code section 902.3
15 17 (indeterminate sentences), and Code chapter 910 (victim
15 18 restitution).
15 19 The bill takes effect December 1, 2009.
15 20 LSB 1856SC 83
15 21 rh/nh/8