H.F. 417 Section 1. Section 321J.2, subsection 2, paragraph c, Code 1 2011, is amended to read as follows: 2 c. A class “D” “C” felony for a third offense and each 3 subsequent offense. 4 Sec. 2. Section 321J.2, subsection 3, unnumbered paragraph 5 1, Code 2011, is amended to read as follows: 6 A Except as otherwise provided in section 321J.2C, a first 7 offense is punishable by all of the following: 8 Sec. 3. Section 321J.2, subsections 4, 5, and 10, Code 2011, 9 are amended to read as follows: 10 4. A Except as otherwise provided in section 321J.2C, a 11 second offense is punishable by all of the following: 12 a. A minimum period of imprisonment in the county jail or 13 community-based correctional facility of seven fourteen days 14 but not to exceed two years. 15 b. Assessment of a minimum fine of one two thousand eight 16 five hundred fifty dollars and a maximum fine of six seven 17 thousand two five hundred fifty dollars. Surcharges and fees 18 shall be assessed pursuant to chapter 911 . 19 c. Revocation of the defendant’s driver’s license for a 20 period of one year three years , if a revocation occurs pursuant 21 to section 321J.12, subsection 1 . If a revocation occurs due 22 to test refusal under section 321J.9 , or pursuant to section 23 321J.4, subsection 2 , the defendant’s license shall be revoked 24 for a period of two four years. 25 d. Assignment to substance abuse evaluation and treatment, a 26 course for drinking drivers, and, if available and appropriate, 27 a reality education substance abuse prevention program pursuant 28 to section 321J.24 . 29 5. A Except as otherwise provided in section 321J.2C, a 30 third offense is punishable by all of the following: 31 a. Commitment to the custody of the director of the 32 department of corrections for an indeterminate term not to 33 exceed five ten years, with a mandatory minimum term of thirty 34 sixty days. 35 -1- LSB 1772HH (5) 84 rh/nh 1/ 9

H.F. 417 (1) If the court does not suspend a person’s sentence of 1 commitment to the custody of the director of the department 2 of corrections under this paragraph “a” , the person shall be 3 assigned to a facility pursuant to section 904.513 . 4 (2) If the court suspends a person’s sentence of commitment 5 to the custody of the director of the department of corrections 6 under this paragraph “a” , the court shall order the person to 7 serve not less than thirty sixty days nor more than one year in 8 the county jail, and the person may be committed to treatment 9 in the community under section 907.6 . 10 b. Assessment of a minimum fine of three five thousand one 11 hundred twenty-five dollars and a maximum fine of nine ten 12 thousand three hundred seventy-five dollars. Surcharges and 13 fees shall be assessed pursuant to chapter 911 . 14 c. Revocation Permanent revocation of the person’s driver’s 15 license for a period of six years pursuant to section 321J.4, 16 subsection 4 . 17 d. Assignment to substance abuse evaluation and treatment, a 18 course for drinking drivers, and, if available and appropriate, 19 a reality education substance abuse program pursuant to section 20 321J.24 . 21 10. The clerk of the district court shall immediately 22 certify to the department a true copy of each order entered 23 with respect to deferral of judgment, deferral of sentence, or 24 pronouncement of judgment and sentence for a defendant under 25 this section or section 321J.2C . 26 Sec. 4. NEW SECTION . 321J.2C Enhanced penalties —— alcohol 27 concentration exceeding .15. 28 1. A person who violates section 321J.2, subsection 1, whose 29 alcohol concentration established by the results of an analysis 30 of a specimen of the person’s blood, breath, or urine withdrawn 31 in accordance with this chapter exceeds .15, regardless of 32 whether or not the alcohol concentration indicated by the 33 chemical test minus the established margin of error inherent in 34 the device or method used to conduct the test equals an alcohol 35 -2- LSB 1772HH (5) 84 rh/nh 2/ 9

H.F. 417 concentration of .15 or more, shall be subject to the following 1 penalties: 2 a. For a first offense: 3 (1) A minimum period of imprisonment in the county jail 4 of four days, but not to exceed one year, to be served as 5 ordered by the court, less credit for any time the person 6 was confined in a jail or detention facility following 7 arrest or for any time the person spent in a court-ordered 8 operating-while-intoxicated program that provides law 9 enforcement security. However, the court, in ordering service 10 of the sentence and in its discretion, may accommodate the 11 defendant’s work schedule. 12 (2) Assessment of a fine of at least one thousand five 13 hundred dollars and a maximum of two thousand two hundred fifty 14 dollars. Surcharges and fees shall also be assessed pursuant 15 to chapter 911. 16 (3) Revocation of the person’s driver’s license for a 17 minimum period of two hundred forty days up to a maximum 18 revocation period of one year. 19 (4) Assignment to substance abuse evaluation and treatment, 20 a course for drinking drivers, and, if available and 21 appropriate, a reality education substance abuse prevention 22 program pursuant to section 321J.24. 23 b. For a second offense, regardless of whether the person 24 received an enhanced penalty under this section for the first 25 offense: 26 (1) A minimum period of imprisonment in the county jail or 27 community-based correctional facility of thirty days but not to 28 exceed two years. 29 (2) Assessment of a minimum fine of three thousand dollars 30 and a maximum fine of eight thousand dollars. Surcharges and 31 fees shall be assessed pursuant to chapter 911. 32 (3) Revocation of the defendant’s driver’s license for a 33 period of four years. 34 (4) Seizure and forfeiture of the defendant’s motor vehicle 35 -3- LSB 1772HH (5) 84 rh/nh 3/ 9

H.F. 417 to the state pursuant to chapters 809 and 809A if the defendant 1 is the owner of the motor vehicle used in the commission of the 2 offense. 3 (5) Assignment to substance abuse evaluation and treatment, 4 a course for drinking drivers, and, if available and 5 appropriate, a reality education substance abuse prevention 6 program pursuant to section 321J.24. 7 c. For a third offense and all subsequent offenses under 8 this section, regardless of whether the person received an 9 enhanced penalty under this section for any prior offenses: 10 (1) A minimum period of imprisonment of ninety days but not 11 to exceed ten years. 12 (2) Assessment of a minimum fine of five thousand dollars 13 and a maximum fine of ten thousand dollars. Surcharges and 14 fees shall be assessed pursuant to chapter 911. 15 (3) Permanent revocation of the person’s driver’s license. 16 (4) Seizure and forfeiture of the defendant’s motor vehicle 17 to the state pursuant to chapters 809 and 809A if the defendant 18 is the owner of the motor vehicle used in the commission of the 19 offense. 20 (5) Assignment to substance abuse evaluation and 21 treatment, a course for drinking drivers, and, if available 22 and appropriate, a reality education substance abuse program 23 pursuant to section 321J.24. 24 2. The provisions of this chapter that do not conflict with 25 the provisions of this section shall continue to apply to a 26 violation of this chapter. 27 Sec. 5. Section 321J.4, subsection 2, Code 2011, is amended 28 to read as follows: 29 2. If a defendant is convicted of a violation of section 30 321J.2 , and the defendant’s driver’s license or nonresident 31 operating privilege has not already been revoked under section 32 321J.9 or 321J.12 for the occurrence from which the arrest 33 arose, the department shall revoke the defendant’s driver’s 34 license or nonresident operating privilege for one year three 35 -4- LSB 1772HH (5) 84 rh/nh 4/ 9

H.F. 417 years if the defendant submitted to chemical testing and has 1 had a previous conviction or revocation under this chapter and 2 shall revoke the defendant’s driver’s license or nonresident 3 operating privilege for two four years if the defendant refused 4 to submit to chemical testing and has had a previous revocation 5 under this chapter . The defendant shall not be eligible for 6 any temporary restricted license for forty-five days after the 7 effective date of revocation if the defendant submitted to 8 chemical testing and shall not be eligible for any temporary 9 restricted license for ninety days after the effective date 10 of revocation if the defendant refused chemical testing. The 11 temporary restricted license shall be issued in accordance with 12 section 321J.20, subsection 2 . The department shall require 13 the defendant to install an ignition interlock device of a type 14 approved by the commissioner of public safety on all vehicles 15 owned or operated by the defendant if the defendant seeks a 16 temporary restricted license at the end of the minimum period 17 of ineligibility. A temporary restricted license shall not 18 be granted by the department until the defendant installs the 19 ignition interlock device. 20 Sec. 6. Section 321J.4B, subsection 6, Code 2011, is amended 21 to read as follows: 22 6. Upon conviction of the defendant for a second 23 or subsequent violation of subsection 2 , paragraph “a” , 24 subparagraph (2), the court shall order, if the convicted 25 person is the owner of the motor vehicle used in the commission 26 of the offense, that that motor vehicle be seized and forfeited 27 to the state pursuant to chapters 809 and 809A . 28 Sec. 7. Section 321J.9, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. If a person refuses to submit to the chemical testing, a 31 test shall not be given, but the department, upon the receipt 32 of the peace officer’s certification, subject to penalty for 33 perjury, that the officer had reasonable grounds to believe the 34 person to have been operating a motor vehicle in violation of 35 -5- LSB 1772HH (5) 84 rh/nh 5/ 9

H.F. 417 section 321J.2 or 321J.2A , that specified conditions existed 1 for chemical testing pursuant to section 321J.6 , and that the 2 person refused to submit to the chemical testing, shall revoke 3 the person’s driver’s license and any nonresident operating 4 privilege for the following periods of time: 5 a. One year if the person has no previous revocation under 6 this chapter ; and . 7 b. Two Four years if the person has had a one previous 8 revocation under this chapter . 9 Sec. 8. Section 321J.9, subsection 1, Code 2011, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . c. Revocation shall be permanent if the 12 person has had more than one previous revocation under this 13 chapter. 14 Sec. 9. Section 321J.12, subsection 1, paragraph b, Code 15 2011, is amended to read as follows: 16 b. One year Three years if the person has had a one previous 17 revocation under this chapter . 18 Sec. 10. Section 321J.12, subsection 1, Code 2011, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . c. Revocation shall be permanent if the 21 person has had more than one previous revocation under this 22 chapter. 23 Sec. 11. Section 321J.12, subsection 2, paragraph d, Code 24 2011, is amended to read as follows: 25 d. A person whose license or privileges have been revoked 26 under subsection 1 , paragraph “b” , for one year three years 27 shall not be eligible for any temporary restricted license for 28 forty-five days after the effective date of the revocation, and 29 the department shall require the person to install an ignition 30 interlock device of a type approved by the commissioner 31 of public safety on all vehicles owned or operated by the 32 defendant if the defendant seeks a temporary restricted license 33 at the end of the minimum period of ineligibility. The 34 temporary restricted license shall be issued in accordance with 35 -6- LSB 1772HH (5) 84 rh/nh 6/ 9

H.F. 417 section 321J.20, subsection 2 . A temporary restricted license 1 shall not be granted by the department until the defendant 2 installs the ignition interlock device. 3 Sec. 12. Section 321J.20, subsection 1, paragraph b, Code 4 2011, is amended to read as follows: 5 b. A temporary restricted license may be issued under this 6 subsection if the person’s noncommercial driver’s license is 7 revoked for two three years under section 321J.4, subsection 2 , 8 or section 321J.9, subsection 1 , paragraph “b” , and the first 9 three hundred sixty-five days of the revocation have expired. 10 EXPLANATION 11 This bill increases certain criminal and administrative 12 penalties for operating-while-intoxicated (OWI) offenses under 13 Code chapter 321J. 14 Under current law, a person commits the offense of operating 15 while intoxicated if the person operates a motor vehicle in 16 this state while under the influence of an alcoholic beverage 17 or other drug or a combination of such substances, while having 18 an alcohol concentration of .08 or more, or while any amount of 19 a controlled substance is present in the person, as measured 20 in the person’s blood or urine. Current law provides both 21 administrative and criminal penalties for persons found to 22 be in violation of Code chapter 321J based upon whether the 23 offense is a first, second, or third violation of the law. 24 The bill increases certain criminal and administrative 25 penalties for persons convicted of OWI offenses for second and 26 subsequent offenses but distinguishes OWI offenses involving 27 a person with a blood alcohol concentration between .08 and 28 .15 and OWI offenses involving a person with a blood alcohol 29 concentration in excess of .15 and provides enhanced penalties 30 for the latter. 31 The bill maintains current law that provides a person 32 convicted of a second offense OWI is guilty of an aggravated 33 misdemeanor, but increases the mandatory minimum jail time from 34 seven days to 14 days, increases the range of the fine that 35 -7- LSB 1772HH (5) 84 rh/nh 7/ 9

H.F. 417 may be imposed from $1,850 to $6,250 to $2,500 to $7,500, and 1 increases the period of license revocation from one to three 2 years if the person submitted to a chemical test and failed 3 that test and from two years to four years if a revocation 4 occurs due to test refusal under Code section 321J.9. 5 The bill increases the criminal penalty for a person 6 convicted of a third offense OWI from a class “D” felony to 7 a class “C” felony and provides that the mandatory term of 8 imprisonment shall be at least 60 days but shall not exceed 9 10 years. The fine imposed shall be from $5,000 to $10,000 10 and a person convicted of a third offense OWI is subject to a 11 permanent license revocation and mandatory vehicle seizure and 12 forfeiture pursuant to Code chapters 809 and 809A. 13 The bill provides for an enhanced penalty structure for 14 a person convicted of an OWI offense with a blood alcohol 15 concentration between .08 and .15. For a first offense, the 16 person is subject to a minimum period of imprisonment in the 17 county jail of four days, but not to exceed one year, a fine 18 of between $1,500 and $2,250, and revocation of the person’s 19 driver’s license for a minimum period of 240 days up to a 20 maximum revocation period of one year; for a second offense, a 21 person is subject to a minimum period of imprisonment in the 22 county jail or community-based correctional facility of from 23 30 days up to two years, a fine of between $3,000 and $8,000, 24 revocation of the defendant’s driver’s license for four years, 25 and seizure and forfeiture of the person’s motor vehicle to the 26 state pursuant to Code chapters 809 and 809A if the person is 27 the owner of the motor vehicle used in the commission of the 28 offense; and for a third offense and all subsequent offenses, a 29 person is subject to minimum period of imprisonment of 90 days 30 not to exceed 10 years, a fine of between $5,000 and $10,000, 31 permanent revocation of the person’s driver’s license, and 32 seizure and forfeiture of the person’s motor vehicle to the 33 state pursuant to Code chapters 809 and 809A if the person 34 is the owner of the motor vehicle used in the commission of 35 -8- LSB 1772HH (5) 84 rh/nh 8/ 9