House
File
154
-
Introduced
HOUSE
FILE
154
BY
HAGENOW
A
BILL
FOR
An
Act
relating
to
increasing
certain
criminal
and
1
administrative
penalties
for
operating-while-intoxicated
2
offenses.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2086YH
(2)
85
rh/nh
H.F.
154
Section
1.
Section
321J.2,
subsection
2,
paragraph
c,
Code
1
2013,
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
2013,
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
2013,
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
seventy-five
dollars
and
a
maximum
fine
of
six
17
seven
thousand
two
five
hundred
fifty
dollars.
Surcharges
and
18
fees
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
2086YH
(2)
85
rh/nh
1/
9
H.F.
154
(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
prevention
program
pursuant
20
to
section
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
2086YH
(2)
85
rh/nh
2/
9
H.F.
154
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
2086YH
(2)
85
rh/nh
3/
9
H.F.
154
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
2013,
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
2086YH
(2)
85
rh/nh
4/
9
H.F.
154
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
2013,
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
2013,
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
2086YH
(2)
85
rh/nh
5/
9
H.F.
154
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
2013,
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
2013,
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
2013,
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
2013,
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
33
license
at
the
end
of
the
minimum
period
of
ineligibility.
The
34
temporary
restricted
license
shall
be
issued
in
accordance
with
35
-6-
LSB
2086YH
(2)
85
rh/nh
6/
9
H.F.
154
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
2013,
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
2086YH
(2)
85
rh/nh
7/
9
H.F.
154
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
2086YH
(2)
85
rh/nh
8/
9
H.F.
154
the
offense.
In
addition,
consistent
with
current
law,
all
1
offenders
under
this
enhanced
penalty
structure
shall
be
2
assigned
to
substance
abuse
evaluation
and
treatment,
a
course
3
for
drinking
drivers,
and,
if
available
and
appropriate,
a
4
reality
education
substance
abuse
program
pursuant
to
Code
5
section
321J.24.
6
-9-
LSB
2086YH
(2)
85
rh/nh
9/
9