House
File
2085
-
Introduced
HOUSE
FILE
2085
BY
OLSON
A
BILL
FOR
An
Act
relating
to
eligibility
for
a
deferred
judgment,
1
deferred
sentence,
suspended
sentence,
or
reduced
fine
for
2
a
first
offense
of
operating
while
intoxicated
involving
3
bodily
injury
or
property
damage.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2085
Section
1.
Section
321J.2,
subsection
3,
paragraph
b,
1
subparagraph
(2),
subparagraph
division
(e),
Code
2016,
is
2
amended
by
striking
the
subparagraph
division.
3
Sec.
2.
Section
321J.2,
subsection
3,
paragraph
c,
4
unnumbered
paragraph
1,
Code
2016,
is
amended
to
read
as
5
follows:
6
Assessment
of
a
fine
of
one
thousand
two
hundred
fifty
7
dollars.
However,
in
the
discretion
of
the
court,
if
no
8
personal
or
property
injury
has
resulted
from
the
defendant’s
9
actions,
the
court
may
waive
up
to
six
hundred
twenty-five
10
dollars
of
the
fine
when
the
defendant
presents
to
the
court
11
at
the
end
of
the
minimum
period
of
ineligibility
a
temporary
12
restricted
license
issued
pursuant
to
section
321J.20
.
13
Sec.
3.
Section
907.3,
subsection
1,
paragraph
a,
14
subparagraph
(6),
subparagraph
division
(e),
Code
2016,
is
15
amended
by
striking
the
subparagraph
division.
16
Sec.
4.
Section
907.3,
subsection
2,
paragraph
a,
17
subparagraph
(2),
subparagraph
division
(e),
Code
2016,
is
18
amended
by
striking
the
subparagraph
division.
19
Sec.
5.
Section
907.3,
subsection
3,
paragraph
c,
20
subparagraph
(5),
Code
2016,
is
amended
by
striking
the
21
subparagraph.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
Code
sections
321J.2
and
907.3
prohibit
a
court
from
26
deferring
judgment,
deferring
a
sentence,
or
suspending
a
27
sentence
for
a
person
convicted
of
a
first
offense
of
operating
28
while
intoxicated
(OWI)
if
the
offense
resulted
in
bodily
29
injury
to
another
person.
Code
section
321J.2
also
prohibits
30
a
court
from
reducing
the
fine
for
a
first
offense
of
OWI
from
31
$1,250
to
$625
if
the
offense
resulted
in
personal
injury
or
32
property
damage.
33
This
bill
eliminates
those
prohibitions.
Under
the
bill,
34
a
person
convicted
of
a
first
offense
of
OWI
is
eligible
to
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2085
receive
a
deferred
judgment,
deferred
sentence,
or
suspended
1
sentence,
and
a
reduced
fine,
regardless
of
whether
the
offense
2
resulted
in
personal
injury
or
property
damage,
as
long
as
3
the
person
meets
the
other
requirements
for
receiving
those
4
benefits.
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