House
File
2023
-
Introduced
HOUSE
FILE
2023
BY
SALMON
A
BILL
FOR
An
Act
relating
to
operating-while-intoxicated
offenses
causing
1
death
or
serious
injury,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
707.6A,
subsections
1
and
4,
Code
2018,
1
are
amended
to
read
as
follows:
2
1.
A
person
commits
a
class
“B”
felony
punishable
by
3
imprisonment
not
to
exceed
fifty
years
when
the
person
4
unintentionally
causes
the
death
of
another
by
operating
a
5
motor
vehicle
while
intoxicated,
as
prohibited
by
section
6
321J.2
,
subsection
1
.
7
4.
a.
A
person
commits
a
class
“C”
felony
when
the
person
8
unintentionally
causes
a
serious
injury,
as
defined
in
section
9
702.18,
by
the
means
described
in
subsection
1.
10
b.
A
person
commits
a
class
“D”
felony
when
the
person
11
unintentionally
causes
a
serious
injury,
as
defined
in
section
12
702.18
,
by
any
of
the
means
described
in
subsection
1
or
2
.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
increases
criminal
penalties
for
17
operating-while-intoxicated
(OWI)
offenses
causing
death
or
18
serious
injury.
19
Under
current
law,
unintentionally
causing
the
death
of
20
another
person
by
operating
a
motor
vehicle
while
intoxicated
21
is
a
class
“B”
felony.
Unless
the
maximum
sentence
for
22
a
felony
is
prescribed
by
statute,
a
class
“B”
felony
is
23
punishable
by
imprisonment
for
no
more
than
25
years.
The
24
bill
provides
the
maximum
sentence
for
unintentionally
causing
25
the
death
of
another
person
by
operating
a
motor
vehicle
while
26
intoxicated
is
imprisonment
not
to
exceed
50
years.
27
Under
current
law,
unintentionally
causing
serious
injury
28
by
operating
a
motor
vehicle
while
intoxicated
is
a
class
“D”
29
felony.
A
class
“D”
felony
is
punishable
by
imprisonment
for
30
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
31
more
than
$7,500.
The
bill
provides
that
unintentionally
32
causing
serious
injury
by
operating
a
motor
vehicle
while
33
intoxicated
is
a
class
“C”
felony.
A
class
“C”
felony
is
34
punishable
by
imprisonment
for
no
more
than
10
years
and
a
fine
35
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of
at
least
$1,000
but
not
more
than
$10,000.
By
operation
of
1
law,
Code
section
811.1
would
prohibit
a
person
convicted
of
2
unintentionally
causing
serious
injury
by
operating
a
motor
3
vehicle
while
intoxicated
from
being
admitted
to
bail
during
4
the
appeal
process.
5
Under
current
law,
a
court
is
prohibited
from
deferring
6
judgment,
deferring
the
sentence,
or
suspending
the
sentence
of
7
any
person
convicted
of
an
offense
under
Code
section
707.6A,
8
subsections
1
and
4,
involving
an
OWI
offense
(Code
section
9
907.3).
In
addition,
a
person
convicted
of
unintentionally
10
causing
the
death
of
another
person
by
operating
a
motor
11
vehicle
while
intoxicated
who
also
fails
to
remain
at
the
scene
12
of
an
accident
in
violation
of
Code
section
321.261
must
be
13
denied
parole
or
work
release
until
the
person
has
served
at
14
least
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
15
(Code
section
902.12).
16
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