House
File
2015
-
Introduced
HOUSE
FILE
2015
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
the
suspension
of
fines
assessed
for
1
operating-while-intoxicated
offenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5061HH
(2)
88
mo/ns
H.F.
2015
Section
1.
Section
321J.2,
subsection
3,
paragraph
c,
1
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
2
follows:
3
Assessment
of
a
fine
of
one
thousand
two
hundred
fifty
4
dollars.
However,
in
the
discretion
of
the
court,
if
no
5
personal
or
property
injury
has
resulted
from
the
defendant’s
6
actions,
the
court
may
waive
up
to
six
hundred
twenty-five
7
dollars
of
the
fine
when
the
defendant
presents
to
the
court
8
a
temporary
restricted
license
issued
pursuant
to
section
9
321J.20
.
10
Sec.
2.
Section
462A.14,
subsection
2,
paragraph
a,
11
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
12
(2)
Assessment
of
a
fine
of
one
thousand
dollars.
However,
13
in
the
discretion
of
the
court,
if
no
personal
or
property
14
injury
has
resulted
from
the
defendant’s
actions,
up
to
five
15
hundred
dollars
of
the
fine
may
be
waived.
As
an
alternative
16
to
a
portion
or
all
of
the
fine,
the
court
may
order
the
person
17
to
perform
unpaid
community
service.
18
Sec.
3.
Section
907.3,
subsection
3,
paragraph
c,
19
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
20
follows:
21
A
mandatory
minimum
sentence
of
incarceration
imposed
22
pursuant
to
a
violation
of
section
321J.2,
subsection
1
;
23
furthermore,
the
court
shall
not
suspend
any
part
of
a
sentence
24
not
involving
incarceration
imposed
pursuant
to
section
321J.2,
25
subsection
3,
4,
or
5
,
other
than
an
assessed
fine,
beyond
the
26
mandatory
minimum
if
any
of
the
following
apply:
27
Sec.
4.
Section
907.3,
subsection
3,
paragraph
f,
Code
2020,
28
is
amended
to
read
as
follows:
29
f.
A
mandatory
minimum
sentence
or
fine
imposed
for
a
30
violation
of
section
462A.14
,
other
than
an
assessed
fine
.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Current
law
provides
that
a
defendant
who
is
convicted
of
35
-1-
LSB
5061HH
(2)
88
mo/ns
1/
2
H.F.
2015
a
first,
second,
third,
or
subsequent
offense
of
operating
a
1
motor
vehicle,
motorboat,
or
sailboat
while
intoxicated
must
be
2
assessed
a
fine
of
varying
amounts
depending
on
the
offense.
3
If
a
defendant
commits
a
first
offense
of
operating
a
motor
4
vehicle,
motorboat,
or
sailboat
while
intoxicated,
the
court
5
may
waive
up
to
half
of
the
assessed
fine
if
no
personal
or
6
property
injury
resulted
from
the
offense,
or
may
order
a
7
defendant
to
perform
unpaid
community
service
as
an
alternative
8
to
a
portion
or
all
of
the
fine.
Under
Code
section
901.5(3),
9
a
court
may
suspend
execution
of
a
sentence
or
any
part
of
the
10
sentence,
including
a
fine,
in
accordance
with
Code
chapter
11
907.
Under
Code
section
907.3,
a
court
is
prohibited
from
12
suspending
a
fine
imposed
for
operating
a
motor
vehicle,
13
motorboat,
or
sailboat
while
intoxicated
beyond
the
mandatory
14
minimum.
15
This
bill
strikes
the
provisions
allowing
a
court
to
waive
up
16
to
half
of
the
fine
for
a
first
offense
and
amends
Code
section
17
907.3
to
allow
a
court
to
suspend
any
amount
of
a
fine
assessed
18
for
a
first,
second,
third,
or
subsequent
offense
of
operating
19
a
motor
vehicle,
motorboat,
or
sailboat
while
intoxicated.
20
-2-
LSB
5061HH
(2)
88
mo/ns
2/
2