H.F. 2708 Section 1. Section 707.6A, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. A person commits an aggravated 3 misdemeanor when the person unintentionally injures another 4 person by operating a motor vehicle while intoxicated, as 5 prohibited by section 321J.2. A person committing a second or 6 subsequent violation of this subsection commits a class “D” 7 felony. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 Under current law, a person who unintentionally causes 12 the death of another by operating a motor vehicle while 13 intoxicated (OWI) commits a class “B” felony. A person who 14 unintentionally causes a serious injury by OWI commits a class 15 “D” felony. “Serious injury” is defined to include disabling 16 mental illness; bodily injury which creates a substantial 17 risk of death, causes serious permanent disfigurement, or 18 causes protracted loss or impairment of the function of any 19 bodily member or organ; any injury to a child that requires 20 surgical repair and necessitates the administration of general 21 anesthesia; and skull fractures, rib fractures, and metaphyseal 22 fractures of the long bones of children under the age of four 23 years. 24 This bill provides that a person who unintentionally injures 25 another person, but does not cause serious injury, by OWI 26 commits an aggravated misdemeanor. An aggravated misdemeanor 27 is punishable by confinement for no more than two years and 28 a fine of at least $855 but not more than $8,540. A person 29 committing a second or subsequent violation of the bill commits 30 a class “D” felony. A class “D” felony is punishable by 31 confinement for no more than five years and a fine of at least 32 $1,025 but not more than $10,245. 33 -1- LSB 6745YH (4) 91 as/js 1/ 1