HF 803 (LSB 2786HV (1) 91)

HOUSE FILE 803

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 464)

A BILL FOR

An Act relating to court-ordered substance use disorder evaluations for persons convicted of operating while intoxicated.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.2, subsection 7, paragraph a, Code 2025, is amended to read as follows:
   a.  All persons convicted of an offense under subsection 2 shall be ordered, at the person’s expense, to undergo, prior to sentencing, a substance use disorder evaluation. The court shall order the person to follow the recommendations proposed in the substance use disorder evaluation as provided in section 321J.3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who is convicted of operating while intoxicated must pay for and undergo a substance use disorder evaluation prior to sentencing. This bill strikes the requirement for the evaluation to occur prior to sentencing.