Bill Text: IA HF2085 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to eligibility for a deferred judgment, deferred sentence, suspended sentence, or reduced fine for a first offense of operating while intoxicated involving bodily injury or property damage.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-02-11 - Passed subcommittee. [HF2085 Detail]

Download: Iowa-2015-HF2085-Introduced.html

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House File 2085 - Introduced




                                 HOUSE FILE       
                                 BY  OLSON

                                      A BILL FOR

  1 An Act relating to eligibility for a deferred judgment,
  2    deferred sentence, suspended sentence, or reduced fine for
  3    a first offense of operating while intoxicated involving
  4    bodily injury or property damage.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5096YH (3) 86
    ns/nh

PAG LIN



  1  1    Section 1.  Section 321J.2, subsection 3, paragraph b,
  1  2 subparagraph (2), subparagraph division (e), Code 2016, is
  1  3 amended by striking the subparagraph division.
  1  4    Sec. 2.  Section 321J.2, subsection 3, paragraph c,
  1  5 unnumbered paragraph 1, Code 2016, is amended to read as
  1  6 follows:
  1  7    Assessment of a fine of one thousand two hundred fifty
  1  8 dollars. However, in the discretion of the court, if no
  1  9 personal or property injury has resulted from the defendant's
  1 10 actions, the court may waive up to six hundred twenty=five
  1 11 dollars of the fine when the defendant presents to the court
  1 12 at the end of the minimum period of ineligibility a temporary
  1 13 restricted license issued pursuant to section 321J.20.
  1 14    Sec. 3.  Section 907.3, subsection 1, paragraph a,
  1 15 subparagraph (6), subparagraph division (e), Code 2016, is
  1 16 amended by striking the subparagraph division.
  1 17    Sec. 4.  Section 907.3, subsection 2, paragraph a,
  1 18 subparagraph (2), subparagraph division (e), Code 2016, is
  1 19 amended by striking the subparagraph division.
  1 20    Sec. 5.  Section 907.3, subsection 3, paragraph c,
  1 21 subparagraph (5), Code 2016, is amended by striking the
  1 22 subparagraph.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    Code sections 321J.2 and 907.3 prohibit a court from
  1 27 deferring judgment, deferring a sentence, or suspending a
  1 28 sentence for a person convicted of a first offense of operating
  1 29 while intoxicated (OWI) if the offense resulted in bodily
  1 30 injury to another person. Code section 321J.2 also prohibits
  1 31 a court from reducing the fine for a first offense of OWI from
  1 32 $1,250 to $625 if the offense resulted in personal injury or
  1 33 property damage.
  1 34    This bill eliminates those prohibitions. Under the bill,
  1 35 a person convicted of a first offense of OWI is eligible to
  2  1 receive a deferred judgment, deferred sentence, or suspended
  2  2 sentence, and a reduced fine, regardless of whether the offense
  2  3 resulted in personal injury or property damage, as long as
  2  4 the person meets the other requirements for receiving those
  2  5 benefits.
       LSB 5096YH (3) 86
       ns/nh