Iowa-2015-HF2178-Introduced
House File 2178 - Introduced
HOUSE FILE
BY WOLFE, ABDUL=SAMAD,
and BERRY
A BILL FOR
1 An Act relating to the fines assessed for operating a motor
2 vehicle while intoxicated.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 321J.2, subsection 3, paragraph c, Code
1 2 2016, is amended to read as follows:
1 3 c. Assessment of a fine of one thousand two hundred
1 4 fifty dollars. However, in the discretion of the court,
1 5 if no personal or property injury has resulted from the
1 6 defendant's actions, the court may shall waive up to six
1 7 hundred twenty=five dollars of the fine when the defendant
1 8 presents to the court at the end of the minimum period of
1 9 ineligibility a temporary restricted license issued pursuant
1 10 to section 321J.20.
1 11 (1) Upon the entry of a deferred judgment, a civil penalty
1 12 shall be assessed as provided in section 907.14 in an amount
1 13 not less than the amount of the criminal fine authorized
1 14 pursuant to this paragraph "c".
1 15 (2) As an alternative to a portion or all of the fine,
1 16 the court may order the person to perform unpaid community
1 17 service. However, the court shall not order the person to
1 18 perform unpaid community service in lieu of a civil penalty or
1 19 victim restitution. Surcharges and fees shall also be assessed
1 20 pursuant to chapter 911.
1 21 (3) Notwithstanding section 907.3 or any other provision
1 22 of law to the contrary, the court may waive all or a portion
1 23 of the fine authorized pursuant to this paragraph "c" if the
1 24 court finds the person's household income is less than the
1 25 median household income of the county in which the conviction
1 26 occurred.
1 27 Sec. 2. Section 321J.2, subsection 4, paragraph b, Code
1 28 2016, is amended to read as follows:
1 29 b. Assessment of a minimum fine of one thousand eight
1 30 hundred seventy=five dollars and a maximum fine of six thousand
1 31 two hundred fifty dollars. Surcharges and fees shall be
1 32 assessed pursuant to chapter 911. Notwithstanding section
1 33 907.3 or any other provision of law to the contrary, the court
1 34 may waive all or a portion of the fine authorized pursuant to
1 35 this paragraph "b" if the court finds the person's household
2 1 income is less than the median household income of the county
2 2 in which the conviction occurred.
2 3 Sec. 3. Section 321J.2, subsection 5, paragraph b, Code
2 4 2016, is amended to read as follows:
2 5 b. Assessment of a minimum fine of three thousand one
2 6 hundred twenty=five dollars and a maximum fine of nine thousand
2 7 three hundred seventy=five dollars. Surcharges and fees shall
2 8 be assessed pursuant to chapter 911. Notwithstanding section
2 9 907.3 or any other provision of law to the contrary, the court
2 10 may waive all or a portion of the fine authorized pursuant to
2 11 this paragraph "b" if the court finds the person's household
2 12 income is less than the median household income of the county
2 13 in which the conviction occurred.
2 14 EXPLANATION
2 15 The inclusion of this explanation does not constitute agreement with
2 16 the explanation's substance by the members of the general assembly.
2 17 Under current law, a court is required to assess a fine of
2 18 $1,250 to a person convicted of a first offense of operating
2 19 while intoxicated (OWI), a fine of between $1,875 and $6,250
2 20 to a person convicted of a second offense of OWI, and a fine
2 21 of between $3,125 and $9,375 to a person convicted of a third
2 22 offense of OWI. This bill provides that the court may waive
2 23 all or a portion of these fines if the court finds the person's
2 24 household income is less than the median household income of
2 25 the county in which the conviction occurred.
2 26 In addition, current law provides that a court may waive up
2 27 to half of the fine assessed to a person convicted of a first
2 28 offense of OWI if the person presents a temporary restricted
2 29 license to the court at the end of the minimum period of
2 30 driver's license ineligibility. The bill requires the court to
2 31 waive half of the fine in that circumstance.
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