Bill Text: IA SF113 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act allowing certain operating-while-intoxicated offenders to be sentenced as habitual offenders, and making penalties applicable. (Formerly SSB 1002.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-03-21 - Signed by Governor. S.J. 711. [SF113 Detail]
Download: Iowa-2019-SF113-Introduced.html
Bill Title: A bill for an act allowing certain operating-while-intoxicated offenders to be sentenced as habitual offenders, and making penalties applicable. (Formerly SSB 1002.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-03-21 - Signed by Governor. S.J. 711. [SF113 Detail]
Download: Iowa-2019-SF113-Introduced.html
Senate
File
113
-
Introduced
SENATE
FILE
113
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1002)
A
BILL
FOR
An
Act
allowing
certain
operating-while-intoxicated
offenders
1
to
be
sentenced
as
habitual
offenders,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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113
Section
1.
Section
321J.2,
subsection
5,
unnumbered
1
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
2
A
third
or
subsequent
offense
is
punishable
by
all
of
the
3
following:
4
Sec.
2.
Section
321J.2,
subsection
5,
Code
2019,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
e.
Notwithstanding
the
maximum
sentence
7
set
forth
in
paragraph
“a”
,
a
person
convicted
of
a
third
or
8
subsequent
offense
may
be
sentenced
as
an
habitual
offender
9
pursuant
to
sections
902.8
and
902.9
if
the
person
qualifies
as
10
an
habitual
offender
as
described
in
section
902.8.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
Under
current
law,
Code
section
321J.2(2)(c)
provides
that
a
15
third
or
subsequent
operating-while-intoxicated
(OWI)
offense
16
is
a
class
“D”
felony
and
Code
section
321J.4(4)
requires
the
17
department
of
transportation
to
revoke
the
driver’s
license
of
18
a
person
convicted
of
a
third
or
subsequent
OWI
offense
for
six
19
years.
Code
section
321J.2(5)
sets
forth
the
punishments
for
20
persons
convicted
of
a
third
OWI
offense,
including
confinement
21
not
to
exceed
five
years
with
a
mandatory
minimum
term
of
22
30
days,
assessment
of
a
fine
of
between
$3,125
and
$9,375,
23
revocation
of
the
person’s
driver’s
license
for
six
years,
24
and
assignment
to
substance
abuse
evaluation
and
treatment,
a
25
course
for
drinking
drivers,
and
a
reality
education
substance
26
abuse
prevention
program.
This
bill
specifies
that
the
27
punishments
set
forth
under
Code
section
321J.2(5)
apply
to
28
persons
convicted
of
a
third
or
subsequent
OWI
offense.
29
Under
current
law,
Code
section
902.8
provides
that
an
30
habitual
offender
is
any
person
convicted
of
a
class
“C”
or
31
class
“D”
felony,
who
has
twice
before
been
convicted
of
32
any
felony.
Under
Code
section
902.9,
the
maximum
sentence
33
for
an
habitual
offender
is
confinement
for
no
more
than
15
34
years,
if
the
maximum
sentence
is
not
otherwise
prescribed
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113
by
statute.
The
bill
provides
that
a
person
convicted
of
a
1
third
or
subsequent
OWI
offense
may
be
sentenced
as
an
habitual
2
offender
pursuant
to
Code
sections
902.8
and
902.9
if
the
3
person
qualifies
as
an
habitual
offender
as
described
in
Code
4
section
902.8.
5
The
bill,
in
part,
is
a
response
to
the
Iowa
supreme
court’s
6
decision
in
Noll
v.
Iowa
Dist.
Court
for
Muscatine
Cty.,
919
7
N.W.2d
232
(Iowa
2018),
holding
that
the
maximum
and
minimum
8
sentences
set
forth
in
Code
section
321J.2(5)
for
a
third
OWI
9
offense
represent
the
general
assembly’s
intent
to
preclude
10
sentencing
a
person
convicted
of
a
third
or
subsequent
OWI
11
offense
as
an
habitual
offender
under
Code
sections
902.8
and
12
902.9
even
though
the
person
was
previously
convicted
of
at
13
least
two
felonies.
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