Bill Text: IA SSB1002 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act allowing certain operating-while-intoxicated offenders to be sentenced as habitual offenders, and making penalties applicable.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-01-22 - Subcommittee recommends passage. [SSB1002 Detail]

Download: Iowa-2019-SSB1002-Introduced.html
Senate Study Bill 1002 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 TLSB 1350XC (2) 88 ns/rh
S.F. _____ 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 35 -1- LSB 1350XC (2) 88 ns/rh 1/ 2
S.F. _____ 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. 14 -2- LSB 1350XC (2) 88 ns/rh 2/ 2
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