Bill Text: IA SF113 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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
to be sentenced as habitual offenders, and making penalties
applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321J.2, subsection 5, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
A third or subsequent offense is punishable by all of the
following:
Sec. 2. Section 321J.2, subsection 5, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. Notwithstanding the maximum sentence
set forth in paragraph “a” , a person convicted of a third or
subsequent offense may be sentenced as an habitual offender
pursuant to sections 902.8 and 902.9 if the person qualifies as
an habitual offender as described in section 902.8.
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, Code section 321J.2(2)(c) provides that a
third or subsequent operating-while-intoxicated (OWI) offense
is a class “D” felony and Code section 321J.4(4) requires the
department of transportation to revoke the driver’s license of
a person convicted of a third or subsequent OWI offense for six
years. Code section 321J.2(5) sets forth the punishments for
persons convicted of a third OWI offense, including confinement
not to exceed five years with a mandatory minimum term of
30 days, assessment of a fine of between $3,125 and $9,375,
revocation of the person’s driver’s license for six years,
and assignment to substance abuse evaluation and treatment, a
course for drinking drivers, and a reality education substance
abuse prevention program. This bill specifies that the
punishments set forth under Code section 321J.2(5) apply to
persons convicted of a third or subsequent OWI offense.
Under current law, Code section 902.8 provides that an
habitual offender is any person convicted of a class “C” or
class “D” felony, who has twice before been convicted of
any felony. Under Code section 902.9, the maximum sentence
for an habitual offender is confinement for no more than 15
years, if the maximum sentence is not otherwise prescribed
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S.F. 113
by statute. The bill provides that a person convicted of a
third or subsequent OWI offense may be sentenced as an habitual
offender pursuant to Code sections 902.8 and 902.9 if the
person qualifies as an habitual offender as described in Code
section 902.8.
The bill, in part, is a response to the Iowa supreme court’s
decision in Noll v. Iowa Dist. Court for Muscatine Cty., 919
N.W.2d 232 (Iowa 2018), holding that the maximum and minimum
sentences set forth in Code section 321J.2(5) for a third OWI
offense represent the general assembly’s intent to preclude
sentencing a person convicted of a third or subsequent OWI
offense as an habitual offender under Code sections 902.8 and
902.9 even though the person was previously convicted of at
least two felonies.
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