Bill Text: IA HF2178 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the fines assessed for operating a motor vehicle while intoxicated.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-02-04 - Introduced, referred to Judiciary. H.J. 168. [HF2178 Detail]

Download: Iowa-2015-HF2178-Introduced.html

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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:
    TLSB 5667YH (3) 86
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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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