Allowing certain operating-while-intoxicated offenders to be sentenced as habitual offenders, and making penalties applicable

Sponsored by the House Judiciary (companion To Sf 113 By Committee on Judiciary) Committee

Topics:Courts & civil law Crime & corrections

Same legislation: SSB 1002, HSB 29, SF 113

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 28, 2019
Skipped: SubcommitteeSkipped
Done: House committeeMarch 11, 2019
Done: Passes the HouseMarch 11, 2019
Skipped: Senate committeeSkipped
Done: Passes the SenateFebruary 18, 201948–0
Done: To the GovernorMarch 20, 2019
Done: Signed into lawMarch 21, 2019

SF 113 became law → The same legislation passed as SF 113, so this version was set aside. Go to SF 113 What’s a funnel?

What’s in it

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.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 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.

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2(5) apply to persons convicted of a third or subsequent OWI offense.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.9, the maximum sentence for an habitual offender is confinement for no more than years, if the maximum sentence is not otherwise prescribed by statute.8. The bill, in part, is a response to the Iowa supreme court’s decision in Noll v. Iowa Dist.9 even though the person was previously convicted of at least two felonies.

Full bill text · What changed before it passed¹

Fiscal note

AI summary Senate File 113 allows people convicted of a third or subsequent operating while intoxicated offense to be sentenced as habitual offenders if they have two prior felony convictions. The fiscal impact of this bill cannot be determined because it is difficult to estimate how many offenders will qualify for and receive these enhanced sentences. However, the note suggests the increase in prison populations and the fiscal impact to the Department of Corrections may be minimal because this practice was used before a recent court ruling.²

Read the fiscal note

Description

Senate File 113 provides that a person convicted of a third or subsequent operating-while-intoxicated (OWI) offense may be sentenced as a habitual offender pursuant to Iowa Code sections 902.8 and 902.9 if the person qualifies as a habitual offender as described in Iowa Code section 902.8.

Background

Under current law, Iowa Code section 321J.2(2)(c) provides that a third or subsequent OWI offense is a Class D felony, punishable by confinement not to exceed five years with a mandatory minimum term of 30 days, assessment of a fine between $3,125 and $9,375, revocation of the person’s driver’s license for six years, assignment to substance abuse evaluation and treatment, a course for drinking drivers, and a reality education substance abuse prevention program.

Iowa Code section 902.8 provides that a habitual offender is any person convicted of a Class C or D felony who has twice before been convicted of any felony. The maximum sentence for a habitual offender is confinement for no more than 15 years, and the minimum is three years confinement.

The recent Iowa Supreme Court decision in Noll v. Iowa District Court for Muscatine County1 held that the maximum sentences set forth in Iowa 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 a habitual offender. Prior to this ruling, the habitual offender statute was applied to qualifying OWI third or subsequent offenses.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

SF 113 may increase the number of individuals who enter prison. Under this Bill, if the habitual offender sentence enhancement is applied to offenders who have two prior felonies and an OWI third, the offender would be admitted to prison instead of residential treatment or probation. Table 1 shows the current number of active OWI third offenders with two or more prior felonies and the type of sentence received. The Department of Corrections has indicated it is difficult to 1 919 N.W.2d 232 (Iowa 2018).

estimate the proportion of OWI third offenders who have prior felonies and would qualify for habitual offender status under this provision. In addition, application of the enhanced status is under the discretion of the county attorney, and as a result, it is difficult to determine how many of those who qualify for habitual offender sentences would receive enhanced status. Table 1 — Active OWI 3rd Offenders with Two or More Prior Felonies by Sentence

Received

Sentence Received OWI 3rd Offenders with Two or More Prior Felonies Prison 209 OWI Continuum – Residential 70 Probation 95 Total 374 The length of stay for qualifying offenders would increase under the enhanced sentence. In FY 2018, OWI third offenders stayed in prison for approximately 7.9 months. Under this Bill, the average length of stay could increase to 18 months.

It is important to note that prior to the Noll case, the habitual offender statute was previously applied to OWI third sentences. The implementation of SF 113 would allow this practice to resume. As a result, the increase in prison populations may be minimal due to this prior existing practice.

Minority Impact

The minority impact of SF 113 is unknown. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of SF 113 cannot be determined due to the inability to estimate the proportion of OWI third offenders who have prior felonies and would qualify for a habitual offender sentence and receive enhanced status. It should be noted that prior to the Noll case, the habitual offender statute was applied to OWI third sentences and the implementation of SF 113 would allow this practice to resume. As a result, the increase in prison populations and fiscal impact to the Department of Corrections may be minimal due to this prior existing practice. Table 2 shows the difference in total prison costs between one OWI third sentence and a Habitual Offender enhanced sentence.

Table 2 — Average Length of Stay Marginal Prison Cost Difference