HomeMy WebLinkAboutA001 - Cover letter for proposed ordinance r #\.
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City Attorney's Office
i 515 Clark Avenue, P. O. Box 811
Caring People Ames, IA 50010
Quality Program Phone: 515-239-5146 • Fax: 515-239-5142
Exceptional Service
December 14, 2009
The Honorable Ann Campbell, Mayor,
and Members of the City Council DEC 1 4
of the City of Ames, Iowa FV `
Re: Proposed Addition to City of Ames Criminal Code CITY CLERK
CITY OF,AMES,IOWA
Dear Mayor Campbell and Council Members:
Principles of criminal justice generally hold that repeat violations should be treated more
severely and punished more harshly than an initial violation. This is true in federal, state and
local criminal codes. As an example, under the state code, a first offense possession of alcohol
under the legal age charge carries a penalty of$200 while a second violation carries a mandatory
penalty of$500. The general belief is that this type of enhanced penalty helps to deter crime and
repeat offenders.
From the City's perspective, problems have arisen with our criminal prosecutions when prior
offenses have occurred in a different municipality or when they have been charged under the
state code. For example, if someone is charged with a public intoxication charge in Ames, under
the Ames Municipal Code, and they already have a prior conviction for public intoxication, but
that conviction is from Iowa City, we are restricted to charging the new violation as a first
offense. This is because our current municipal code does not explicitly state that prior offenses,
regardless of where they occur, will count when charging someone with a subsequent offense.
In order to correct this, the City Attorney's office proposes adding a new section to Chapter 17
that defines what can properly be charged as a subsequent offense. This new section should
clearly state that prior judgments from other jurisdictions will be considered appropriate prior
offenses to justify charging the new offense in Ames as a subsequent offense.
The City Attorney's office has consulted with the police department regarding this proposal and
the police department supports these actions. The City Attorney's office believes that by adding
this new section, we will be better able to enforce the laws of the City of Ames.
Sincerely,
tt
Kristine Stone
Assistant City Attorney