Text: H03964 Text: H03966 Text: H03900 - H03999 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 358, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 4, by inserting after line 16 the 1 4 following: 1 5 "Sec. . NEW SECTION. 321J.24A YOUTHFUL 1 6 OFFENDER SUBSTANCE ABUSE AWARENESS PROGRAM. 1 7 1. As used in this section, unless the context 1 8 otherwise requires: 1 9 a. "Participant" means a person whose motor 1 10 vehicle license or operating privilege has been 1 11 revoked for a violation of section 321J.2A, if enacted 1 12 by 1995 Iowa Acts, Senate File 446. 1 13 b. "Program" means a substance abuse awareness 1 14 program provided under a contract entered into between 1 15 the provider and the commission on substance abuse of 1 16 the Iowa department of public health under chapter 1 17 125. 1 18 c. "Program coordinator" means a person assigned 1 19 the duty to coordinate a participant's activities in a 1 20 program by the program provider. 1 21 2. A substance abuse awareness program is 1 22 established in each of the regions established by the 1 23 commission on substance abuse. The program shall 1 24 consist of an insight class and a substance abuse 1 25 evaluation, which shall be attended by the 1 26 participant, to discuss issues related to the 1 27 potential consequences of substance abuse. The parent 1 28 or parents of the participant shall also be encouraged 1 29 to participate in the program. The program provider 1 30 shall consult with the participant or the parents of 1 31 the participant in the program to determine the timing 1 32 and appropriate level of participation for the 1 33 participant and any participation by the participant's 1 34 parents. The program may also include a supervised 1 35 educational tour by the participant to any or all of 1 36 the following: 1 37 a. A hospital or other emergency medical care 1 38 facility which regularly receives victims of motor 1 39 vehicle accidents, to observe treatment of appropriate 1 40 victims of motor vehicle accidents involving 1 41 intoxicated drivers, under the supervision of a 1 42 registered nurse, physician, paramedic, or emergency 1 43 medical technician. 1 44 b. A facility for the treatment of chemical 1 45 substance abuse as defined in section 125.2, under the 1 46 supervision of appropriately licensed medical 1 47 personnel. 1 48 c. If approved by the state or county medical 1 49 examiner, a morgue or a similar facility to receive 1 50 appropriate educational material and instruction 2 1 concerning damage caused by the consumption of alcohol 2 2 or other drugs, under the supervision of the county 2 3 medical examiner or deputy medical examiner. 2 4 3. If the program includes a tour, the program 2 5 coordinator shall explain and discuss the experiences 2 6 which may be encountered during the tour to the 2 7 participant. If the program coordinator determines at 2 8 any time before or during a tour that the tour may be 2 9 traumatic or otherwise inappropriate for the 2 10 participant, the program coordinator shall terminate 2 11 the tour without prejudice to the participant. 2 12 4. Upon the revocation of the motor vehicle 2 13 license or operating privileges of a person who is 2 14 fourteen years of age or older for a violation of 2 15 section 321J.2A, if enacted, if the person has had no 2 16 previous revocations under either section 321J.2 or 2 17 section 321J.2A, if enacted, a person may participate 2 18 in the substance abuse awareness program. The state 2 19 department of transportation shall notify a potential 2 20 program participant of the possibility and potential 2 21 benefits of attending a program and shall notify a 2 22 potential program participant of the availability 2 23 programs which exist in the area in which the person 2 24 resides. The state department of transportation shall 2 25 consult with the Iowa department of public health to 2 26 determine what programs are available in various areas 2 27 of the state. The period of revocation for a person 2 28 whose motor vehicle license or operating privilege has 2 29 been revoked under section 321J.2A, if enacted, shall 2 30 be reduced by fifty percent upon receipt by the state 2 31 department of transportation of a certification by a 2 32 program provider that the person has completed a 2 33 program. 2 34 5. Program providers and facilities toured during 2 35 the program are not liable for any civil damages 2 36 resulting from injury to the participant, or civil 2 37 damages caused by the participant during or from any 2 38 activities related to a tour, except for willful or 2 39 grossly negligent acts intended to, or reasonably 2 40 expected to result in, such injury or damage. 2 41 6. The program provider shall determine fees to be 2 42 paid by participants in the program. The program fees 2 43 shall be paid on a sliding scale, based upon the 2 44 ability of a participant and a participant's family to 2 45 pay the fees, and shall not exceed one hundred dollars 2 46 per participant. The program provider shall use the 2 47 fees to pay all costs associated with the program." 2 48 #2. Page 5, by inserting after line 1 the 2 49 following: 2 50 "Sec. . Section 321J.12, subsection 5, as 3 1 enacted by 1995 Iowa Acts, Senate File 446, is amended 3 2 to read as follows: 3 3 5. Upon certification, subject to penalty of 3 4 perjury, by the peace officer that there existed 3 5 reasonable grounds to believe that the person had been 3 6 operating a motor vehicle in violation of section 3 7 321J.2A, that there existed one or more of the 3 8 necessary conditions for chemical testing described in 3 9 section 321J.6, subsection 1, and that the person 3 10 submitted to chemical testing and the test results 3 11 indicated an alcohol concentration as defined in 3 12 section 321J.1 of .02 or more but less than .10, the 3 13 department shall revoke the person's motor vehicle 3 14 license or operating privilege for a period ofthirty3 15 sixty days if the person has had no revocations within 3 16 the previous six years under section 321J.2A, and for 3 17 a period of ninety days if the person has had one or 3 18 more previous revocations within the previous six 3 19 years under section 321J.2A." 3 20 #3. Title page, line 1, by striking the word 3 21 "habitual" and inserting the following: "certain". 3 22 #4. Title page, line 3, by inserting after the 3 23 word "status," the following: "providing for a 3 24 youthful offender substance abuse awareness program,". 3 25 #5. By numbering and renumbering as necessary. 3 26 3 27 3 28 3 29 THOMSON of Linn 3 30 3 31 3 32 3 33 KREIMAN of Davis 3 34 SF 358.702 76 3 35 lh/sc
Text: H03964 Text: H03966 Text: H03900 - H03999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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