Text: HF00113 Text: HF00115 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.12, unnumbered paragraph 2, Code 1 2 1995, is amended by striking the paragraph. 1 3 Sec. 2. Section 321J.2, subsection 3, Code 1995, is 1 4 amended to read as follows: 1 5 3.No conviction for, deferred judgment for, or plea of1 6guilty to, a violation of this section which occurred more1 7than six years prior to the date of the violation charged1 8shall be considered in determining that the violation charged1 9is a second, third, or subsequent offense.For the purpose of 1 10 determining if a violation charged is a second, third, or 1 11 subsequent offense, deferred judgments pursuant to section 1 12 907.3 for violations of this section and convictions or the 1 13 equivalent of deferred judgments for violations in any other 1 14 states under statutes substantially corresponding to this 1 15 section shall be counted as previous offenses. The courts 1 16 shall judicially notice the statutes of other states which 1 17 define offenses substantially equivalent to the one defined in 1 18 this section and can therefore be considered corresponding 1 19 statutes. Each previous violation on which conviction or 1 20 deferral of judgment was entered prior to the date of the 1 21 violation charged shall be considered and counted as a 1 22 separate previous offense. 1 23 Sec. 3. Section 321J.4, subsection 1, Code 1995, is 1 24 amended to read as follows: 1 25 1. If a defendant is convicted of a violation of section 1 26 321J.2 and the defendant's motor vehicle license or 1 27 nonresident operating privilege has not been revoked under 1 28 section 321J.9 or 321J.12 for the occurrence from which the 1 29 arrest arose, the department shall revoke the defendant's 1 30 motor vehicle license or nonresident operating privilege for 1 31 one hundred eighty days if the defendant has had no previous 1 32 conviction under section 321J.2 or revocation under section 1 33 321J.9 or 321J.12within the previous six yearsand for one 1 34 year if the defendant has had one or more previous convictions 1 35 or revocations under those sectionswithin the previous six2 1years. 2 2 Sec. 4. Section 321J.4A, subsection 2, Code 1995, is 2 3 amended by striking the subsection. 2 4 Sec. 5. Section 321J.9, Code 1995, is amended to read as 2 5 follows: 2 6 321J.9 REFUSAL TO SUBMIT &endash; REVOCATION. 2 7 If a person refuses to submit to the chemical testing, a 2 8 test shall not be given, but the department, upon the receipt 2 9 of the peace officer's certification, subject to penalty for 2 10 perjury, that the officer had reasonable grounds to believe 2 11 the person to have been operating a motor vehicle in violation 2 12 of section 321J.2, that specified conditions existed for 2 13 chemical testing pursuant to section 321J.6, and that the 2 14 person refused to submit to the chemical testing, shall revoke 2 15 the person's motor vehicle license and any nonresident 2 16 operating privilege for a period of two hundred forty days if 2 17 the person has no previous revocationwithin the previous six2 18yearsunder this chapter; and five hundred forty days if the 2 19 person has one or more previous revocationswithin the2 20previous six yearsunder this chapter; or if the person is a 2 21 resident without a license or permit to operate a motor 2 22 vehicle in this state, the department shall deny to the person 2 23 the issuance of a license or permit for the same period a 2 24 license or permit would be revoked, subject to review as 2 25 provided in this chapter. The effective date of revocation 2 26 shall be twenty days after the department has mailed notice of 2 27 revocation to the person by certified mail or, on behalf of 2 28 the department, a peace officer offering or directing the 2 29 administration of a chemical test may serve immediate notice 2 30 of intention to revoke and of revocation on a person who 2 31 refuses to permit chemical testing. If the peace officer 2 32 serves that immediate notice, the peace officer shall take the 2 33 Iowa license or permit of the driver, if any, and issue a 2 34 temporary license effective for only twenty days. The peace 2 35 officer shall immediately send the person's license to the 3 1 department along with the officer's certificate indicating the 3 2 person's refusal to submit to chemical testing. 3 3 Sec. 6. Section 321J.12, unnumbered paragraph 1, Code 3 4 1995, is amended to read as follows: 3 5 Upon certification, subject to penalty for perjury, by the 3 6 peace officer that there existed reasonable grounds to believe 3 7 that the person had been operating a motor vehicle in 3 8 violation of section 321J.2, that there existed one or more of 3 9 the necessary conditions for chemical testing described in 3 10 section 321J.6, subsection 1, and that the person submitted to 3 11 chemical testing and the test results indicated an alcohol 3 12 concentration as defined in section 321J.1 of .10 or more, the 3 13 department shall revoke the person's motor vehicle license or 3 14 nonresident operating privilege for a period of one hundred 3 15 eighty days if the person has had no previous revocation 3 16within the previous six yearsunder this chapter, and one year 3 17 if the person has had one or more previous revocationswithin3 18the previous six yearsunder this chapter. 3 19 Sec. 7. Section 321J.20, subsection 1, unnumbered 3 20 paragraph 1, Code 1995, is amended to read as follows: 3 21 The department may, on application, issue a temporary 3 22 restricted license to a person whose motor vehicle license is 3 23 revoked under this chapter allowing the person to drive to and 3 24 from the person's home and specified places at specified times 3 25 which can be verified by the department and which are required 3 26 by the person's full-time or part-time employment, continuing 3 27 health care or the continuing health care of another who is 3 28 dependent upon the person, continuing education while enrolled 3 29 in an educational institution on a part-time or full-time 3 30 basis and while pursuing a course of study leading to a 3 31 diploma, degree, or other certification of successful 3 32 educational completion, substance abuse treatment, and court- 3 33 ordered community service responsibilities if the person's 3 34 motor vehicle license has not been revoked under section 3 35 321J.4, 321J.9, or 321J.12within the previous six yearsand 4 1 if any of the following apply: 4 2 Sec. 8. Section 907.3, subsection 1, paragraph g, Code 4 3 1995, is amended to read as follows: 4 4 g. The offense is a violation of section 321J.2 and,4 5within the previous six years,the person has been convicted 4 6 of a violation of that section or the person's driver's 4 7 license has been revoked pursuant to section 321J.4, 321J.9, 4 8 or 321J.12. 4 9 Sec. 9. Section 25B.2, subsection 3, Code 1995, shall not 4 10 apply to this Act. 4 11 EXPLANATION 4 12 This bill deletes language, from the chapter governing the 4 13 offense of operating while intoxicated, that currently 4 14 prevents consideration of offenses committed more than six 4 15 years from a current offense for purposes of determining 4 16 whether enhanced criminal penalties or license revocation 4 17 periods should apply. The effect of the deletion is to 4 18 include all arrests and convictions, regardless of how old 4 19 they are, for purposes of determining whether enhanced 4 20 criminal penalties or license revocations apply. 4 21 This bill may include a state mandate as defined in section 4 22 25B.3. However, this bill makes inapplicable the statutory 4 23 provision which would permit a political subdivision to not 4 24 comply with a state mandate if funding for the cost of the 4 25 state mandate is not provided or specified. 4 26 LSB 1285HH 76 4 27 lh/jj/8
Text: HF00113 Text: HF00115 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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