Text: HF00342 Text: HF00344 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.12, Code 1995, is amended by adding 1 2 the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. The director shall destroy any 1 4 operating records pertaining to revocations for violations of 1 5 section 321J.2A which are more than twelve years old. The 1 6 twelve-year period shall commence with the date the revocation 1 7 of the person's operating privileges becomes effective. This 1 8 paragraph shall not apply to records of revocations which 1 9 pertain to violations of section 321J.2A by persons who were 1 10 operating a commercial motor vehicle. 1 11 Sec. 2. Section 321A.17, subsection 5, Code 1995, is 1 12 amended to read as follows: 1 13 5. An individual applying for a motor vehicle license 1 14 following a period of suspension or revocation under section 1 15 321.209, subsection 8, section 321.210, subsection 1, 1 16 paragraph "d", or section 321.210A, 321.213B, 321.216B, or 1 17 321.513,orfollowing a period of suspension under section 1 18 321.194, or following a period of revocation under section 1 19 321J.2A, is not required to maintain proof of financial 1 20 responsibility under this section. 1 21 Sec. 3. NEW SECTION. 321J.2A PERSONS UNDER THE AGE OF 1 22 NINETEEN. 1 23 A person who is under the age of nineteen shall not operate 1 24 a motor vehicle while having an alcohol concentration, as 1 25 defined under section 321J.1, of .02 or more. The motor 1 26 vehicle license or nonresident operation privilege of a person 1 27 who is under the age of nineteen and who operates a motor 1 28 vehicle while having an alcohol concentration of .02 or more, 1 29 shall be revoked by the department for the period of time 1 30 specified under section 321J.12. A revocation under this 1 31 section shall not preclude a prosecution or conviction under 1 32 any applicable criminal provisions of this chapter. However, 1 33 if the person is convicted of a criminal offense under section 1 34 321J.2, the revocation imposed under this section shall be 1 35 superseded by any revocation imposed as a result of the 2 1 conviction. 2 2 In any proceeding regarding a revocation under this 2 3 section, evidence of the results of analysis of a specimen of 2 4 the defendant's blood, breath, or urine is admissible upon 2 5 proof of a proper foundation. The alcohol concentration 2 6 established by the results of an analysis of a specimen of the 2 7 defendant's blood, breath, or urine withdrawn within two hours 2 8 after the defendant was driving or in physical control of a 2 9 motor vehicle is presumed to be the alcohol concentration at 2 10 the time of driving or being in physical control of the motor 2 11 vehicle. 2 12 Sec. 4. Section 321J.4, subsection 8, Code 1995, is 2 13 amended to read as follows: 2 14 8. A person whose motor vehicle license has either been 2 15 revoked under this chapter, or revoked or suspended under 2 16 chapter 321 solely for violations of this chapter, or who has 2 17 been determined to be a habitual offender under chapter 321 2 18 based solely on violations of this chapter, and who is not 2 19 eligible for a temporary restricted license under this chapter 2 20 may petition the court for an order to the department to 2 21 require the department to issue a temporary restricted license 2 22 to the person notwithstanding section 321.560. The court 2 23 shall determine if the temporary restricted license is 2 24 necessary for the person to maintain the person's present 2 25 employment. If the court determines that the temporary 2 26 restricted license is necessary for the person to maintain the 2 27 person's present employment, the court shall order the 2 28 department to issue to the person a temporary restricted 2 29 license conditioned upon the person's certification to the 2 30 court of the installation of approved ignition interlock 2 31 devices in all motor vehicles that it is necessary for the 2 32 person to operate to maintain the person's present employment. 2 33 However, a temporary restricted license shall not be ordered 2 34 or issued for violations of section 321J.2A or to persons 2 35 under the age of nineteen who commit violations under section 3 1 321J.2. Section 321.561 does not apply to a person operating 3 2 a motor vehicle in the manner permitted under this subsection. 3 3 If the person operates a motor vehicle which does not have an 3 4 approved ignition interlock device or if the person tampers 3 5 with or circumvents an ignition interlock device, in addition 3 6 to other penalties provided, the person's temporary restricted 3 7 license shall be revoked. A person holding a temporary 3 8 restricted license issued under this subsection shall not 3 9 operate a commercial motor vehicle, as defined in section 3 10 321.1, on a highway if a commercial driver's license is 3 11 required for the person to operate the commercial motor 3 12 vehicle. 3 13 Sec. 5. Section 321J.5, Code 1995, is amended to read as 3 14 follows: 3 15 321J.5 PRELIMINARY SCREENING TEST. 3 16 1. When a peace officer has reasonable grounds to believe 3 17 thataeither of the following have occurred, the peace 3 18 officer may request that the operator provide a sample of the 3 19 operator's breath for a preliminary screening test using a 3 20 device approved by the commissioner of public safety for that 3 21 purpose: 3 22 a. A motor vehicle operator may be violating or has 3 23 violated section 321J.2,orthe321J.2A. 3 24 b. The operator has been involved in a motor vehicle 3 25 collision resulting in injury or death, the peace officer may3 26request the operator to provide a sample of the operator's3 27breath for a preliminary screening test using a device3 28approved by the commissioner of public safety for that3 29purpose. 3 30 2. The results of this preliminary screening test may be 3 31 used for the purpose of deciding whether an arrest should be 3 32 madeandor whether to request a chemical test authorized in 3 33 this chapter, but shall not be used in any court action except 3 34 to prove that a chemical test was properly requested of a 3 35 person pursuant to this chapter. 4 1 Sec. 6. Section 321J.6, subsection 1, unnumbered paragraph 4 2 1, Code 1995, is amended to read as follows: 4 3 A person who operates a motor vehicle in this state under 4 4 circumstances which give reasonable grounds to believe that 4 5 the person has been operating a motor vehicle in violation of 4 6 section 321J.2 or 321J.2A is deemed to have given consent to 4 7 the withdrawal of specimens of the person's blood, breath, or 4 8 urine and to a chemical test or tests of the specimens for the 4 9 purpose of determining the alcohol concentration or presence 4 10 of drugs, subject to this section. The withdrawal of the body 4 11 substances and the test or tests shall be administered at the 4 12 written request of a peace officer having reasonable grounds 4 13 to believe that the person was operating a motor vehicle in 4 14 violation of section 321J.2 or 321J.2A, and if any of the 4 15 following conditions exist: 4 16 Sec. 7. Section 321J.6, subsection 1, Code 1995, is 4 17 amended by adding the following new paragraph: 4 18 NEW PARAGRAPH. g. The preliminary breath screening test 4 19 was administered and it indicated an alcohol concentration of 4 20 .02 or more but less than .10 and the person is under the age 4 21 of twenty-one. 4 22 Sec. 8. Section 321J.8, subsection 2, Code 1995, is 4 23 amended to read as follows: 4 24 2. If the person submits to the test and the results 4 25 indicate an alcohol concentration as defined in section 321J.1 4 26 of .10 or more, or the person is under the age of nineteen and 4 27 the results indicate an alcohol concentration of .02 or more, 4 28 but less than .10, the person's license or operating privilege 4 29 will be revoked by the department for the applicable period 4 30 under section 321J.12. 4 31 Sec. 9. Section 321J.9, Code 1995, is amended to read as 4 32 follows: 4 33 321J.9 REFUSAL TO SUBMIT &endash; REVOCATION. 4 34 1. If a person refuses to submit to the chemical testing, 4 35 a test shall not be given, but the department, upon the 5 1 receipt of the peace officer's certification, subject to 5 2 penalty for perjury, that the officer had reasonable grounds 5 3 to believe the person to have been operating a motor vehicle 5 4 in violation of section 321J.2 or 321J.2A, that specified 5 5 conditions existed for chemical testing pursuant to section 5 6 321J.6, and that the person refused to submit to the chemical 5 7 testing, shall revoke the person's motor vehicle license and 5 8 any nonresident operating privilege for a period of two 5 9 hundred forty days if the person has no previous revocation 5 10 within the previous six years under this chapter;and five 5 11 hundred forty days if the person has one or more previous 5 12 revocations within the previous six years under this chapter;5 13or if. If the person is a resident without a license or 5 14 permit to operate a motor vehicle in this state, the 5 15 department shall deny to the person the issuance of a license 5 16 or permit for the same period a license or permit would be 5 17 revoked, subject to review as provided in this chapter. 5 18 2. The effective date of revocation shall be twenty days 5 19 after the department has mailed notice of revocation to the 5 20 person by certified mail or, on behalf of the department, a 5 21 peace officer offering or directing the administration of a 5 22 chemical test may serve immediate notice of intention to 5 23 revoke and of revocation on a person who refuses to permit 5 24 chemical testing. If the peace officer serves that immediate 5 25 notice, the peace officer shall take the Iowa license or 5 26 permit of the driver, if any, and issue a temporary license 5 27 effective for only twenty days. The peace officer shall 5 28 immediately send the person's license to the department along 5 29 with the officer's certificate indicating the person's refusal 5 30 to submit to chemical testing. 5 31 Sec. 10. Section 321J.12, Code 1995, is amended to read as 5 32 follows: 5 33 321J.12 TEST RESULT REVOCATION. 5 34 1. Upon certification, subject to penalty for perjury, by 5 35 the peace officer that there existed reasonable grounds to 6 1 believe that the person had been operating a motor vehicle in 6 2 violation of section 321J.2, that there existed one or more of 6 3 the necessary conditions for chemical testing described in 6 4 section 321J.6, subsection 1, and that the person submitted to 6 5 chemical testing and the test results indicated an alcohol 6 6 concentration as defined in section 321J.1 of .10 or more, the 6 7 department shall revoke the person's motor vehicle license or 6 8 nonresident operating privilege for a period of one hundred 6 9 eighty days if the person has had no revocation within the 6 10 previous six years under this chapter, and one year if the 6 11 person has had one or more previous revocations within the 6 12 previous six years under this chapter. 6 13 The effective date of the revocation shall be twenty days 6 14 after the department has mailed notice of revocation to the 6 15 person by certified mail. The peace officer who requested or 6 16 directed the administration of the chemical test may, on 6 17 behalf of the department, serve immediate notice of revocation 6 18 on a person whose test results indicated an alcohol 6 19 concentration of .10 or more. 6 20 If the peace officer serves that immediate notice, the 6 21 peace officer shall take the person's Iowa license or permit, 6 22 if any, and issue a temporary license valid only for twenty 6 23 days. The peace officer shall immediately send the person's 6 24 driver's license to the department along with the officer's 6 25 certificate indicating that the test results indicated an 6 26 alcohol concentration of .10 or more. 6 27 2. Upon certification, subject to penalty of perjury, by 6 28 the peace officer that there existed reasonable grounds to 6 29 believe that the person had been operating a motor vehicle in 6 30 violation of section 321J.2A, that there existed one or more 6 31 of the necessary conditions for chemical testing described in 6 32 section 321J.6, subsection 1, and that the person submitted to 6 33 chemical testing and the test results indicated an alcohol 6 34 concentration as defined in section 321J.1 of .02 or more but 6 35 less than .10, the department shall revoke the person's motor 7 1 vehicle license or operating privilege for a period of thirty 7 2 days if the person has had no revocations within the previous 7 3 six years under section 321J.2A, and for a period of ninety 7 4 days if the person has had one or more previous revocations 7 5 within the previous six years under section 321J.2A. 7 6 3. The results of a chemical test may not be used as the 7 7 basis for a revocation of a person's motor vehicle license or 7 8 nonresident operating privilege if the alcohol concentration 7 9 indicated by the chemical test minus the established margin of 7 10 error inherent in the device or method used to conduct the 7 11 chemical test does not equal an alcohol concentration of .10 7 12 or more for violations under section 321J.2 or of .02 or more 7 13 for violations of section 321J.2A. 7 14 Sec. 11. Section 321J.13, subsections 2 through 5, Code 7 15 1995, are amended to read as follows: 7 16 2. The department shall grant the person an opportunity to 7 17 be heard within forty-five days of receipt of a request for a 7 18 hearing if the request is made not later than thirty days 7 19 after receipt of notice of revocation served pursuant to 7 20 section 321J.9 or 321J.12. The hearing shall be before the 7 21 department in the county where the alleged events occurred, 7 22 unless the director and the person agree that the hearing may 7 23 be held in some other county, or the hearing may be held by 7 24 telephone conference at the discretion of the agency 7 25 conducting the hearing. The hearing may be recorded and its 7 26 scope shall be limited to the issues of whether a peace 7 27 officer had reasonable grounds to believe that the person was 7 28 operating a motor vehicle in violation of section 321J.2 or 7 29 321J.2A and either of the following: 7 30 a. Whether the person refused to submit to the test or 7 31 tests. 7 32 b. Whether a test was administered and the test results 7 33 indicated an alcohol concentration as defined in section 7 34 321J.1 of .10 or more or whether a test was administered and 7 35 the test results indicated an alcohol concentration as defined 8 1 in section 321J.1 of .02 or more pursuant to section 321J.2A. 8 2 3. After the hearing the department shall order that the 8 3 revocation be either rescinded or sustained. If the 8 4 revocation is sustained, the administrative law judge who 8 5 conducted the hearing may issue a temporary restricted license 8 6 to the person whose motor vehicle license or operating 8 7 privilege was revoked. However, a temporary restricted 8 8 license shall not be issued for a violation of section 321J.2A 8 9 or to persons who are under the age of nineteen and who commit 8 10 violations under section 321J.2. Upon receipt of the decision 8 11 of the department to sustain a revocation, the person 8 12 contesting the revocation has ten days to file a request for 8 13 review of the decision by the director. The director or the 8 14 director's designee shall review the decision within fifteen 8 15 days and shall either rescind or sustain the revocation or 8 16 order a new hearing. If the director orders a new hearing, 8 17 the department shall grant the person a new hearing within 8 18 thirty days of the director's order. 8 19 4. A person whose motor vehicle license or operating 8 20 privilege has been or is being revoked under section 321J.9 or 8 21 321J.12 may reopen a department hearing on the revocation if 8 22 the person submits a petition stating that new evidence has 8 23 been discovered which provides grounds for rescission of the 8 24 revocation, or prevail at the hearing to rescind the 8 25 revocation, if the person submits a petition stating that a 8 26 criminal action on a charge of a violation of section 321J.2 8 27 filed as a result of the same circumstances which resulted in 8 28 the revocation has resulted in a decision in which the court 8 29 has held that the peace officer did not have reasonable 8 30 grounds to believe that a violation of section 321J.2 or 8 31 321J.2A had occurred to support a request for or to administer 8 32 a chemical test or which has held the chemical test to be 8 33 otherwise inadmissible or invalid. Such a decision by the 8 34 court is binding on the department and the department shall 8 35 rescind the revocation. 9 1 5. The department shall stay the revocation of a person's 9 2 motor vehicle license or operating privilege for the period 9 3 that the person is contesting the revocation under this 9 4 section or section 321J.14 if it is shown to the satisfaction 9 5 of the department that the new evidence is material and that 9 6 there were valid reasons for failure to present it in the 9 7 contested case proceeding before the department. However, a 9 8 stay shall not be granted for violations of section 321J.2A. 9 9 Sec. 12. Section 321J.15, Code 1995, is amended to read as 9 10 follows: 9 11 321J.15 EVIDENCE IN ANY ACTION. 9 12 Upon the trial of a civil or criminal action or proceeding 9 13 arising out of acts alleged to have been committed by a person 9 14 while operating a motor vehicle in violation of section 321J.2 9 15 or 321J.2A, evidence of the alcohol concentration or the 9 16 presence of drugs in the person's body substances at the time 9 17 of the act alleged as shown by a chemical analysis of the 9 18 person's blood, breath, or urine is admissible. If it is 9 19 established at trial that an analysis of a breath specimen was 9 20 performed by a certified operator using a device and methods 9 21 approved by the commissioner of public safety, no further 9 22 foundation is necessary for introduction of the evidence. 9 23 Sec. 13. Section 321J.16, Code 1995, is amended to read as 9 24 follows: 9 25 321J.16 PROOF OF REFUSAL ADMISSIBLE. 9 26 If a person refuses to submit to a chemical test, proof of 9 27 refusal is admissible in any civil or criminal action or 9 28 proceeding arising out of acts alleged to have been committed 9 29 while the person was operating a motor vehicle in violation of 9 30 section 321J.2 or 321J.2A. 9 31 Sec. 14. Section 321J.20, subsection 2, Code 1995, is 9 32 amended to read as follows: 9 33 2. This section does not apply to a person whose license 9 34 was revoked under section 321J.2A or section 321J.4, 9 35 subsection 3 or 5, or to a person whose license is suspended 10 1 or revoked for another reason. 10 2 EXPLANATION 10 3 This bill provides for the administrative revocation of the 10 4 motor vehicle license or nonresident operating privileges of 10 5 persons under the age of 19 who are found to be operating a 10 6 motor vehicle while having an alcohol concentration level of 10 7 .02 or greater, but less than .10. The revocations are for 30 10 8 days for a first offense and 90 days for a second or 10 9 subsequent offense. Under the bill, once the period of 10 10 revocation ends the individual is not subject to the motor 10 11 vehicle financial responsibility provisions, but if the person 10 12 drives while the person's license is revoked, criminal 10 13 penalties will apply. A person whose license or operating 10 14 privilege is revoked under the new provisions is required to 10 15 pay the civil penalty to regain the person's license or 10 16 privilege. The implied consent provisions and the two-hour 10 17 limitation on chemical test results do apply to the requests 10 18 for chemical testing under the .02 standard. Under the bill, 10 19 persons whose licenses are revoked for being over the .02 10 20 level are not eligible to receive temporary restricted 10 21 licenses during the period of revocation. Provision is made 10 22 for destruction of records relating to the revocation under 10 23 the new provisions after the revocation is twelve years old. 10 24 LSB 1064HV 76 10 25 lh/jj/8
Text: HF00342 Text: HF00344 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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