Text: S03488 Text: S03490 Text: S03400 - S03499 Text: S 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 1, by striking lines 1 through 15. 1 4 #2. Page 3, by striking lines 14 through 17 and 1 5 inserting the following: "whichever occurs later. A 1 6 license to". 1 7 #3. Page 3, by striking lines 34 and 35. 1 8 #4. Page 4, line 1, by striking the word and 1 9 figure "subsection 2". 1 10 #5. Page 4, by inserting after line 2 the 1 11 following: 1 12 "Sec. . Section 321J.4B, subsection 12, as 1 13 enacted by 1995 Iowa Acts, Senate File 446, is amended 1 14 to read as follows: 1 15 12. Operating a motor vehicle on a street or 1 16 highway in this state in violation of an order of 1 17 impoundment or immobilization is a serious 1 18 misdemeanor. A motor vehicle which is subject to an 1 19 order of impoundment or immobilization that is 1 20 operated on a street or highway in this stateduring1 21the period of impoundment or immobilizationin 1 22 violation of the order shall be seized and forfeited 1 23 to the state under chapter 809." 1 24 #6. Page 4, lines 13 and 14, by striking the words 1 25 "temporary restricted license shall not be issued or1 26a" and inserting the following: "temporary restricted 1 27 license shall not be issued or a". 1 28 #7. Page 4, by inserting after line 16 the 1 29 following: 1 30 "Sec. . Section 321J.20, Code 1995, is amended 1 31 by adding the following new subsection: 1 32 NEW SUBSECTION. 6. Following the minimum period 1 33 of ineligibility, a temporary restricted license under 1 34 this section shall not be issued until such time as 1 35 the applicant installs an ignition interlock device of 1 36 a type approved by the commissioner of public safety 1 37 on all motor vehicles owned or operated by the 1 38 applicant, in accordance with section 321J.4, 1 39 subsection 7. Installation of an ignition interlock 1 40 device under this section shall be required for the 1 41 period of time for which the temporary restricted 1 42 license is issued, but no longer than one year, unless 1 43 the court order under section 321J.4, subsection 7, 1 44 provides for a longer period of time." 1 45 #8. Page 4, by inserting after line 16 the 1 46 following: 1 47 "Sec. . NEW SECTION. 321J.24A YOUTHFUL 1 48 OFFENDER SUBSTANCE ABUSE AWARENESS PROGRAM. 1 49 1. As used in this section, unless the context 1 50 otherwise requires: 2 1 a. "Participant" means a person whose motor 2 2 vehicle license or operating privilege has been 2 3 revoked for a violation of section 321J.2A, if enacted 2 4 by 1995 Iowa Acts, Senate File 446. 2 5 b. "Program" means a substance abuse awareness 2 6 program provided under a contract entered into between 2 7 the provider and the commission on substance abuse of 2 8 the Iowa department of public health under chapter 2 9 125. 2 10 c. "Program coordinator" means a person assigned 2 11 the duty to coordinate a participant's activities in a 2 12 program by the program provider. 2 13 2. A substance abuse awareness program is 2 14 established in each of the regions established by the 2 15 commission on substance abuse. The program shall 2 16 consist of an insight class and a substance abuse 2 17 evaluation, which shall be attended by the 2 18 participant, to discuss issues related to the 2 19 potential consequences of substance abuse. The parent 2 20 or parents of the participant shall also be encouraged 2 21 to participate in the program. The program provider 2 22 shall consult with the participant or the parents of 2 23 the participant in the program to determine the timing 2 24 and appropriate level of participation for the 2 25 participant and any participation by the participant's 2 26 parents. The program may also include a supervised 2 27 educational tour by the participant to any or all of 2 28 the following: 2 29 a. A hospital or other emergency medical care 2 30 facility which regularly receives victims of motor 2 31 vehicle accidents, to observe treatment of appropriate 2 32 victims of motor vehicle accidents involving 2 33 intoxicated drivers, under the supervision of a 2 34 registered nurse, physician, paramedic, or emergency 2 35 medical technician. 2 36 b. A facility for the treatment of chemical 2 37 substance abuse as defined in section 125.2, under the 2 38 supervision of appropriately licensed medical 2 39 personnel. 2 40 c. If approved by the state or county medical 2 41 examiner, a morgue or a similar facility to receive 2 42 appropriate educational material and instruction 2 43 concerning damage caused by the consumption of alcohol 2 44 or other drugs, under the supervision of the county 2 45 medical examiner or deputy medical examiner. 2 46 3. If the program includes a tour, the program 2 47 coordinator shall explain and discuss the experiences 2 48 which may be encountered during the tour to the 2 49 participant. If the program coordinator determines at 2 50 any time before or during a tour that the tour may be 3 1 traumatic or otherwise inappropriate for the 3 2 participant, the program coordinator shall terminate 3 3 the tour without prejudice to the participant. 3 4 4. Upon the revocation of the motor vehicle 3 5 license or operating privileges of a person who is 3 6 fourteen years of age or older for a violation of 3 7 section 321J.2A, if enacted, if the person has had no 3 8 previous revocations under either section 321J.2 or 3 9 section 321J.2A, if enacted, a person may participate 3 10 in the substance abuse awareness program. The state 3 11 department of transportation shall notify a potential 3 12 program participant of the possibility and potential 3 13 benefits of attending a program and shall notify a 3 14 potential program participant of the availability 3 15 programs which exist in the area in which the person 3 16 resides. The state department of transportation shall 3 17 consult with the Iowa department of public health to 3 18 determine what programs are available in various areas 3 19 of the state. The period of revocation for a person 3 20 whose motor vehicle license or operating privilege has 3 21 been revoked under section 321J.2A, if enacted, shall 3 22 be reduced by fifty percent upon receipt by the state 3 23 department of transportation of a certification by a 3 24 program provider that the person has completed a 3 25 program. 3 26 5. Program providers and facilities toured during 3 27 the program are not liable for any civil damages 3 28 resulting from injury to the participant, or civil 3 29 damages caused by the participant during or from any 3 30 activities related to a tour, except for willful or 3 31 grossly negligent acts intended to, or reasonably 3 32 expected to result in, such injury or damage. 3 33 6. The program provider shall determine fees to be 3 34 paid by participants in the program. The program fees 3 35 shall be paid on a sliding scale, based upon the 3 36 ability of a participant and a participant's family to 3 37 pay the fees, and shall not exceed one hundred dollars 3 38 per participant. The program provider shall use the 3 39 fees to pay all costs associated with the program." 3 40 #9. Page 5, by inserting after line 1 the 3 41 following: 3 42 "Sec. . Section 321J.12, subsection 5, as 3 43 enacted by 1995 Iowa Acts, Senate File 446, is amended 3 44 to read as follows: 3 45 5. Upon certification, subject to penalty of 3 46 perjury, by the peace officer that there existed 3 47 reasonable grounds to believe that the person had been 3 48 operating a motor vehicle in violation of section 3 49 321J.2A, that there existed one or more of the 3 50 necessary conditions for chemical testing described in 4 1 section 321J.6, subsection 1, and that the person 4 2 submitted to chemical testing and the test results 4 3 indicated an alcohol concentration as defined in 4 4 section 321J.1 of .02 or more but less than .10, the 4 5 department shall revoke the person's motor vehicle 4 6 license or operating privilege for a period ofthirty4 7 sixty days if the person has had no revocations within 4 8 the previous six years under section 321J.2A, and for 4 9 a period of ninety days if the person has had one or 4 10 more previous revocations within the previous six 4 11 years under section 321J.2A." 4 12 #10. Title page, line 1, by striking the word 4 13 "habitual" and inserting the following: "certain". 4 14 #11. Title page, line 3, by inserting after the 4 15 word "status," the following: "providing for a 4 16 youthful offender substance abuse awareness program,". 4 17 #12. Title page, line 3, by inserting after the 4 18 word "status," the following: "requiring ignition 4 19 interlock devices for temporary restricted licenses,". 4 20 #13. Title page, line 3, by inserting after the 4 21 word "status," the following: "providing penalties,". 4 22 #14. By renumbering, relettering, or redesignating 4 23 and correcting internal references as necessary. 4 24 SF 358H 4 25 lh/pk/25
Text: S03488 Text: S03490 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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