Text: S05198 Text: S05200 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN
1 1 Amend Senate File 2186 as follows:
1 2 #1. Page 6, by inserting after line 20 the
1 3 following:
1 4 "Sec. . Section 321J.4, subsection 7, Code
1 5 Supplement 1995, is amended to read as follows:
1 6 7. On a conviction for or as a condition of a
1 7 deferred judgment for a violation of section 321J.2,
1 8 the court may order the defendant to install ignition
1 9 interlock devices of a type approved by the
1 10 commissioner of public safety on all motor vehicles
1 11 owned or operated by the defendant which, without
1 12 tampering or the intervention of another person, would
1 13 prevent the defendant from operating the motor vehicle
1 14 with an alcohol concentration greater than a level set
1 15 by rule of the commissioner of public safety. The
1 16 commissioner of public safety shall adopt rules to
1 17 approve certain ignition interlock devices and the
1 18 means of installation of the devices, and shall
1 19 establish the level of alcohol concentration beyond
1 20 which an ignition interlock device will not allow
1 21 operation of the motor vehicle in which it is
1 22 installed. The order shall remain in effect for a
1 23 period of time as determined by the court which shall
1 24 not exceed the maximum term of imprisonment which the
1 25 court could have imposed according to the nature of
1 26 the violation. While the order is in effect, the
1 27 defendant shall not operate a motor vehicle which does
1 28 not have an approved ignition interlock device
1 29 installed. If the defendant's motor vehicle license
1 30 or nonresident operating privilege has been revoked,
1 31 the department shall not issue a temporary permit or a
1 32 motor vehicle license to the person without
1 33 certification that approved ignition interlock devices
1 34 have been installed in all motor vehicles owned or
1 35 operated by the defendant while the order is in
1 36 effect. A defendant who fails within a reasonable
1 37 time to comply with an order to install an approved
1 38 ignition interlock device may be declared in contempt
1 39 of court and punished accordingly. The department
1 40 shall not reinstate a person's motor vehicle license
1 41 without certification of removal of the ignition
1 42 interlock device from the motor vehicle. The
1 43 certification of removal shall be issued by the
1 44 manufacturer or installer and shall indicate that the
1 45 device has been returned intact to the manufacturer or
1 46 installer and that the device has not been tampered
1 47 with. A person who tampers with or circumvents an
1 48 ignition interlock device installed under a court
1 49 order while an order is in effect commits a serious
1 50 misdemeanor."
2 1 #2. By renumbering as necessary.
2 2
2 3
2 4
2 5 RICHARD F. DRAKE
2 6 DON GETTINGS
2 7 SF 2186.501 76
2 8 js/jw
Text: S05198 Text: S05200 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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