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Text: SF00026                           Text: SF00028
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Senate File 27

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 1, unnumbered para-
  1  2 graph 1, Code 1995, is amended to read as follows:
  1  3    A person commits the offense of operating while intoxicated
  1  4 if the person operates a motor vehicle in this state in either
  1  5 any of the following conditions:
  1  6    Sec. 2.  Section 321J.2, subsection 1, Code 1995, is
  1  7 amended by adding the following new paragraph:
  1  8    NEW PARAGRAPH.  c.  While under the influence of any sub-
  1  9 stance which impairs the mental or physical faculties of the
  1 10 person to a degree which impairs the person's ability to
  1 11 operate a motor vehicle.  
  1 12                           EXPLANATION
  1 13    The bill expands the definition of operating while
  1 14 intoxicated (OWI) to include operating a motor vehicle while
  1 15 under the influence of any substance which impairs the mental
  1 16 or physical faculties of the person to a degree which impairs
  1 17 the person's ability to operate a motor vehicle.  Current
  1 18 statutory law applies to operating while under the influence
  1 19 of alcoholic beverages, drugs, or some combination of these
  1 20 substances.  In State v. Bond the Iowa supreme court expressed
  1 21 the opinion that the general assembly intended to prohibit the
  1 22 operation of a motor vehicle by an individual while that
  1 23 individual is under the influence of any substance that
  1 24 affects the body so as to impair the individual's ability to
  1 25 operate a motor vehicle.  The bill is intended to codify the
  1 26 substance of the court's opinion.  The bill does not alter the
  1 27 exemption for use of prescription drugs provided in section
  1 28 321J.2, subsection 6.  
  1 29 LSB 1375XS 76
  1 30 lh/jw/5
     
Text: SF00026                           Text: SF00028
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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