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PAG LIN 1 1 Section 1. Section 123.28, unnumbered paragraph 2, Code 1 2 1995, is amended by striking the unnumbered paragraph. 1 3 Sec. 2. Section 321.12, Code 1995, is amended by adding 1 4 the following new unnumbered paragraph: 1 5 NEW UNNUMBERED PARAGRAPH. The director shall destroy any 1 6 operating records pertaining to revocations for violations of 1 7 section 321J.2A which are more than twelve years old. The 1 8 twelve-year period shall commence with the date the revocation 1 9 of the person's operating privileges becomes effective. This 1 10 paragraph shall not apply to records of revocations which 1 11 pertain to violations of section 321J.2A by persons operating 1 12 a commercial motor vehicle. 1 13 Sec. 3. Section 321.89, subsection 1, paragraph b, Code 1 14 1995, is amended by adding the following new subparagraph: 1 15 NEW SUBPARAGRAPH. (6) A vehicle that has been impounded 1 16 pursuant to section 321J.4B by order of the court and whose 1 17 owner has not paid the impoundment fees after notification by 1 18 the person or agency responsible for carrying out the 1 19 impoundment order. 1 20 Sec. 4. Section 321.218, subsection 1, Code 1995, is 1 21 amended to read as follows: 1 22 1. A person whose motor vehicle license or operating 1 23 privilege has been denied, canceled, suspended, or revoked as 1 24 provided in this chapter, and who operates a motor vehicle 1 25 upon the highways of this state while the license or privilege 1 26 is denied, canceled, suspended, or revoked, commits asimple1 27 serious misdemeanor. 1 28 Sec. 5. NEW SECTION. 321.284 OPEN CONTAINERS IN MOTOR 1 29 VEHICLES. 1 30 A person driving a motor vehicle shall not knowingly 1 31 possess in a motor vehicle upon a public street or highway an 1 32 open or unsealed bottle, can, jar, or other receptacle 1 33 containing an alcoholic beverage, wine, or beer with the 1 34 intent to consume the alcoholic beverage, wine, or beer while 1 35 the motor vehicle is upon a public street or highway. 2 1 Evidence that an open or unsealed receptacle containing an 2 2 alcoholic beverage, wine, or beer was found during an 2 3 authorized search in the glove compartment, utility 2 4 compartment, console, front passenger seat, or any unlocked 2 5 portable device and within the immediate reach of the driver 2 6 while the motor vehicle is upon a public street or highway is 2 7 evidence from which the court or jury may infer that the 2 8 driver intended to consume the alcoholic beverage, wine, or 2 9 beer while upon the public street or highway if the inference 2 10 is supported by corroborative evidence. However, an open or 2 11 unsealed receptacle containing an alcoholic beverage, wine, or 2 12 beer may be transported at any time in the trunk of the motor 2 13 vehicle or in some other area of the interior of the motor 2 14 vehicle not designed or intended to be occupied by the driver 2 15 and not readily accessible to the driver while the motor 2 16 vehicle is in motion. A person convicted of a violation of 2 17 this paragraph is guilty of a simple misdemeanor punishable as 2 18 a scheduled violation under section 805.8, subsection 10, 2 19 paragraph "c". 2 20 Sec. 6. Section 321A.17, subsection 5, Code 1995, is 2 21 amended to read as follows: 2 22 5. An individual applying for a motor vehicle license 2 23 following a period of suspension or revocation under section 2 24 321.209, subsection 8, section 321.210, subsection 1, 2 25 paragraph "d", or section 321.210A, 321.213B, 321.216B, or 2 26 321.513,orfollowing a period of suspension under section 2 27 321.194, or following a period of revocation under section 2 28 321J.2A, is not required to maintain proof of financial 2 29 responsibility under this section. 2 30 Sec. 7. NEW SECTION. 321J.2A PERSONS UNDER THE AGE OF 2 31 TWENTY-ONE. 2 32 A person who is under the age of twenty-one shall not 2 33 operate a motor vehicle while having an alcohol concentration, 2 34 as defined under section 321J.1, of .02 or more. The motor 2 35 vehicle license or nonresident operating privilege of a person 3 1 who is under the age of twenty-one and who operates a motor 3 2 vehicle while having an alcohol concentration of .02 or more 3 3 shall be revoked by the department for the period of time 3 4 specified under section 321J.12. A revocation under this 3 5 section shall not preclude a prosecution or conviction under 3 6 any applicable criminal provisions of this chapter. However, 3 7 if the person is convicted of a criminal offense under section 3 8 321J.2, the revocation imposed under this section shall be 3 9 superseded by any revocation imposed as a result of the 3 10 conviction. 3 11 In any proceeding regarding a revocation under this 3 12 section, evidence of the results of analysis of a specimen of 3 13 the defendant's blood, breath, or urine is admissible upon 3 14 proof of a proper foundation. The alcohol concentration 3 15 established by the results of an analysis of a specimen of the 3 16 defendant's blood, breath, or urine withdrawn within two hours 3 17 after the defendant was driving or in physical control of a 3 18 motor vehicle is presumed to be the alcohol concentration at 3 19 the time of driving or being in physical control of the motor 3 20 vehicle. 3 21 Sec. 8. Section 321J.4, subsections 1 and 2, Code 1995, 3 22 are amended to read as follows: 3 23 1. If a defendant is convicted of a violation of section 3 24 321J.2 and the defendant's motor vehicle license or 3 25 nonresident operating privilege has not been revoked under 3 26 section 321J.9 or 321J.12 for the occurrence from which the 3 27 arrest arose, the department shall revoke the defendant's 3 28 motor vehicle license or nonresident operating privilege for 3 29 one hundred eighty days if the defendant has had no previous 3 30 convictionunder section 321J.2or revocation undersection3 31321J.9 or 321J.12this chapter within the previous six years 3 32 and the defendant shall not be eligible for any temporary 3 33 restricted license for at least thirty days after the 3 34 effective date of the revocation if a test was obtained, and 3 35 for at least ninety days if a test was refused. 4 1 If a defendant is convicted of a violation of section 4 2 321J.2, and the defendant's motor vehicle license or 4 3 nonresident operating privilege has not already been revoked 4 4 under section 321J.9 or 321J.12 for the occurrence from which 4 5 the arrest arose, the department shall revoke the defendant's 4 6 motor vehicle license or nonresident operating privilege for 4 7 one year if the defendant has had one or more previous 4 8 convictions or revocations underthose sectionsthis chapter 4 9 within the previous six years. The defendant shall not be 4 10 eligible for any temporary restricted license during the 4 11 entire one year revocation period. 4 12 2. If the court defers judgment pursuant to section 907.3 4 13 for a violation of section 321J.2, and if the defendant's 4 14 motor vehicle license or nonresident operating privilege has 4 15 not been revoked under section 321J.9 or 321J.12, or has not 4 16 otherwise been revoked for the occurrence from which the 4 17 arrest arose, the court shall order the department to revoke 4 18 the defendant's motor vehicle license or nonresident operating 4 19 privilege for a period of not less than thirty days nor more 4 20 than ninety daysif the defendant's motor vehicle license or4 21nonresident operating privilege has not been revoked under4 22section 321J.9 or 321J.12 or has not otherwise been revoked4 23for the occurrence from which the arrest arose. The defendant 4 24 shall not be eligible for any temporary restricted license for 4 25 at least thirty days after the effective date of the 4 26 revocation if a test was obtained and for at least ninety days 4 27 if a test was refused. The court shall immediately require 4 28 the defendant to surrender to it all Iowa licenses or permits 4 29 held by the defendant, which the court shall forward to the 4 30 department with a copy of the order deferring judgment. 4 31 Sec. 9. Section 321J.4, subsection 3, paragraph a, Code 4 32 1995, is amended to read as follows: 4 33 a. Upon a plea or verdict of guilty of a third or 4 34 subsequent violation of section 321J.2, the court shall order 4 35 the department to revoke the defendant's motor vehicle license 5 1 or nonresident operating privilege for a period of six years. 5 2 The defendant shall not be eligible for a temporary restricted 5 3 license for at least one year after the effective date of the 5 4 revocation. The court shall require the defendant to 5 5 surrender to it all Iowa licenses or permits held by the 5 6 defendant, which the court shall forward to the department 5 7 with a copy of the order for revocation. 5 8 Sec. 10. Section 321J.4, subsections 4, 5, and 8, Code 5 9 1995, are amended to read as follows: 5 10 4. Upon a plea or verdict of guilty of a violation of 5 11 section 321J.2 which involved a personal injury, the court 5 12 shall determine in open court, from consideration of the 5 13 information in the file and any other evidence the parties may 5 14 submit, whether a serious injury was sustained by any person 5 15 other than the defendant and, if so, whether the defendant's 5 16 conduct in violation of section 321J.2 caused the serious 5 17 injury. If the court so determines, the court shall order the 5 18 department to revoke the defendant's motor vehicle license or 5 19 nonresident operating privilege for a period of one year in 5 20 addition to any other period of suspension or revocation. The 5 21 defendant shall not be eligible for any temporary restricted 5 22 license until the minimum period of ineligibility has expired 5 23 under section 321J.4, 321J.9, 321J.12, or 321J.20. The 5 24 defendant shall surrender to the court any Iowa license or 5 25 permit and the court shall forward it to the department with a 5 26 copy of the order for revocation. 5 27 5. Upon a plea or verdict of guilty of a violation of 5 28 section 321J.2 which involved a death, the court shall 5 29 determine in open court, from consideration of the information 5 30 in the file and any other evidence the parties may submit, 5 31 whether a death occurred and, if so, whether the defendant's 5 32 conduct in violation of section 321J.2 caused the death. If 5 33 the court so determines, the court shall order the department 5 34 to revoke the defendant's motor vehicle license or nonresident 5 35 operating privilege for a period of six years. The defendant 6 1 shall not be eligible for any temporary restricted license 6 2 until the minimum period of ineligibility has expired under 6 3 section 321J.4, 321J.9, 321J.12, or 321J.20. The defendant 6 4 shall surrender to the court any Iowa license or permit and 6 5 the court shall forward it to the department with a copy of 6 6 the order for revocation. 6 7 8. A person whose motor vehicle license has either been 6 8 revoked under this chapter, or revoked or suspended under 6 9 chapter 321 solely for violations of this chapter, or who has 6 10 been determined to be a habitual offender under chapter 321 6 11 based solely on violations of this chapter, and who is not 6 12 eligible for a temporary restricted license under this chapter 6 13 may petition the court upon the expiration of the minimum 6 14 period of ineligibility for a temporary restricted license 6 15 provided for under section 321J.4, 321J.9, 321J.12, or 321J.20 6 16 for an order to the department to require the department to 6 17 issue a temporary restricted license to the person 6 18 notwithstanding section 321.560. Upon the filing of a 6 19 petition for a temporary restricted license under this 6 20 section, the clerk of the district court in the county where 6 21 the violation that resulted in the revocation occurred shall 6 22 send notice of the petition to the department and the 6 23 prosecuting attorney. The department and the prosecuting 6 24 attorney shall each be given an opportunity to respond to and 6 25 request a hearing on the petition. The court shall determine 6 26 if the temporary restricted license is necessary for the 6 27 person to maintain the person's present employment. However, 6 28 a temporary restricted license shall not be ordered or issued 6 29 for violations of section 321J.2A or to persons under the age 6 30 of twenty-one who commit violations under section 321J.2. If 6 31 the court determines that the temporary restricted license is 6 32 necessary for the person to maintain the person's present 6 33 employment, and that the minimum period of ineligibility for 6 34 receipt of a temporary license has expired, the court shall 6 35 order the department to issue to the person a temporary 7 1 restricted license conditioned upon the person's certification 7 2 to the court of the installation of approved ignition 7 3 interlock devices in all motor vehicles that it is necessary 7 4 for the person to operate to maintain the person's present 7 5 employment. Section 321.561 does not apply to a person 7 6 operating a motor vehicle in the manner permitted under this 7 7 subsection. If the person operates a motor vehicle which does 7 8 not have an approved ignition interlock device or if the 7 9 person tampers with or circumvents an ignition interlock 7 10 device, in addition to other penalties provided, the person's 7 11 temporary restricted license shall be revoked. A person 7 12 holding a temporary restricted license issued under this 7 13 subsection shall not operate a commercial motor vehicle, as 7 14 defined in section 321.1, on a highway if a commercial 7 15 driver's license is required for the person to operate the 7 16 commercial motor vehicle. 7 17 Sec. 11. NEW SECTION. 321J.4B MOTOR VEHICLE IMPOUNDMENT 7 18 OR IMMOBILIZATION &endash; PENALTY. 7 19 1. If a person is convicted of a second, third, or 7 20 subsequent offense of operating while intoxicated, the court 7 21 shall order that any motor vehicles owned by the person and 7 22 used to commit the offense and any other motor vehicles used 7 23 by the person in the commission of the offense be impounded or 7 24 immobilized. For purposes of this section, "immobilized" 7 25 means the installation of a device that completely prevents a 7 26 motor vehicle from being operated, or the installation of an 7 27 ignition interlock device, of a type approved by the 7 28 commissioner of public safety, in a motor vehicle. 7 29 2. The order shall specify all of the following: 7 30 a. The motor vehicles that are subject to the order. 7 31 b. The period of impoundment or immobilization. 7 32 c. The person or agency responsible for carrying out the 7 33 order requiring impoundment or immobilization of the motor 7 34 vehicle. If a vehicle which is to be impounded or immobilized 7 35 is in the custody of a law enforcement agency, the court shall 8 1 designate that agency as the responsible agency. If the 8 2 vehicle is not in the custody of a law enforcement agency, the 8 3 person or agency responsible for carrying out the order shall 8 4 be any person deemed appropriate by the court, including but 8 5 not limited to a law enforcement agency with jurisdiction over 8 6 the area in which the residence of the vehicle owner is 8 7 located. The person or agency responsible for carrying out 8 8 the order shall determine whether the motor vehicle shall be 8 9 impounded or immobilized. 8 10 3. The period of impoundment or immobilization of a motor 8 11 vehicle under this section shall be the period of license 8 12 revocation imposed upon the person convicted of the offense or 8 13 one hundred eighty days, whichever period is longer. The 8 14 impoundment or immobilization period shall commence on the day 8 15 that the vehicle is actually impounded or immobilized. 8 16 4. The clerk of the district court shall send a copy of 8 17 the order to the department, the person convicted of the 8 18 offense, the motor vehicle owner if the owner is not the 8 19 person convicted, and the person or agency responsible for 8 20 executing the order for impoundment or immobilization. 8 21 5. If the vehicle to be impounded or immobilized is in the 8 22 custody of a law enforcement agency, the agency shall 8 23 immobilize or impound the vehicle upon receipt of the order, 8 24 seize the motor vehicle's license plates and registration, and 8 25 shall send or deliver the vehicle's license plates and 8 26 registration to the department. 8 27 6. If the vehicle to be impounded or immobilized is not in 8 28 the custody of a law enforcement agency, the person or agency 8 29 designated in the order as the person or agency responsible 8 30 for executing the order shall, upon receipt of the order, 8 31 promptly locate the vehicle specified in the order, seize the 8 32 motor vehicle and the license plates, and send or deliver the 8 33 vehicle's license plates to the department. 8 34 7. If the vehicle is located at a place other than the 8 35 place at which the impoundment or immobilization is to be 9 1 carried out, the person or agency responsible for executing 9 2 the order shall arrange for the vehicle to be moved to the 9 3 place of impoundment or immobilization. When the vehicle is 9 4 found, is impounded or immobilized, and is at the place of 9 5 impoundment or immobilization, the person or agency 9 6 responsible for executing the order shall notify the clerk of 9 7 the date on which the order was executed. The clerk shall 9 8 notify the department of the date on which the order was 9 9 executed. 9 10 8. Upon receipt of the court order for impoundment or 9 11 immobilization and seizure of the motor vehicle, if the agency 9 12 responsible for carrying out the order determines that the 9 13 motor vehicle is to be impounded, the agency shall review the 9 14 value of the vehicle in relation to the costs associated with 9 15 the period of impoundment of the motor vehicle specified in 9 16 the order. If the agency determines that the costs of 9 17 impoundment of the motor vehicle exceed the actual wholesale 9 18 value of the motor vehicle, the agency may treat the vehicle 9 19 as an abandoned vehicle pursuant to section 321.89. If the 9 20 agency elects to treat the motor vehicle as abandoned, the 9 21 agency shall notify the registered owner of the motor vehicle 9 22 that the vehicle shall be deemed abandoned and shall be sold 9 23 in the manner provided in section 321.89 if payment of the 9 24 total cost of impoundment is not received within twenty-one 9 25 days of the mailing of the notice. The agency shall provide 9 26 documentation regarding the valuation of the vehicle and the 9 27 costs of impoundment. This paragraph shall not apply to 9 28 vehicles that are immobilized pursuant to this section or if 9 29 subsection 15 or 16 applies. 9 30 9. The department shall destroy license plates received 9 31 under this section and shall not authorize the release of the 9 32 vehicle or the issuance of new license plates for the vehicle 9 33 until the period of impoundment or immobilization has expired, 9 34 and the fee and costs assessed under subsection 10 have been 9 35 paid. The fee for issuance of new license plates and 10 1 certificates of registration shall be the same as for the 10 2 replacement of lost, mutilated, or destroyed license plates 10 3 and certificates of registration. 10 4 10. Except where the person who is convicted of operating 10 5 while intoxicated and being a second or subsequent offender is 10 6 not lawfully in possession of the motor vehicle, the owner of 10 7 any motor vehicle that is impounded or immobilized under this 10 8 section shall be assessed a fee of one hundred dollars plus 10 9 the cost of any expenses for towing, storage, and any other 10 10 costs of impounding or immobilizing the motor vehicle, to be 10 11 paid to the clerk of the district court. The person or agency 10 12 responsible for carrying out the order shall inform the court 10 13 of the costs of towing, storage, and any other costs of 10 14 impounding or immobilizing the motor vehicle. Upon payment of 10 15 the fee and costs, the clerk shall forward a copy of the 10 16 receipt to the department. 10 17 11. If a law enforcement agency impounds or immobilizes a 10 18 motor vehicle, the amount of the fee and expenses deposited 10 19 with the clerk shall be paid by the clerk to the law 10 20 enforcement agency responsible for executing the order to 10 21 reimburse the agency for costs incurred for impoundment or 10 22 immobilization equipment and, if required, in sending officers 10 23 to search for and locate the vehicle specified in the 10 24 impoundment or immobilization order. 10 25 12. A motor vehicle which is subject to an order of 10 26 impoundment or immobilization that is operated on a street or 10 27 highway in this state during the period of impoundment or 10 28 immobilization shall be seized and forfeited to the state 10 29 under chapter 809. 10 30 13. Once the period of impoundment or immobilization has 10 31 expired, the owner of the motor vehicle shall have thirty days 10 32 to claim the motor vehicle and pay the fees and charges 10 33 imposed under this section. If the owner or the owner's 10 34 designee has not claimed the vehicle and paid the fees and 10 35 charges imposed under this section within seven days from the 11 1 date of expiration of the period, the clerk shall send written 11 2 notification to the motor vehicle owner, at the owner's last 11 3 known address, notifying the owner of the date of expiration 11 4 of the period of impoundment or immobilization and of the 11 5 period in which the motor vehicle must be claimed. If the 11 6 motor vehicle owner fails to claim the motor vehicle and pay 11 7 the fees and charges imposed within the thirty-day period, the 11 8 motor vehicle shall be forfeited to the state under chapter 11 9 809. 11 10 14. a. During the period of impoundment or 11 11 immobilization, a person convicted of the offense of operating 11 12 while intoxicated which resulted in the impoundment or 11 13 immobilization shall not sell or transfer the title of the 11 14 motor vehicle which is subject to the order of impoundment or 11 15 immobilization. The person convicted of the offense of 11 16 operating while intoxicated shall also not purchase another 11 17 motor vehicle or register any motor vehicle during the period 11 18 of impoundment or immobilization. Violation of this paragraph 11 19 is a serious misdemeanor. 11 20 b. If, during the period of impoundment or immobilization, 11 21 the title to the motor vehicle which is the subject of the 11 22 order is transferred by the foreclosure of a chattel mortgage, 11 23 a sale upon execution, the cancellation of a conditional sales 11 24 contract, or an order of a court, the court which enters the 11 25 order that permits transfer of the title shall notify the 11 26 department of the transfer of the title. The department shall 11 27 enter notice of the transfer of the title to the motor vehicle 11 28 in the previous owner's vehicle registration record. 11 29 15. Notwithstanding the requirements of this section, if 11 30 the owner of the motor vehicle is not the person who is 11 31 convicted of the offense which resulted in the issuance of the 11 32 order of impoundment or immobilization or the owner of the 11 33 motor vehicle is a motor vehicle rental or leasing company, 11 34 the owner, the owner's designee, or the rental or leasing 11 35 company shall be permitted to submit a claim for return of the 12 1 motor vehicle within twenty-four hours from receipt of the 12 2 order for impoundment or immobilization. Upon learning the 12 3 address or phone number of a rental or leasing company which 12 4 owns a motor vehicle, the peace officer, county attorney, or 12 5 attorney general shall immediately contact the company to 12 6 inform the company that the vehicle is available for return to 12 7 the company. The vehicle shall be returned to the owner, 12 8 owner's designee, or rental or leasing company and the order 12 9 for impoundment or immobilization shall be rescinded with 12 10 respect to the particular motor vehicle, if the owner or 12 11 owner's designee can prove to the satisfaction of the court 12 12 that the owner did not know or should not have known that the 12 13 vehicle was to be used in the commission of the offense of 12 14 operating while intoxicated, or if the rental or leasing 12 15 company did not know, should not have known, and did not 12 16 consent to the operation of the motor vehicle used in the 12 17 commission of the offense of operating while intoxicated. For 12 18 purposes of this section, unless the person convicted of the 12 19 offense which results in the imposition of the order for 12 20 impoundment or immobilization is not in lawful possession of 12 21 the motor vehicle used in the commission of the offense, an 12 22 owner of a motor vehicle shall be presumed to know that the 12 23 vehicle was to be used by the person who is convicted of the 12 24 offense, in the commission of the offense of operating while 12 25 intoxicated. 12 26 16. Notwithstanding the requirements of this section, the 12 27 holder of a security interest in a vehicle which is impounded 12 28 or immobilized pursuant to this section or forfeited in the 12 29 manner provided in chapter 809 shall be notified of the 12 30 impoundment, immobilization, or forfeiture within seventy-two 12 31 hours of the seizure of the vehicle and shall have the right 12 32 to claim the motor vehicle without payment of any fees or 12 33 surcharges unless the value of the vehicle exceeds the value 12 34 of the security interest held by the creditor. 12 35 17. Notwithstanding the requirements of this section, any 13 1 of the following persons may make application to the court for 13 2 permission to operate a motor vehicle, which is impounded or 13 3 immobilized pursuant to this section, during the period of im- 13 4 poundment or immobilization, if the applicant's motor vehicle 13 5 license or operating privilege has not been suspended, denied, 13 6 or revoked, and an ignition interlock device of a type 13 7 approved by the commissioner of public safety is installed in 13 8 the motor vehicle prior to operation: 13 9 a. A person, other than the person who committed the 13 10 offense which resulted in the impoundment or immobilization, 13 11 who is not a member of the immediate family of the person who 13 12 committed the offense but is a joint owner of the motor 13 13 vehicle. 13 14 b. A member of the immediate family of the person who 13 15 committed the offense which resulted in the impoundment or 13 16 immobilization, if the member demonstrates that the motor 13 17 vehicle that is subject to the order for impoundment or 13 18 immobilization is the only motor vehicle possessed by the 13 19 family. 13 20 For purposes of this section, "a member of the immediate 13 21 family" means a spouse, child, or parent of the person who 13 22 committed the offense. 13 23 18. The impoundment, immobilization, or forfeiture of a 13 24 motor vehicle under this chapter does not constitute loss of 13 25 use of a motor vehicle for purposes of any contract of 13 26 insurance. 13 27 Sec. 12. Section 321J.5, Code 1995, is amended to read as 13 28 follows: 13 29 321J.5 PRELIMINARY SCREENING TEST. 13 30 1. When a peace officer has reasonable grounds to believe 13 31 thataeither of the following have occurred, the peace 13 32 officer may request that the operator provide a sample of the 13 33 operator's breath for a preliminary screening test using a 13 34 device approved by the commissioner of public safety for that 13 35 purpose: 14 1 a. A motor vehicle operator may be violating or has 14 2 violated section 321J.2,orthe321J.2A. 14 3 b. The operator has been involved in a motor vehicle 14 4 collision resulting in injury or death, the peace officer may14 5request the operator to provide a sample of the operator's14 6breath for a preliminary screening test using a device14 7approved by the commissioner of public safety for that14 8purpose. 14 9 2. The results of this preliminary screening test may be 14 10 used for the purpose of deciding whether an arrest should be 14 11 madeandor whether to request a chemical test authorized in 14 12 this chapter, but shall not be used in any court action except 14 13 to prove that a chemical test was properly requested of a 14 14 person pursuant to this chapter. 14 15 Sec. 13. Section 321J.6, subsection 1, unnumbered 14 16 paragraph 1, Code 1995, is amended to read as follows: 14 17 A person who operates a motor vehicle in this state under 14 18 circumstances which give reasonable grounds to believe that 14 19 the person has been operating a motor vehicle in violation of 14 20 section 321J.2 or 321J.2A is deemed to have given consent to 14 21 the withdrawal of specimens of the person's blood, breath, or 14 22 urine and to a chemical test or tests of the specimens for the 14 23 purpose of determining the alcohol concentration or presence 14 24 of drugs, subject to this section. The withdrawal of the body 14 25 substances and the test or tests shall be administered at the 14 26 written request of a peace officer having reasonable grounds 14 27 to believe that the person was operating a motor vehicle in 14 28 violation of section 321J.2 or 321J.2A, and if any of the 14 29 following conditions exist: 14 30 Sec. 14. Section 321J.6, subsection 1, Code 1995, is 14 31 amended by adding the following new paragraph: 14 32 NEW PARAGRAPH. g. The preliminary breath screening test 14 33 was administered and it indicated an alcohol concentration of 14 34 .02 or more but less than .10 and the person is under the age 14 35 of twenty-one. 15 1 Sec. 15. Section 321J.8, Code 1995, is amended to read as 15 2 follows: 15 3 321J.8 STATEMENT OF OFFICER. 15 4 A person who has been requested to submit to a chemical 15 5 test shall be advised by a peace officer of the following: 15 6 1. If the person refuses to submit to the test, the 15 7 person's motor vehicle license or nonresident operating 15 8 privilege will be revoked by the department as required by and 15 9 for the applicable period specified under section 321J.9. 15 10 2. If the person submits to the test and the results 15 11 indicate an alcohol concentration as defined in section 321J.1 15 12 of .10 or more, or the person is under the age of twenty-one 15 13 and the results indicate an alcohol concentration of .02 or 15 14 more, but less than .10, the person's motor vehicle license or 15 15 nonresident operating privilege will be revoked by the 15 16 department as required by and for the applicable period 15 17 specified under section 321J.12. 15 18 3. If the person is operating a commercial motor vehicle 15 19 as defined in section 321.1 and either refuses to submit to 15 20 the test or submits to the test and the results indicate an 15 21 alcohol concentration of 0.04 or more, the person is 15 22 disqualified from operating a commercial motor vehicle for the 15 23 applicable period under section 321.208 in addition to any 15 24 revocation of the person's motor vehicle license or 15 25 nonresident operating privilege which may be applicable under 15 26 this chapter. 15 27 This section does not apply in any case involving a person 15 28 described in section 321J.7. 15 29 Sec. 16. Section 321J.9, Code 1995, is amended to read as 15 30 follows: 15 31 321J.9 REFUSAL TO SUBMIT &endash; REVOCATION. 15 32 1. If a person refuses to submit to the chemical testing, 15 33 a test shall not be given, but the department, upon the 15 34 receipt of the peace officer's certification, subject to 15 35 penalty for perjury, that the officer had reasonable grounds 16 1 to believe the person to have been operating a motor vehicle 16 2 in violation of section 321J.2 or 321J.2A, that specified 16 3 conditions existed for chemical testing pursuant to section 16 4 321J.6, and that the person refused to submit to the chemical 16 5 testing, shall revoke the person's motor vehicle license and 16 6 any nonresident operating privilege fora periodthe following 16 7 periods oftwotime: 16 8 a. Two hundred forty days if the person has no previous 16 9 revocation within the previous six years under this chapter; 16 10 andfive16 11 b. Five hundred forty days if the person has one or more 16 12 previous revocations within the previous six years under this 16 13 chapter; or if. 16 14 2. A person whose motor vehicle license or nonresident 16 15 operating privileges are revoked for two hundred forty days 16 16 under subsection 1, paragraph "a", shall not be eligible for a 16 17 temporary restricted license for at least ninety days after 16 18 the effective date of the revocation. A person whose motor 16 19 vehicle license or nonresident operating privileges are 16 20 revoked for five hundred forty days under subsection 1, 16 21 paragraph "b", shall not be eligible for a temporary 16 22 restricted license for at least one year after the effective 16 23 date of the revocation. 16 24 3. If the person is a resident without a license or permit 16 25 to operate a motor vehicle in this state, the department shall 16 26 deny to the person the issuance of a license or permit for the 16 27 same period a license or permit would be revoked, and deny 16 28 issuance of a temporary restricted license for the same period 16 29 of ineligibility for receipt of a temporary restricted 16 30 license, subject to review as provided in this chapter. 16 31 4. The effective date of revocation shall betwentyten 16 32 days after the department has mailed notice of revocation to 16 33 the person by certified mail or, on behalf of the department, 16 34 a peace officer offering or directing the administration of a 16 35 chemical test may serve immediate notice of intention to 17 1 revoke and of revocation on a person who refuses to permit 17 2 chemical testing. If the peace officer serves that immediate 17 3 notice, the peace officer shall take the Iowa license or 17 4 permit of the driver, if any, and issue a temporary license 17 5 effective for onlytwentyten days. The peace officer shall 17 6 immediately send the person's license to the department along 17 7 with the officer's certificate indicating the person's refusal 17 8 to submit to chemical testing. 17 9 Sec. 17. Section 321J.12, Code 1995, is amended to read as 17 10 follows: 17 11 321J.12 TEST RESULT REVOCATION. 17 12 1. Upon certification, subject to penalty for perjury, by 17 13 the peace officer that there existed reasonable grounds to 17 14 believe that the person had been operating a motor vehicle in 17 15 violation of section 321J.2, that there existed one or more of 17 16 the necessary conditions for chemical testing described in 17 17 section 321J.6, subsection 1, and that the person submitted to 17 18 chemical testing and the test results indicated an alcohol 17 19 concentration as defined in section 321J.1 of .10 or more, the 17 20 department shall revoke the person's motor vehicle license or 17 21 nonresident operating privilege fora periodthe following 17 22 periods ofonetime: 17 23 a. One hundred eighty days if the person has had no 17 24 revocation within the previous six years under this chapter,. 17 25and one17 26 b. One year if the person has had one or more previous 17 27 revocations within the previous six years under this chapter. 17 28 2. A person whose motor vehicle license or nonresident 17 29 operating privileges have been revoked under subsection 1, 17 30 paragraph "a", shall not be eligible for any temporary 17 31 restricted license for at least thirty days after the 17 32 effective date of the revocation. A person whose license or 17 33 privileges have been revoked under subsection 1, paragraph 17 34 "b", for one year shall not be eligible for any temporary 17 35 restricted license for one year after the effective date of 18 1 the revocation. 18 2 3. The effective date of the revocation shall betwenty18 3 ten days after the department has mailed notice of revocation 18 4 to the person by certified mail. The peace officer who 18 5 requested or directed the administration of the chemical test 18 6 may, on behalf of the department, serve immediate notice of 18 7 revocation on a person whose test results indicated an alcohol 18 8 concentration of .10 or more. 18 9 4. If the peace officer serves that immediate notice, the 18 10 peace officer shall take the person's Iowa license or permit, 18 11 if any, and issue a temporary license valid only fortwenty18 12 ten days. The peace officer shall immediately send the 18 13 person's driver's license to the department along with the 18 14 officer's certificate indicating that the test results 18 15 indicated an alcohol concentration of .10 or more. 18 16 5. Upon certification, subject to penalty of perjury, by 18 17 the peace officer that there existed reasonable grounds to 18 18 believe that the person had been operating a motor vehicle in 18 19 violation of section 321J.2A, that there existed one or more 18 20 of the necessary conditions for chemical testing described in 18 21 section 321J.6, subsection 1, and that the person submitted to 18 22 chemical testing and the test results indicated an alcohol 18 23 concentration as defined in section 321J.1 of .02 or more but 18 24 less than .10, the department shall revoke the person's motor 18 25 vehicle license or operating privilege for a period of thirty 18 26 days if the person has had no revocations within the previous 18 27 six years under section 321J.2A, and for a period of ninety 18 28 days if the person has had one or more previous revocations 18 29 within the previous six years under section 321J.2A. 18 30 6. The results of a chemical test may not be used as the 18 31 basis for a revocation of a person's motor vehicle license or 18 32 nonresident operating privilege if the alcohol concentration 18 33 indicated by the chemical test minus the established margin of 18 34 error inherent in the device or method used to conduct the 18 35 chemical test does not equal an alcohol concentration of .10 19 1 or more for violations under section 321J.2 or of .02 or more 19 2 for violations of section 321J.2A. 19 3 Sec. 18. Section 321J.13, subsections 1 through 5, Code 19 4 1995, are amended to read as follows: 19 5 1. Notice of revocation of a person's motor vehicle 19 6 license or operating privilege served pursuant to section 19 7 321J.9 or 321J.12 shall include a form accompanied by a 19 8 preaddressed envelope on which the person served may indicate 19 9 by a checkmark if the person only wishes to request a 19 10 temporary restricted licenseonlyafter the mandatory 19 11 ineligibility period for issuance of a temporary restricted 19 12 license has ended, or if the person wishes a hearing to 19 13 contest the revocation. The form shall clearly state on its 19 14 face that the form must be completed and returned within 19 15thirtyten days of receipt or the person's right to a hearing 19 16 to contest the revocation is foreclosed. The form shall also 19 17 be accompanied by a statement of the operation of and the 19 18 person's rights under this chapter. 19 19 2. The department shall grant the person an opportunity to 19 20 be heard within forty-five days of receipt of a request for a 19 21 hearing if the request is made not later thanthirtyten days 19 22 after receipt of notice of revocation served pursuant to 19 23 section 321J.9 or 321J.12. The hearing shall be before the 19 24 department in the county where the alleged events occurred, 19 25 unless the director and the person agree that the hearing may 19 26 be held in some other county, or the hearing may be held by 19 27 telephone conference at the discretion of the agency 19 28 conducting the hearing. The hearing may be recorded and its 19 29 scope shall be limited to the issues of whether a peace 19 30 officer had reasonable grounds to believe that the person was 19 31 operating a motor vehicle in violation of section 321J.2 or 19 32 section 321J.2A and either of the following: 19 33 a. Whether the person refused to submit to the test or 19 34 tests. 19 35 b. Whether a test was administered and the test results 20 1 indicated an alcohol concentration as defined in section 20 2 321J.1 of .10 or more or whether a test was administered and 20 3 the test results indicated an alcohol concentration as defined 20 4 in section 321J.1 of .02 or more pursuant to section 321J.2A. 20 5 3. After the hearing the department shall order that the 20 6 revocation be either rescinded or sustained.If the20 7revocation is sustained, the administrative law judge who20 8conducted the hearing may issue a temporary restricted license20 9to the person whose motor vehicle license or operating20 10privilege was revoked.Upon receipt of the decision of the 20 11 department to sustain a revocation, the person contesting the 20 12 revocation has ten days to file a request for review of the 20 13 decision by the director. The director or the director's 20 14 designee shall review the decision within fifteen days and 20 15 shall either rescind or sustain the revocation or order a new 20 16 hearing. If the director orders a new hearing, the department 20 17 shall grant the person a new hearing withinthirtytwenty days 20 18 of the director's order. 20 19 4. A person whose motor vehicle license or operating 20 20 privilege has been or is being revoked under section 321J.9 or 20 21 321J.12 may reopen a department hearing on the revocation if 20 22 the person submits a petition stating that new evidence has 20 23 been discovered which provides grounds for rescission of the 20 24 revocation, or prevail at the hearing to rescind the 20 25 revocation, if the person submits a petition stating that a 20 26 criminal action on a charge of a violation of section 321J.2 20 27 filed as a result of the same circumstances which resulted in 20 28 the revocation has resulted in a decision in which the court 20 29 has held that the peace officer did not have reasonable 20 30 grounds to believe that a violation of section 321J.2 or 20 31 321J.2A had occurred to support a request for or to administer 20 32 a chemical test or which has held the chemical test to be 20 33 otherwise inadmissible or invalid. Such a decision by the 20 34 court is binding on the department and the department shall 20 35 rescind the revocation. 21 1 5. The department shall stay the revocation of a person's 21 2 motor vehicle license or operating privilege for the period 21 3 that the person is contesting the revocation under this 21 4 section or section 321J.14 if it is shown to the satisfaction 21 5 of the department that the new evidence is material and that 21 6 there were valid reasons for failure to present it in the 21 7 contested case proceeding before the department. However, a 21 8 stay shall not be granted for violations of section 321J.2A. 21 9 Sec. 19. Section 321J.15, Code 1995, is amended to read as 21 10 follows: 21 11 321J.15 EVIDENCE IN ANY ACTION. 21 12 Upon the trial of a civil or criminal action or proceeding 21 13 arising out of acts alleged to have been committed by a person 21 14 while operating a motor vehicle in violation of section 321J.2 21 15 or 321J.2A, evidence of the alcohol concentration or the 21 16 presence of drugs in the person's body substances at the time 21 17 of the act alleged as shown by a chemical analysis of the 21 18 person's blood, breath, or urine is admissible. If it is 21 19 established at trial that an analysis of a breath specimen was 21 20 performed by a certified operator using a device and methods 21 21 approved by the commissioner of public safety, no further 21 22 foundation is necessary for introduction of the evidence. 21 23 Sec. 20. Section 321J.16, Code 1995, is amended to read as 21 24 follows: 21 25 321J.16 PROOF OF REFUSAL ADMISSIBLE. 21 26 If a person refuses to submit to a chemical test, proof of 21 27 refusal is admissible in any civil or criminal action or 21 28 proceeding arising out of acts alleged to have been committed 21 29 while the person was operating a motor vehicle in violation of 21 30 section 321J.2 or 321J.2A. 21 31 Sec. 21. Section 321J.20, subsections 1 and 2, Code 1995, 21 32 are amended to read as follows: 21 33 1. The department may, on application, issue a temporary 21 34 restricted license to a person whose motor vehicle license is 21 35 revoked under this chapter allowing the person to drive to and 22 1 from the person's home and specified places at specified times 22 2 which can be verified by the department and which are required 22 3 by the person's full-time or part-time employment, continuing 22 4 health care or the continuing health care of another who is 22 5 dependent upon the person, continuing education while enrolled 22 6 in an educational institution on a part-time or full-time 22 7 basis and while pursuing a course of study leading to a 22 8 diploma, degree, or other certification of successful 22 9 educational completion, substance abuse treatment, and court- 22 10 ordered community service responsibilities if the person's 22 11 motor vehicle license has not been revoked under section 22 12 321J.4, 321J.9, or 321J.12 within the previous six years and 22 13 if any of the following apply: 22 14 a. The person's motor vehicle license is revoked under 22 15 section 321J.4, subsection 1, 2, 4, or 6, and the minimum 22 16 period of ineligibility for issuance of a temporary restricted 22 17 license has expired. 22 18 b. The person's motor vehicle license is revoked under 22 19 section 321J.9 and the person has entered a plea of guilty on 22 20 a charge of a violation of section 321J.2 which arose from the 22 21 same set of circumstances which resulted in the person's motor 22 22 vehicle license revocation under section 321J.9 and the guilty 22 23 plea is not withdrawn at the time of or after application for 22 24 the temporary restricted license, and the minimum period of 22 25 ineligibility for issuance of a temporary restricted license 22 26 has expired. 22 27 c. The person's motor vehicle license is revoked under 22 28 section 321J.12, and the minimum period of ineligibility for 22 29 issuance of a temporary restricted license has expired. 22 30 However, a temporary restricted license may be issued if 22 31 the person's motor vehicle license is revoked under section 22 32 321J.9, and the revocation is a second revocation under this 22 33 chapter, and the first three hundred andsixtysixty-five days 22 34 of the revocation have expired. 22 35 2. This section does not apply to a person whose license 23 1 was revoked under section 321J.2A or section 321J.4, 23 2 subsection 3 or 5, or to a person whose license is suspended 23 3 or revoked for another reason. 23 4 Sec. 22. Section 805.8, subsection 10, Code 1995, is 23 5 amended by adding the following new paragraph: 23 6 NEW PARAGRAPH. c. For violations of section 321.284, the 23 7 scheduled fine is fifty dollars. 23 8 Sec. 23. Section 809.1, subsection 4, Code 1995, is 23 9 amended to read as follows: 23 10 4. The definitions contained in subsections 1 through 3 23 11 shall not apply to violations of chapter 321or 321J. 23 12 Sec. 24. REPEAL. Section 321J.4A, Code 1995, is repealed. 23 13 Sec. 25. IMPLEMENTATION OF ACT &endash; LEGISLATIVE INTENT. 23 14 Section 25B.2, subsection 3, shall not apply to this Act. 23 15 However, it is the intent of the general assembly that the 23 16 fees and funds generated as a result of the passage of this 23 17 Act be used to cover the costs associated with the additional 23 18 duties imposed. 23 19 SF 446 23 20 lh/cc/26
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