Text: SSB00242 Text: SSB00244 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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. NEW SECTION. 321.284 OPEN CONTAINERS IN MOTOR 1 14 VEHICLES. 1 15 A person driving a motor vehicle shall not knowingly 1 16 possess in a motor vehicle upon a public street or highway an 1 17 open or unsealed bottle, can, jar, or other receptacle 1 18 containing an alcoholic beverage, wine, or beer with the 1 19 intent to consume the alcoholic beverage, wine, or beer while 1 20 the motor vehicle is upon a public street or highway. 1 21 Evidence that an open or unsealed receptacle containing an 1 22 alcoholic beverage, wine, or beer was found during an 1 23 authorized search in the glove compartment, utility 1 24 compartment, console, front passenger seat, or any unlocked 1 25 portable device and within the immediate reach of the driver 1 26 while the motor vehicle is upon a public street or highway is 1 27 evidence from which the court or jury may infer that the 1 28 driver intended to consume the alcoholic beverage, wine, or 1 29 beer while upon the public street or highway if the inference 1 30 is supported by corroborative evidence. However, an open or 1 31 unsealed receptacle containing an alcoholic beverage, wine, or 1 32 beer may be transported at any time in the trunk of the motor 1 33 vehicle or in some other area of the interior of the motor 1 34 vehicle not designed or intended to be occupied by the driver 1 35 and not readily accessible to the driver while the motor 2 1 vehicle is in motion. A person convicted of a violation of 2 2 this paragraph is guilty of a simple misdemeanor punishable as 2 3 a scheduled violation under section 805.8, subsection 10, 2 4 paragraph "c". 2 5 Sec. 4. Section 321A.17, subsection 5, Code 1995, is 2 6 amended to read as follows: 2 7 5. An individual applying for a motor vehicle license 2 8 following a period of suspension or revocation under section 2 9 321.209, subsection 8, section 321.210, subsection 1, 2 10 paragraph "d", or section 321.210A, 321.213B, 321.216B, or 2 11 321.513,orfollowing a period of suspension under section 2 12 321.194, or following a period of revocation under section 2 13 321J.2A, is not required to maintain proof of financial 2 14 responsibility under this section. 2 15 Sec. 5. NEW SECTION. 321J.2A PERSONS UNDER THE AGE OF 2 16 TWENTY-ONE. 2 17 A person who is under the age of twenty-one shall not 2 18 operate a motor vehicle while having an alcohol concentration, 2 19 as defined under section 321J.1, of .02 or more. The motor 2 20 vehicle license or nonresident operation privilege of a person 2 21 who is under the age of twenty-one and who operates a motor 2 22 vehicle while having an alcohol concentration of .02 or more 2 23 shall be revoked by the department for the period of time 2 24 specified under section 321J.12. A revocation under this 2 25 section shall not preclude a prosecution or conviction under 2 26 any applicable criminal provisions of this chapter. However, 2 27 if the person is convicted of a criminal offense under section 2 28 321J.2, the revocation imposed under this section shall be 2 29 superseded by any revocation imposed as a result of the 2 30 conviction. 2 31 In any proceeding regarding a revocation under this 2 32 section, evidence of the results of analysis of a specimen of 2 33 the defendant's blood, breath, or urine is admissible upon 2 34 proof of a proper foundation. The alcohol concentration 2 35 established by the results of an analysis of a specimen of the 3 1 defendant's blood, breath, or urine withdrawn within two hours 3 2 after the defendant was driving or in physical control of a 3 3 motor vehicle is presumed to be the alcohol concentration at 3 4 the time of driving or being in physical control of the motor 3 5 vehicle. 3 6 Sec. 6. Section 321J.4, subsections 1 and 2, Code 1995, 3 7 are amended to read as follows: 3 8 1. If a defendant is convicted of a violation of section 3 9 321J.2 and the defendant's motor vehicle license or 3 10 nonresident operating privilege has not been revoked under 3 11 section 321J.9 or 321J.12 for the occurrence from which the 3 12 arrest arose, the department shall revoke the defendant's 3 13 motor vehicle license or nonresident operating privilege for 3 14 one hundred eighty days if the defendant has had no previous 3 15 convictionunder section 321J.2or revocation undersection3 16321J.9 or 321J.12this chapter within the previous six years 3 17 and the defendant shall not be eligible for any temporary 3 18 restricted license for at least thirty days after the 3 19 effective date of the revocation if a test was obtained, and 3 20 for at least ninety days if a test was refused. 3 21 If a defendant is convicted of a violation of section 3 22 321J.2, and the defendant's motor vehicle license or 3 23 nonresident operating privilege has not already been revoked 3 24 under section 321J.9 or 321J.12 for the occurrence from which 3 25 the arrest arose, the department shall revoke the defendant's 3 26 motor vehicle license or nonresident operating privilege for 3 27 one year if the defendant has had one or more previous 3 28 convictions or revocations underthose sectionsthis chapter 3 29 within the previous six years. The defendant shall not be 3 30 eligible for any temporary restricted license during the 3 31 entire one year revocation period. 3 32 2. If the court defers judgment pursuant to section 907.3 3 33 for a violation of section 321J.2, and if the defendant's 3 34 motor vehicle license or nonresident operating privilege has 3 35 not been revoked under section 321J.9 or 321J.12, or has not 4 1 otherwise been revoked for the occurrence from which the 4 2 arrest arose, the court shall order the department to revoke 4 3 the defendant's motor vehicle license or nonresident operating 4 4 privilege for a period of not less than thirty days nor more 4 5 than ninety daysif the defendant's motor vehicle license or4 6nonresident operating privilege has not been revoked under4 7section 321J.9 or 321J.12 or has not otherwise been revoked4 8for the occurrence from which the arrest arose. The defendant 4 9 shall not be eligible for any temporary restricted license for 4 10 at least thirty days after the effective date of the 4 11 revocation if a test was obtained and for at least ninety days 4 12 if a test was refused. The court shall immediately require 4 13 the defendant to surrender to it all Iowa licenses or permits 4 14 held by the defendant, which the court shall forward to the 4 15 department with a copy of the order deferring judgment. 4 16 Sec. 7. Section 321J.4, subsection 3, paragraph a, Code 4 17 1995, is amended to read as follows: 4 18 a. Upon a plea or verdict of guilty of a third or 4 19 subsequent violation of section 321J.2, the court shall order 4 20 the department to revoke the defendant's motor vehicle license 4 21 or nonresident operating privilege for a period of six years. 4 22 The defendant shall not be eligible for a temporary restricted 4 23 license for at least one year after the effective date of the 4 24 revocation. The court shall require the defendant to 4 25 surrender to it all Iowa licenses or permits held by the 4 26 defendant, which the court shall forward to the department 4 27 with a copy of the order for revocation. 4 28 Sec. 8. Section 321J.4, subsections 4, 5, and 8, Code 4 29 1995, are amended to read as follows: 4 30 4. Upon a plea or verdict of guilty of a violation of 4 31 section 321J.2 which involved a personal injury, the court 4 32 shall determine in open court, from consideration of the 4 33 information in the file and any other evidence the parties may 4 34 submit, whether a serious injury was sustained by any person 4 35 other than the defendant and, if so, whether the defendant's 5 1 conduct in violation of section 321J.2 caused the serious 5 2 injury. If the court so determines, the court shall order the 5 3 department to revoke the defendant's motor vehicle license or 5 4 nonresident operating privilege for a period of one year in 5 5 addition to any other period of suspension or revocation. The 5 6 defendant shall not be eligible for any temporary restricted 5 7 license until the minimum period of ineligibility has expired 5 8 under section 321J.4, 321J.9, 321J.12, or 321J.20. The 5 9 defendant shall surrender to the court any Iowa license or 5 10 permit and the court shall forward it to the department with a 5 11 copy of the order for revocation. 5 12 5. Upon a plea or verdict of guilty of a violation of 5 13 section 321J.2 which involved a death, the court shall 5 14 determine in open court, from consideration of the information 5 15 in the file and any other evidence the parties may submit, 5 16 whether a death occurred and, if so, whether the defendant's 5 17 conduct in violation of section 321J.2 caused the death. If 5 18 the court so determines, the court shall order the department 5 19 to revoke the defendant's motor vehicle license or nonresident 5 20 operating privilege for a period of six years. The defendant 5 21 shall not be eligible for any temporary restricted license 5 22 until the minimum period of ineligibility has expired under 5 23 section 321J.4, 321J.9, 321J.12, or 321J.20. The defendant 5 24 shall surrender to the court any Iowa license or permit and 5 25 the court shall forward it to the department with a copy of 5 26 the order for revocation. 5 27 8. A person whose motor vehicle license has either been 5 28 revoked under this chapter, or revoked or suspended under 5 29 chapter 321 solely for violations of this chapter, or who has 5 30 been determined to be a habitual offender under chapter 321 5 31 based solely on violations of this chapter, and who is not 5 32 eligible for a temporary restricted license under this chapter 5 33 may petition the court upon the expiration of the minimum 5 34 period of ineligibility for a temporary restricted license 5 35 provided for under section 321J.4, 321J.9, 321J.12, or 321J.20 6 1 for an order to the department to require the department to 6 2 issue a temporary restricted license to the person 6 3 notwithstanding section 321.560. Upon the filing of a 6 4 petition for a temporary restricted license under this 6 5 section, the clerk of the district court in the county where 6 6 the violation that resulted in the revocation occurred shall 6 7 send notice of the petition to the department and the 6 8 prosecuting attorney. The department and the prosecuting 6 9 attorney shall each be given an opportunity to respond to and 6 10 request a hearing on the petition. The court shall determine 6 11 if the temporary restricted license is necessary for the 6 12 person to maintain the person's present employment. However, 6 13 a temporary restricted license shall not be ordered or issued 6 14 for violations of section 321J.2A or to persons under the age 6 15 of twenty-one who commit violations under section 321J.2. If 6 16 the court determines that the temporary restricted license is 6 17 necessary for the person to maintain the person's present 6 18 employment, and that the minimum period of ineligibility for 6 19 receipt of a temporary license has expired, the court shall 6 20 order the department to issue to the person a temporary 6 21 restricted license conditioned upon the person's certification 6 22 to the court of the installation of approved ignition 6 23 interlock devices in all motor vehicles that it is necessary 6 24 for the person to operate to maintain the person's present 6 25 employment. Section 321.561 does not apply to a person 6 26 operating a motor vehicle in the manner permitted under this 6 27 subsection. If the person operates a motor vehicle which does 6 28 not have an approved ignition interlock device or if the 6 29 person tampers with or circumvents an ignition interlock 6 30 device, in addition to other penalties provided, the person's 6 31 temporary restricted license shall be revoked. A person 6 32 holding a temporary restricted license issued under this 6 33 subsection shall not operate a commercial motor vehicle, as 6 34 defined in section 321.1, on a highway if a commercial 6 35 driver's license is required for the person to operate the 7 1 commercial motor vehicle. 7 2 Sec. 9. Section 321J.5, Code 1995, is amended to read as 7 3 follows: 7 4 321J.5 PRELIMINARY SCREENING TEST. 7 5 1. When a peace officer has reasonable grounds to believe 7 6 thataeither of the following have occurred, the peace 7 7 officer may request that the operator provide a sample of the 7 8 operator's breath for a preliminary screening test using a 7 9 device approved by the commissioner of public safety for that 7 10 purpose: 7 11 a. A motor vehicle operator may be violating or has 7 12 violated section 321J.2,orthe321J.2A. 7 13 b. The operator has been involved in a motor vehicle 7 14 collision resulting in injury or death, the peace officer may7 15request the operator to provide a sample of the operator's7 16breath for a preliminary screening test using a device7 17approved by the commissioner of public safety for that7 18purpose. 7 19 2. The results of this preliminary screening test may be 7 20 used for the purpose of deciding whether an arrest should be 7 21 madeandor whether to request a chemical test authorized in 7 22 this chapter, but shall not be used in any court action except 7 23 to prove that a chemical test was properly requested of a 7 24 person pursuant to this chapter. 7 25 Sec. 10. Section 321J.6, subsection 1, unnumbered 7 26 paragraph 1, Code 1995, is amended to read as follows: 7 27 A person who operates a motor vehicle in this state under 7 28 circumstances which give reasonable grounds to believe that 7 29 the person has been operating a motor vehicle in violation of 7 30 section 321J.2 or 321J.2A is deemed to have given consent to 7 31 the withdrawal of specimens of the person's blood, breath, or 7 32 urine and to a chemical test or tests of the specimens for the 7 33 purpose of determining the alcohol concentration or presence 7 34 of drugs, subject to this section. The withdrawal of the body 7 35 substances and the test or tests shall be administered at the 8 1 written request of a peace officer having reasonable grounds 8 2 to believe that the person was operating a motor vehicle in 8 3 violation of section 321J.2 or 321J.2A, and if any of the 8 4 following conditions exist: 8 5 Sec. 11. Section 321J.6, subsection 1, Code 1995, is 8 6 amended by adding the following new paragraph: 8 7 NEW PARAGRAPH. g. The preliminary breath screening test 8 8 was administered and it indicated an alcohol concentration of 8 9 .02 or more but less than .10 and the person is under the age 8 10 of twenty-one. 8 11 Sec. 12. Section 321J.8, Code 1995, is amended to read as 8 12 follows: 8 13 321J.8 STATEMENT OF OFFICER. 8 14 A person who has been requested to submit to a chemical 8 15 test shall be advised by a peace officer of the following: 8 16 1. If the person refuses to submit to the test, the 8 17 person's motor vehicle license or nonresident operating 8 18 privilege will be revoked by the department as required by and 8 19 for the applicable period specified under section 321J.9. 8 20 2. If the person submits to the test and the results 8 21 indicate an alcohol concentration as defined in section 321J.1 8 22 of .10 or more, or the person is under the age of twenty-one 8 23 and the results indicate an alcohol concentration of .02 or 8 24 more, but less than .10, the person's motor vehicle license or 8 25 nonresident operating privilege will be revoked by the 8 26 department as required by and for the applicable period 8 27 specified under section 321J.12. 8 28 3. If the person is operating a commercial motor vehicle 8 29 as defined in section 321.1 and either refuses to submit to 8 30 the test or submits to the test and the results indicate an 8 31 alcohol concentration of 0.04 or more, the person is 8 32 disqualified from operating a commercial motor vehicle for the 8 33 applicable period under section 321.208 in addition to any 8 34 revocation of the person's motor vehicle license or 8 35 nonresident operating privilege which may be applicable under 9 1 this chapter. 9 2 This section does not apply in any case involving a person 9 3 described in section 321J.7. 9 4 Sec. 13. Section 321J.9, Code 1995, is amended to read as 9 5 follows: 9 6 321J.9 REFUSAL TO SUBMIT &endash; REVOCATION. 9 7 1. If a person refuses to submit to the chemical testing, 9 8 a test shall not be given, but the department, upon the 9 9 receipt of the peace officer's certification, subject to 9 10 penalty for perjury, that the officer had reasonable grounds 9 11 to believe the person to have been operating a motor vehicle 9 12 in violation of section 321J.2 or 321J.2A, that specified 9 13 conditions existed for chemical testing pursuant to section 9 14 321J.6, and that the person refused to submit to the chemical 9 15 testing, shall revoke the person's motor vehicle license and 9 16 any nonresident operating privilege fora periodthe following 9 17 periods oftwotime: 9 18 a. Two hundred forty days if the person has no previous 9 19 revocation within the previous six years under this chapter; 9 20 andfive9 21 b. Five hundred forty days if the person has one or more 9 22 previous revocations within the previous six years under this 9 23 chapter; or if. 9 24 2. A person whose motor vehicle license or nonresident 9 25 operating privileges are revoked for two hundred forty days 9 26 under subsection 1, paragraph "a", shall not be eligible for a 9 27 temporary restricted license for at least ninety days after 9 28 the effective date of the revocation. A person whose motor 9 29 vehicle license or nonresident operating privileges are 9 30 revoked for five hundred forty days under subsection 1, 9 31 paragraph "b", shall not be eligible for a temporary 9 32 restricted license for at least one year after the effective 9 33 date of the revocation. 9 34 3. If the person is a resident without a license or permit 9 35 to operate a motor vehicle in this state, the department shall 10 1 deny to the person the issuance of a license or permit for the 10 2 same period a license or permit would be revoked, and deny 10 3 issuance of a temporary restricted license for the same period 10 4 of ineligibility for receipt of a temporary restricted 10 5 license, subject to review as provided in this chapter. 10 6 4. The effective date of revocation shall betwentyten 10 7 days after the department has mailed notice of revocation to 10 8 the person by certified mail or, on behalf of the department, 10 9 a peace officer offering or directing the administration of a 10 10 chemical test may serve immediate notice of intention to 10 11 revoke and of revocation on a person who refuses to permit 10 12 chemical testing. If the peace officer serves that immediate 10 13 notice, the peace officer shall take the Iowa license or 10 14 permit of the driver, if any, and issue a temporary license 10 15 effective for onlytwentyten days. The peace officer shall 10 16 immediately send the person's license to the department along 10 17 with the officer's certificate indicating the person's refusal 10 18 to submit to chemical testing. 10 19 Sec. 14. Section 321J.12, Code 1995, is amended to read as 10 20 follows: 10 21 321J.12 TEST RESULT REVOCATION. 10 22 1. Upon certification, subject to penalty for perjury, by 10 23 the peace officer that there existed reasonable grounds to 10 24 believe that the person had been operating a motor vehicle in 10 25 violation of section 321J.2, that there existed one or more of 10 26 the necessary conditions for chemical testing described in 10 27 section 321J.6, subsection 1, and that the person submitted to 10 28 chemical testing and the test results indicated an alcohol 10 29 concentration as defined in section 321J.1 of .10 or more, the 10 30 department shall revoke the person's motor vehicle license or 10 31 nonresident operating privilege fora periodthe following 10 32 periods ofonetime: 10 33 a. One hundred eighty days if the person has had no 10 34 revocation within the previous six years under this chapter,. 10 35and one11 1 b. One year if the person has had one or more previous 11 2 revocations within the previous six years under this chapter. 11 3 2. A person whose motor vehicle license or nonresident 11 4 operating privileges have been revoked under subsection 1, 11 5 paragraph "a", shall not be eligible for any temporary 11 6 restricted license for at least thirty days after the 11 7 effective date of the revocation. A person whose license or 11 8 privileges have been revoked under subsection 1, paragraph 11 9 "b", for one year shall not be eligible for any temporary 11 10 restricted license for one year after the effective date of 11 11 the revocation. 11 12 3. The effective date of the revocation shall betwenty11 13 ten days after the department has mailed notice of revocation 11 14 to the person by certified mail. The peace officer who 11 15 requested or directed the administration of the chemical test 11 16 may, on behalf of the department, serve immediate notice of 11 17 revocation on a person whose test results indicated an alcohol 11 18 concentration of .10 or more. 11 19 4. If the peace officer serves that immediate notice, the 11 20 peace officer shall take the person's Iowa license or permit, 11 21 if any, and issue a temporary license valid only fortwenty11 22 ten days. The peace officer shall immediately send the 11 23 person's driver's license to the department along with the 11 24 officer's certificate indicating that the test results 11 25 indicated an alcohol concentration of .10 or more. 11 26 5. Upon certification, subject to penalty of perjury, by 11 27 the peace officer that there existed reasonable grounds to 11 28 believe that the person had been operating a motor vehicle in 11 29 violation of section 321J.2A, that there existed one or more 11 30 of the necessary conditions for chemical testing described in 11 31 section 321J.6, subsection 1, and that the person submitted to 11 32 chemical testing and the test results indicated an alcohol 11 33 concentration as defined in section 321J.1 of .02 or more but 11 34 less than .10, the department shall revoke the person's motor 11 35 vehicle license or operating privilege for a period of thirty 12 1 days if the person has had no revocations within the previous 12 2 six years under section 321J.2A, and for a period of ninety 12 3 days if the person has had one or more previous revocations 12 4 within the previous six years under section 321J.2A. 12 5 6. The results of a chemical test may not be used as the 12 6 basis for a revocation of a person's motor vehicle license or 12 7 nonresident operating privilege if the alcohol concentration 12 8 indicated by the chemical test minus the established margin of 12 9 error inherent in the device or method used to conduct the 12 10 chemical test does not equal an alcohol concentration of .10 12 11 or more for violations under section 321J.2 or of .02 or more 12 12 for violations of section 321J.2A. 12 13 Sec. 15. Section 321J.13, subsections 1 through 5, Code 12 14 1995, are amended to read as follows: 12 15 1. Notice of revocation of a person's motor vehicle 12 16 license or operating privilege served pursuant to section 12 17 321J.9 or 321J.12 shall include a form accompanied by a 12 18 preaddressed envelope on which the person served may indicate 12 19 by a checkmark if the person only wishes to request a 12 20 temporary restricted licenseonlyafter the mandatory 12 21 ineligibility period for issuance of a temporary restricted 12 22 license has ended, or if the person wishes a hearing to 12 23 contest the revocation. The form shall clearly state on its 12 24 face that the form must be completed and returned within 12 25thirtyten days of receipt or the person's right to a hearing 12 26 to contest the revocation is foreclosed. The form shall also 12 27 be accompanied by a statement of the operation of and the 12 28 person's rights under this chapter. 12 29 2. The department shall grant the person an opportunity to 12 30 be heard within forty-five days of receipt of a request for a 12 31 hearing if the request is made not later thanthirtyten days 12 32 after receipt of notice of revocation served pursuant to 12 33 section 321J.9 or 321J.12. The hearing shall be before the 12 34 department in the county where the alleged events occurred, 12 35 unless the director and the person agree that the hearing may 13 1 be held in some other county, or the hearing may be held by 13 2 telephone conference at the discretion of the agency 13 3 conducting the hearing. The hearing may be recorded and its 13 4 scope shall be limited to the issues of whether a peace 13 5 officer had reasonable grounds to believe that the person was 13 6 operating a motor vehicle in violation of section 321J.2 or 13 7 section 321J.2A and either of the following: 13 8 a. Whether the person refused to submit to the test or 13 9 tests. 13 10 b. Whether a test was administered and the test results 13 11 indicated an alcohol concentration as defined in section 13 12 321J.1 of .10 or more or whether a test was administered and 13 13 the test results indicated an alcohol concentration as defined 13 14 in section 321J.1 of .02 or more pursuant to section 321J.2A. 13 15 3. After the hearing the department shall order that the 13 16 revocation be either rescinded or sustained.If the13 17revocation is sustained, the administrative law judge who13 18conducted the hearing may issue a temporary restricted license13 19to the person whose motor vehicle license or operating13 20privilege was revoked.Upon receipt of the decision of the 13 21 department to sustain a revocation, the person contesting the 13 22 revocation has ten days to file a request for review of the 13 23 decision by the director. The director or the director's 13 24 designee shall review the decision within fifteen days and 13 25 shall either rescind or sustain the revocation or order a new 13 26 hearing. If the director orders a new hearing, the department 13 27 shall grant the person a new hearing withinthirtytwenty days 13 28 of the director's order. 13 29 4. A person whose motor vehicle license or operating 13 30 privilege has been or is being revoked under section 321J.9 or 13 31 321J.12 may reopen a department hearing on the revocation if 13 32 the person submits a petition stating that new evidence has 13 33 been discovered which provides grounds for rescission of the 13 34 revocation, or prevail at the hearing to rescind the 13 35 revocation, if the person submits a petition stating that a 14 1 criminal action on a charge of a violation of section 321J.2 14 2 filed as a result of the same circumstances which resulted in 14 3 the revocation has resulted in a decision in which the court 14 4 has held that the peace officer did not have reasonable 14 5 grounds to believe that a violation of section 321J.2 or 14 6 321J.2A had occurred to support a request for or to administer 14 7 a chemical test or which has held the chemical test to be 14 8 otherwise inadmissible or invalid. Such a decision by the 14 9 court is binding on the department and the department shall 14 10 rescind the revocation. 14 11 5. The department shall stay the revocation of a person's 14 12 motor vehicle license or operating privilege for the period 14 13 that the person is contesting the revocation under this 14 14 section or section 321J.14 if it is shown to the satisfaction 14 15 of the department that the new evidence is material and that 14 16 there were valid reasons for failure to present it in the 14 17 contested case proceeding before the department. However, a 14 18 stay shall not be granted for violations of section 321J.2A. 14 19 Sec. 16. Section 321J.15, Code 1995, is amended to read as 14 20 follows: 14 21 321J.15 EVIDENCE IN ANY ACTION. 14 22 Upon the trial of a civil or criminal action or proceeding 14 23 arising out of acts alleged to have been committed by a person 14 24 while operating a motor vehicle in violation of section 321J.2 14 25 or 321J.2A, evidence of the alcohol concentration or the 14 26 presence of drugs in the person's body substances at the time 14 27 of the act alleged as shown by a chemical analysis of the 14 28 person's blood, breath, or urine is admissible. If it is 14 29 established at trial that an analysis of a breath specimen was 14 30 performed by a certified operator using a device and methods 14 31 approved by the commissioner of public safety, no further 14 32 foundation is necessary for introduction of the evidence. 14 33 Sec. 17. Section 321J.16, Code 1995, is amended to read as 14 34 follows: 14 35 321J.16 PROOF OF REFUSAL ADMISSIBLE. 15 1 If a person refuses to submit to a chemical test, proof of 15 2 refusal is admissible in any civil or criminal action or 15 3 proceeding arising out of acts alleged to have been committed 15 4 while the person was operating a motor vehicle in violation of 15 5 section 321J.2 or 321J.2A. 15 6 Sec. 18. Section 321J.20, subsections 1 and 2, Code 1995, 15 7 are amended to read as follows: 15 8 1. The department may, on application, issue a temporary 15 9 restricted license to a person whose motor vehicle license is 15 10 revoked under this chapter allowing the person to drive to and 15 11 from the person's home and specified places at specified times 15 12 which can be verified by the department and which are required 15 13 by the person's full-time or part-time employment, continuing 15 14 health care or the continuing health care of another who is 15 15 dependent upon the person, continuing education while enrolled 15 16 in an educational institution on a part-time or full-time 15 17 basis and while pursuing a course of study leading to a 15 18 diploma, degree, or other certification of successful 15 19 educational completion, substance abuse treatment, and court- 15 20 ordered community service responsibilities if the person's 15 21 motor vehicle license has not been revoked under section 15 22 321J.4, 321J.9, or 321J.12 within the previous six years and 15 23 if any of the following apply: 15 24 a. The person's motor vehicle license is revoked under 15 25 section 321J.4, subsection 1, 2, 4, or 6, and the minimum 15 26 period of ineligibility for issuance of a temporary restricted 15 27 license has expired. 15 28 b. The person's motor vehicle license is revoked under 15 29 section 321J.9 and the person has entered a plea of guilty on 15 30 a charge of a violation of section 321J.2 which arose from the 15 31 same set of circumstances which resulted in the person's motor 15 32 vehicle license revocation under section 321J.9 and the guilty 15 33 plea is not withdrawn at the time of or after application for 15 34 the temporary restricted license, and the minimum period of 15 35 ineligibility for issuance of a temporary restricted license 16 1 has expired. 16 2 c. The person's motor vehicle license is revoked under 16 3 section 321J.12, and the minimum period of ineligibility for 16 4 issuance of a temporary restricted license has expired. 16 5 However, a temporary restricted license may be issued if 16 6 the person's motor vehicle license is revoked under section 16 7 321J.9, and the revocation is a second revocation under this 16 8 chapter, and the first three hundred andsixtysixty-five days 16 9 of the revocation have expired. 16 10 2. This section does not apply to a person whose license 16 11 was revoked under section 321J.2A or section 321J.4, 16 12 subsection 3 or 5, or to a person whose license is suspended 16 13 or revoked for another reason. 16 14 Sec. 19. Section 805.8, subsection 10, Code 1995, is 16 15 amended by adding the following new paragraph: 16 16 NEW PARAGRAPH. c. For violations of 321.284, the 16 17 scheduled fine is fifty dollars. 16 18 EXPLANATION 16 19 This bill moves language prohibiting the possession of open 16 20 receptacles containing alcoholic beverages in a motor vehicle 16 21 from chapter 123, which regulates alcoholic beverages, to 16 22 chapter 321, which governs motor vehicles, and provides that 16 23 violations are punishable by a scheduled fine of $50. 16 24 The bill is intended to comply with federal section 410 16 25 criteria established for states with comprehensive drunk 16 26 driving prevention programs. Federal section 410 criteria 16 27 require the establishment of periods of "hard" revocation and 16 28 the completion of the license revocation hearing process 16 29 within an abbreviated period of time. States meeting such 16 30 criteria, as determined by the national highway traffic safety 16 31 administration (NHTSA), are eligible to receive grant funds 16 32 (65 percent of current 402 moneys) to enhance their drunk 16 33 driving prevention programs. 16 34 The bill establishes minimum periods of "hard" suspension 16 35 (no driving privileges) for persons driving while intoxicated. 17 1 Minimum revocation periods of 30 days are established if 17 2 the person submitted to and failed a chemical test resulting 17 3 in an indication of an alcohol concentration of .10 or more, 17 4 90 days if the person refuses to submit to a chemical test, 17 5 and one year for a person who had had one or more previous 17 6 revocations under chapter 321J within the previous six years. 17 7 This bill requires that the local prosecuting attorney and 17 8 the state department of transportation be given notice by the 17 9 clerk of the district court of, and the opportunity to request 17 10 a hearing on, a petition for a temporary restricted license 17 11 pursuant to section 321J.4. 17 12 The bill further provides for a reduction of the effective 17 13 date of revocation from 20 to 10 days and requires that a 17 14 request for hearing must be completed and returned to the 17 15 department within 10 days (currently 30) upon receipt of 17 16 notice of revocation. The bill also reduces the time within 17 17 which a new hearing after a hearing result is contested. 17 18 Under the bill persons subject to judicial, as well as 17 19 administrative, revocation are subject to "hard" suspension 17 20 provisions. 17 21 This bill also provides for the administrative revocation 17 22 of the motor vehicle license or nonresident operating 17 23 privileges of persons under the age of 21 who are found to be 17 24 operating a motor vehicle while having an alcohol 17 25 concentration level of .02 or greater, but less than .10. The 17 26 revocations are for 30 days for a first offense and 90 days 17 27 for a second or subsequent offense. Under the bill, once the 17 28 period of revocation ends the individual is not subject to the 17 29 motor vehicle financial responsibility provisions, but if the 17 30 person drives while the person's license is revoked, criminal 17 31 penalties will apply. A person whose license or operating 17 32 privilege is revoked under the new provisions is required to 17 33 pay the civil penalty to regain the person's license or 17 34 privilege. The implied consent provisions and the two-hour 17 35 limitation on chemical test results do apply to the requests 18 1 for chemical testing under the .02 standard. Under the bill, 18 2 persons whose licenses are revoked for being over the .02 18 3 level are not eligible to receive temporary restricted 18 4 licenses during the period of revocation. Provision is made 18 5 for destruction of records relating to the revocation under 18 6 the new provisions after the revocation is 12 years old. 18 7 LSB 2135SC 76 18 8 lh/jj/8
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