Text: HF00188 Text: HF00190 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, Code 1997, is amended to read 1 2 as follows: 1 3 321J.2 OPERATING WHILE INTOXICATEDUNDER THE INFLUENCE OF1 4ALCOHOL OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF1 5.10 OR MORE(OWI). 1 6 1. A person commits the offense of operating while 1 7 intoxicated if the person operates a motor vehicle in this 1 8 state ineitherany of the following conditions: 1 9 a. While under the influence of an alcoholic beverage or 1 10 other drug or a combination of such substances. 1 11 b. While having an alcohol concentrationas defined in1 12section 321J.1of.10.08 or more. 1 13 2. A person who violatesthis sectionsubsection 1 1 14 commits: 1 15 a. A serious misdemeanor for the first offense, and shall 1 16 be imprisoned in the county jail for not less than forty-eight 1 17 hours to be served as ordered by the court, less credit for 1 18 any time the person was confined in a jail or detention 1 19 facility following arrest, and assessed a fine of not less 1 20 than five hundred dollars nor more than one thousand dollars. 1 21 As an alternative to a portion or all of the fine, the court 1 22 may order the person to perform not more than two hundred 1 23 hours of unpaid community service. The court may accommodate 1 24 the sentence to the work schedule of the defendant. 1 25 b. An aggravated misdemeanor for a second offense, and 1 26 shall be imprisoned in the county jail or community-based 1 27 correctional facility not less than seven days, which minimum 1 28 term cannot be suspended notwithstanding section 901.5, 1 29 subsection 3 and section 907.3, subsection 3, and assessed a 1 30 fine of not less than seven hundred fifty dollars. 1 31 c. A class "D" felony for a third offense and each 1 32 subsequent offense, and shall be imprisoned in the county jail 1 33 for a determinate sentence of not more than one year but not 1 34 less than thirty days, or committed to the custody of the 1 35 director of the department of corrections, and assessed a fine 2 1 of not less than seven hundred fifty dollars. The minimum 2 2 jail term of thirty days cannot be suspended notwithstanding 2 3 section 901.5, subsection 3, and section 907.3, subsection 3, 2 4 however, the person sentenced shall receive credit for any 2 5 time the person was confined in a jail or detention facility 2 6 following arrest. If a person is committed to the custody of 2 7 the director of the department of corrections pursuant to this 2 8 paragraph and the sentence is suspended, the sentencing court 2 9 shall order that the offender serve the thirty-day minimum 2 10 term in the county jail. If the sentence which commits the 2 11 person to the custody of the director of the department of 2 12 corrections is later imposed by the court, all time served in 2 13 a county jail toward the thirty-day minimum term shall count 2 14 as time served toward the sentence which committed the person 2 15 to the custody of the director of the department of 2 16 corrections. A person convicted of a second or subsequent 2 17 offense shall be ordered to undergo a substance abuse 2 18 evaluation prior to sentencing. If a person is convicted of a 2 19 third or subsequent offense or if the evaluation recommends 2 20 treatment, the offender may be committed to the custody of the 2 21 director of the department of corrections, who, if the 2 22 sentence is not suspended, shall assign the person to a 2 23 facility pursuant to section 904.513 or the offender may be 2 24 committed to treatment in the community under the provisions 2 25 of section 907.6. 2 26 A minimum term of imprisonment in a county jail or 2 27 community-based correctional facility imposed on a person 2 28 convicted of a second or subsequent offense under paragraph 2 29 "b" or "c" shall be served on consecutive days. However, if 2 30 the sentencing court finds that service of the full minimum 2 31 term on consecutive days would work an undue hardship on the 2 32 person, or finds that sufficient jail space is not available 2 33 and is not reasonably expected to become available within four 2 34 months after sentencing to incarcerate the person serving the 2 35 minimum sentence on consecutive days, the court may order the 3 1 person to serve not less than forty-eight consecutive hours of 3 2 the minimum term and to perform a specified number of hours of 3 3 unpaid community service as deemed appropriate by the 3 4 sentencing court. 3 5 3. No conviction for, deferred judgment for, or plea of 3 6 guilty to, a violation of this section which occurred more 3 7 than six years prior to the date of the violation charged 3 8 shall be considered in determining that the violation charged 3 9 is a second, third, or subsequent offense. For the purpose of 3 10 determining if a violation charged is a second, third,or 3 11 subsequent offense, deferred judgments pursuant to section 3 12 907.3 for violations of this section and convictions or the 3 13 equivalent of deferred judgments for violations in any other 3 14 states under statutes substantially corresponding to this 3 15 section shall be counted as previous offenses. The courts 3 16 shall judicially notice the statutes of other states which 3 17 define offenses substantially equivalent to the one defined in 3 18 this section and can therefore be considered corresponding 3 19 statutes. Each previous violation on which conviction or 3 20 deferral of judgment was entered prior to the date of the 3 21 violation charged shall be considered and counted as a 3 22 separate previous offense. 3 23 4. A person shall not be convicted and sentenced for more 3 24 than one violation of this section for actions arising out of 3 25 the same event or occurrence, even if theviolation is shown3 26to have been committed by either or both of the means3 27describedevent or occurrence involves more than one of the 3 28 conditions specified in subsection 1in the same occurrence. 3 29 5. The clerk of the district court shall immediately 3 30 certify to the department a true copy of each order entered 3 31 with respect to deferral of judgment, deferral of sentence or 3 32 pronouncement of judgment and sentence for a defendant under 3 33 this section. 3 34 6. This section does not apply to a person operating a 3 35 motor vehicle while under the influence of a drug if the 4 1 substance was prescribed for the person and was taken under 4 2 the prescription and in accordance with the directions of a 4 3 medical practitioner as defined in chapter 155A, if there is 4 4 no evidence of the consumption of alcohol and the medical 4 5 practitioner had not directed the person to refrain from 4 6 operating a motor vehicle. 4 7 7. In any prosecution under this section, evidence of the 4 8 results of analysis of a specimen of the defendant's blood, 4 9 breath, or urine is admissible upon proof of a proper 4 10 foundation. 4 11 The alcohol concentration established by the results of an 4 12 analysis of a specimen of the defendant's blood, breath, or 4 13 urine withdrawn within two hours after the defendant was 4 14 driving or in physical control of a motor vehicle is presumed 4 15 to be the alcohol concentration at the time of driving or 4 16 being in physical control of the motor vehicle. 4 17 8. The court shall order a defendant convicted of or 4 18 receiving a deferred judgment for a violation of this section 4 19 to make restitution, in an amount not to exceed two thousand 4 20 dollars, for damages resulting directly from the violation. 4 21 An amount paid pursuant to this restitution order shall be 4 22 credited toward any adverse judgment in a subsequent civil 4 23 proceeding arising from the same occurrence. However, other 4 24 than establishing a credit, a restitution proceeding pursuant 4 25 to this section shall not be given evidentiary or preclusive 4 26 effect in a subsequent civil proceeding arising from the same 4 27 occurrence. 4 28 9. In any prosecution under this section, the results of a 4 29 chemical test may not be used to prove a violation of 4 30 paragraph "b" of subsection 1 if the alcohol concentration 4 31 indicated by the chemical test minus the established margin of 4 32 error inherent in the device or method used to conduct the 4 33 chemical test does not equalan alcohol concentration of .104 34or moreor exceed the level prohibited by subsection 1. 4 35 Sec. 2. Section 321J.4, subsection 3, paragraph b, 5 1 subparagraph (2), Code 1997, is amended to read as follows: 5 2 (2) The defendant has not been convicted, since the date 5 3 of the revocation order, of any subsequent violations of 5 4 section 321J.2 or 123.46, or any comparable city or county 5 5 ordinance, and the defendant has not, since the date of the 5 6 revocation order, submitted to a chemical test under this 5 7 chapter that indicated an alcohol concentrationas defined in5 8section 321J.1 of .10 or moreequal to or in excess of the 5 9 level prohibited in section 321J.2, or refused to submit to 5 10 chemical testing under this chapter. 5 11 Sec. 3. Section 321J.6, subsection 1, paragraphs d and f, 5 12 Code 1997, are amended to read as follows: 5 13 d. The preliminary breath screening test was administered 5 14 and it indicated an alcohol concentrationas defined inequal 5 15 to or in excess of the level prohibited by section321J.1 of5 16.10 or more321J.2. 5 17 f. The preliminary breath screening test was administered 5 18 and it indicated an alcohol concentrationofless than0.105 19 the level prohibited by section 321J.2, and the peace officer 5 20 has reasonable grounds to believe that the person was under 5 21 the influence of a drug other than alcohol, or a combination 5 22 of alcohol and another drug. 5 23 Sec. 4. Section 321J.8, subsection 2, Code 1997, is 5 24 amended to read as follows: 5 25 2. If the person submits to the test and the results 5 26 indicate an alcohol concentrationas defined inequal to or in 5 27 excess of the level prohibited by section321J.1 of .10 or5 28more, or the person is under the age of twenty-one and the5 29results indicate an alcohol concentration of .02 or more, but5 30less than .10321J.2 or 321J.2A, the person's motor vehicle 5 31 license or nonresident operating privilege will be revoked by 5 32 the department as required by and for the applicable period 5 33 specified under section 321J.12. 5 34 Sec. 5. Section 321J.12, subsections 1, 3, 4, 5, and 6, 5 35 Code 1997, are amended to read as follows: 6 1 1. Upon certification, subject to penalty for perjury, by 6 2 the peace officer that there existed reasonable grounds to 6 3 believe that the person had been operating a motor vehicle in 6 4 violation of section 321J.2, that there existed one or more of 6 5 the necessary conditions for chemical testing described in 6 6 section 321J.6, subsection 1, and that the person submitted to 6 7 chemical testing and the test results indicated an alcohol 6 8 concentrationas defined inequal to or in excess of the level 6 9 prohibited by section321J.1 of .10 or more321J.2, the 6 10 department shall revoke the person's motor vehicle license or 6 11 nonresident operating privilege for the following periods of 6 12 time: 6 13 a. One hundred eighty days if the person has had no 6 14 revocation within the previous six years under this chapter. 6 15 b. One year if the person has had one or more previous 6 16 revocations within the previous six years under this chapter. 6 17 3. The effective date of the revocation shall be ten days 6 18 after the department has mailed notice of revocation to the 6 19 person by certified mail. The peace officer who requested or 6 20 directed the administration of the chemical test may, on 6 21 behalf of the department, serve immediate notice of revocation 6 22 on a person whose test results indicated an alcohol 6 23 concentrationof .10 or moreequal to or in excess of the 6 24 level prohibited by section 321J.2. 6 25 4. If the peace officer serves that immediate notice, the 6 26 peace officer shall take the person's Iowa license or permit, 6 27 if any, and issue a temporary license valid only for ten days. 6 28 The peace officer shall immediately send the person's driver's 6 29 license to the department along with the officer's certificate 6 30 indicating that the test results indicated an alcohol 6 31 concentrationof .10 or moreequal to or in excess of the 6 32 level prohibited by section 321J.2. 6 33 5. Upon certification, subject to penalty of perjury, by 6 34 the peace officer that there existed reasonable grounds to 6 35 believe that the person had been operating a motor vehicle in 7 1 violation of section 321J.2A, that there existed one or more 7 2 of the necessary conditions for chemical testing described in 7 3 section 321J.6, subsection 1, and that the person submitted to 7 4 chemical testing and the test results indicated an alcohol 7 5 concentrationas defined in section 321J.1 of .02 or more but7 6less than .10equal to or in excess of the level prohibited by 7 7 section 321J.2A, the department shall revoke the person's 7 8 motor vehicle license or operating privilege for a period of 7 9 sixty days if the person has had no revocations within the 7 10 previous six years under section 321J.2A, and for a period of 7 11 ninety days if the person has had one or more previous 7 12 revocations within the previous six years under section 7 13 321J.2A. 7 14 6. The results of a chemical test may not be used as the 7 15 basis for a revocation of a person's motor vehicle license or 7 16 nonresident operating privilege if the alcohol concentration 7 17 indicated by the chemical test minus the established margin of 7 18 error inherent in the device or method used to conduct the 7 19 chemical testdoesis not equalan alcohol concentration of7 20.10 or more for violations underto or in excess of the level 7 21 prohibited by section 321J.2 orof .02 or more for violations7 22of section321J.2A. 7 23 Sec. 6. Section 321J.13, subsection 2, Code 1997, is 7 24 amended to read as follows: 7 25 2. The department shall grant the person an opportunity to 7 26 be heard within forty-five days of receipt of a request for a 7 27 hearing if the request is made not later than ten days after 7 28 receipt of notice of revocation served pursuant to section 7 29 321J.9 or 321J.12. The hearing shall be before the department 7 30 in the county where the alleged events occurred, unless the 7 31 director and the person agree that the hearing may be held in 7 32 some other county, or the hearing may be held by telephone 7 33 conference at the discretion of the agency conducting the 7 34 hearing. The hearing may be recorded and its scope shall be 7 35 limited to the issues of whether a peace officer had 8 1 reasonable grounds to believe that the person was operating a 8 2 motor vehicle in violation of section 321J.2 orsection8 3 321J.2A and either of the following: 8 4 a. Whether the person refused to submit to the test or 8 5 tests. 8 6 b. Whether a test was administered and the test results 8 7 indicated an alcohol concentrationas defined inequal to or 8 8 in excess of the level prohibited under section321J.1 of .108 9or more or whether a test was administered and the test8 10results indicated an alcohol concentration as defined in8 11section 321J.1 of .02 or more pursuant to section321J.2 or 8 12 321J.2A. 8 13 Sec. 7. Section 707.6A, subsection 1, paragraph a, Code 8 14 1997, is amended to read as follows: 8 15 a. Operating a motor vehicle whileunder the influence of8 16alcohol or other drug or a combination of such substances or8 17while having an alcohol concentrationintoxicated, asdefined8 18inprohibited by section321J.1, subsection 1, of .10 or more8 19 321J.2. Upon a plea or verdict of guilty of a violation of 8 20 this paragraph, the court shall order the state department of 8 21 transportation to revoke the defendant's motor vehicle license 8 22 or nonresident operating privileges for a period of six years. 8 23 The defendant shall surrender to the court any Iowa license or 8 24 permit and the court shall forwarditthe license or permit to 8 25 the department with a copy of the revocation order. 8 26 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection 8 27 3, shall not apply to this Act. 8 28 EXPLANATION 8 29 This bill amends Code section 321J.2 by decreasing the 8 30 necessary concentration of blood alcohol level necessary for 8 31 the violation of operating a motor vehicle while intoxicated 8 32 from .10 to .08. Conforming amendments reflecting these 8 33 changes are made throughout chapter 321J, and in section 8 34 707.6A. 8 35 This bill may include a state mandate as defined in chapter 9 1 25B. This bill makes inapplicable section 25B.2, subsection 9 2 3, which would relieve a political subdivision from complying 9 3 with a state mandate if funding for the cost of the state 9 4 mandate is not provided or specified. Therefore, political 9 5 subdivisions are required to comply with any state mandate 9 6 included in this bill. 9 7 LSB 1403HH 77 9 8 jls/jj/8
Text: HF00188 Text: HF00190 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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