Text: HF00245 Text: HF00247 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.1, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. "Controlled substance" means any 1 4 drug, substance, or compound that is listed in section 124.204 1 5 or 124.206, or any metabolite or derivative of the drug, 1 6 substance, or compound. 1 7 Sec. 2. Section 321J.2, Code 1997, is amended to read as 1 8 follows: 1 9 321J.2 OPERATING WHILE INTOXICATEDUNDER THE INFLUENCE OF1 10ALCOHOL OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF1 11.10 OR MORE(OWI). 1 12 1. A person commits the offense of operating while 1 13 intoxicated if the person operates a motor vehicle in this 1 14 state ineitherany of the following conditions: 1 15 a. While under the influence of an alcoholic beverage or 1 16 other drug or a combination of such substances. 1 17 b. While having an alcohol concentrationas defined in1 18section 321J.1of .10 or more. 1 19 c. While any amount of a controlled substance is present 1 20 in the person, as measured in the person's blood or urine. 1 21 2. A person who violatesthis sectionsubsection 1 1 22 commits: 1 23 a. A serious misdemeanor for the first offense, and shall 1 24 be imprisoned in the county jail for not less than forty-eight 1 25 hours to be served as ordered by the court, less credit for 1 26 any time the person was confined in a jail or detention 1 27 facility following arrest, and assessed a fine of not less 1 28 than five hundred dollars nor more than one thousand dollars. 1 29 As an alternative to a portion or all of the fine, the court 1 30 may order the person to perform not more than two hundred 1 31 hours of unpaid community service. The court may accommodate 1 32 the sentence to the work schedule of the defendant. 1 33 b. An aggravated misdemeanor for a second offense, and 1 34 shall be imprisoned in the county jail or community-based 1 35 correctional facility not less than seven days, which minimum 2 1 term cannot be suspended notwithstanding section 901.5, 2 2 subsection 3, and section 907.3, subsection 3, and assessed a 2 3 fine of not less than seven hundred fifty dollars. 2 4 c. A class "D" felony for a third offense and each 2 5 subsequent offense, and shall be imprisoned in the county jail 2 6 for a determinate sentence of not more than one year but not 2 7 less than thirty days, or committed to the custody of the 2 8 director of the department of corrections, and assessed a fine 2 9 of not less than seven hundred fifty dollars. The minimum 2 10 jail term of thirty days cannot be suspended notwithstanding 2 11 section 901.5, subsection 3, and section 907.3, subsection 3, 2 12 however, the person sentenced shall receive credit for any 2 13 time the person was confined in a jail or detention facility 2 14 following arrest. If a person is committed to the custody of 2 15 the director of the department of corrections pursuant to this 2 16 paragraph and the sentence is suspended, the sentencing court 2 17 shall order that the offender serve the thirty-day minimum 2 18 term in the county jail. If the sentence which commits the 2 19 person to the custody of the director of the department of 2 20 corrections is later imposed by the court, all time served in 2 21 a county jail toward the thirty-day minimum term shall count 2 22 as time served toward the sentence which committed the person 2 23 to the custody of the director of the department of 2 24 corrections. A person convicted of a second or subsequent 2 25 offense shall be ordered to undergo a substance abuse 2 26 evaluation prior to sentencing. If a person is convicted of a 2 27 third or subsequent offense or if the evaluation recommends 2 28 treatment, the offender may be committed to the custody of the 2 29 director of the department of corrections, who, if the 2 30 sentence is not suspended, shall assign the person to a 2 31 facility pursuant to section 904.513 or the offender may be 2 32 committed to treatment in the community under the provisions 2 33 of section 907.6. 2 34 A minimum term of imprisonment in a county jail or 2 35 community-based correctional facility imposed on a person 3 1 convicted of a second or subsequent offense under paragraph 3 2 "b" or "c" shall be served on consecutive days. However, if 3 3 the sentencing court finds that service of the full minimum 3 4 term on consecutive days would work an undue hardship on the 3 5 person, or finds that sufficient jail space is not available 3 6 and is not reasonably expected to become available within four 3 7 months after sentencing to incarcerate the person serving the 3 8 minimum sentence on consecutive days, the court may order the 3 9 person to serve not less than forty-eight consecutive hours of 3 10 the minimum term and to perform a specified number of hours of 3 11 unpaid community service as deemed appropriate by the 3 12 sentencing court. 3 13 3. No conviction for, deferred judgment for, or plea of 3 14 guilty to, a violation of this section which occurred more 3 15 than six years prior to the date of the violation charged 3 16 shall be considered in determining that the violation charged 3 17 is a second, third, or subsequent offense. For the purpose of 3 18 determining if a violation charged is a second, third,or 3 19 subsequent offense, deferred judgments pursuant to section 3 20 907.3 for violations of this section and convictions or the 3 21 equivalent of deferred judgments for violations in any other 3 22 states under statutes substantially corresponding to this 3 23 section shall be counted as previous offenses. The courts 3 24 shall judicially notice the statutes of other states which 3 25 define offenses substantially equivalent to the one defined in 3 26 this section and can therefore be considered corresponding 3 27 statutes. Each previous violation on which conviction or 3 28 deferral of judgment was entered prior to the date of the 3 29 violation charged shall be considered and counted as a 3 30 separate previous offense. 3 31 4. A person shall not be convicted and sentenced for more 3 32 than one violation of this section for actions arising out of 3 33 the same event or occurrence, even if theviolation is shown3 34to have been committed by either or both of the means3 35describedevent or occurrence involves more than one of the 4 1 conditions specified in subsection 1in the same occurrence. 4 2 5. The clerk of court shall immediately certify to the 4 3 department a true copy of each order entered with respect to 4 4 deferral of judgment, deferral of sentence or pronouncement of 4 5 judgment and sentence for a defendant under this section. 4 6 6. a. This section does not apply to a person operating a 4 7 motor vehicle while under the influence of a drug if the 4 8 substance was prescribed for the person and was taken under 4 9 the prescription and in accordance with the directions of a 4 10 medical practitioner as defined in chapter 155A, if there is 4 11 no evidence of the consumption of alcohol and the medical 4 12 practitioner had not directed the person to refrain from 4 13 operating a motor vehicle. 4 14 b. When charged with a violation of subsection 1, 4 15 paragraph "c", a person may assert, as an affirmative defense, 4 16 that the controlled substance present in the person's blood or 4 17 urine was prescribed for the person and was taken in 4 18 accordance with the directions of a practitioner as defined in 4 19 section 155A.3. 4 20 7. In any prosecution under this section, evidence of the 4 21 results of analysis of a specimen of the defendant's blood, 4 22 breath, or urine is admissible upon proof of a proper 4 23 foundation. 4 24 a. The alcohol concentration established by the results of 4 25 an analysis of a specimen of the defendant's blood, breath, or 4 26 urine withdrawn within two hours after the defendant was 4 27 driving or in physical control of a motor vehicle is presumed 4 28 to be the alcohol concentration at the time of driving or 4 29 being in physical control of the motor vehicle. 4 30 b. The presence of a controlled substance or other drug 4 31 established by the results of analysis of a specimen of the 4 32 defendant's blood or urine withdrawn within two hours after 4 33 the defendant was driving or in physical control of a motor 4 34 vehicle is presumed to show the presence of such controlled 4 35 substance or other drug in the defendant at the time of 5 1 driving or being in physical control of the motor vehicle. 5 2 8. The court shall order a defendant convicted of or 5 3 receiving a deferred judgment for a violation of this section 5 4 to make restitution,in an amount not to exceed two thousand 5 5 dollars, for damages resulting directly from the violation. 5 6 An amount paid pursuant to this restitution order shall be 5 7 credited toward any adverse judgment in a subsequent civil 5 8 proceeding arising from the same occurrence. However, other 5 9 than establishing a credit, a restitution proceeding pursuant 5 10 to this section shall not be given evidentiary or preclusive 5 11 effect in a subsequent civil proceeding arising from the same 5 12 occurrence. 5 13 9. In any prosecution under this section, the results of a 5 14 chemical test may not be used to prove a violationof5 15paragraph "b"of subsection 1 if the alcohol, controlled 5 16 substance, or other drug concentration indicated by the 5 17 chemical test minus the established margin of error inherent 5 18 in the device or method used to conduct the chemical test does 5 19 not equalan alcohol concentration of .10 or moreor exceed 5 20 the level prohibited by subsection 1. 5 21 Sec. 3. Section 321J.4, subsection 3, paragraph b, 5 22 subparagraph (2), Code 1997, is amended to read as follows: 5 23 (2) The defendant has not been convicted, since the date 5 24 of the revocation order, of any subsequent violations of 5 25 section 321J.2 or 123.46, or any comparable city or county 5 26 ordinance, and the defendant has not, since the date of the 5 27 revocation order, submitted to a chemical test under this 5 28 chapter that indicated the presence of a controlled substance, 5 29 a drug other than alcohol, a combination of alcohol and 5 30 another drug, or an alcohol concentrationas defined in5 31section 321J.1 of .10 or morein excess of the level 5 32 prohibited in section 321J.2, or refused to submit to chemical 5 33 testing under this chapter. 5 34 Sec. 4. Section 321J.6, subsection 1, paragraphs d and f, 5 35 Code 1997, are amended to read as follows: 6 1 d. The preliminary breath screening test was administered 6 2 and it indicated an alcohol concentrationas defined inequal 6 3 to or in excess of the level prohibited by section321J.1 of6 4.10 or more321J.2. 6 5 f. The preliminary breath screening test was administered 6 6 and it indicated an alcohol concentrationofless than0.106 7 the level prohibited by section 321J.2, and the peace officer 6 8 has reasonable grounds to believe that the person was under 6 9 the influence of a controlled substance, a drug other than 6 10 alcohol, or a combination of alcohol and another drug. 6 11 Sec. 5. Section 321J.8, subsection 2, Code 1997, is 6 12 amended to read as follows: 6 13 2. If the person submits to the test and the results 6 14 indicate the presence of a controlled substance or other drug, 6 15 or an alcohol concentrationas defined inequal to or in 6 16 excess of the level prohibited by section321J.1 of .10 or6 17more, or the person is under the age of twenty-one and the6 18results indicate an alcohol concentration of .02 or more, but6 19less than .10321J.2 or 321J.2A, the person's motor vehicle 6 20 license or nonresident operating privilege will be revoked by 6 21 the department as required by and for the applicable period 6 22 specified under section 321J.12. 6 23 Sec. 6. Section 321J.10, subsection 4, Code 1997, is 6 24 amended to read as follows: 6 25 4. a. Search warrants issued under this section shall 6 26 authorize and direct peace officers to secure the withdrawal 6 27 of blood specimens by medical personnel under section 321J.11. 6 28 Reasonable care shall be exercised to ensure the health and 6 29 safety of the persons from whom specimens are withdrawn in 6 30 execution of the warrants. 6 31 b. If a person from whom a specimen is to be withdrawn 6 32 objects to the withdrawal of blood,andthe warrant may be 6 33 executed according to the following: 6 34 (1)theThe person is capable of giving a specimen of 6 35 breath, and a direct breath testing instrument is readily 7 1 available, the warrant may be executed by the withdrawal of a 7 2 specimen of breath for chemical testing. 7 3 (2) If the testimony in support of the warrant sets forth 7 4 facts and information that the peace officer has reasonable 7 5 grounds to believe that the person was under the influence of 7 6 a controlled substance, a drug other than alcohol, or a 7 7 combination of alcohol and another drug, a urine test may be 7 8 executed, if the person is capable of giving a urine sample 7 9 and materials for testing the urine sample are readily 7 10 available. 7 11 Sec. 7. Section 321J.12, subsections 1, 3, 4, and 6, Code 7 12 1997, are amended to read as follows: 7 13 1. Upon certification, subject to penalty for perjury, by 7 14 the peace officer that there existed reasonable grounds to 7 15 believe that the person had been operating a motor vehicle in 7 16 violation of section 321J.2, that there existed one or more of 7 17 the necessary conditions for chemical testing described in 7 18 section 321J.6, subsection 1, and that the person submitted to 7 19 chemical testing and the test results indicated the presence 7 20 of a controlled substance or other drug, or an alcohol 7 21 concentrationas defined inequal to or in excess of the level 7 22 prohibited by section321J.1 of .10 or more321J.2, or a 7 23 combination of alcohol and another drug in violation of 7 24 section 321J.2, the department shall revoke the person's motor 7 25 vehicle license or nonresident operating privilege for the 7 26 following periods of time: 7 27 a. One hundred eighty days if the person has had no 7 28 revocation within the previous six years under this chapter. 7 29 b. One year if the person has had one or more previous 7 30 revocations within the previous six years under this chapter. 7 31 3. The effective date of the revocation shall be ten days 7 32 after the department has mailed notice of revocation to the 7 33 person by certified mail. The peace officer who requested or 7 34 directed the administration of the chemical test may, on 7 35 behalf of the department, serve immediate notice of revocation 8 1 on a person whose test results indicated the presence of a 8 2 controlled substance or other drug, or an alcohol 8 3 concentrationof .10 or moreequal to or in excess of the 8 4 level prohibited by section 321J.2, or a combination of 8 5 alcohol and another drug in violation of 321J.2. 8 6 4. If the peace officer serves that immediate notice, the 8 7 peace officer shall take the person's Iowa license or permit, 8 8 if any, and issue a temporary license valid only for ten days. 8 9 The peace officer shall immediately send the person's driver's 8 10 license to the department along with the officer's certificate 8 11 indicating that the test results indicated the presence of a 8 12 controlled substance or other drug, or an alcohol 8 13 concentrationof .10 or moreequal to or in excess of the 8 14 level prohibited by section 321J.2. 8 15 6. The results of a chemical test may not be used as the 8 16 basis for a revocation of a person's motor vehicle license or 8 17 nonresident operating privilege if the alcohol or drug 8 18 concentration indicated by the chemical test minus the 8 19 established margin of error inherent in the device or method 8 20 used to conduct the chemical testdoesis not equalan alcohol8 21concentration of .10 or more for violations underto or in 8 22 excess of the level prohibited by section 321J.2 orof .02 or8 23more for violations of section321J.2A. 8 24 Sec. 8. Section 321J.13, subsection 2, Code 1997, is 8 25 amended to read as follows: 8 26 2. The department shall grant the person an opportunity to 8 27 be heard within forty-five days of receipt of a request for a 8 28 hearing if the request is made not later than ten days after 8 29 receipt of notice of revocation served pursuant to section 8 30 321J.9 or 321J.12. The hearing shall be before the department 8 31 in the county where the alleged events occurred, unless the 8 32 director and the person agree that the hearing may be held in 8 33 some other county, or the hearing may be held by telephone 8 34 conference at the discretion of the agency conducting the 8 35 hearing. The hearing may be recorded and its scope shall be 9 1 limited to the issues of whether a peace officer had 9 2 reasonable grounds to believe that the person was operating a 9 3 motor vehicle in violation of section 321J.2 orsection9 4 321J.2A andeitherone or more of the following: 9 5 a. Whether the person refused to submit to the test or 9 6 tests. 9 7 b. Whether a test was administered and the test results 9 8 indicated an alcohol concentrationas defined inequal to or 9 9 in excess of the level prohibited under section321J.1 of .109 10or more or whether a test was administered and the test9 11results indicated an alcohol concentration as defined in9 12section 321J.1 of .02 or more pursuant to section321J.2 or 9 13 321J.2A. 9 14 c. Whether a test was administered and the test results 9 15 indicated the presence of alcohol, a controlled substance or 9 16 other drug, or a combination of both alcohol and a drug, in 9 17 violation of section 321J.2. 9 18 Sec. 9. Section 707.6A, subsection 1, paragraph a, Code 9 19 1997, is amended to read as follows: 9 20 a. Operating a motor vehicle whileunder the influence of9 21alcohol or other drug or a combination of such substances or9 22while having an alcohol concentrationintoxicated, asdefined9 23inprohibited by section321J.1, subsection 1, of .10 or more9 24 321J.2. Upon a plea or verdict of guilty of a violation of 9 25 this paragraph, the court shall order the state department of 9 26 transportation to revoke the defendant's motor vehicle license 9 27 or nonresident operating privileges for a period of six years. 9 28 The defendant shall surrender to the court any Iowa license or 9 29 permit and the court shall forwarditthe license or permit to 9 30 the department with a copy of the revocation order. 9 31 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 32 3, shall not apply to this Act. 9 33 EXPLANATION 9 34 This bill amends Code section 321J.1 by adding a definition 9 35 for "controlled substance", as used in chapter 321J, to refer 10 1 to drugs listed under schedule I or II of chapter 124. 10 2 This bill amends Code section 321J.2 by adding an OWI 10 3 offense for a person who operates a motor vehicle after taking 10 4 any amount of controlled substance listed in schedule I or II. 10 5 Conforming amendments reflecting this change are made 10 6 throughout chapter 321J, and in Code section 707.6A. 10 7 This bill further amends Code section 321J.2 by adding an 10 8 affirmative defense to OWI charges for prescribed medication 10 9 when a controlled substance violation is charged. The bill 10 10 also adds a legal presumption regarding blood or urine 10 11 specimens for controlled substance violations. 10 12 This bill may include a state mandate as defined in chapter 10 13 25B. This bill makes inapplicable section 25B.2, which would 10 14 relieve a political subdivision from complying with a state 10 15 mandate if funding for the cost of the state mandate is not 10 16 provided or specified. Therefore, political subdivisions are 10 17 required to comply with any state mandate included in this 10 18 bill. 10 19 LSB 1856HH 77 10 20 jls/jj/8
Text: HF00245 Text: HF00247 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Feb 26 03:40:32 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00200/HF00246/970214.html
jhf