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PAG LIN 1 1 Section 1. Section 321.12, Code 1997, is amended to read 1 2 as follows: 1 3 321.12 OBSOLETE RECORDS DESTROYED. 1 4 The director may destroy any records of the department 1 5 which have been maintained on file for three years which the 1 6 director deems obsolete and of no further service in carrying 1 7 out the powers and duties of the department. However, 1 8 operating records relating to a person who has been issued a 1 9 commercial driver's license shall be maintained on file in 1 10 accordance with rules adopted by the department. Records 1 11 concerning suspensions authorized under section 321.210, 1 12 subsection 1, paragraph "g", and section 321.210A may be 1 13 destroyed six months after the suspension is terminated and 1 14 the requirements of section 321.191 have been satisfied. 1 15 Records concerning suspensions and surrender of licenses or 1 16 registrations required under section 321A.31 for failing to 1 17 maintain proof of financial responsibility, as defined in 1 18 section 321A.1, may be destroyed six months after the 1 19 requirements of sections 321.191 and 321A.29 have been 1 20 satisfied. 1 21 The director shall not destroy any operating records 1 22 pertaining to arrests or convictions for operating while 1 23 intoxicated,in violation of section 321J.2,which are more1 24than twelve years oldor for violations of section 321J.2A. 1 25The twelve-year period shall commence with the date of the1 26arrest or conviction for the offense, whichever first occurs.1 27However, the director shall not destroy operating records1 28which pertain to arrests or convictions for operating while1 29intoxicated after the expiration of twelve years when the1 30motor vehicle being operated was a commercial motor vehicle or1 31if all of the provisions of the court order have not been1 32satisfied.1 33The director shall destroy any operating records pertaining1 34to revocations for violations of section 321J.2A which are1 35more than twelve years old. The twelve-year period shall2 1commence with the date the revocation of the person's2 2operating privileges becomes effective. This paragraph shall2 3not apply to records of revocations which pertain to2 4violations of section 321J.2A by persons operating a2 5commercial motor vehicle.2 6 Sec. 2. Section 321J.2, Code 1997, is amended to read as 2 7 follows: 2 8 321J.2 OPERATING WHILE INTOXICATEDUNDER THE INFLUENCE OF2 9ALCOHOL OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF2 10.10 OR MORE(OWI). 2 11 1. A person commits the offense of operating while 2 12 intoxicated if the person operates a motor vehicle in this 2 13 state ineitherany of the following conditions: 2 14 a. While under the influence of an alcoholic beverage or 2 15 other drug or a combination of such substances. 2 16 b. While having an alcohol concentrationas defined in2 17section 321J.1of .10 or more. 2 18 2. A person who violatesthis sectionsubsection 1 2 19 commits: 2 20 a. A serious misdemeanor for the first offense, and shall 2 21 be imprisoned in the county jail for not less than forty-eight 2 22 hours to be served as ordered by the court, less credit for 2 23 any time the person was confined in a jail or detention 2 24 facility following arrest, and assessed a fine of not less 2 25 than five hundred dollars nor more than one thousand dollars. 2 26 As an alternative to a portion or all of the fine, the court 2 27 may order the person to perform not more than two hundred 2 28 hours of unpaid community service. The court may accommodate 2 29 the sentence to the work schedule of the defendant. 2 30 b. An aggravated misdemeanor for a second offense, and 2 31 shall be imprisoned in the county jail or community-based 2 32 correctional facility not less than seven days, which minimum 2 33 term cannot be suspended notwithstanding section 901.5, 2 34 subsection 3 and section 907.3, subsection 3, and assessed a 2 35 fine of not less than seven hundred fifty dollars. 3 1 c. A class "D" felony for a third offense and each 3 2 subsequent offense, and shall be imprisoned in the county jail 3 3 for a determinate sentence of not more than one year but not 3 4 less than thirty days, or committed to the custody of the 3 5 director of the department of corrections, and assessed a fine 3 6 of not less than seven hundred fifty dollars. The minimum 3 7 jail term of thirty days cannot be suspended notwithstanding 3 8 section 901.5, subsection 3, and section 907.3, subsection 3, 3 9 however, the person sentenced shall receive credit for any 3 10 time the person was confined in a jail or detention facility 3 11 following arrest. If a person is committed to the custody of 3 12 the director of the department of corrections pursuant to this 3 13 paragraph and the sentence is suspended, the sentencing court 3 14 shall order that the offender serve the thirty-day minimum 3 15 term in the county jail. If the sentence which commits the 3 16 person to the custody of the director of the department of 3 17 corrections is later imposed by the court, all time served in 3 18 a county jail toward the thirty-day minimum term shall count 3 19 as time served toward the sentence which committed the person 3 20 to the custody of the director of the department of 3 21 corrections. A person convicted of a second or subsequent 3 22 offense shall be ordered to undergo a substance abuse 3 23 evaluation prior to sentencing. If a person is convicted of a 3 24 third or subsequent offense or if the evaluation recommends 3 25 treatment, the offender may be committed to the custody of the 3 26 director of the department of corrections, who, if the 3 27 sentence is not suspended, shall assign the person to a 3 28 facility pursuant to section 904.513 or the offender may be 3 29 committed to treatment in the community under the provisions 3 30 of section 907.6. 3 31 A minimum term of imprisonment in a county jail or 3 32 community-based correctional facility imposed on a person 3 33 convicted of a second or subsequent offense under paragraph 3 34 "b" or "c" shall be served on consecutive days. However, if 3 35 the sentencing court finds that service of the full minimum 4 1 term on consecutive days would work an undue hardship on the 4 2 person, or finds that sufficient jail space is not available 4 3 and is not reasonably expected to become available within four 4 4 months after sentencing to incarcerate the person serving the 4 5 minimum sentence on consecutive days, the court may order the 4 6 person to serve not less than forty-eight consecutive hours of 4 7 the minimum term and to perform a specified number of hours of 4 8 unpaid community service as deemed appropriate by the 4 9 sentencing court. 4 10 3.No conviction for, deferred judgment for, or plea of4 11guilty to, a violation of this section which occurred more4 12than six years prior to the date of the violation charged4 13shall be considered in determining that the violation charged4 14is a second, third, or subsequent offense.For the purpose of 4 15 determining if a violation charged is a second, third,or 4 16 subsequent offense, deferred judgments pursuant to section 4 17 907.3 for violations of this section and convictions or the 4 18 equivalent of deferred judgments for violations in any other 4 19 states under statutes substantially corresponding to this 4 20 section shall be counted as previous offenses. The courts 4 21 shall judicially notice the statutes of other states which 4 22 define offenses substantially equivalent to the one defined in 4 23 this section and can therefore be considered corresponding 4 24 statutes. Each previous violation on which conviction or 4 25 deferral of judgment was entered prior to the date of the 4 26 violation charged shall be considered and counted as a 4 27 separate previous offense. 4 28 4. A person shall not be convicted and sentenced for more 4 29 than one violation of this section for actions arising out of 4 30 the same event or occurrence, even if theviolation is shown4 31to have been committed by either or both of the means4 32describedevent or occurrence involves more than one of the 4 33 conditions specified in subsection 1in the same occurrence. 4 34 5. The clerk of the district court shall immediately 4 35 certify to the department a true copy of each order entered 5 1 with respect to deferral of judgment, deferral of sentence or 5 2 pronouncement of judgment and sentence for a defendant under 5 3 this section. 5 4 6. This section does not apply to a person operating a 5 5 motor vehicle while under the influence of a drug if the 5 6 substance was prescribed for the person and was taken under 5 7 the prescription and in accordance with the directions of a 5 8 medical practitioner as defined in chapter 155A, if there is 5 9 no evidence of the consumption of alcohol and the medical 5 10 practitioner had not directed the person to refrain from 5 11 operating a motor vehicle. 5 12 7. In any prosecution under this section, evidence of the 5 13 results of analysis of a specimen of the defendant's blood, 5 14 breath, or urine is admissible upon proof of a proper 5 15 foundation. 5 16 The alcohol concentration established by the results of an 5 17 analysis of a specimen of the defendant's blood, breath, or 5 18 urine withdrawn within two hours after the defendant was 5 19 driving or in physical control of a motor vehicle is presumed 5 20 to be the alcohol concentration at the time of driving or 5 21 being in physical control of the motor vehicle. 5 22 8. The court shall order a defendant convicted of or 5 23 receiving a deferred judgment for a violation of this section 5 24 to make restitution, in an amount not to exceed two thousand 5 25 dollars, for damages resulting directly from the violation. 5 26 An amount paid pursuant to this restitution order shall be 5 27 credited toward any adverse judgment in a subsequent civil 5 28 proceeding arising from the same occurrence. However, other 5 29 than establishing a credit, a restitution proceeding pursuant 5 30 to this section shall not be given evidentiary or preclusive 5 31 effect in a subsequent civil proceeding arising from the same 5 32 occurrence. 5 33 9. In any prosecution under this section, the results of a 5 34 chemical test may not be used to prove a violationof5 35paragraph "b"of subsection 1 if the alcohol concentration 6 1 indicated by the chemical test minus the established margin of 6 2 error inherent in the device or method used to conduct the 6 3 chemical test does not equalan alcohol concentration of .106 4or moreor exceed the level prohibited by subsection 1. 6 5 Sec. 3. Section 321J.4, subsection 1, Code 1997, is 6 6 amended to read as follows: 6 7 1. If a defendant is convicted of a violation of section 6 8 321J.2 and the defendant's motor vehicle license or 6 9 nonresident operating privilege has not been revoked under 6 10 section 321J.9 or 321J.12 for the occurrence from which the 6 11 arrest arose, the department shall revoke the defendant's 6 12 motor vehicle license or nonresident operating privilege for 6 13 one hundred eighty days if the defendant has had no previous 6 14 conviction or revocation under this chapterwithin the6 15previous six yearsand the defendant shall not be eligible for 6 16 any temporary restricted license for at least thirty days 6 17 after the effective date of the revocation if a test was 6 18 obtained, and for at least ninety days if a test was refused. 6 19 If the defendant is under the age of twenty-one, the defendant 6 20 shall not be eligible for a temporary restricted license for 6 21 at least sixty days after the effective date of revocation. 6 22 If a defendant is convicted of a violation of section 6 23 321J.2, and the defendant's motor vehicle license or 6 24 nonresident operating privilege has not already been revoked 6 25 under section 321J.9 or 321J.12 for the occurrence from which 6 26 the arrest arose, the department shall revoke the defendant's 6 27 motor vehicle license or nonresident operating privilege for 6 28 one year if the defendant has had one or more previous 6 29 convictions or revocations under this chapterwithin the6 30previous six years. The defendant shall not be eligible for 6 31 any temporary restricted license during the entire one-year 6 32 revocation period. 6 33 Sec. 4. Section 321J.8, subsection 2, Code 1997, is 6 34 amended to read as follows: 6 35 2. If the person submits to the test and the results 7 1 indicatean alcohol concentration as defined in section 321J.17 2of .10 or more, or the person is under the age of twenty-one7 3and the results indicate an alcohol concentration of .02 or7 4more, but less than .10a violation of section 321J.2 or 7 5 321J.2A, the person's motor vehicle license or nonresident 7 6 operating privilege will be revoked by the department as 7 7 required by and for the applicable period specified under 7 8 section 321J.12. 7 9 Sec. 5. Section 321J.9, subsection 1, paragraphs a and b, 7 10 Code 1997, are amended to read as follows: 7 11 a. Two hundred forty days if the person has no previous 7 12 revocationwithin the previous six yearsunder this chapter; 7 13 and 7 14 b. Five hundred forty days if the person has one or more 7 15 previous revocationswithin the previous six yearsunder this 7 16 chapter. 7 17 Sec. 6. Section 321J.12, subsections 1 and 5, Code 1997, 7 18 are amended to read as follows: 7 19 1. Upon certification, subject to penalty for perjury, by 7 20 the peace officer that there existed reasonable grounds to 7 21 believe that the person had been operating a motor vehicle in 7 22 violation of section 321J.2, that there existed one or more of 7 23 the necessary conditions for chemical testing described in 7 24 section 321J.6, subsection 1, and that the person submitted to 7 25 chemical testing and the test results indicated an alcohol 7 26 concentrationas defined in section 321J.1 of .10 or more,7 27 equal to or in excess of the level prohibited by section 7 28 321J.2, the department shall revoke the person's motor vehicle 7 29 license or nonresident operating privilege for the following 7 30 periods of time: 7 31 a. One hundred eighty days if the person has had no 7 32 revocationwithin the previous six yearsunder this chapter. 7 33 b. One year if the person has had one or more previous 7 34 revocationswithin the previous six yearsunder this chapter. 7 35 5. Upon certification, subject to penalty of perjury, by 8 1 the peace officer that there existed reasonable grounds to 8 2 believe that the person had been operating a motor vehicle in 8 3 violation of section 321J.2A, that there existed one or more 8 4 of the necessary conditions for chemical testing described in 8 5 section 321J.6, subsection 1, and that the person submitted to 8 6 chemical testing and the test results indicated an alcohol 8 7 concentrationas defined in section 321J.1 of .02 or more but8 8less than .10within the range prohibited by section 321J.2A, 8 9 the department shall revoke the person's motor vehicle license 8 10 or operating privilege for a period of sixty days if the 8 11 person has had no revocationswithin the previous six years8 12 under section 321J.2A, and for a period of ninety days if the 8 13 person has had one or more previous revocationswithin the8 14previous six yearsunder section 321J.2A. 8 15 Sec. 7. Section 321J.20, subsection 1, unnumbered 8 16 paragraph 1, Code 1997, is amended to read as follows: 8 17 The department may, on application, issue a temporary 8 18 restricted license to a person whose motor vehicle license is 8 19 revoked under this chapter allowing the person to drive to and 8 20 from the person's home and specified places at specified times 8 21 which can be verified by the department and which are required 8 22 by the person's full-time or part-time employment, continuing 8 23 health care or the continuing health care of another who is 8 24 dependent upon the person, continuing education while enrolled 8 25 in an educational institution on a part-time or full-time 8 26 basis and while pursuing a course of study leading to a 8 27 diploma, degree, or other certification of successful 8 28 educational completion, substance abuse treatment, and court- 8 29 ordered community service responsibilities if the person's 8 30 motor vehicle license has not been revoked previously under 8 31 section 321J.4, 321J.9, or 321J.12within the previous six8 32yearsand if any of the following apply: 8 33 Sec. 8. Section 907.3, subsection 1, paragraph g, Code 8 34 1997, is amended to read as follows: 8 35 g. The offense is a violation of section 321J.2 and,9 1within the previous six years,the person has been previously 9 2 convicted of a violation of that section or the person's 9 3 driver's license has been revoked pursuant to section 321J.4, 9 4 321J.9, or 321J.12. 9 5 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 6 3, shall not apply to this Act. 9 7 EXPLANATION 9 8 This bill amends Code section 321.12 by deleting the 9 9 requirement that the department of transportation destroy 9 10 records pertaining to OWI arrests or convictions after 12 9 11 years and requiring that such records be permanently 9 12 maintained by the department. 9 13 The bill amends Code section 321J.4 by deleting the six- 9 14 year period which a court uses in determining how many total 9 15 prior OWI convictions a defendant has and what punishment is 9 16 therefore applicable. The bill makes a similar change with 9 17 regard to license revocations in other portions of chapter 9 18 321J. 9 19 This bill may contain a state mandate as defined in section 9 20 25B.3. The bill makes inapplicable section 25B.2, subsection 9 21 3, which would relieve a political subdivision from complying 9 22 with a state mandate if funding the cost of the state mandate 9 23 is not provided or specified. Therefore, political 9 24 subdivisions are required to comply with any state mandate 9 25 included in this bill. 9 26 LSB 1964YH 77 9 27 jls/jj/8.1
Text: HF00299 Text: HF00301 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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