Text: HF00344 Text: HF00346 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.12, unnumbered paragraph 3, Code 1 2 1997, is amended to read as follows: 1 3 The director shall not destroy any operating records 1 4 pertaining to revocations for violations of section 321J.2A 1 5which are more than twelve years old.The twelve-year period1 6shall commence with the date the revocation of the person's1 7operating privileges becomes effective. This paragraph shall1 8not apply to records of revocations which pertain to1 9violations of section 321J.2A by persons operating a1 10commercial motor vehicle.1 11 Sec. 2. Section 321.561, Code 1997, is amended to read as 1 12 follows: 1 13 321.561 PUNISHMENT FOR VIOLATION. 1 14 It shall be unlawful for any person found to be a habitual 1 15 offender to operate any motor vehicle in this state during the 1 16 period of time specified in section 321.560 except for a 1 17 habitual offender who has been granted a temporary restricted 1 18 permit pursuant to section 321.215, subsection 2, or section 1 19 321J.4, subsection 8. A person violating this section commits 1 20 an aggravated misdemeanor. 1 21 Sec. 3. Section 321J.2A, Code 1997, is amended to read as 1 22 follows: 1 23 321J.2A PERSONS UNDER THE AGE OF TWENTY-ONE. 1 24 1. A person who is under the age of twenty-one shall not 1 25 operate a motor vehicle while having an alcohol concentration,1 26as defined under section 321J.1,of .02 or more.The1 27 2. A person who violates subsection 1 and section 321J.2 1 28 shall be sentenced according to section 321J.2. 1 29 3. When the results of a chemical test taken pursuant to 1 30 section 321J.6 indicate an alcohol concentration in violation 1 31 of this section, the motor vehicle license or nonresident 1 32 operating privilege of a personwho is under the age of1 33twenty-one and who operates a motor vehicle while having an1 34alcohol concentration of .02 or morewho violates subsection 1 1 35 shall be revoked by the departmentfor the period of time2 1specified under section 321J.12., or otherwise by a court 2 2 adjudicating the resulting criminal charges, if any, as 2 3 follows: 2 4 a. For a first offense under this section, the period of 2 5 revocation shall be: 2 6 (1) Sixty days, if the alcohol concentration is in 2 7 violation of this section, but less than the amount prohibited 2 8 by section 321J.2. 2 9 (2) One hundred eighty days, if the alcohol concentration 2 10 is equal to or in excess of the amount prohibited by section 2 11 321J.2. 2 12 b. For a second or subsequent offense under this section, 2 13 the period of revocation shall be: 2 14 (1) Ninety days, if the previous revocation under this 2 15 subsection was made under paragraph "a", subparagraph (1), and 2 16 if the alcohol concentration for the present offense is in 2 17 violation of this section, but less than the amount prohibited 2 18 by section 321J.2. 2 19 (2) One hundred eighty days, if the previous revocation 2 20 under this subsection was made: 2 21 (a) Under paragraph "a", subparagraph (2), and if the 2 22 alcohol concentration for the present offense is in violation 2 23 of this section, but less than the amount prohibited by 2 24 section 321J.2. 2 25 (b) Under paragraph "a", subparagraph (1), and if the 2 26 alcohol concentration for the present offense is equal to or 2 27 in excess of the amount prohibited by section 321J.2. 2 28 (3) One year, if the previous revocation under this 2 29 subsection was made under paragraph "a", subparagraph (2), and 2 30 the alcohol concentration for the present offense is equal to 2 31 or in excess of the amount prohibited by section 321J.2. 2 32 4. a. When a person under the age of twenty-one refuses 2 33 to submit to a chemical test pursuant to section 321J.6, then 2 34 a test shall not be given, but, upon receipt of the peace 2 35 officer's certification, upon penalty of perjury, that the 3 1 officer had reasonable grounds to believe that the person was 3 2 operating a motor vehicle in violation of section 321J.2, that 3 3 specified conditions existed for chemical testing, and that 3 4 the person refused to consent to the chemical testing, the 3 5 motor vehicle license or nonresident operating privilege of 3 6 the person shall be revoked by the department for the 3 7 following periods of time: 3 8 (1) Two hundred forty days, if the person has had no 3 9 previous revocations under this section, or if a previous 3 10 revocation under this section was made under subsection 3, 3 11 paragraph "a", subparagraph (1). 3 12 (2) Five hundred forty days, if a previous revocation 3 13 under this section was made under subsection 3, paragraph "a", 3 14 subparagraph (2), under subsection 3, paragraph "b", or under 3 15 this subsection. 3 16 b. Notwithstanding the provisions of paragraph "a", if a 3 17 person under the age of twenty-one refuses to submit to a 3 18 chemical test pursuant to section 321J.6, and the only 3 19 condition existing under section 321J.6, subsection 1, is 3 20 paragraph "g", then the person shall be given the opportunity 3 21 to consent to administrative revocation of the person's motor 3 22 vehicle license for a period of time equal to the revocation 3 23 that would have been imposed under subsection 3 had the person 3 24 submitted to chemical testing and the results indicated a 3 25 violation of subsection 1. 3 26 5. A person whose license has been revoked under this 3 27 section shall not be eligible for a temporary restricted 3 28 license for the following minimum time periods: 3 29 a. Thirty days, for a revocation under subsection 3, 3 30 paragraph "a", subparagraph (1). 3 31 b. Sixty days, for a revocation under subsection 3, 3 32 paragraph "a", subparagraph (2), or subsection 3, paragraph 3 33 "b", subparagraph (1) or (2). 3 34 c. Ninety days, for a revocation under subsection 4, 3 35 paragraph "a". 4 1 d. One year, for a revocation under subsection 3, 4 2 paragraph "b", subparagraph (3), or subsection 4, paragraph 4 3 "b". 4 4 6. A revocation under this section shall not preclude a 4 5 prosecution or conviction under any applicable criminal 4 6 provisions of this chapter. However, if the person is 4 7 convicted of a criminal offense under section 321J.2, the 4 8 revocation imposed under this section shallbe superseded by4 9 supersede any revocation that would otherwise be imposed as a 4 10 result of the conviction. 4 11 7. All revocations under this section shall be considered 4 12 a previous revocation under this chapter for the purposes of 4 13 any revocation made after the person is twenty-one years of 4 14 age or older. 4 15 8. In any proceeding regarding a revocation under this 4 16 section, evidence of the results of analysis of a specimen of 4 17 the defendant's blood, breath, or urine is admissible upon 4 18 proof of a proper foundation. The alcohol concentration 4 19 established by the results of an analysis of a specimen of the 4 20 defendant's blood, breath, or urine withdrawn within two hours 4 21 after the defendant was driving or in physical control of a 4 22 motor vehicle is presumed to be the alcohol concentration at 4 23 the time of driving or being in physical control of the motor 4 24 vehicle. 4 25 Sec. 4. Section 321J.4, subsection 8, Code 1997, is 4 26 amended to read as follows: 4 27 8. a. A person whose motor vehicle license has either 4 28 been revoked under this chapter, or revoked or suspended under 4 29 chapter 321 solely for violations of this chapter, or who has 4 30 been determined to be a habitual offender under chapter 321 4 31 based solely on violations of this chapter, and who is not 4 32 eligible for a temporary restricted license under this chapter 4 33 may petition the court upon the expiration of the minimum 4 34 period of ineligibility for a temporary restricted license 4 35 provided for under this section or section 321J.9, 321J.12, or 5 1 321J.20 for an order to the department to require the 5 2 department to issue a temporary restricted license to the 5 3 person notwithstanding section 321.560. The petition shall 5 4 include a current certified copy of the petitioner's official 5 5 driving record issued by the department. 5 6 b. Upon the filing of a petition for a temporary 5 7 restricted license under this section, the clerk of the 5 8 district court in the county where the violation that resulted 5 9 in the revocation occurred shall send notice of the petition 5 10 to the department and the prosecuting attorney. The 5 11 department and the prosecuting attorney shall each be given an 5 12 opportunity to respond to and request a hearing on the 5 13 petition. 5 14 c. The court shall determine if the temporary restricted 5 15 license is necessary for the person to maintain the person's 5 16 present employment.However, a temporary restricted license5 17shall not be ordered or issued for a violation of section5 18321J.2A or to a person under the age of twenty-one whose5 19license is revoked under this section or section 321J.9 or5 20321J.12.If the court determines that the temporary 5 21 restricted license is necessary for the person to maintain the 5 22 person's present employment, and that the minimum period of 5 23 ineligibility for receipt of a temporary license has expired, 5 24 the court shall order the department to issue to the person a 5 25 temporary restricted license conditioned upon the person's 5 26 certification to the court of the installation of approved 5 27 ignition interlock devices in all motor vehicles that it is 5 28 necessary for the person to operate to maintain the person's 5 29 present employment. 5 30 d. Section 321.561 does not apply to a person operating a 5 31 motor vehicle in the manner permitted under this subsection. 5 32 e. If the person operates a motor vehicle which does not 5 33 have an approved ignition interlock device or if the person 5 34 tampers with or circumvents an ignition interlock device, in 5 35 addition to other penalties provided, the person's temporary 6 1 restricted license shall be revoked. 6 2 f. A person holding a temporary restricted license issued 6 3 under this subsection shall not operate a commercial motor 6 4 vehicle, as defined in section 321.1, on a highway if a 6 5 commercial driver's license is required for the person to 6 6 operate the commercial motor vehicle. 6 7 Sec. 5. Section 321J.8, subsection 2, Code 1997, is 6 8 amended to read as follows: 6 9 2. If the person submits to the test and the results 6 10 indicate an alcohol concentration as defined in section 321J.1 6 11 of .10 or more, or the person is under the age of twenty-one 6 12 and the results indicate an alcohol concentration of .02 or 6 13 more,but less than .10,the person's motor vehicle license or 6 14 nonresident operating privilege will be revoked by the 6 15 department as required by and for the applicable period 6 16 specified under section 321J.12 or 321J.2A. 6 17 Sec. 6. Section 321J.9, subsection 1, unnumbered paragraph 6 18 1, Code 1997, is amended to read as follows: 6 19 If a person refuses to submit to the chemical testing, a 6 20 test shall not be given, but the department, upon the receipt 6 21 of the peace officer's certification, subject to penalty for 6 22 perjury, that the officer had reasonable grounds to believe 6 23 the person to have been operating a motor vehicle in violation 6 24 of section 321J.2or 321J.2A, that specified conditions 6 25 existed for chemical testing pursuant to section 321J.6, and 6 26 that the person refused to submit to the chemical testing, 6 27 shall revoke the person's motor vehicle license and any 6 28 nonresident operating privilege for the following periods of 6 29 time: 6 30 Sec. 7. Section 321J.12, subsection 5, Code 1997, is 6 31 amended to read as follows: 6 32 5. Upon certification, subject to penalty of perjury, by 6 33 the peace officer that there existed reasonable grounds to 6 34 believe that the person had been operating a motor vehicle in 6 35 violation of section 321J.2A, that there existed one or more 7 1 of the necessary conditions for chemical testing described in 7 2 section 321J.6, subsection 1, and that the person submitted to 7 3 chemical testing and the test results indicated an alcohol 7 4 concentration as defined in section 321J.1 of .02 or morebut7 5less than .10, the department shall revoke the person's motor 7 6 vehicle license or operating privilegefor a period of sixty7 7days if the person has had no revocations within the previous7 8six years under section 321J.2A, and for a period of ninety7 9days if the person has had one or more previous revocations7 10within the previous six years underaccording to the 7 11 provisions of section 321J.2A. 7 12 Sec. 8. Section 321J.20, subsection 1, Code 1997, is 7 13 amended by adding the following new paragraph: 7 14 NEW PARAGRAPH. d. The person's motor vehicle license is 7 15 revoked under any of the following sections, and the minimum 7 16 period of ineligibility for issuance of a temporary restricted 7 17 license has expired: 7 18 (1) Section 321J.2A, subsection 3, paragraph "a". 7 19 (2) Section 321J.2A, subsection 4, paragraph "a". 7 20 Sec. 9. Section 321J.20, subsection 2, Code 1997, is 7 21 amended to read as follows: 7 22 2. This section does not apply to a person whose license 7 23 was revoked undersection 321J.2A orsection 321J.4, 7 24 subsection 3 or 5, or to a person whose license is suspended 7 25 or revoked for another reason. 7 26 Sec. 10. Section 321J.25, subsection 4, Code 1997, is 7 27 amended to read as follows: 7 28 4. Upon the revocation of the motor vehicle license or 7 29 operating privileges of a person who is fourteen years of age 7 30 or older for a violation of section 321J.2A, if the person has 7 31 had no previous revocations undereither section 321J.2 or7 32 section 321J.2A, a person may participate in the substance 7 33 abuse awareness program. The state department of 7 34 transportation shall notify a potential program participant of 7 35 the possibility and potential benefits of attending a program 8 1 and shall notify a potential program participant of the 8 2 availability of programs which exist in the area in which the 8 3 person resides. The state department of transportation shall 8 4 consult with the Iowa department of public health to determine 8 5 what programs are available in various areas of the state. 8 6 The period of revocation for a person whose motor vehicle 8 7 license or operating privilege has been revoked under section 8 8 321J.2A, shall be reduced by fifty percent upon receipt by the 8 9 state department of transportation of a certification by a 8 10 program provider that the person has completed a program. 8 11 EXPLANATION 8 12 This bill amends Code section 321J.2A, which prohibits a 8 13 person under the age of 21 from driving with an alcohol 8 14 concentration level of .02 or more. Code section 321J.2, the 8 15 operating while intoxicated (OWI) section, prohibits a driver 8 16 of any age from driving with an alcohol concentration level 8 17 above .10. Conduct by a driver under the age of 21 may fall 8 18 under both sections. The bill moves to Code section 321J.2A 8 19 all criminal penalty and license revocation standards from 8 20 other sections of chapter 321J for a driver who violates Code 8 21 section 321J.2A, and makes conforming amendments in numerous 8 22 sections of chapters 321 and 321J. 8 23 Code section 321J.2A currently provides only an 8 24 administrative revocation, and does not address criminal 8 25 penalties. Under this bill, the section would expressly state 8 26 that if the driver's activity violates Code section 321J.2, 8 27 the driver would be subject to the criminal sanctions for 8 28 operating while intoxicated violations (OWI) under Code 8 29 section 321J.2. 8 30 The bill also provides all license revocation periods for 8 31 drivers who violate Code section 321J.2A, and establishes a 8 32 graduated scheme of revocation periods. Existing revocation 8 33 periods are moved from other sections of chapter 321J, and 8 34 some new revocation periods for combinations of offenses not 8 35 previously addressed by the Code are added. 9 1 Minimum periods of ineligibility for a temporary restricted 9 2 license are provided for all combinations of offenses under 9 3 Code sections 321J.2 and 321J.2A. Certain violators of Code 9 4 section 321J.2A would also be able to apply for a temporary 9 5 restricted license after the applicable period of 9 6 ineligibility. 9 7 The bill provides that all revocations under Code section 9 8 321J.2A will count as a previous revocation under the chapter 9 9 for purposes of any revocations made after the person is 21 9 10 years of age. 9 11 LSB 1951HH 77 9 12 jls/jj/8
Text: HF00344 Text: HF00346 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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