Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.5, Code 1997, is amended to read 1 2 as follows: 1 3 321J.5 PRELIMINARY SCREENING TEST. 1 4 1. When a peace officer has reasonable grounds to believe 1 5 that either of the followinghavehas occurred, the peace 1 6 officermayshall request that the operator provide a sample 1 7 of the operator's breath for a preliminary screening test 1 8 using a device approved by the commissioner of public safety 1 9 for that purpose: 1 10 a.AThe motor vehicle operator may be violating or has 1 11 violated section 321J.2 or 321J.2A. 1 12 b. The operator has been involved in a motor vehicle 1 13 collision resulting in injury or death. 1 14 2. When a peace officer has reasonable grounds to believe 1 15 that either of the following has occurred, the peace officer 1 16 shall request a urine specimen for testing even if a 1 17 preliminary screening test has already been administered under 1 18 subsection 1: 1 19 a. The motor vehicle operator may be violating or has 1 20 violated section 321J.2 because the person was under the 1 21 influence of a drug other than alcohol or a combination of 1 22 alcohol and another drug. 1 23 b. The operator has been involved in a motor vehicle 1 24 collision resulting in injury or death. 1 252.3. a. The results ofthisa preliminary screening test 1 26 under subsection 1 may be used for the purpose of deciding 1 27 whether an arrest should be made or whether to request a 1 28chemicalfurther test authorized in this chapter, but shall 1 29 not be used in any court action except to prove that a 1 30 chemical test was properly requested of a person pursuant to 1 31 this chapter. 1 32 b. The results of a test performed on a specimen collected 1 33 pursuant to subsection 2 may be used for any lawful purpose 1 34 under this chapter. Refusal to submit to a chemical test of 1 35 urine under subsection 2 is deemed a refusal to submit, and 2 1 section 321J.9 applies. 2 2 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 3 3, shall not apply to this Act. 2 4 EXPLANATION 2 5 This bill amends Code section 321J.5 to require automatic 2 6 preliminary testing for the presence of alcohol any time a 2 7 motor vehicle operator is involved in an accident resulting in 2 8 injury or death, or is suspected of violating Code sections 2 9 321J.2 (operating a motor vehicle while intoxicated) or 2 10 321J.2A (person under the age of 21 operating a motor vehicle 2 11 with an alcohol concentration level at or above .02). The 2 12 test result, or a refusal to test, may then be used as a basis 2 13 for a further chemical test pursuant to Code section 321J.6, 2 14 the implied consent section. 2 15 The bill also amends Code section 321J.5 to provide that a 2 16 urine test shall be requested if the peace officer has 2 17 reasonable grounds to believe the operator of the motor 2 18 vehicle is either under the influence of a drug other than 2 19 alcohol or of alcohol and another drug, or that the operator 2 20 has been involved in a motor vehicle collision resulting in 2 21 injury or death. A specimen collected pursuant to this 2 22 provision may be used for any lawful purpose under the 2 23 chapter, and a refusal to submit to such a test is treated as 2 24 a refusal to submit pursuant to Code section 321J.9. 2 25 This bill may include a state mandate as defined in Code 2 26 section 25B.3. This bill makes inapplicable Code section 2 27 25B.2, subsection 3, which would relieve a political 2 28 subdivision from complying with a state mandate if funding for 2 29 the cost of the state mandate is not provided or specified. 2 30 Therefore, political subdivisions are required to comply with 2 31 any state mandate included in this bill. 2 32 LSB 2220HH 77 2 33 jls/sc/14.1
Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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