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Text: HF00426                           Text: HF00428
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 427

Partial Bill History

Bill Text

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 following have has occurred, the peace
  1  6 officer may shall 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.  A The 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 25    2. 3.  a.  The results of this a 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 28 chemical further 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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