Text: HF02374 Text: HF02376 Text: HF02300 - HF02399 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 as defined in chapter 124, or any 1 5 metabolite or derivative of the drug, substance, or compound. 1 6 Sec. 2. Section 321J.2, subsection 1, Code Supplement 1 7 1997, is amended to read as follows: 1 8 1. A person commits the offense of operating while 1 9 intoxicated if the person operates a motor vehicle in this 1 10 state ineitherany of the following conditions: 1 11 a. While under the influence of an alcoholic beverage or 1 12 other drug or a combination of such substances. 1 13 b. While having an alcohol concentrationas defined in1 14section 321J.1of .10 or more. 1 15 c. While any amount of a drug, substance, compound, 1 16 metabolite, or derivative is present in such person's blood or 1 17 urine resulting from the use of any controlled substance as 1 18 defined in chapter 124. 1 19 Sec. 3. Section 321J.2, subsections 7 and 8, Code 1 20 Supplement 1997, are amended to read as follows: 1 21 7. a. This section does not apply to a person operating a 1 22 motor vehicle while under the influence of a drug if the 1 23 substance was prescribed for the person and was taken under 1 24 the prescription and in accordance with the directions of a 1 25 medical practitioner as defined in chapter 155A, if there is 1 26 no evidence of the consumption of alcohol and the medical 1 27 practitioner had not directed the person to refrain from 1 28 operating a motor vehicle. 1 29 b. When charged with a violation of subsection 1, 1 30 paragraph "a" or "c", a person may assert, as an affirmative 1 31 defense, that the controlled substance or other drug present 1 32 in the person's blood or urine was prescribed for the person 1 33 and was taken in accordance with the directions of a 1 34 practitioner as defined in section 155A.3. 1 35 8. In any prosecution under this section, evidence of the 2 1 results of analysis of a specimen of the defendant's blood, 2 2 breath, or urine is admissible upon proof of a proper 2 3 foundation. 2 4 a. The alcohol concentration established by the results of 2 5 an analysis of a specimen of the defendant's blood, breath, or 2 6 urine withdrawn within two hours after the defendant was 2 7 driving or in physical control of a motor vehicle is presumed 2 8 to be the alcohol concentration at the time of driving or 2 9 being in physical control of the motor vehicle. 2 10 b. The presence of a controlled substance or other drug 2 11 established by the results of analysis of a specimen of the 2 12 defendant's blood or urine withdrawn within two hours after 2 13 the defendant was driving or in physical control of a motor 2 14 vehicle is presumed to show the presence of such controlled 2 15 substance or other drug in the defendant at the time of 2 16 driving or being in physical control of the motor vehicle. 2 17 Sec. 4. Section 321J.2, subsection 10, Code Supplement 2 18 1997, is amended to read as follows: 2 19 10. In any prosecution under this section, the results of 2 20 a chemical test may not be used to prove a violationof2 21paragraph "b"of subsection 1 if the alcohol, controlled 2 22 substance, or other drug concentration indicated by the 2 23 chemical test minus the established margin of error inherent 2 24 in the device or method used to conduct the chemical test does 2 25 not equalan alcohol concentration of .10 or moreor exceed 2 26 the level prohibited by subsection 1. 2 27 Sec. 5. Section 321J.5, subsection 2, Code 1997, is 2 28 amended to read as follows: 2 29 2. In any motor vehicle collision, the peace officer shall 2 30 assess the operator of each vehicle, and in conjunction with 2 31 the preliminary screening test administered pursuant to 2 32 subsection 1, determine whether each operator may have been 2 33 under the influence of a controlled substance, a drug other 2 34 than alcohol, or a combination of alcohol and another drug. 2 35 If the peace officer determines that there are reasonable 3 1 grounds to believe that an operator may have been under the 3 2 influence of a controlled substance, a drug other than 3 3 alcohol, or a combination of alcohol and another drug, the 3 4 peace officer shall request that the operator submit to a 3 5 blood or urine test pursuant to section 321J.6. 3 6 3. The peace officer shall use best efforts to obtain a 3 7 test required under subsection 2 as soon as practicable. 3 8 4. The results of this preliminary screening testmay3 9 shall be used for the purpose of deciding whether an arrest 3 10 should be made or whether to request a chemical test 3 11 authorized in this chapter, but shall not be used in any court 3 12 action except to prove that a chemical test was properly 3 13 requested of a person pursuant to this chapter. 3 14 Sec. 6. Section 321J.6, subsection 1, unnumbered paragraph 3 15 1, Code 1997, is amended to read as follows: 3 16 A person who operates a motor vehicle in this state under 3 17 circumstances which give reasonable grounds to believe that 3 18 the person has been operating a motor vehicle in violation of 3 19 section 321J.2 or 321J.2A is deemed to have given consent to 3 20 the withdrawal of specimens of the person's blood, breath, or 3 21 urine and to a chemical test or tests of the specimens for the 3 22 purpose of determining the alcohol concentration or presence 3 23 of a controlled substance or other drugs, subject to this 3 24 section. The withdrawal of the body substances and the test 3 25 or tests shall be administered at the written request of a 3 26 peace officer having reasonable grounds to believe that the 3 27 person was operating a motor vehicle in violation of section 3 28 321J.2 or 321J.2A, and if any of the following conditions 3 29 exist: 3 30 Sec. 7. Section 321J.6, subsection 1, paragraphs d and f, 3 31 Code 1997, are amended to read as follows: 3 32 d. The preliminary breath screening test was administered 3 33 and it indicated an alcohol concentrationas defined inequal 3 34 to or in excess of the level prohibited by section321J.1 of3 35.10 or more321J.2. 4 1 f. The preliminary breath screening test was administered 4 2 and it indicated an alcohol concentrationofless than0.104 3 the level prohibited by section 321J.2, and the peace officer 4 4 has reasonable grounds to believe that the person was under 4 5 the influence of a controlled substance, a drug other than 4 6 alcohol, or a combination of alcohol and another drug. 4 7 Sec. 8. Section 321J.6, subsection 3, Code 1997, is 4 8 amended to read as follows: 4 9 3. Notwithstanding subsection 2, if the peace officer has 4 10 reasonable grounds to believe that the person was under the 4 11 influence of a controlled substance, a drug other than 4 12 alcohol, or a combination of alcohol and another drug, a blood 4 13 or urine testmayshall be required even aftera blood or4 14breathanother type of test has been administered. Section 4 15 321J.9 applies to a refusal to submit to a chemical test of 4 16 urine requested under this subsection. If a urine test has 4 17 already been administered, but the person refuses to consent 4 18 to a blood test, the peace officer shall obtain a warrant for 4 19 a blood test pursuant to section 321J.10. 4 20 Sec. 9. Section 321J.8, subsection 2, Code 1997, is 4 21 amended to read as follows: 4 22 2. If the person submits to the test and the results 4 23 indicate the presence of a controlled substance or other drug, 4 24 or an alcohol concentrationas defined inequal to or in 4 25 excess of the level prohibited by section321J.1 of .10 or4 26more, or the person is under the age of twenty-one and the4 27results indicate an alcohol concentration of .02 or more, but4 28less than .10321J.2 or 321J.2A, the person's motor vehicle 4 29 license or nonresident operating privilege will be revoked by 4 30 the department as required by and for the applicable period 4 31 specified under section 321J.12. 4 32 Sec. 10. Section 321J.10, subsection 4, Code 1997, is 4 33 amended to read as follows: 4 34 4. a. Search warrants issued under this section shall 4 35 authorize and direct peace officers to secure the withdrawal 5 1 of blood specimens by medical personnel under section 321J.11. 5 2 Reasonable care shall be exercised to ensure the health and 5 3 safety of the persons from whom specimens are withdrawn in 5 4 execution of the warrants. 5 5 b. If a person from whom a specimen is to be withdrawn 5 6 objects to the withdrawal of blood,andthe warrant may be 5 7 executed according to the following: 5 8 (1) If the person is capable of giving a specimen of 5 9 breath, and a direct breath testing instrument is readily 5 10 available, the warrant may be executed by the withdrawal of a 5 11 specimen of breath for chemical testing, unless the peace 5 12 officer has reasonable grounds to believe that the person was 5 13 under the influence of a controlled substance, a drug other 5 14 than alcohol, or a combination of alcohol and another drug. 5 15 (2) If the testimony in support of the warrant sets forth 5 16 facts and information that the peace officer has reasonable 5 17 grounds to believe that the person was under the influence of 5 18 a controlled substance, a drug other than alcohol, or a 5 19 combination of alcohol and another drug, a urine test may be 5 20 executed, if the person is capable of giving a urine sample 5 21 and materials for testing the urine sample are readily 5 22 available. If the peace officer has previously requested a 5 23 urine sample, but has sought the warrant to compel a blood 5 24 sample, a blood test may be taken in accordance with this 5 25 chapter. 5 26 Sec. 11. Section 321J.11, unnumbered paragraph 1, Code 5 27 1997, is amended to read as follows: 5 28 Only a licensed physician, licensed physician assistant as 5 29 defined in section 148C.1, medical technologist, or registered 5 30 nurse, acting at the request of a peace officer, may withdraw 5 31 a specimen of blood for the purpose of determining the alcohol 5 32 concentration or the presence of a controlled substance or 5 33 other drugs. However, any peace officer, using devices and 5 34 methods approved by the commissioner of public safety, may 5 35 take a specimen of a person's breath or urine for the purpose 6 1 of determining the alcohol concentration or the presence of a 6 2 controlled substance or other drugs. Only new equipment kept 6 3 under strictly sanitary and sterile conditions shall be used 6 4 for drawing blood. 6 5 Sec. 12. Section 321J.12, subsections 1, 3, 4, and 6, Code 6 6 Supplement 1997, are amended to read as follows: 6 7 1. Upon certification, subject to penalty for perjury, by 6 8 the peace officer that there existed reasonable grounds to 6 9 believe that the person had been operating a motor vehicle in 6 10 violation of section 321J.2, that there existed one or more of 6 11 the necessary conditions for chemical testing described in 6 12 section 321J.6, subsection 1, and that the person submitted to 6 13 chemical testing and the test results indicated the presence 6 14 of a controlled substance or other drug, or an alcohol 6 15 concentrationas defined inequal to or in excess of the level 6 16 prohibited by section321J.1 of .10 or more321J.2, or a 6 17 combination of alcohol and another drug in violation of 6 18 section 321J.2, the department shall revoke the person's motor 6 19 vehicle license or nonresident operating privilege for the 6 20 following periods of time: 6 21 a. One hundred eighty days if the person has had no 6 22 revocation under this chapter. 6 23 b. One year if the person has had a previous revocation 6 24 under this chapter. 6 25 3. The effective date of the revocation shall be ten days 6 26 after the department has mailed notice of revocation to the 6 27 person by certified mail. The peace officer who requested or 6 28 directed the administration of the chemical test may, on 6 29 behalf of the department, serve immediate notice of revocation 6 30 on a person whose test results indicated the presence of a 6 31 controlled substance or other drug, or an alcohol 6 32 concentrationof .10 or moreequal to or in excess of the 6 33 level prohibited by section 321J.2, or a combination of 6 34 alcohol and another controlled substance or drug in violation 6 35 of section 321J.2. 7 1 4. If the peace officer serves that immediate notice, the 7 2 peace officer shall take the person's Iowa license or permit, 7 3 if any, and issue a temporary license valid only for ten days. 7 4 The peace officer shall immediately send the person's driver's 7 5 license to the department along with the officer's certificate 7 6 indicating that the test results indicated the presence of a 7 7 controlled substance or other drug, or an alcohol 7 8 concentrationof .10 or moreequal to or in excess of the 7 9 level prohibited by section 321J.2. 7 10 6. The results of a chemical test may not be used as the 7 11 basis for a revocation of a person's motor vehicle license or 7 12 nonresident operating privilege if the alcohol or drug 7 13 concentration indicated by the chemical test minus the 7 14 established margin of error inherent in the device or method 7 15 used to conduct the chemical testdoesis not equalan alcohol7 16concentration of .10 or more for violations underto or in 7 17 excess of the level prohibited by section 321J.2 orof .02 or7 18more for violations of section321J.2A. 7 19 Sec. 13. Section 321J.13, subsection 2, Code Supplement 7 20 1997, is amended to read as follows: 7 21 2. The department shall grant the person an opportunity to 7 22 be heard within forty-five days of receipt of a request for a 7 23 hearing if the request is made not later than ten days after 7 24 receipt of notice of revocation served pursuant to section 7 25 321J.9 or 321J.12. The hearing shall be before the department 7 26 in the county where the alleged events occurred, unless the 7 27 director and the person agree that the hearing may be held in 7 28 some other county, or the hearing may be held by telephone 7 29 conference at the discretion of the agency conducting the 7 30 hearing. The hearing may be recorded and its scope shall be 7 31 limited to the issues of whether a peace officer had 7 32 reasonable grounds to believe that the person was operating a 7 33 motor vehicle in violation of section 321J.2 orsection7 34 321J.2A andeitherone or more of the following: 7 35 a. Whether the person refused to submit to the test or 8 1 tests. 8 2 b. Whether a test was administered and the test results 8 3 indicated an alcohol concentrationas defined inequal to or 8 4 in excess of the level prohibited under section321J.1 of .108 5or more or whether a test was administered and the test8 6results indicated an alcohol concentration as defined in8 7section 321J.1 of .02 or more pursuant to section321J.2 or 8 8 321J.2A. 8 9 c. Whether a test was administered and the test results 8 10 indicated the presence of alcohol, a controlled substance or 8 11 other drug, or a combination of alcohol and another drug, in 8 12 violation of section 321J.2. 8 13 Sec. 14. Section 321J.15, Code 1997, is amended to read as 8 14 follows: 8 15 321J.15 EVIDENCE IN ANY ACTION. 8 16 Upon the trial of a civil or criminal action or proceeding 8 17 arising out of acts alleged to have been committed by a person 8 18 while operating a motor vehicle in violation of section 321J.2 8 19 or 321J.2A, evidence of the alcohol concentration or the 8 20 presence of a controlled substance or other drugs in the 8 21 person's body substances at the time of the act alleged as 8 22 shown by a chemical analysis of the person's blood, breath, or 8 23 urine is admissible. If it is established at trial that an 8 24 analysis of a breath specimen was performed by a certified 8 25 operator using a device and methods approved by the 8 26 commissioner of public safety, no further foundation is 8 27 necessary for introduction of the evidence. 8 28 Sec. 15. Section 321J.18, Code 1997, is amended to read as 8 29 follows: 8 30 321J.18 OTHER EVIDENCE. 8 31 This chapter does not limit the introduction of any 8 32 competent evidence bearing on the question of whether a person 8 33 was under the influence of an alcoholic beverage or a 8 34 controlled substance or other drug, including the results of 8 35 chemical tests of specimens of blood, breath, or urine 9 1 obtained more than two hours after the person was operating a 9 2 motor vehicle. 9 3 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 4 3, shall not apply to this Act. 9 5 EXPLANATION 9 6 This bill amends Code section 321J.1 by adding a definition 9 7 for "controlled substance", as used in chapter 321J, to refer 9 8 to that term as it is used in Code chapter 124. 9 9 This bill amends Code section 321J.2 by adding an OWI 9 10 offense for a person who operates a motor vehicle after taking 9 11 any amount of controlled substance. Conforming amendments 9 12 reflecting this change are made throughout Code chapter 321J. 9 13 This bill further amends Code section 321J.2 by adding an 9 14 affirmative defense to OWI charges for prescribed medication 9 15 when a controlled substance or other drug violation is 9 16 charged. The bill also adds a legal presumption regarding 9 17 blood or urine specimens for controlled substance violations. 9 18 The bill also requires that a peace officer assess each 9 19 operator to determine whether one or more of the operators 9 20 involved in the collision may have been under the influence of 9 21 a drug other than alcohol, or a combination of alcohol and 9 22 another drug. If the peace officer determines this to be the 9 23 case, a blood or urine test shall be requested pursuant to 9 24 Code section 321J.6. 9 25 Code section 321J.6 is amended to require a peace officer 9 26 to administer a blood or urine test to a person the peace 9 27 officer reasonably believes may be under the influence of a 9 28 controlled substance, a drug other than alcohol, or a 9 29 combination of alcohol and another drug. If a urine test has 9 30 already been administered, but the person refuses to consent 9 31 to a blood test, the peace officer is required to request a 9 32 warrant pursuant to Code section 321J.10 to obtain the blood 9 33 sample. 9 34 Other technical changes are made throughout Code chapter 9 35 321J. 10 1 This bill may include a state mandate as defined in Code 10 2 chapter 25B. This bill makes inapplicable Code section 25B.2, 10 3 which would relieve a political subdivision from complying 10 4 with a state mandate if funding for the cost of the state 10 5 mandate is not provided or specified. Therefore, political 10 6 subdivisions are required to comply with any state mandate 10 7 included in this bill. 10 8 LSB 3875YH 77 10 9 jls/jl/8.1
Text: HF02374 Text: HF02376 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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