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Text: HSB00221                          Text: HSB00223
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 222

Bill Text

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 more
  1 24 than twelve years old.  The twelve-year period shall commence
  1 25 with the date of the arrest or conviction for the offense,
  1 26 whichever first occurs.  However, the director shall not
  1 27 destroy operating records which pertain to arrests or
  1 28 convictions for operating while intoxicated after the
  1 29 expiration of twelve years when the motor vehicle being
  1 30 operated was a commercial motor vehicle or if all of the
  1 31 provisions of the court order have not been satisfied.
  1 32    The director shall destroy any operating records pertaining
  1 33 to revocations for violations of section 321J.2A which are
  1 34 more than twelve years old.  The twelve-year period shall
  1 35 commence with the date the revocation of the person's
  2  1 operating privileges becomes effective.  This paragraph shall
  2  2 not apply to records of revocations which pertain to
  2  3 violations of section 321J.2A by persons operating a
  2  4 commercial motor vehicle.
  2  5    Sec. 2.  Section 321.182, Code 1997, is amended by adding
  2  6 the following new subsections:
  2  7    NEW SUBSECTION.  5.  Certify that the applicant, if a minor
  2  8 who has not previously been issued a class C1 or class M1
  2  9 motor vehicle license under section 321.189, subsection 1,
  2 10 paragraph "f" or "g", meets the requirements for issuance of a
  2 11 motor vehicle license under those paragraphs.
  2 12    NEW SUBSECTION.  6.  Certify that the applicant, if a minor
  2 13 who has been operating a motor vehicle under a class C1 or
  2 14 class M1 motor vehicle license, satisfies the criteria
  2 15 necessary to be issued a regular motor vehicle license.
  2 16    Sec. 3.  Section 321.184, subsection 1, Code 1997, is
  2 17 amended by adding the following new unnumbered paragraph:
  2 18    NEW UNNUMBERED PARAGRAPH.  The parent, guardian, or person
  2 19 having custody of the applicant under chapter 600A shall also
  2 20 verify that the person has supervised the applicant's driving
  2 21 for the periods required by section 321.189, subsection 1,
  2 22 paragraph "f" or "g".
  2 23    Sec. 4.  Section 321.189, subsection 1, Code 1997, is
  2 24 amended by adding the following new paragraphs:
  2 25    NEW PARAGRAPH.  f.  Class C1 – Valid for the operation of
  2 26 a motor vehicle if the following conditions are met:
  2 27    (1)  The person issued the license is sixteen years of age.
  2 28    (2)  The person issued the license has held an instruction
  2 29 permit issued under section 321.180 for at least six months.
  2 30    (3)  The person has completed at least fifty hours of
  2 31 supervised driving including at least ten hours of supervised
  2 32 driving during hours of darkness.
  2 33    (4)  The person has operated a motor vehicle under the
  2 34 permit for at least the three most recent months prior to
  2 35 issuance of the license without an accident or violation,
  3  1 other than a parking violation referred to under section
  3  2 321.210.
  3  3    (5)  The person has completed an approved driver education
  3  4 course.
  3  5    A class C1 license shall authorize the holder to operate
  3  6 the same motor vehicles as a class C license holder, except
  3  7 that a person issued a class C1 license shall not operate a
  3  8 motor vehicle between the hours of midnight and five a.m.
  3  9 unless the person is accompanied by a parent or guardian or is
  3 10 going to or from the person's place of employment.
  3 11    NEW PARAGRAPH.  g.  Class M1 – Valid for the operation of
  3 12 a motorcycle if the following conditions are met:
  3 13    (1)  The person issued the license is sixteen years of age.
  3 14    (2)  The person issued the license has held an instruction
  3 15 permit issued under section 321.180 for at least six months.
  3 16    (3)  The person has completed the required number of
  3 17 supervised driving hours.
  3 18    (4)  The person has operated a motor vehicle under the
  3 19 permit for at least the three most recent months prior to
  3 20 issuance of the license without an accident or violation,
  3 21 other than a parking violation referred to under section
  3 22 321.210.
  3 23    (5)  The person has completed an approved driver education
  3 24 course and an approved motorcycle education course.
  3 25    A class M1 license shall authorize the holder to operate a
  3 26 motorcycle as under a class M license, except that a person
  3 27 issued a class M1 license shall not operate a motorcycle
  3 28 between the hours of midnight and five a.m. unless the person
  3 29 is accompanied by a parent or guardian or is going to or from
  3 30 the person's place of employment.
  3 31    Sec. 5.  Section 321.189, subsection 1, Code 1997, is
  3 32 amended by adding the following new unnumbered paragraph:
  3 33    NEW UNNUMBERED PARAGRAPH.  Unless the person is subject to
  3 34 section 321.178, subsection 3, a license under paragraphs "a"
  3 35 through "e" shall only be issued to a person seventeen years
  4  1 of age who has held a license under paragraph "f" or "g" for
  4  2 at least six months and who has had no accidents or
  4  3 violations, other than parking violations referred to under
  4  4 section 321.210, for at least the three months preceding the
  4  5 issuance of a license under paragraphs "a" through "e".
  4  6    Sec. 6.  Section 321.555, subsection 1, paragraph c, Code
  4  7 1997, is amended to read as follows:
  4  8    c.  Driving a motor vehicle while the person's motor
  4  9 vehicle license is suspended, denied, revoked, or barred.
  4 10    Sec. 7.  Section 321J.2, Code 1997, is amended to read as
  4 11 follows:
  4 12    321J.2  OPERATING WHILE INTOXICATED UNDER THE INFLUENCE OF
  4 13 ALCOHOL OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF
  4 14 .10 OR MORE (OWI).
  4 15    1.  A person commits the offense of operating while
  4 16 intoxicated if the person operates a motor vehicle in this
  4 17 state in either any of the following conditions:
  4 18    a.  While under the influence of an alcoholic beverage or
  4 19 other drug or a combination of such substances.
  4 20    b.  While having an alcohol concentration as defined in
  4 21 section 321J.1 of .10 or more.
  4 22    2.  A person who violates this section subsection 1
  4 23 commits:
  4 24    a.  A serious misdemeanor for the first offense, and shall
  4 25 be imprisoned in the county jail for not less than forty-eight
  4 26 hours to be served as ordered by the court, less credit for
  4 27 any time the person was confined in a jail or detention
  4 28 facility following arrest, and assessed a fine of not less
  4 29 than five hundred dollars nor more than one thousand dollars.
  4 30 As an alternative to a portion or all of the fine, the court
  4 31 may order the person to perform not more than two hundred
  4 32 hours of unpaid community service.  The court may accommodate
  4 33 the sentence to the work schedule of the defendant.
  4 34    b.  An aggravated misdemeanor for a second offense, and
  4 35 shall be imprisoned in the county jail or community-based
  5  1 correctional facility not less than seven days, which minimum
  5  2 term cannot be suspended notwithstanding section 901.5,
  5  3 subsection 3 and section 907.3, subsection 3, and assessed a
  5  4 fine of not less than seven hundred fifty dollars.
  5  5    c.  A class "D" felony for a third offense and each
  5  6 subsequent offense, and shall be imprisoned in the county jail
  5  7 for a determinate sentence of not more than one year but not
  5  8 less than thirty days, or committed to the custody of the
  5  9 director of the department of corrections, and assessed a fine
  5 10 of not less than seven hundred fifty dollars.  The minimum
  5 11 jail term of thirty days cannot be suspended notwithstanding
  5 12 section 901.5, subsection 3, and section 907.3, subsection 3,
  5 13 however, the person sentenced shall receive credit for any
  5 14 time the person was confined in a jail or detention facility
  5 15 following arrest.  If a person is committed to the custody of
  5 16 the director of the department of corrections pursuant to this
  5 17 paragraph and the sentence is suspended, the sentencing court
  5 18 shall order that the offender serve the thirty-day minimum
  5 19 term in the county jail.  If the sentence which commits the
  5 20 person to the custody of the director of the department of
  5 21 corrections is later imposed by the court, all time served in
  5 22 a county jail toward the thirty-day minimum term shall count
  5 23 as time served toward the sentence which committed the person
  5 24 to the custody of the director of the department of
  5 25 corrections.  A person convicted of a second or subsequent
  5 26 offense shall be ordered to undergo a substance abuse
  5 27 evaluation prior to sentencing.  If a A person is convicted of
  5 28 a third or subsequent offense or if the evaluation recommends
  5 29 treatment, the offender may be committed to the custody of the
  5 30 director of the department of corrections, who, if the
  5 31 sentence is not suspended, shall assign the person to a
  5 32 facility pursuant to section 904.513 or the offender may be
  5 33 committed to treatment in the community under the provisions
  5 34 of section 907.6.
  5 35    2A.  a.  Notwithstanding the provisions of sections 901.5
  6  1 and 907.3, the court shall not defer judgment or sentencing,
  6  2 or suspend execution of any part of the minimum sentence
  6  3 applicable to the defendant under subsection 2 if any of the
  6  4 following apply:
  6  5    (1)  If the defendant's alcohol concentration established
  6  6 by the results of an analysis of a specimen of the defendant's
  6  7 blood, breath, or urine withdrawn in accordance with this
  6  8 chapter exceeds .15.
  6  9    (2)  If the defendant has previously been convicted of a
  6 10 violation of subsection 1 or a statute in another state
  6 11 substantially corresponding to subsection 1.
  6 12    (3)  If the defendant has previously received a deferred
  6 13 judgment or sentence for a violation of subsection 2 or for a
  6 14 violation of a statute in another state substantially
  6 15 corresponding to subsection 2.
  6 16    b.  All persons convicted of an offense under subsection 2
  6 17 shall be ordered, at the person's expense, to undergo, prior
  6 18 to sentencing, a substance abuse evaluation pursuant to
  6 19 chapter 125.
  6 20    c.  A minimum term of imprisonment in a county jail or
  6 21 community-based correctional facility imposed on a person
  6 22 convicted of a second or subsequent offense under paragraph
  6 23 "b" or "c" subsection 2 shall be served on consecutive days.
  6 24 However, if the sentencing court finds that service of the
  6 25 full minimum term on consecutive days would work an undue
  6 26 hardship on the person, or finds that sufficient jail space is
  6 27 not available and is not reasonably expected to become
  6 28 available within four months after sentencing to incarcerate
  6 29 the person serving the minimum sentence on consecutive days,
  6 30 the court may order the person to serve not less than forty-
  6 31 eight consecutive hours of the minimum term in segments of at
  6 32 least forty-eight hours and to perform a specified number of
  6 33 hours of unpaid community service as deemed appropriate by the
  6 34 sentencing court.
  6 35    3.  No conviction for, deferred judgment for, or plea of
  7  1 guilty to, a violation of this section which occurred more
  7  2 than six years prior to the date of the violation charged
  7  3 shall be considered in determining that the violation charged
  7  4 is a second, third, or subsequent offense.  For the purpose of
  7  5 determining if a violation charged is a second, third, or
  7  6 subsequent offense, deferred judgments entered pursuant to
  7  7 section 907.3 for violations of this section and convictions
  7  8 or the equivalent of deferred judgments for violations in any
  7  9 other states under statutes substantially corresponding to
  7 10 this section shall be counted as previous offenses.  The
  7 11 courts shall judicially notice the statutes of other states
  7 12 which define offenses substantially equivalent to the one
  7 13 defined in this section and can therefore be considered
  7 14 corresponding statutes.  Each previous violation on which
  7 15 conviction or deferral of judgment was entered prior to the
  7 16 date of the violation charged shall be considered and counted
  7 17 as a separate previous offense.
  7 18    4.  A person shall not be convicted and sentenced for more
  7 19 than one violation of this section for actions arising out of
  7 20 the same event or occurrence, even if the violation is shown
  7 21 to have been committed by either or both of the means
  7 22 described event or occurrence involves more than one of the
  7 23 conditions specified in subsection 1 in the same occurrence.
  7 24    5.  The clerk of the district court shall immediately
  7 25 certify to the department a true copy of each order entered
  7 26 with respect to deferral of judgment, deferral of sentence, or
  7 27 pronouncement of judgment and sentence for a defendant under
  7 28 this section.
  7 29    6.  This section does not apply to a person operating a
  7 30 motor vehicle while under the influence of a drug if the
  7 31 substance was prescribed for the person and was taken under
  7 32 the prescription and in accordance with the directions of a
  7 33 medical practitioner as defined in chapter 155A, if there is
  7 34 no evidence of the consumption of alcohol and the medical
  7 35 practitioner had not directed the person to refrain from
  8  1 operating a motor vehicle.
  8  2    7.  In any prosecution under this section, evidence of the
  8  3 results of analysis of a specimen of the defendant's blood,
  8  4 breath, or urine is admissible upon proof of a proper
  8  5 foundation.  The alcohol concentration established by the
  8  6 results of an analysis of a specimen of the defendant's blood,
  8  7 breath, or urine withdrawn within two hours after the
  8  8 defendant was driving or in physical control of a motor
  8  9 vehicle is presumed to be the alcohol concentration at the
  8 10 time of driving or being in physical control of the motor
  8 11 vehicle.
  8 12    8.  The In addition to any other fine or penalty imposed
  8 13 under this chapter, the court shall order a defendant
  8 14 convicted of or receiving a deferred judgment for a violation
  8 15 of this section to make restitution, in an amount not to
  8 16 exceed two thousand dollars, for damages resulting directly
  8 17 from the violation according to the following:
  8 18    a.  To the victim, according to chapter 910.  An amount
  8 19 paid pursuant to this restitution portion of the order shall
  8 20 be credited toward any adverse judgment in a subsequent civil
  8 21 proceeding arising from the same occurrence.  However, other
  8 22 than establishing a credit, a restitution proceeding pursuant
  8 23 to this section related to this portion of the order shall not
  8 24 be given evidentiary or preclusive effect in a subsequent
  8 25 civil proceeding arising from the same occurrence.
  8 26    b.  To any public agency, for the costs of the emergency
  8 27 response resulting from the actions constituting a violation
  8 28 of this section, not exceeding five hundred dollars per public
  8 29 agency for each such response.  For the purposes of this
  8 30 paragraph, "emergency response" means any incident requiring a
  8 31 response by fire fighting, law enforcement, ambulance,
  8 32 medical, or other emergency services.  Restitution for costs
  8 33 incurred by a public agency as described under this paragraph
  8 34 may be sought by motion filed in the criminal proceedings
  8 35 against defendant for violation of this section.
  9  1    9.  In any prosecution under this section, the results of a
  9  2 chemical test may not be used to prove a violation of
  9  3 paragraph "b" of subsection 1 if the alcohol concentration
  9  4 indicated by the chemical test minus the established margin of
  9  5 error inherent in the device or method used to conduct the
  9  6 chemical test does not equal an alcohol concentration of .10
  9  7 or more or exceed the level prohibited by subsection 1.
  9  8    Sec. 8.  Section 321J.3, Code 1997, is amended to read as
  9  9 follows:
  9 10    321J.3  COURT ORDERED SUBSTANCE SUBSTANCE ABUSE EVALUATION
  9 11 OR TREATMENT.
  9 12    1.  On a conviction for a violation of section 321J.2, the
  9 13 court may order the defendant to attend a course for drinking
  9 14 drivers under section 321J.22.  If the defendant submitted to
  9 15 a chemical test on arrest for the violation of section 321J.2
  9 16 and the test indicated an alcohol concentration of .20 or
  9 17 higher, or if the defendant is charged with a second or
  9 18 subsequent offense, the court shall order the defendant, on
  9 19 conviction, to undergo a substance abuse evaluation and the
  9 20 court shall order the defendant
  9 21    1.  a.  In addition to orders issued pursuant to section
  9 22 321J.2, subsection 2A, and section 321J.17, the court shall
  9 23 order any defendant convicted under section 321J.2 to follow
  9 24 the recommendations proposed in the substance abuse evaluation
  9 25 for appropriate substance abuse treatment for the defendant.
  9 26 Court-ordered substance abuse treatment is subject to the
  9 27 periodic reporting requirements of section 125.86.
  9 28    b.  If a defendant is committed by the court to a substance
  9 29 abuse treatment facility, the administrator of the facility
  9 30 shall report to the court when it is determined that the
  9 31 defendant has received the maximum benefit of treatment at the
  9 32 facility and the defendant shall be released from the
  9 33 facility.  The time for which the defendant is committed for
  9 34 treatment shall be credited against the defendant's sentence.
  9 35    c.  The court may prescribe the length of time for the
 10  1 evaluation and treatment or it may request that the community
 10  2 college conducting the course for drinking drivers which the
 10  3 person is ordered to attend or the treatment program to which
 10  4 the person is committed immediately report to the court when
 10  5 the person has received maximum benefit from the course for
 10  6 drinking drivers or treatment program or has recovered from
 10  7 the person's addiction, dependency, or tendency to chronically
 10  8 abuse alcohol or drugs.
 10  9    d.  Upon successfully completing or attending a course for
 10 10 drinking drivers or an ordered substance abuse treatment
 10 11 program, a court may place the person may be placed on
 10 12 probation for six months and as a condition of probation, the
 10 13 person shall attend a program providing posttreatment services
 10 14 relating to substance abuse as approved by the court.
 10 15    e.  A person committed under this section who does not
 10 16 possess sufficient income or estate to make payment of the
 10 17 costs of the treatment in whole or in part shall be considered
 10 18 a state patient and the costs of treatment shall be paid as
 10 19 provided in section 125.44.
 10 20    f.  A defendant who fails to carry out the order of the
 10 21 court or who fails to successfully complete or attend a course
 10 22 for drinking drivers or an ordered substance abuse treatment
 10 23 program shall be confined in the county jail for twenty days
 10 24 in addition to any other imprisonment ordered by the court or
 10 25 may be ordered to perform unpaid community service work, and
 10 26 shall be placed on probation for one year with a violation of
 10 27 this probation punishable as contempt of court.
 10 28    g.  In addition to any other condition of probation, the
 10 29 person shall attend a program providing substance abuse
 10 30 prevention services or posttreatment services related to
 10 31 substance abuse as ordered by the court.  The person shall
 10 32 report to the person's probation officer as ordered concerning
 10 33 proof of attendance at the treatment program or posttreatment
 10 34 program ordered by the court.  Failure to attend or complete
 10 35 the program shall be considered a violation of probation and
 11  1 is punishable as contempt of court.
 11  2    2.  a.  As a condition of a suspended sentence or portion
 11  3 of sentence for Upon a second, third, or subsequent offense in
 11  4 violation of section 321J.2, the court upon hearing may commit
 11  5 the defendant for inpatient treatment of alcoholism or drug
 11  6 addiction or dependency to any hospital, institution, or
 11  7 community correctional facility in Iowa providing such
 11  8 treatment.  The time for which the defendant is committed for
 11  9 treatment shall be credited against the defendant's sentence.
 11 10    b.  The court may prescribe the length of time for the
 11 11 evaluation and treatment or it may request that the hospital
 11 12 to which the person is committed immediately report to the
 11 13 court when the person has received maximum benefit from the
 11 14 program of the hospital or institution or has recovered from
 11 15 the person's addiction, dependency, or tendency to chronically
 11 16 abuse alcohol or drugs.
 11 17    c.  A person committed under this section who does not
 11 18 possess sufficient income or estate to make payment of the
 11 19 costs of the treatment in whole or in part shall be considered
 11 20 a state patient and the costs of treatment shall be paid as
 11 21 provided in section 125.44.
 11 22    Sec. 9.  Section 321J.4, subsection 1, Code 1997, is
 11 23 amended to read as follows:
 11 24    1.  If a defendant is convicted of a violation of section
 11 25 321J.2 and the defendant's motor vehicle license or
 11 26 nonresident operating privilege has not been revoked under
 11 27 section 321J.9 or 321J.12 for the occurrence from which the
 11 28 arrest arose, the department shall revoke the defendant's
 11 29 motor vehicle license or nonresident operating privilege for
 11 30 one hundred eighty days if the defendant has had no previous
 11 31 conviction or revocation under this chapter within the
 11 32 previous six years and the.  The defendant shall not be
 11 33 eligible for any temporary restricted license for at least
 11 34 thirty days after the effective date of the revocation if a
 11 35 test was obtained, and for at least ninety days if a test was
 12  1 refused.
 12  2    1A.  If a defendant is convicted of a violation of section
 12  3 321J.2, and the defendant's motor vehicle license or
 12  4 nonresident operating privilege has not already been revoked
 12  5 under section 321J.9 or 321J.12 for the occurrence from which
 12  6 the arrest arose, the department shall revoke the defendant's
 12  7 motor vehicle license or nonresident operating privilege for
 12  8 one year two years if the defendant has had one or more
 12  9 previous convictions or revocations under this chapter within
 12 10 the previous six years.  The defendant shall not be eligible
 12 11 for any temporary restricted license during the entire one-
 12 12 year revocation period for at least one year after the
 12 13 effective date of revocation.  The defendant shall be ordered
 12 14 to install an ignition interlock device of a type approved by
 12 15 the commissioner of public safety on all vehicles owned by the
 12 16 defendant if the defendant seeks a temporary restricted
 12 17 license at the end of the minimum period of ineligibility.  A
 12 18 temporary restricted license shall not be granted by the
 12 19 department until the defendant installs the ignition interlock
 12 20 device.
 12 21    Sec. 10.  Section 321J.4, subsection 3, Code 1997, is
 12 22 amended to read as follows:
 12 23    3.  a.  Upon a plea or verdict of guilty of a third or
 12 24 subsequent violation of section 321J.2, the court shall order
 12 25 the department to revoke the defendant's motor vehicle license
 12 26 or nonresident operating privilege for a period of six years.
 12 27 The defendant shall not be eligible for a temporary restricted
 12 28 license for at least one year two years after the effective
 12 29 date of the revocation.  The court shall require the defendant
 12 30 to surrender to it all Iowa licenses or permits held by the
 12 31 defendant, which the court shall forward to the department
 12 32 with a copy of the order for revocation.  The defendant shall
 12 33 be ordered to install an ignition interlock device of a type
 12 34 approved by the commissioner of public safety on all vehicles
 12 35 owned by the defendant if the defendant seeks a temporary
 13  1 restricted license at the end of the minimum period of
 13  2 ineligibility.  A temporary restricted license shall not be
 13  3 granted by the department until the defendant installs the
 13  4 ignition interlock device.
 13  5    b.  After two years from the date of the order for
 13  6 revocation, the defendant may apply to the court for
 13  7 restoration of the defendant's eligibility for a motor vehicle
 13  8 license.  The application may be granted only if all of the
 13  9 following are shown by the defendant by a preponderance of the
 13 10 evidence:
 13 11    (1)  The defendant has completed an evaluation and, if
 13 12 recommended by the evaluation, a program of treatment for
 13 13 chemical dependency and is recovering, or has substantially
 13 14 recovered, from that dependency on or tendency to abuse
 13 15 alcohol or drugs.
 13 16    (2)  The defendant has not been convicted, since the date
 13 17 of the revocation order, of any subsequent violations of
 13 18 section 321J.2 or 123.46, or any comparable city or county
 13 19 ordinance, and the defendant has not, since the date of the
 13 20 revocation order, submitted to a chemical test under this
 13 21 chapter that indicated an alcohol concentration as defined in
 13 22 section 321J.1 of .10 or more, or refused to submit to
 13 23 chemical testing under this chapter.
 13 24    (3)  The defendant has abstained from the excessive
 13 25 consumption of alcoholic beverages and the consumption of
 13 26 controlled substances, except at the direction of a licensed
 13 27 physician or pursuant to a valid prescription.
 13 28    (4)  The defendant's motor vehicle license is not currently
 13 29 subject to suspension or revocation for any other reason.
 13 30    c.  The court shall forward to the department a record of
 13 31 any application submitted under paragraph "b" and the results
 13 32 of the court's disposition of the application.
 13 33    Sec. 11.  Section 321J.4, subsection 5, Code 1997, is
 13 34 amended to read as follows:
 13 35    5.  Upon a plea or verdict of guilty of a violation of
 14  1 section 321J.2 which involved a death, the court shall
 14  2 determine in open court, from consideration of the information
 14  3 in the file and any other evidence the parties may submit,
 14  4 whether a death occurred and, if so, whether the defendant's
 14  5 conduct in violation of section 321J.2 caused the death.  If
 14  6 the court so determines, the court shall order the department
 14  7 to revoke the defendant's motor vehicle license or nonresident
 14  8 operating privilege for a period of six years.  The defendant
 14  9 shall not be eligible for any temporary restricted license
 14 10 until the minimum period of ineligibility has expired under
 14 11 this section or section 321J.9, 321J.12, or 321J.20 for at
 14 12 least two years after the revocation.  The defendant shall
 14 13 surrender to the court any Iowa license or permit and the
 14 14 court shall forward it to the department with a copy of the
 14 15 order for revocation.
 14 16    Sec. 12.  Section 321J.4, subsection 7, Code 1997, is
 14 17 amended to read as follows:
 14 18    7.  a.  On a conviction for or as a condition of a deferred
 14 19 judgment for a violation of section 321J.2, the court may
 14 20 order the defendant to install ignition interlock devices of a
 14 21 type approved by the commissioner of public safety on all
 14 22 motor vehicles owned or operated by the defendant which,
 14 23 without tampering or the intervention of another person, would
 14 24 prevent the defendant from operating the motor vehicle with an
 14 25 alcohol concentration greater than a level set by rule of the
 14 26 commissioner of public safety.
 14 27    b.  The commissioner of public safety shall adopt rules to
 14 28 approve certain ignition interlock devices and the means of
 14 29 installation of the devices, and shall establish the level of
 14 30 alcohol concentration beyond which an ignition interlock
 14 31 device will not allow operation of the motor vehicle in which
 14 32 it is installed.
 14 33    c.  The order to install ignition interlock devices shall
 14 34 remain in effect for a period of time as determined by the
 14 35 court which shall not exceed the maximum term of imprisonment
 15  1 which the court could have imposed according to the nature of
 15  2 the violation.  While the order is in effect, the defendant
 15  3 shall not operate a motor vehicle which does not have an
 15  4 approved ignition interlock device installed.
 15  5    d.  If the defendant's motor vehicle license or nonresident
 15  6 operating privilege has been revoked, the department shall not
 15  7 issue a temporary permit or a motor vehicle license to the
 15  8 person without certification that approved ignition interlock
 15  9 devices have been installed in all motor vehicles owned or
 15 10 operated by the defendant while the order is in effect.
 15 11    e.  A defendant who fails within a reasonable time to
 15 12 comply with an order to install an approved ignition interlock
 15 13 device may be declared in contempt of court and punished
 15 14 accordingly.
 15 15    f.  A person who tampers with or circumvents an ignition
 15 16 interlock device installed under a court order while an order
 15 17 is in effect commits a serious misdemeanor.
 15 18    Sec. 13.  Section 321J.4B, Code 1997, is amended to read as
 15 19 follows:
 15 20    321J.4B  MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION –
 15 21 PENALTY – LIABILITY OF VEHICLE OWNER.
 15 22    1.  For purposes of this section:
 15 23    a.  "Immobilized" means the installation of a device in a
 15 24 motor vehicle that completely prevents a motor vehicle from
 15 25 being operated, or the installation of an ignition interlock
 15 26 device of a type approved by the commissioner of public
 15 27 safety.
 15 28    b.  "Impoundment" means the process of seizure and
 15 29 confinement within an enclosed area of a motor vehicle, for
 15 30 the purpose of restricting access to the vehicle.
 15 31    c.  "Owner" means the registered titleholder of a motor
 15 32 vehicle; except in the case where a rental or leasing agency
 15 33 is the registered titleholder, in which case the lessee of the
 15 34 vehicle shall be treated as the owner of the vehicle for
 15 35 purposes of this section.
 16  1    2.  A motor vehicle is subject to impoundment in the
 16  2 following circumstances:
 16  3    a.  If a person is convicted of a operates a vehicle in
 16  4 violation of section 321J.2, and if convicted for that
 16  5 conduct, the conviction would be a second, third, or
 16  6 subsequent offense of operating while intoxicated, the court
 16  7 shall order that any motor vehicles owned by the person and
 16  8 used to commit the offense and any other motor vehicle used
 16  9 under section 321J.2.
 16 10    b.  If a person operates a vehicle while that person's
 16 11 motor vehicle license or operating privilege has been
 16 12 suspended, denied, revoked, or barred due to a violation of
 16 13 section 321J.2.
 16 14    Upon conviction of a defendant for a violation of this
 16 15 subsection, the clerk of court shall send notice of the
 16 16 conviction to the impounding authority.
 16 17    3.  The motor vehicle operated by the person in the
 16 18 commission of the any offense included in subsection 2 may be
 16 19 immediately impounded or immobilized in accordance with this
 16 20 section.  For purposes of this section, "immobilized" means
 16 21 the installation of a device that completely prevents a motor
 16 22 vehicle from being operated, or the installation of an
 16 23 ignition interlock device, of a type approved by the
 16 24 commissioner of public safety, in a motor vehicle.
 16 25    a.  A person or agency taking possession of an impounded or
 16 26 immobilized motor vehicle shall do the following:
 16 27    (1)  Make an inventory of any property contained in the
 16 28 vehicle, according to the agency's inventory procedure.  The
 16 29 agency responsible for the motor vehicle shall also deliver a
 16 30 copy of the inventory to the county attorney.
 16 31    (2)  Contact all rental or leasing agencies registered as
 16 32 owners of the vehicle, as well as any parties registered as
 16 33 holders of a secured interest in the vehicle, in accordance
 16 34 with subsection 12.
 16 35    b.  The county attorney shall file a copy of the inventory
 17  1 with the district court as part of each file related to
 17  2 criminal charges filed under this section.
 17  3    4.  An owner of a motor vehicle impounded or immobilized
 17  4 under this section, who knows of, should have known of, or
 17  5 gives consent to the operation of, the motor vehicle in
 17  6 violation of subsection 2, paragraph "b", shall be:
 17  7    a.  Guilty of a serious misdemeanor, and
 17  8    b.  Jointly and severally liable for any damages caused by
 17  9 the person who operated the motor vehicle, subject to the
 17 10 provisions of chapter 668.
 17 11    5.  a.  The following persons shall be entitled to
 17 12 immediate return of the motor vehicle without payment of costs
 17 13 associated with the impoundment or immobilization of the
 17 14 vehicle:
 17 15    (1)  The owner of the motor vehicle, if the person who
 17 16 operated the motor vehicle is not a co-owner of the motor
 17 17 vehicle.
 17 18    (2)  A motor vehicle rental or leasing agency that owns the
 17 19 vehicle.
 17 20    (3)  A person who owns the motor vehicle and who is charged
 17 21 but is not convicted of the violation of section 321.218,
 17 22 321.561, 321A.32, 321J.2, or 321J.21, which resulted in the
 17 23 impoundment or immobilization of the motor vehicle under this
 17 24 section.
 17 25    2. b.  The Upon conviction of the defendant for a violation
 17 26 of subsection 2, paragraph "a", the court may order continued
 17 27 impoundment, or the immobilization, of the motor vehicle used
 17 28 in the commission of the offense, if the convicted person is
 17 29 the owner of the motor vehicle, and shall specify all of the
 17 30 following in the order:
 17 31    a. (1)  The motor vehicles vehicle that are is subject to
 17 32 the order.
 17 33    b. (2)  The period of impoundment or immobilization.
 17 34    c. (3)  The person or agency responsible for carrying out
 17 35 the order requiring continued impoundment, or the
 18  1 immobilization, of the motor vehicle.
 18  2    c.  If a the vehicle which is to be impounded or
 18  3 immobilized subject to the order is in the custody of a law
 18  4 enforcement agency, the court shall designate that agency as
 18  5 the responsible agency.  If the vehicle is not in the custody
 18  6 of a law enforcement agency, the person or agency responsible
 18  7 for carrying out the order shall be any person deemed
 18  8 appropriate by the court, including but not limited to a law
 18  9 enforcement agency with jurisdiction over the area in which
 18 10 the residence of the vehicle owner is located.  The person or
 18 11 agency responsible for carrying out the order shall determine
 18 12 whether the motor vehicle shall be impounded or immobilized.
 18 13    3. d.  The period of impoundment or immobilization of a
 18 14 motor vehicle under this section shall be the period of
 18 15 license revocation imposed upon the person convicted of the
 18 16 offense or one hundred eighty days, whichever period is
 18 17 longer.  The impoundment or immobilization period shall
 18 18 commence on the day that the vehicle is actually first
 18 19 impounded or immobilized.
 18 20    4. e.  The clerk of the district court shall send a copy of
 18 21 the order to the department, the person convicted of the
 18 22 offense, the motor vehicle owner if the owner is not the
 18 23 person convicted, and the person or agency responsible for
 18 24 executing the order for impoundment or immobilization, and any
 18 25 holders of any security interests in the vehicle.
 18 26    5.  If the vehicle to be impounded or immobilized is in the
 18 27 custody of a law enforcement agency, the agency shall
 18 28 immobilize or impound the vehicle upon receipt of the order,
 18 29 seize the motor vehicle's license plates and registration, and
 18 30 shall send or deliver the vehicle's license plates and
 18 31 registration to the department.
 18 32    6. f.  If the vehicle to be impounded or immobilized
 18 33 subject to the court order is not in the custody of a law
 18 34 enforcement agency, the person or agency designated in the
 18 35 order as the person or agency responsible for executing the
 19  1 order shall, upon receipt of the order, promptly locate the
 19  2 vehicle specified in the order, seize the motor vehicle and
 19  3 the license plates, and send or deliver the vehicle's license
 19  4 plates to the department.
 19  5    7.  If the vehicle is located at a place other than the
 19  6 place at which the impoundment or immobilization court order
 19  7 is to be carried out, the person or agency responsible for
 19  8 executing the order shall arrange for the vehicle to be moved
 19  9 to the place of impoundment or immobilization.  When the
 19 10 vehicle is found, is impounded or immobilized, and is at the
 19 11 place of impoundment or immobilization, the person or agency
 19 12 responsible for executing the order shall notify the clerk of
 19 13 the date on which the order was executed.  The clerk shall
 19 14 notify the department of the date on which the order was
 19 15 executed.
 19 16    8. g.  Upon receipt of the a court order for impoundment or
 19 17 immobilization and seizure of the motor vehicle, if the agency
 19 18 responsible for carrying out the order determines that the
 19 19 motor vehicle is to be impounded for continued impoundment or
 19 20 immobilization of the motor vehicle, the agency shall review
 19 21 the value of the vehicle in relation to the costs associated
 19 22 with the period of impoundment of the motor vehicle specified
 19 23 in the order.  If the agency determines that the costs of
 19 24 impoundment of the motor vehicle exceed the actual wholesale
 19 25 value of the motor vehicle, the agency may treat the vehicle
 19 26 as an abandoned vehicle pursuant to section 321.89.  If the
 19 27 agency elects to treat the motor vehicle as abandoned, the
 19 28 agency shall notify the registered owner of the motor vehicle
 19 29 that the vehicle shall be deemed abandoned and shall be sold
 19 30 in the manner provided in section 321.89 if payment of the
 19 31 total cost of impoundment is not received within twenty-one
 19 32 days of the mailing of the notice.  The agency shall provide
 19 33 documentation regarding the valuation of the vehicle and the
 19 34 costs of impoundment.  This paragraph shall not apply to
 19 35 vehicles that are immobilized pursuant to this section or if
 20  1 subsection 15 or 16 12, paragraph "a" or "b", applies.
 20  2    6.  Upon conviction of the defendant for a second or
 20  3 subsequent violation of subsection 2, paragraph "b", the court
 20  4 shall order, if the convicted person is the owner of the motor
 20  5 vehicle used in the commission of the offense, that that motor
 20  6 vehicle be seized and forfeited to the state pursuant to
 20  7 chapters 809 and 809A.
 20  8    9. 7.  a.  Upon receipt of a notice of conviction of the
 20  9 defendant for a violation of subsection 2, the impounding
 20 10 authority shall seize the motor vehicle's license plates and
 20 11 registration, and shall send or deliver them to the
 20 12 department.
 20 13    b.  The department shall destroy license plates received
 20 14 under this section and shall not authorize the release of the
 20 15 vehicle or the issuance of new license plates for the vehicle
 20 16 until the period of impoundment or immobilization has expired,
 20 17 and the fee and costs assessed under subsection 10 have been
 20 18 paid.  The fee for issuance of new license plates and
 20 19 certificates of registration shall be the same as for the
 20 20 replacement of lost, mutilated, or destroyed license plates
 20 21 and certificates of registration.
 20 22    10. 8.  a.  Except where the person who is convicted of
 20 23 operating while intoxicated and being a second or subsequent
 20 24 offender is not lawfully in possession of the motor vehicle,
 20 25 the owner of any motor vehicle that is impounded or
 20 26 immobilized under this section shall be assessed Upon
 20 27 conviction for a violation of subsection 2, the court shall
 20 28 assess the defendant, in addition to any other penalty, a fee
 20 29 of one hundred dollars plus the cost of any expenses for
 20 30 towing, storage, and any other costs of impounding or
 20 31 immobilizing the motor vehicle, to be paid to the clerk of the
 20 32 district court.
 20 33    b.  The person or agency responsible for carrying out the
 20 34 order impoundment or immobilization under this section shall
 20 35 inform the court of the costs of towing, storage, and any
 21  1 other costs of impounding or immobilizing the motor vehicle.
 21  2 Upon payment of the fee and costs, the clerk shall forward a
 21  3 copy of the receipt to the department.
 21  4    11. c.  If a law enforcement agency impounds or immobilizes
 21  5 a motor vehicle, the amount of the fee and expenses deposited
 21  6 with the clerk shall be paid by the clerk to the law
 21  7 enforcement agency responsible for executing the order to
 21  8 reimburse the agency for costs incurred for impoundment or
 21  9 immobilization equipment and, if required, in sending officers
 21 10 to search for and locate the vehicle specified in the
 21 11 impoundment or immobilization order.
 21 12    12. 9.  Operating a motor vehicle on a street or highway in
 21 13 this state in violation of an order of impoundment or
 21 14 immobilization is a serious misdemeanor.  A motor vehicle
 21 15 which is subject to an order of impoundment or immobilization
 21 16 that is operated on a street or highway in this state in
 21 17 violation of the order shall be seized and forfeited to the
 21 18 state under chapters 809 and 809A.
 21 19    13. 10.  Once the period of impoundment or immobilization
 21 20 has expired, the owner of the motor vehicle shall have thirty
 21 21 days to claim the motor vehicle and pay the all fees and
 21 22 charges imposed under this section.  If the owner or the
 21 23 owner's designee has not claimed the vehicle and paid the all
 21 24 fees and charges imposed under this section within seven days
 21 25 from the date of expiration of the period, the clerk shall
 21 26 send written notification to the motor vehicle owner, at the
 21 27 owner's last known address, notifying the owner of the date of
 21 28 expiration of the period of impoundment or immobilization and
 21 29 of the period in which the motor vehicle must be claimed.  If
 21 30 the motor vehicle owner fails to claim the motor vehicle and
 21 31 pay the all fees and charges imposed within the thirty-day
 21 32 period, the motor vehicle shall be forfeited to the state
 21 33 under chapters 809 and 809A.
 21 34    14. 11.  a.  (1)  During the period of impoundment or
 21 35 immobilization, a person convicted of the offense of operating
 22  1 while intoxicated which resulted in the impoundment or
 22  2 immobilization the owner of an impounded or immobilized
 22  3 vehicle shall not sell or transfer the title of the motor
 22  4 vehicle which is subject to the order of impoundment or
 22  5 immobilization.  The
 22  6    (2)  A person convicted of the offense of operating while
 22  7 intoxicated an offense under subsection 2, shall also not
 22  8 purchase another motor vehicle or register any motor vehicle
 22  9 during the period of impoundment, or immobilization, or
 22 10 license revocation.
 22 11    PARAGRAPH DIVIDED.  Violation of this paragraph "a" is a
 22 12 serious misdemeanor.
 22 13    b.  If, during the period of impoundment or immobilization,
 22 14 the title to the motor vehicle which is the subject of the
 22 15 order is transferred by the foreclosure of a chattel mortgage,
 22 16 a sale upon execution, the cancellation of a conditional sales
 22 17 contract, or an order of a court, the court which enters the
 22 18 order that permits transfer of the title shall notify the
 22 19 department of the transfer of the title.  The department shall
 22 20 enter notice of the transfer of the title to the motor vehicle
 22 21 in the previous owner's vehicle registration record.
 22 22    15. 12.  Notwithstanding the other requirements of this
 22 23 section, if the owner of the motor vehicle is not the person
 22 24 who is convicted of the offense which resulted in the issuance
 22 25 of the order of impoundment or immobilization or the owner of
 22 26 the motor vehicle is a motor vehicle rental or leasing
 22 27 company, the owner, the owner's designee, or the rental or
 22 28 leasing company shall be permitted to submit a claim for
 22 29 return of the motor vehicle within twenty-four hours from
 22 30 receipt of the order for impoundment or immobilization.:
 22 31    a.  Upon learning the address or phone number of a rental
 22 32 or leasing company which owns a motor vehicle impounded or
 22 33 immobilized under this section, the peace officer, county
 22 34 attorney, or attorney general shall immediately contact the
 22 35 company to inform the company that the vehicle is available
 23  1 for return to the company.  The vehicle shall be returned to
 23  2 the owner, owner's designee, or rental or leasing company and
 23  3 the order for impoundment or immobilization shall be rescinded
 23  4 with respect to the particular motor vehicle, if the owner or
 23  5 owner's designee can prove to the satisfaction of the court
 23  6 that the owner did not know or should not have known that the
 23  7 vehicle was to be used in the commission of the offense of
 23  8 operating while intoxicated, or if the rental or leasing
 23  9 company did not know, should not have known, and did not
 23 10 consent to the operation of the motor vehicle used in the
 23 11 commission of the offense of operating while intoxicated.  For
 23 12 purposes of this section, unless the person convicted of the
 23 13 offense which results in the imposition of the order for
 23 14 impoundment or immobilization is not in lawful possession of
 23 15 the motor vehicle used in the commission of the offense, an
 23 16 owner of a motor vehicle shall be presumed to know that the
 23 17 vehicle was to be used by the person who is convicted of the
 23 18 offense, in the commission of the offense of operating while
 23 19 intoxicated.
 23 20    16. b.  Notwithstanding the requirements of this section,
 23 21 the The holder of a security interest in a vehicle which is
 23 22 impounded or immobilized pursuant to this section or forfeited
 23 23 in the manner provided in chapters 809 and 809A shall be
 23 24 notified of the impoundment, immobilization, or forfeiture
 23 25 within seventy-two hours of the seizure of the vehicle and
 23 26 shall have the right to claim the motor vehicle without
 23 27 payment of any fees or surcharges unless the value of the
 23 28 vehicle exceeds the value of the security interest held by the
 23 29 creditor.
 23 30    17. c.  Notwithstanding the requirements of this section,
 23 31 any Any of the following persons may make application to the
 23 32 court for permission to operate a motor vehicle, which is
 23 33 impounded or immobilized pursuant to this section, during the
 23 34 period of impoundment or immobilization, if the applicant's
 23 35 motor vehicle license or operating privilege has not been
 24  1 suspended, denied, or revoked, or barred, and an ignition
 24  2 interlock device of a type approved by the commissioner of
 24  3 public safety is installed in the motor vehicle prior to
 24  4 operation:
 24  5    a. (1)  A person, other than the person who committed the
 24  6 offense which resulted in the impoundment or immobilization,
 24  7 who is not a member of the immediate family of the person who
 24  8 committed the offense but is a joint owner of the motor
 24  9 vehicle.
 24 10    b. (2)  A member of the immediate family of the person who
 24 11 committed the offense which resulted in the impoundment or
 24 12 immobilization, if the member demonstrates that the motor
 24 13 vehicle that is subject to the order for impoundment or
 24 14 immobilization is the only motor vehicle possessed by the
 24 15 family.
 24 16    For purposes of this section, "a member of the immediate
 24 17 family" means a spouse, child, or parent of the person who
 24 18 committed the offense.
 24 19    18. 13.  The impoundment, immobilization, or forfeiture of
 24 20 a motor vehicle under this chapter does not constitute loss of
 24 21 use of a motor vehicle for purposes of any contract of
 24 22 insurance.
 24 23    Sec. 14.  Section 321J.6, subsection 1, paragraphs d, f,
 24 24 and g, Code 1997, are amended to read as follows:
 24 25    d.  The preliminary breath screening test was administered
 24 26 and it indicated an alcohol concentration as defined in equal
 24 27 to or in excess of the level prohibited by section 321J.1 of
 24 28 .10 or more 321J.2.
 24 29    f.  The preliminary breath screening test was administered
 24 30 and it indicated an alcohol concentration of less than 0.10
 24 31 the level prohibited by section 321J.2, and the peace officer
 24 32 has reasonable grounds to believe that the person was under
 24 33 the influence of a drug other than alcohol, or a combination
 24 34 of alcohol and another drug.
 24 35    g.  The preliminary breath screening test was administered
 25  1 and it indicated an alcohol concentration of .02 or more but
 25  2 less than .10 in excess of the level prohibited by section
 25  3 321J.2A, but less than the amount prohibited by section
 25  4 321J.2, and the person is under the age of twenty-one.
 25  5    Sec. 15.  Section 321J.7, Code 1997, is amended to read as
 25  6 follows:
 25  7    321J.7  DEAD OR UNCONSCIOUS PERSONS.
 25  8    A person who is dead, unconscious, or otherwise in a
 25  9 condition rendering the person incapable of consent or refusal
 25 10 is deemed not to have withdrawn the consent provided by
 25 11 section 321J.6, and the test may be given if a licensed
 25 12 physician certifies in advance of the test that the person is
 25 13 dead, unconscious, or otherwise in a condition rendering that
 25 14 person incapable of consent or refusal.  If the certification
 25 15 is oral, written certification shall be completed by the
 25 16 physician within one hour of the test.
 25 17    Sec. 16.  Section 321J.8, subsection 2, Code 1997, is
 25 18 amended to read as follows:
 25 19    2.  If the person submits to the test and the results
 25 20 indicate an alcohol concentration as defined in section 321J.1
 25 21 of .10 or more, or the person is under the age of twenty-one
 25 22 and the results indicate an alcohol concentration of .02 or
 25 23 more, but less than .10 a violation of section 321J.2 or
 25 24 321J.2A, the person's motor vehicle license or nonresident
 25 25 operating privilege will be revoked by the department as
 25 26 required by and for the applicable period specified under
 25 27 section 321J.12.
 25 28    Sec. 17.  Section 321J.9, subsections 1 and 2, Code 1997,
 25 29 are amended to read as follows:
 25 30    1.  If a person refuses to submit to the chemical testing,
 25 31 a test shall not be given, but the department, upon the
 25 32 receipt of the peace officer's certification, subject to
 25 33 penalty for perjury, that the officer had reasonable grounds
 25 34 to believe the person to have been operating a motor vehicle
 25 35 in violation of section 321J.2 or 321J.2A, that specified
 26  1 conditions existed for chemical testing pursuant to section
 26  2 321J.6, and that the person refused to submit to the chemical
 26  3 testing, shall revoke the person's motor vehicle license and
 26  4 any nonresident operating privilege for the following periods
 26  5 of time:
 26  6    a.  Two hundred forty days One year if the person has no
 26  7 previous revocation within the previous six years under this
 26  8 chapter; and
 26  9    b.  Five hundred forty days Two years if the person has one
 26 10 or more previous revocations within the previous six years
 26 11 under this chapter.
 26 12    2.  a.  A person whose motor vehicle license or nonresident
 26 13 operating privileges are revoked for two hundred forty days
 26 14 under subsection 1, paragraph "a", shall not be eligible for a
 26 15 temporary restricted license for at least ninety days after
 26 16 the effective date of the revocation.  A person whose motor
 26 17 vehicle license or nonresident operating privileges are
 26 18 revoked for five hundred forty days under subsection 1,
 26 19 paragraph "b", shall not be eligible for a temporary
 26 20 restricted license for at least one year after the effective
 26 21 date of the revocation.
 26 22    b.  The defendant shall be ordered to install an ignition
 26 23 interlock device of a type approved by the commissioner of
 26 24 public safety on all vehicles owned or operated by the
 26 25 defendant if the defendant seeks a temporary restricted
 26 26 license at the end of the minimum period of ineligibility.  A
 26 27 temporary restricted license shall not be granted by the
 26 28 department until the defendant installs the ignition interlock
 26 29 device.
 26 30    Sec. 18.  Section 321J.10, subsection 4, Code 1997, is
 26 31 amended to read as follows:
 26 32    4.  a.  Search warrants issued under this section shall
 26 33 authorize and direct peace officers to secure the withdrawal
 26 34 of blood specimens by medical personnel under section 321J.11.
 26 35 Reasonable care shall be exercised to ensure the health and
 27  1 safety of the persons from whom specimens are withdrawn in
 27  2 execution of the warrants.
 27  3    b.  If a person from whom a specimen is to be withdrawn
 27  4 objects to the withdrawal of blood, and the warrant may be
 27  5 executed according to the following:
 27  6    (1)  If the person is capable of giving a specimen of
 27  7 breath, and a direct breath testing instrument is readily
 27  8 available, the warrant may be executed by the withdrawal of a
 27  9 specimen of breath for chemical testing.
 27 10    (2)  If the testimony in support of the warrant sets forth
 27 11 facts and information that the peace officer has reasonable
 27 12 grounds to believe that the person was driving while under the
 27 13 influence of a drug other than alcohol, or a combination of
 27 14 alcohol and another drug, a urine test may be executed, if the
 27 15 person is capable of giving a urine sample and materials for
 27 16 testing the urine sample are readily available.
 27 17    Sec. 19.  Section 321J.12, Code 1997, is amended to read as
 27 18 follows:
 27 19    321J.12  TEST RESULT REVOCATION.
 27 20    1.  Upon certification, subject to penalty for perjury, by
 27 21 the peace officer that there existed reasonable grounds to
 27 22 believe that the person had been operating a motor vehicle in
 27 23 violation of section 321J.2, that there existed one or more of
 27 24 the necessary conditions for chemical testing described in
 27 25 section 321J.6, subsection 1, and that the person submitted to
 27 26 chemical testing and the test results indicated an alcohol
 27 27 concentration as defined in section 321J.1 of .10 or more, a
 27 28 violation of section 321J.2, the department shall revoke the
 27 29 person's motor vehicle license or nonresident operating
 27 30 privilege for the following periods of time:
 27 31    a.  One hundred eighty days if the person has had no
 27 32 revocation within the previous six years under this chapter.
 27 33    b.  One year if the person has had one or more previous
 27 34 revocations within the previous six years under this chapter.
 27 35    2.  A person whose motor vehicle license or nonresident
 28  1 operating privileges have been revoked under subsection 1,
 28  2 paragraph "a", shall not be eligible for any temporary
 28  3 restricted license for at least thirty days after the
 28  4 effective date of the revocation.  A person whose license or
 28  5 privileges have been revoked under subsection 1, paragraph
 28  6 "b", for one year shall not be eligible for any temporary
 28  7 restricted license for one year after the effective date of
 28  8 the revocation.
 28  9    3.  The effective date of the revocation shall be ten days
 28 10 after the department has mailed notice of revocation to the
 28 11 person by certified mail.  The peace officer who requested or
 28 12 directed the administration of the chemical test may, on
 28 13 behalf of the department, serve immediate notice of revocation
 28 14 on a person whose test results indicated an alcohol
 28 15 concentration of .10 or more a violation of section 321J.2.
 28 16    4.  If the peace officer serves that immediate notice, the
 28 17 peace officer shall take the person's Iowa license or permit,
 28 18 if any, and issue a temporary license valid only for ten days.
 28 19 The peace officer shall immediately send the person's driver's
 28 20 license to the department along with the officer's certificate
 28 21 indicating that the test results indicated an alcohol
 28 22 concentration of .10 or more a violation of section 321J.2.
 28 23    5.  Upon certification, subject to penalty of perjury, by
 28 24 the peace officer that there existed reasonable grounds to
 28 25 believe that the person had been operating a motor vehicle in
 28 26 violation of section 321J.2A, that there existed one or more
 28 27 of the necessary conditions for chemical testing described in
 28 28 section 321J.6, subsection 1, and that the person submitted to
 28 29 chemical testing and the test results indicated an alcohol
 28 30 concentration as defined in section 321J.1 of .02 or more but
 28 31 less than .10 in violation of section 321J.2A, the department
 28 32 shall revoke the person's motor vehicle license or operating
 28 33 privilege for a period of sixty days if the person has had no
 28 34 revocations within the previous six years under section
 28 35 321J.2A this chapter, and for a period of ninety days if the
 29  1 person has had one or more previous revocations within the
 29  2 previous six years under section 321J.2A this chapter.
 29  3    6.  The results of a chemical test may not be used as the
 29  4 basis for a revocation of a person's motor vehicle license or
 29  5 nonresident operating privilege if the alcohol concentration
 29  6 indicated by the chemical test minus the established margin of
 29  7 error inherent in the device or method used to conduct the
 29  8 chemical test does is not equal an alcohol concentration of
 29  9 .10 or more for violations under to or in excess of the level
 29 10 prohibited by section 321J.2 or of .02 or more for violations
 29 11 of section 321J.2A.
 29 12    Sec. 20.  Section 321J.13, subsection 2, Code 1997, is
 29 13 amended to read as follows:
 29 14    2.  The department shall grant the person an opportunity to
 29 15 be heard within forty-five days of receipt of a request for a
 29 16 hearing if the request is made not later than ten days after
 29 17 receipt of notice of revocation served pursuant to section
 29 18 321J.9 or 321J.12.  The hearing shall be before the department
 29 19 in the county where the alleged events occurred, unless the
 29 20 director and the person agree that the hearing may be held in
 29 21 some other county, or the hearing may be held by telephone
 29 22 conference at the discretion of the agency conducting the
 29 23 hearing.  The hearing may be recorded and its scope shall be
 29 24 limited to the issues of whether a peace officer had
 29 25 reasonable grounds to believe that the person was operating a
 29 26 motor vehicle in violation of section 321J.2 or section
 29 27 321J.2A and either one or more of the following:
 29 28    a.  Whether the person refused to submit to the test or
 29 29 tests.
 29 30    b.  Whether a test was administered and the test results
 29 31 indicated an alcohol concentration as defined in equal to or
 29 32 in excess of the level prohibited under section 321J.1 of .10
 29 33 or more or whether a test was administered and the test
 29 34 results indicated an alcohol concentration as defined in
 29 35 section 321J.1 of .02 or more pursuant to section 321J.2 or
 30  1 321J.2A.
 30  2    c.  Whether a test was administered and the test results
 30  3 indicated the presence of alcohol, another drug, or a
 30  4 combination of both, in violation of section 321J.2.
 30  5    Sec. 21.  Section 321J.13, subsection 4, Code 1997, is
 30  6 amended by striking the subsection.
 30  7    Sec. 22.  Section 321J.17, Code 1997, is amended to read as
 30  8 follows:
 30  9    321J.17  CIVIL PENALTY – DISPOSITION – LICENSE
 30 10 REINSTATEMENT.
 30 11    1.  When If the department revokes a person's motor vehicle
 30 12 license or nonresident operating privilege under this chapter,
 30 13 the department shall assess the person a civil penalty of two
 30 14 hundred dollars.  The money collected by the department under
 30 15 this section shall be transmitted to the treasurer of state
 30 16 who shall deposit one-half of the money in the separate fund
 30 17 established in section 912.14 and one-half of the money shall
 30 18 be deposited in the general fund of the state.  A motor
 30 19 vehicle license or nonresident operating privilege shall not
 30 20 be reinstated until the civil penalty has been paid.
 30 21    2.  If the department or a court orders the revocation of a
 30 22 person's motor vehicle license or nonresident operating
 30 23 privilege under this chapter, the department or court shall
 30 24 also order the person, at the person's own expense, to do the
 30 25 following:
 30 26    a.  Enroll, attend, and satisfactorily complete a course
 30 27 for drinking drivers, as provided in section 321J.22.
 30 28    b.  Submit to evaluation and treatment or rehabilitation
 30 29 services as provided in chapter 125.
 30 30    A motor vehicle license or nonresident operating privilege
 30 31 shall not be reinstated until proof of completion of the
 30 32 requirements of this subsection is presented to the
 30 33 department.
 30 34    Sec. 23.  Section 321J.20, subsection 1, unnumbered
 30 35 paragraph 1, Code 1997, is amended to read as follows:
 31  1    The department may, on application, issue a temporary
 31  2 restricted license to a person whose motor vehicle license is
 31  3 revoked under this chapter allowing the person to drive to and
 31  4 from the person's home and specified places at specified times
 31  5 which can be verified by the department and which are required
 31  6 by the person's full-time or part-time employment, continuing
 31  7 health care or the continuing health care of another who is
 31  8 dependent upon the person, continuing education while enrolled
 31  9 in an educational institution on a part-time or full-time
 31 10 basis and while pursuing a course of study leading to a
 31 11 diploma, degree, or other certification of successful
 31 12 educational completion, substance abuse treatment, and court-
 31 13 ordered community service responsibilities if the person's
 31 14 motor vehicle license has not been revoked previously under
 31 15 section 321J.4, 321J.9, or 321J.12 within the previous six
 31 16 years and if any of the following apply:
 31 17    Sec. 24.  Section 321J.20, subsection 1, paragraph a, Code
 31 18 1997, is amended to read as follows:
 31 19    a.  The person's motor vehicle license is revoked under
 31 20 section 321J.4, subsection 1, 2, 4, or 6, and the minimum
 31 21 period of ineligibility for issuance of a temporary restricted
 31 22 license has expired.  This subsection shall not apply to a
 31 23 revocation ordered under section 321J.4 resulting from a plea
 31 24 or verdict of guilty of a violation of section 321J.2 that
 31 25 involved a death.
 31 26    Sec. 25.  Section 321J.20, subsection 6, Code 1997, is
 31 27 amended to read as follows:
 31 28    6.  Following the certain minimum period periods of
 31 29 ineligibility, a temporary restricted license under this
 31 30 section shall not be issued until such time as the applicant
 31 31 installs an ignition interlock device of a type approved by
 31 32 the commissioner of public safety on all motor vehicles owned
 31 33 or operated by the applicant, in accordance with section
 31 34 321J.4, subsection 7.  Installation of an ignition interlock
 31 35 device under this section shall be required for the period of
 32  1 time for which the temporary restricted license is issued, but
 32  2 no longer than one year, unless the court order under section
 32  3 321J.4, subsection 7, provides for a longer period of time.
 32  4    Sec. 26.  Section 321J.21, Code 1997, is amended to read as
 32  5 follows:
 32  6    321J.21  DRIVING WHILE LICENSE SUSPENDED, DENIED, OR
 32  7 REVOKED, OR BARRED.
 32  8    1.  A person whose motor vehicle license or nonresident
 32  9 operating privilege has been suspended, denied, or revoked as
 32 10 provided in, or barred due to a violation of this chapter and
 32 11 who drives a motor vehicle upon the highways of this state
 32 12 while the license or privilege is suspended, denied, or
 32 13 revoked, or barred commits a serious misdemeanor, punishable
 32 14 with a mandatory fine of one thousand dollars, and may be
 32 15 imprisoned in the county jail for a period of time up to
 32 16 thirty days.  The
 32 17    2.  In addition to the fine and any jail term imposed, the
 32 18 department, upon receiving the record of the conviction of a
 32 19 person under this section upon a charge of driving a motor
 32 20 vehicle while the license of the person was revoked or
 32 21 suspended, denied, revoked, or barred shall extend the period
 32 22 of revocation or suspension, denial, revocation, or bar for an
 32 23 additional like period, and the department shall not issue a
 32 24 new license during the additional period.
 32 25    Sec. 27.  Section 321J.22, Code 1997, is amended to read as
 32 26 follows:
 32 27    321J.22  COURT-ORDERED DRINKING DRINKING DRIVERS COURSE.
 32 28    1.  As used in this section, unless the context otherwise
 32 29 requires:
 32 30    a.  "Course for drinking drivers" means an approved course
 32 31 designed to inform the offender about drinking and driving and
 32 32 encourage the offender to assess the offender's own drinking
 32 33 and driving behavior in order to select practical
 32 34 alternatives.
 32 35    b.  "Satisfactory completion of a course" means receiving
 33  1 at the completion of a course a grade from the course
 33  2 instructor of "C" or "2.0," or better.
 33  3    2.  After a conviction for, or a plea of guilty of, a
 33  4 violation of section 321J.2, the court in addition to its
 33  5 power to commit the defendant for treatment of alcoholism
 33  6 under section 321J.3, may order the defendant, at the
 33  7 defendant's own expense, to enroll in, attend, and
 33  8 successfully complete a course for drinking drivers.  The
 33  9 court may alternatively or additionally require the defendant
 33 10 to seek evaluation, treatment or rehabilitation services under
 33 11 section 125.33 at the defendant's expense and to furnish
 33 12 evidence of successful completion.  A copy of the order shall
 33 13 be forwarded to the department.
 33 14    3. 2.  The course provided in according to this section
 33 15 shall be offered on a regular basis at each community college
 33 16 as defined in section 260C.2.  Enrollment in the courses is
 33 17 not limited to persons ordered to enroll, attend, and
 33 18 successfully complete the course required under sections
 33 19 321J.2 and 321J.17, subsection 2, and any person convicted of
 33 20 a violation of section 321J.2 who was not ordered to enroll in
 33 21 a course may enroll in and attend a course for drinking
 33 22 drivers.  The course required by this section shall be taught
 33 23 by the community colleges under the department of education
 33 24 and approved by the department.  The department of education
 33 25 shall establish reasonable fees to defray the expense of
 33 26 obtaining classroom space, instructor salaries, and class
 33 27 materials.  A person shall not be denied enrollment in a
 33 28 course by reason of the person's indigency.
 33 29    4. 3.  An employer shall not discharge a person from
 33 30 employment solely for the reason of work absence to attend a
 33 31 course required by this section.  Any employer who violates
 33 32 this section is liable for damages which include but are not
 33 33 limited to actual damages, court costs, and reasonable
 33 34 attorney fees.  The person may also petition the court for
 33 35 imposition of a cease and desist order against the person's
 34  1 employer and for reinstatement to the person's previous
 34  2 position of employment.
 34  3    5. 4.  The department of education shall prepare a list of
 34  4 the locations of the courses taught under this section, the
 34  5 dates and times taught, the procedure for enrollment, and the
 34  6 schedule of course fees.  The list shall be kept current and a
 34  7 copy of the list shall be sent to each court having
 34  8 jurisdiction over offenses provided in this chapter.
 34  9    6. 5.  The department of education shall maintain
 34 10 enrollment, attendance, successful and nonsuccessful
 34 11 completion data on the persons ordered to enroll, attend, and
 34 12 successfully complete a course for drinking drivers.  This
 34 13 data shall be forwarded to the court.
 34 14    Sec. 28.  Section 707.6A, subsection 1, Code 1997, is
 34 15 amended to read as follows:
 34 16    1.  A person commits a class "C" felony when the person
 34 17 unintentionally causes the death of another by any of the
 34 18 following means:
 34 19    a.  Operating operating a motor vehicle while under the
 34 20 influence of alcohol or other drug or a combination of such
 34 21 substances or while having an alcohol concentration
 34 22 intoxicated, as defined in prohibited by section 321J.1,
 34 23 subsection 1, of .10 or more 321J.2.  Upon a plea or verdict
 34 24 of guilty of a violation of this paragraph subsection, the
 34 25 court shall order do the following:
 34 26    a.  Order the state department of transportation to revoke
 34 27 the defendant's motor vehicle license or nonresident operating
 34 28 privileges for a period of six years.  The defendant shall
 34 29 surrender to the court any Iowa license or permit and the
 34 30 court shall forward it the license or permit to the department
 34 31 with a copy of the revocation order.  The defendant shall not
 34 32 be eligible for a temporary restricted license for at least
 34 33 two years after the revocation.
 34 34    b.  Order the defendant, at the defendant's expense, to do
 34 35 the following:
 35  1    (1)  Enroll, attend, and satisfactorily complete a course
 35  2 for drinking drivers, as provided in section 321J.22.
 35  3    (2)  Submit to evaluation and treatment or rehabilitation
 35  4 services as provided in chapter 125.
 35  5    c.  A motor vehicle license or nonresident operating
 35  6 privilege shall not be reinstated until proof of completion of
 35  7 the requirements of paragraph "b" is presented to the
 35  8 department.
 35  9    1A.  A person commits a class "C" felony when the person
 35 10 unintentionally causes the death of another by any of the
 35 11 following means:
 35 12    b. a.  Driving a motor vehicle in a reckless manner with
 35 13 willful or wanton disregard for the safety of persons or
 35 14 property, in violation of section 321.277.
 35 15    c. b.  Eluding or attempting to elude a pursuing law
 35 16 enforcement vehicle, in violation of section 321.279, if the
 35 17 death of the other person directly or indirectly results from
 35 18 the violation.
 35 19    Sec. 29.  Section 707.6A, Code 1997, is amended by adding
 35 20 the following new subsection:
 35 21    NEW SUBSECTION.  6.  Notwithstanding the provisions of
 35 22 sections 901.5 and 907.3, the court shall not defer judgment
 35 23 or sentencing, or suspend execution of any part of the
 35 24 sentence applicable to the defendant for a violation of
 35 25 subsection 1, or for a violation of subsection 3 involving the
 35 26 operation of a motor vehicle while intoxicated if any of the
 35 27 following apply:
 35 28    a.  If the defendant's alcohol concentration established by
 35 29 the results of an analysis of a specimen of the defendant's
 35 30 blood, breath, or urine withdrawn in accordance with chapter
 35 31 321J exceeds .15.
 35 32    b.  If the defendant has previously been convicted of a
 35 33 violation of section 321J.2, subsection 1, or a violation of a
 35 34 statute in another state substantially corresponding to
 35 35 section 321J.2, subsection 1.
 36  1    c.  If the defendant has previously received a deferred
 36  2 judgment or sentence for a violation of section 321J.2,
 36  3 subsection 1, or for a violation of a statute in another state
 36  4 substantially corresponding to section 321J.2, subsection 1.
 36  5    Sec. 30.  Section 809A.3, subsections 4 and 5, Code 1997,
 36  6 are amended to read as follows:
 36  7    4.  A violation of section 321J.4B, subsection 12.
 36  8    5. 4.  Notwithstanding subsections 1 through 4 3,
 36  9 violations of chapter 321 or 321J, except section 321J.4B,
 36 10 subsection 12, shall not be considered conduct giving rise to
 36 11 forfeiture, except for violations of the following:
 36 12    a.  A second or subsequent violation of section 321J.4B,
 36 13 subsection 2, paragraph "b".
 36 14    b.  Section 321J.4B, subsection 9.
 36 15    Sec. 31.  Section 907.3, subsection 1, paragraph g, Code
 36 16 1997, is amended to read as follows:
 36 17    g.  The offense is a violation of section 321J.2 and,
 36 18 within the previous six years, the person has been convicted
 36 19 of a violation of that section or the person's driver's
 36 20 license has been revoked pursuant to section 321J.4, 321J.9,
 36 21 or 321J.12, subsection 1; section 707.6A, subsection 1; or a
 36 22 violation of section 707.6A, subsection 3, involving operation
 36 23 of a motor vehicle while intoxicated, and any of the following
 36 24 apply:
 36 25    (1)  If the defendant's alcohol concentration established
 36 26 by the results of an analysis of a specimen of the defendant's
 36 27 blood, breath, or urine withdrawn in accordance with chapter
 36 28 321J exceeds .15.
 36 29    (2)  If the defendant has previously been convicted of a
 36 30 violation of section 321J.2, subsection 1, or a violation of a
 36 31 statute in another state substantially corresponding to
 36 32 section 321J.2, subsection 1.
 36 33    (3)  If the defendant has previously received a deferred
 36 34 judgment or sentence for a violation of section 321J.2,
 36 35 subsection 1, or for a violation of a statute in another state
 37  1 substantially corresponding to section 321J.2, subsection 1.
 37  2    Sec. 32.  Section 907.3, subsections 2 and 3, Code 1997,
 37  3 are amended to read as follows:
 37  4    2.  At the time of or after pronouncing judgment and with
 37  5 the consent of the defendant, the court may defer the sentence
 37  6 and assign the defendant to the judicial district department
 37  7 of correctional services.  The court may assign the defendant
 37  8 to supervision or services under section 901B.1 at the level
 37  9 of sanctions which the district department determines to be
 37 10 appropriate, if an intermediate criminal sanctions plan and
 37 11 program has been adopted in the judicial district under
 37 12 section 901B.1.  However, the court shall not defer the
 37 13 sentence for a violation of section any of the following:
 37 14    a.  Section 708.2A, if the defendant has previously
 37 15 received a deferred judgment or sentence for a violation of
 37 16 section 708.2 or 708.2A which was issued on a domestic abuse
 37 17 assault, or if similar relief was granted anywhere in the
 37 18 United States concerning that jurisdiction's statutes which
 37 19 substantially correspond to domestic abuse assault as provided
 37 20 in section 708.2A.  In addition, the court shall not defer a
 37 21 sentence if it is imposed for a conviction for or plea of
 37 22 guilty to a violation of section
 37 23    b.  Section 236.8 or for contempt pursuant to section 236.8
 37 24 or 236.14.
 37 25    c.  Section 321J.2, subsection 1; section 707.6A,
 37 26 subsection 1; or a violation of section 707.6A, subsection 3,
 37 27 involving operation of a motor vehicle while intoxicated, if
 37 28 any of the following apply:
 37 29    (1)  If the defendant's alcohol concentration established
 37 30 by the results of an analysis of a specimen of the defendant's
 37 31 blood, breath, or urine withdrawn in accordance with chapter
 37 32 321J exceeds .15.
 37 33    (2)  If the defendant has previously been convicted of a
 37 34 violation of section 321J.2, subsection 1, or a violation of a
 37 35 statute in another state substantially corresponding to
 38  1 section 321J.2, subsection 1.
 38  2    (3)  If the defendant has previously received a deferred
 38  3 judgment or sentence for a violation of section 321J.2,
 38  4 subsection 1, or for a violation of a statute in another state
 38  5 substantially corresponding to section 321J.2, subsection 1.
 38  6    Upon a showing that the defendant is not fulfilling the
 38  7 conditions of probation, the court may revoke probation and
 38  8 impose any sentence authorized by law.  Before taking such
 38  9 action, the court shall give the defendant an opportunity to
 38 10 be heard on any matter relevant to the proposed action.  Upon
 38 11 violation of the conditions of probation, the court may
 38 12 proceed as provided in chapter 908.
 38 13    3.  By record entry at the time of or after sentencing, the
 38 14 court may suspend the sentence and place the defendant on
 38 15 probation upon such terms and conditions as it may require
 38 16 including commitment to an alternate jail facility or a
 38 17 community correctional residential treatment facility for a
 38 18 specific number of days to be followed by a term of probation
 38 19 as specified in section 907.7, or commitment of the defendant
 38 20 to the judicial district department of correctional services
 38 21 for supervision or services under section 901B.1 at the level
 38 22 of sanctions which the district department determines to be
 38 23 appropriate.  A person so committed who has probation revoked
 38 24 shall be given credit for such time served.  However, the
 38 25 court shall not suspend the any of the following sentences:
 38 26    a.  The minimum term of two days imposed pursuant to
 38 27 section 708.2A, subsection 6, paragraph "a", or a sentence
 38 28 imposed under section 708.2A, subsection 6, paragraph "b", and
 38 29 the court shall not suspend a
 38 30    b.  A sentence imposed pursuant to section 236.8 or 236.14
 38 31 for contempt.
 38 32    c.  A sentence imposed pursuant to a violation of section
 38 33 321J.2, subsection 1; section 707.6A, subsection 1; or a
 38 34 violation of section 707.6A, subsection 3, involving operation
 38 35 of a motor vehicle while intoxicated, if any of the following
 39  1 apply:
 39  2    (1)  If the defendant's alcohol concentration established
 39  3 by the results of an analysis of a specimen of the defendant's
 39  4 blood, breath, or urine withdrawn in accordance with chapter
 39  5 321J exceeds .15.
 39  6    (2)  If the defendant has previously been convicted of a
 39  7 violation of section 321J.2, subsection 1, or a violation of a
 39  8 statute in another state substantially corresponding to
 39  9 section 321J.2, subsection 1.
 39 10    (3)  If the defendant has previously received a deferred
 39 11 judgment or sentence for a violation of section 321J.2,
 39 12 subsection 1, or for a violation of a statute in another state
 39 13 substantially corresponding to section 321J.2, subsection 1.
 39 14    Sec. 33.  EFFECTIVE AND APPLICABILITY DATES.  Sections 2
 39 15 through 5 of this Act take effect on July 1, 1997, for the
 39 16 purpose of adoption of rules by the department of
 39 17 transportation.  Sections 2 through 5 of this Act are
 39 18 applicable to licenses issued to minors on and after July 1,
 39 19 1998.
 39 20    Sec. 34.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 39 21 3, shall not apply to this Act.  
 39 22                           EXPLANATION
 39 23    This bill amends the laws relating to the offense of
 39 24 operating while intoxicated, and to operating privileges for
 39 25 minors.
 39 26    This bill amends Code section 321J.2, subsection 8, by
 39 27 removing the $2,000 limitation on victim restitution owed by a
 39 28 convicted drunk driver, and making restitution available to
 39 29 any public agency for the costs of emergency response services
 39 30 related to the acts underlying the drunk driving conviction,
 39 31 up to $500 per agency per response.
 39 32    The bill amends Code section 321J.4 by deleting the six-
 39 33 year period which a court uses in determining how many total
 39 34 prior OWI convictions a defendant has and what punishment is
 39 35 therefore applicable.  The bill makes a similar change with
 40  1 regard to license revocations in other portions of chapter
 40  2 321J.  The bill makes a related amendment to Code section
 40  3 321.12 by deleting the requirement that the department of
 40  4 transportation destroy records pertaining to OWI arrests or
 40  5 convictions after 12 years and requiring that such records be
 40  6 permanently maintained by the department.
 40  7    The bill further amends Code section 321J.4 by providing
 40  8 that a temporary restricted license or early license
 40  9 reinstatement shall not be available for persons convicted of
 40 10 a second OWI for at least one year of the two year revocation
 40 11 and on a third or subsequent OWI violation for at least two
 40 12 years after the six-year revocation.  Ignition interlock
 40 13 devices are required as a condition for issuance of a
 40 14 temporary restricted license for any person convicted of a
 40 15 second or subsequent offense under Code section 321J.2.  A
 40 16 conforming amendment is made to section 321J.20.  A similar
 40 17 provision is added in Code section 707.6A for persons
 40 18 convicted of causing death as a result of an OWI violation,
 40 19 and conforming amendment are made in Code sections 321J.4 and
 40 20 321J.20.
 40 21    The bill amends Code section 321J.4B by providing that if a
 40 22 person is convicted of a second or subsequent offense of
 40 23 driving a vehicle while that person's license is suspended,
 40 24 denied, revoked, or barred for a violation of chapter 321J,
 40 25 then in addition to the applicable criminal penalty, the
 40 26 vehicle used in commission of the offense shall be subject to
 40 27 seizure and forfeiture pursuant to chapters 809 and 809A.
 40 28 Conforming amendments are made to Code section 809A.3.  The
 40 29 bill also establishes a serious misdemeanor offense for any
 40 30 person who knowingly consents to operation of the person's
 40 31 vehicle by a person whose license is suspended, denied,
 40 32 revoked, or barred for a violation of chapter 321J, and
 40 33 provides for civil liability by such a vehicle owner for
 40 34 damages caused by the drunk driver.
 40 35    The bill provides that an oral certification of death or
 41  1 unconsciousness of an OWI suspect under Code section 321J.7
 41  2 must be placed in writing within one hour of the oral
 41  3 certification.
 41  4    The bill increases the penalties for refusal to consent to
 41  5 chemical testing under Code section 321J.9 to one year for
 41  6 persons with no previous OWI-related revocation, and two years
 41  7 for persons with one or more previous OWI-related revocations.
 41  8    The bill strikes Code section 321J.13, subsection 4, which
 41  9 currently requires the department of transportation to reopen
 41 10 an administrative hearing under certain circumstances.
 41 11    The bill amends Code section 321J.17 by requiring that all
 41 12 persons whose licenses are revoked under chapter 321J complete
 41 13 a course for drinking drivers and substance abuse evaluation
 41 14 prior to any reinstatement of the person's license.
 41 15 Conforming amendments are made in Code sections 321J.2,
 41 16 321J.3, and 321J.22.  A similar requirement has been added in
 41 17 Code section 707.6A for persons convicted of causing a death
 41 18 in the course of an OWI violation.
 41 19    This bill provides for a mandatory fine of $1,000 and a
 41 20 discretionary jail sentence of up to 30 days for driving a
 41 21 motor vehicle when the defendant's license has been revoked or
 41 22 denied for operating a motor vehicle while intoxicated under
 41 23 chapter 321J.
 41 24    The bill amends Code section 907.3 to eliminate deferred
 41 25 judgments, deferred sentences, and suspended sentences for OWI
 41 26 violations in certain cases.  Conforming amendments are made
 41 27 throughout Code chapter 321J and Code section 707.6A.
 41 28    This bill amends Code section 321.182, 321.184, and 321.189
 41 29 to establish a multistep process for obtaining a driver's
 41 30 license for minors.  Beginning July 1, 1998, a minor who is
 41 31 issued a driver's license shall first have held an instruction
 41 32 permit for at least six months, have logged at least 50 hours
 41 33 of supervised driving, at least 10 hours of which shall be
 41 34 during hours of darkness, shall not have any traffic accidents
 41 35 or violations, other than parking violations, during the three
 42  1 months preceding issuance of the license, and shall have
 42  2 completed an approved driver education course.  The bill
 42  3 creates new licenses specifically for 16-year-olds.  These
 42  4 licenses, class C1 for motor vehicles other than motorcycles
 42  5 and class M1 for motorcycles, restrict operation of a motor
 42  6 vehicle to between the hours of 5 a.m.  and midnight unless
 42  7 the license holder is accompanied by a parent or guardian or
 42  8 traveling to or from the license holder's job.  In order to
 42  9 obtain a regular driver's license, a person has to be 17 years
 42 10 of age, have held a class C1 or M1 license for at least six
 42 11 months, and have no accidents or traffic violations other than
 42 12 parking violations for the three months immediately preceding
 42 13 issuance of a regular license.  The bill takes effect July 1,
 42 14 1997, for the purpose of adoption of rules by the department
 42 15 of transportation.  The bill is applicable to licenses issued
 42 16 to minors on and after July 1, 1998.
 42 17    Numerous technical changes are made throughout Code chapter
 42 18 321J.
 42 19    This bill may include a state mandate as defined in Code
 42 20 chapter 25B.  This bill makes inapplicable Code section 25B.2,
 42 21 subsection 3, which would relieve a political subdivision from
 42 22 complying with a state mandate if funding for the cost of the
 42 23 state mandate is not provided or specified.  Therefore,
 42 24 political subdivisions are required to comply with any state
 42 25 mandate included in this bill.  
 42 26 LSB 2472HC 77
 42 27 jls/jj/8
     

Text: HSB00221                          Text: HSB00223
Text: HSB00200 - HSB00299               Text: HSB Index
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