Text: S03362                            Text: S03364
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3363

Amendment Text

PAG LIN
  1  1    Amend House File 707, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 321.12, Code 1997, is amended
  1  6 to read as follows:
  1  7    321.12  OBSOLETE RECORDS DESTROYED.
  1  8    1.  The director may destroy any records of the
  1  9 department which have been maintained on file for
  1 10 three years which the director deems obsolete and of
  1 11 no further service in carrying out the powers and
  1 12 duties of the department, except as otherwise provided
  1 13 in this section.
  1 14    2.  However, operating Operating records relating
  1 15 to a person who has been issued a commercial driver's
  1 16 license shall be maintained on file in accordance with
  1 17 rules adopted by the department.
  1 18    3.  The following records may be destroyed
  1 19 according to the following requirements:
  1 20    a.  Records concerning suspensions authorized under
  1 21 section 321.210, subsection 1, paragraph "g", and
  1 22 section 321.210A may be destroyed six months after the
  1 23 suspension is terminated and the requirements of
  1 24 section 321.191 have been satisfied.
  1 25    b.  Records concerning suspensions and surrender of
  1 26 licenses or registrations required under section
  1 27 321A.31 for failing to maintain proof of financial
  1 28 responsibility, as defined in section 321A.1, may be
  1 29 destroyed six months after the requirements of
  1 30 sections 321.191 and 321A.29 have been satisfied.
  1 31    4.  The director shall not destroy any operating
  1 32 records pertaining to arrests or convictions for
  1 33 operating while intoxicated, in violation of section
  1 34 321J.2, which are more than twelve years old.  The
  1 35 twelve-year period shall commence with the date of the
  1 36 arrest or conviction for the offense, whichever first
  1 37 occurs.  However, the director shall not destroy
  1 38 operating records which pertain to arrests or
  1 39 convictions for operating while intoxicated after the
  1 40 expiration of twelve years when the motor vehicle
  1 41 being operated was a commercial motor vehicle or if
  1 42 all of the provisions of the court order have not been
  1 43 satisfied.
  1 44    The director shall destroy any or operating records
  1 45 pertaining to revocations for violations of section
  1 46 321J.2A which are more than twelve years old.  The
  1 47 twelve-year period shall commence with the date the
  1 48 revocation of the person's operating privileges
  1 49 becomes effective.  This paragraph shall not apply to
  1 50 records of revocations which pertain to violations of
  2  1 section 321J.2A by persons operating a commercial
  2  2 motor vehicle, except that one conviction or
  2  3 revocation under section 321J.2 or 321J.2A shall be
  2  4 deleted from the operating records during the lifetime
  2  5 of the individual driver if the following conditions
  2  6 are satisfied:
  2  7    a.  The conviction or revocation occurred when the
  2  8 individual was under the age of twenty-one.
  2  9    b.  No other convictions or revocations pursuant to
  2 10 chapter 321J were imposed on the individual between
  2 11 the time of the first conviction or revocation under
  2 12 chapter 321J and the time the individual reached the
  2 13 age of twenty-five."
  2 14    #2.  Page 1, by inserting before line 5 the
  2 15 following:
  2 16    "Sec. ___.  NEW SECTION.  321J.1A  PUBLICATION OF
  2 17 LAW.
  2 18    1.  The department of public safety, the governor's
  2 19 traffic safety bureau, the state department of
  2 20 transportation, the governor, and the attorney general
  2 21 shall cooperate in an ongoing public education
  2 22 campaign to inform the citizens of this state of the
  2 23 dangers and the specific legal consequences of driving
  2 24 drunk in this state.  The entities shall use their
  2 25 best efforts to utilize all available opportunities
  2 26 for making public service announcements on television
  2 27 and radio broadcasts, and to obtain and utilize
  2 28 federal funds for highway safety and other grants in
  2 29 conducting the public education campaign.
  2 30    2.  The department shall publish pamphlets
  2 31 containing the criminal and administrative penalties
  2 32 for drunk driving, and related laws, rules,
  2 33 instructions, and explanatory matter.  This
  2 34 information may be included in pamphlets containing
  2 35 information related to other motor vehicle laws,
  2 36 published pursuant to section 321.15.  Copies of such
  2 37 pamphlets shall be given wide distribution, and a
  2 38 supply shall be made available to each county
  2 39 treasurer."
  2 40    #3.  Page 1, by striking lines 9 through 19 and
  2 41 inserting the following:
  2 42    "a.  A serious misdemeanor for the first offense
  2 43 and shall be imprisoned, punishable by all of the
  2 44 following:
  2 45    (1)  Imprisonment in the county jail or community-
  2 46 based correctional facility for not less than forty-
  2 47 eight hours, to be served consecutively, as ordered by
  2 48 the court, less credit for any time the person was
  2 49 confined in a jail or detention facility following
  2 50 arrest, and assessed.  Pursuant to subsection 2A, this
  3  1 sentence shall not be deferred or suspended.  However,
  3  2 the court, in ordering service of the sentence and in
  3  3 its discretion, may accommodate the defendant's work
  3  4 schedule.
  3  5    (2)  Assessment of a fine of not less than five
  3  6 hundred dollars nor more than one thousand dollars.
  3  7 As an alternative to a portion or all of the fine, the
  3  8 court may order the person to perform not more than
  3  9 two hundred hours of unpaid community service.  The
  3 10 court may accommodate the sentence to the work
  3 11 schedule of the defendant.
  3 12    (3)  Revocation of the person's motor vehicle
  3 13 license pursuant to section 321J.4, subsection 1,
  3 14 section 321J.9, or section 321J.12, which includes a
  3 15 minimum revocation period of one hundred eighty days,
  3 16 including a minimum period of ineligibility for a
  3 17 temporary restricted license of thirty days, and may
  3 18 involve a revocation period of one year.
  3 19    (4)  Assignment to substance abuse evaluation and
  3 20 treatment, a course for drinking drivers, and, if
  3 21 available and appropriate, a reality education
  3 22 substance abuse prevention program pursuant to
  3 23 subsection 2A."
  3 24    #4.  Page 1, by striking line 25, and inserting the
  3 25 following:  "fine of not less than seven one thousand
  3 26 five hundred fifty dollars nor more than five thousand
  3 27 dollars."
  3 28    #5.  Page 1, by striking line 31, and inserting the
  3 29 following:  "of not less than seven two thousand five
  3 30 hundred fifty dollars nor more than seven thousand
  3 31 five hundred dollars.  The minimum"
  3 32    #6.  Page 2, line 23, by striking the word
  3 33 "minimum".
  3 34    #7.  By striking page 2, line 24, through page 3,
  3 35 line 3, and inserting the following:  "applicable to
  3 36 the defendant under subsection 2."
  3 37    #8.  Page 3, by striking line 7 and inserting the
  3 38 following:
  3 39    "c.  Where the program is available and is
  3 40 appropriate for the convicted person, a person
  3 41 convicted of an offense under subsection 2 shall be
  3 42 ordered to participate in a reality education
  3 43 substance abuse prevention program as provided in
  3 44 section 321J.24.
  3 45    d.  A minimum term of imprisonment in a county jail
  3 46 or".
  3 47    #9.  Page 3, by striking lines 22 through 30 and
  3 48 inserting the following:
  3 49    "3.  No conviction for, deferred judgment for, or
  3 50 plea of guilty to, a violation of this section which
  4  1 occurred more than six years prior to the date of the
  4  2 violation charged shall be considered in determining
  4  3 that the violation charged is a second, third, or
  4  4 subsequent offense.  For the purpose of In determining
  4  5 if a violation charged is a second, third, or
  4  6 subsequent offense, deferred for purposes of criminal
  4  7 sentencing or license revocation under this chapter:
  4  8    a.  Any conviction or revocation deleted from motor
  4  9 vehicle operating records pursuant to section 321.12
  4 10 shall not be considered as a previous offense.
  4 11    b.  Deferred judgments entered pursuant to previous
  4 12 versions of section 907.3 for violations of this
  4 13 section and convictions shall be counted as previous
  4 14 offenses.
  4 15    c.  Convictions or the equivalent of deferred
  4 16 judgments for".
  4 17    #10.  Page 4, line 18, by striking the word
  4 18 "other".
  4 19    #11.  Page 4, line 20, by striking the words "or
  4 20 receiving a deferred judgment for" and inserting the
  4 21 following:  "or receiving a deferred judgment for".
  4 22    #12.  Page 7, by striking lines 31 and 32 and
  4 23 inserting the following:  "conviction or revocation
  4 24 under this chapter within the previous six years and
  4 25 the.  The defendant shall not be".
  4 26    #13.  Page 8, by striking line 13, and inserting
  4 27 the following:  "under this chapter within the
  4 28 previous six years.  The".
  4 29    #14.  Page 10, lines 21 and 22, by striking the
  4 30 words "or as a condition of a deferred judgment for"
  4 31 and inserting the following:  "or as a condition of a
  4 32 deferred judgment for".
  4 33    #15.  Page 12, by striking lines 17 through 19 and
  4 34 inserting the following:
  4 35    "The clerk of court shall send notice of a
  4 36 conviction of an offense for which the vehicle was
  4 37 impounded to the impounding authority upon conviction
  4 38 of the defendant for such offense.
  4 39    Impoundment of the vehicle under this section may
  4 40 occur in addition to any criminal penalty imposed
  4 41 under chapter 321 or this chapter for the underlying
  4 42 criminal offense."
  4 43    #16.  Page 18, line 14, by striking the word "this"
  4 44 and inserting the following:  "this".
  4 45    #17.  Page 21, line 2, by striking the words
  4 46 "twenty-four hours" and inserting the following:  "a
  4 47 reasonable time".
  4 48    #18.  Page 21, by striking line 17, and inserting
  4 49 the following:  "previous revocation within the
  4 50 previous six years under".
  5  1    #19.  Page 21, by striking lines 19 through 21 and
  5  2 inserting the following:
  5  3    "b.  Five hundred forty days Two years if the
  5  4 person has one or more had a previous revocations
  5  5 within the previous six years revocation under this
  5  6 chapter."
  5  7    #20.  Page 22, by striking line 8 and inserting the
  5  8 following:  "revocation within the previous six years
  5  9 under this".
  5 10    #21.  Page 22, by striking lines 10 through 12 and
  5 11 inserting the following:
  5 12    "b.  One year if the person has had one or more a
  5 13 previous revocations within the previous six years
  5 14 revocation under this chapter."
  5 15    #22.  Page 22, by striking lines 15 through 29 and
  5 16 inserting the following:
  5 17    "5.  Upon certification, subject to penalty of
  5 18 perjury, by the peace officer that there existed
  5 19 reasonable grounds to believe that the person had been
  5 20 operating a motor vehicle in violation of section
  5 21 321J.2A, that there existed one or more of the
  5 22 necessary conditions for chemical testing described in
  5 23 section 321J.6, subsection 1, and that the person
  5 24 submitted to chemical testing and the test results
  5 25 indicated an alcohol concentration as defined in
  5 26 section 321J.1 of .02 or more but less than .10, the
  5 27 department shall revoke the person's motor vehicle
  5 28 license or operating privilege for a period of sixty
  5 29 days if the person has had no revocations within the
  5 30 previous six years previous revocation under section
  5 31 321J.2A this chapter, and for a period of ninety days
  5 32 if the person has had one or more a previous
  5 33 revocations within the previous six years revocation
  5 34 under section 321J.2A this chapter."
  5 35    #23.  Page 23, by inserting before line 18 the
  5 36 following:
  5 37    "The court or department may request that the
  5 38 community college conducting the course for drinking
  5 39 drivers which the person is ordered to attend
  5 40 immediately report to the court or department that the
  5 41 person has successfully completed the course for
  5 42 drinking drivers.  The court or department may request
  5 43 that the treatment program which the person attends
  5 44 periodically report on the defendant's attendance and
  5 45 participation in the program, as well as the status of
  5 46 treatment or rehabilitation."
  5 47    #24.  Page 24, lines 4 and 5, by striking the words
  5 48 "within the previous six twelve years" and inserting
  5 49 the following:  "within the previous six years".
  5 50    #25.  Page 26, by inserting before line 35 the
  6  1 following:
  6  2    "Sec.    .  Section 321J.24, subsection 1,
  6  3 paragraph b, Code 1997, is amended to read as follows:
  6  4    b.  "Participant" means a person who is sixteen
  6  5 years of age or older but under the age of twenty-one,
  6  6 and who is ordered by the court to participate in the
  6  7 reality education substance abuse prevention program.
  6  8    Sec.    .  Section 321J.24, subsection 2, Code
  6  9 1997, is amended to read as follows:
  6 10    2.  A reality education substance abuse prevention
  6 11 program is established in those judicial districts
  6 12 where the chief judge of the judicial district
  6 13 authorizes participation in the program.  Upon a
  6 14 conviction or adjudication for a violation of section
  6 15 321J.2, or the entry of a deferred judgment concerning
  6 16 a violation of section 321J.2, the court or juvenile
  6 17 court, with the consent of the defendant or delinquent
  6 18 child, may order a defendant who is sixteen years of
  6 19 age or older but under the age of twenty-one or
  6 20 delinquent child who is sixteen years of age or older
  6 21 to participate participation in the reality education
  6 22 substance abuse prevention program as a term and
  6 23 condition of probation or disposition in addition to
  6 24 any other term or condition of probation or
  6 25 disposition required or authorized by law.  The court
  6 26 or juvenile court shall require the defendant or
  6 27 delinquent child to abstain from consuming any
  6 28 controlled substance, alcoholic liquor, wine, or beer
  6 29 before reaching age twenty-one while participating in
  6 30 the program.
  6 31    Sec. ___.  Section 321J.25, subsection 4, Code
  6 32 1997, is amended to read as follows:
  6 33    4.  Upon the revocation of the motor vehicle
  6 34 license or operating privileges of a person who is
  6 35 fourteen years of age or older for a violation of
  6 36 section 321J.2A, if the person has had no previous
  6 37 revocations under either section 321J.2 or section
  6 38 321J.2A, a person may participate in the substance
  6 39 abuse awareness program.  The state department of
  6 40 transportation shall notify a potential program
  6 41 participant of the possibility and potential benefits
  6 42 of attending a program and shall notify a potential
  6 43 program participant of the availability of programs
  6 44 which exist in the area in which the person resides.
  6 45 The state department of transportation shall consult
  6 46 with the Iowa department of public health to determine
  6 47 what programs are available in various areas of the
  6 48 state.  The period of revocation for a person whose
  6 49 motor vehicle license or operating privilege has been
  6 50 revoked under section 321J.2A, shall be reduced by
  7  1 fifty percent upon receipt by the state department of
  7  2 transportation of a certification by a program
  7  3 provider that the person has completed a program."
  7  4    #26.  Page 27, by inserting before line 30 the
  7  5 following:
  7  6    "d.  Where the program is available and appropriate
  7  7 for the defendant, the court shall also order the
  7  8 defendant to participate in a reality education
  7  9 substance abuse prevention program as provided in
  7 10 section 321J.24."
  7 11    #27.  Page 28, by striking lines 18 through 33 and
  7 12 inserting the following:  "operation of a motor
  7 13 vehicle while intoxicated."
  7 14    #28.  Page 29, by inserting before line 9 the
  7 15 following:
  7 16    "Sec. ___.  Section 811.1, subsections 1 and 2,
  7 17 Code 1997, are amended to read as follows:
  7 18    1.  A defendant awaiting judgment of conviction and
  7 19 sentencing following either a plea or verdict of
  7 20 guilty of a class "A" felony, murder, any class "B"
  7 21 felony included in section 707.6A, felonious assault,
  7 22 felonious child endangerment, sexual abuse in the
  7 23 second degree, sexual abuse in the third degree,
  7 24 kidnapping, robbery in the first degree, arson in the
  7 25 first degree, or burglary in the first degree, or any
  7 26 felony included in section 124.401, subsection 1,
  7 27 paragraph "a".
  7 28    2.  A defendant appealing a conviction of a class
  7 29 "A" felony, murder, any class "B" felony included in
  7 30 section 707.6A, felonious assault, felonious child
  7 31 endangerment, sexual abuse in the second degree,
  7 32 sexual abuse in the third degree, kidnapping, robbery
  7 33 in the first degree, arson in the first degree, or
  7 34 burglary in the first degree, or any felony included
  7 35 in section 124.401, subsection 1, paragraph "a"."
  7 36    #29.  Page 29, lines 11 and 12, by striking the
  7 37 words "and, within the previous six twelve years," and
  7 38 inserting the following:  "and, within the previous
  7 39 six years,".
  7 40    #30.  Page 29, by striking lines 18 through 32 and
  7 41 inserting the following:  "intoxicated."
  7 42    #31.  By striking page 30, line 23, through page
  7 43 31, line 3, and inserting the following:  "involving
  7 44 operation of a motor vehicle while intoxicated."
  7 45    #32.  By striking page 31, line 33, through page
  7 46 32, line 13, and inserting the following:  "of a motor
  7 47 vehicle while intoxicated."
  7 48    #33.  Title page, by striking line 7 and inserting
  7 49 the following:  "certain bail restrictions and
  7 50 penalties."
  8  1    #34.  By renumbering as necessary.  
  8  2 
  8  3 
  8  4                               
  8  5 COMMITTEE ON JUDICIARY
  8  6 ANDY McKEAN, Chairperson
  8  7 HF 707.502 77
  8  8 jls/jw/28
     

Text: S03362                            Text: S03364
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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