Text: S05467 Text: S05469 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2391, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "DIVISION I". 1 6 #2. Page 1, line 16, by inserting after the word 1 7 "sentence" the following: "of incarceration". 1 8 #3. Page 1, line 18, by inserting after the word 1 9 "sentence" the following: "not involving 1 10 incarceration". 1 11 #4. Page 1, by inserting before line 31 the 1 12 following: 1 13 "Sec. 101. Section 321J.4, subsection 9, Code 1 14 Supplement 1997, is amended by adding the following 1 15 new unnumbered paragraph: 1 16 NEW UNNUMBERED PARAGRAPH. Notwithstanding any 1 17 provision of this chapter to the contrary, the court 1 18 may order the department to issue a temporary 1 19 restricted license to a person otherwise eligible for 1 20 a temporary restricted license under this subsection, 1 21 whose period of revocation under this chapter has 1 22 expired, but who has not met all requirements for 1 23 reinstatement of the person's motor vehicle license or 1 24 nonresident operating privileges. 1 25 Sec. 102. Section 321J.20, Code Supplement 1997, 1 26 is amended by adding the following new subsection: 1 27 NEW SUBSECTION. 7. Notwithstanding any provision 1 28 of this chapter to the contrary, the department may 1 29 issue a temporary restricted license to a person 1 30 otherwise eligible for a temporary restricted license 1 31 under this section, whose period of revocation under 1 32 this chapter has expired, but who has not met all 1 33 requirements for reinstatement of the person's motor 1 34 vehicle license or nonresident operating privileges." 1 35 #5. Page 1, by inserting before line 31 the 1 36 following: 1 37 "Sec. 103. Section 321J.4, Code Supplement 1997, 1 38 is amended by adding the following new subsection: 1 39 NEW SUBSECTION. 10. Notwithstanding the 1 40 requirement in subsections 2, 4, and 8 for a court 1 41 order for an individual to install an ignition 1 42 interlock device as a prerequisite to obtaining a 1 43 temporary restricted license, such requirement shall 1 44 apply only to offenses committed on or after July 1, 1 45 1997." 1 46 #6. Page 2, line 21, by inserting after the word 1 47 "sentence" the following: "of incarceration". 1 48 #7. Page 2, line 23, by inserting after the word 1 49 "sentence" the following: "not involving 1 50 incarceration". 2 1 #8. Page 3, by inserting before line 2 the 2 2 following: 2 3 "DIVISION II 2 4 Sec. ___. Section 321J.1, Code 1997, is amended by 2 5 adding the following new subsection: 2 6 NEW SUBSECTION. 3A. "Controlled substance" means 2 7 any drug, substance, or compound that is listed in 2 8 section 124.204 or 124.206, or any metabolite or 2 9 derivative of the drug, substance, or compound. 2 10 Sec. ___. Section 321J.2, subsection 1, Code 2 11 Supplement 1997, is amended to read as follows: 2 12 1. A person commits the offense of operating while 2 13 intoxicated if the person operates a motor vehicle in 2 14 this state ineitherany of the following conditions: 2 15 a. While under the influence of an alcoholic 2 16 beverage or other drug or a combination of such 2 17 substances. 2 18 b. While having an alcohol concentrationas2 19defined in section 321J.1of .10 or more. 2 20 c. While any amount of a controlled substance is 2 21 present in the person, as measured in the person's 2 22 blood or urine. 2 23 Sec. ___. Section 321J.2, subsections 7 and 8, 2 24 Code Supplement 1997, are amended to read as follows: 2 25 7. a. This section does not apply to a person 2 26 operating a motor vehicle while under the influence of 2 27 a drug if the substance was prescribed for the person 2 28 and was taken under the prescription and in accordance 2 29 with the directions of a medical practitioner as 2 30 defined in chapter 155A or if the substance was 2 31 dispensed by a pharmacist without a prescription 2 32 pursuant to the rules of the board of pharmacy 2 33 examiners, if there is no evidence of the consumption 2 34 of alcohol and the medical practitioner or pharmacist 2 35 had not directed the person to refrain from operating 2 36 a motor vehicle. 2 37 b. When charged with a violation of subsection 1, 2 38 paragraph "c", a person may assert, as an affirmative 2 39 defense, that the controlled substance present in the 2 40 person's blood or urine was prescribed or dispensed 2 41 for the person and was taken in accordance with the 2 42 directions of a practitioner and the labeling 2 43 directions of the pharmacy, as that person and place 2 44 of business are defined in section 155A.3. 2 45 8. In any prosecution under this section, evidence 2 46 of the results of analysis of a specimen of the 2 47 defendant's blood, breath, or urine is admissible upon 2 48 proof of a proper foundation. 2 49 a. The alcohol concentration established by the 2 50 results of an analysis of a specimen of the 3 1 defendant's blood, breath, or urine withdrawn within 3 2 two hours after the defendant was driving or in 3 3 physical control of a motor vehicle is presumed to be 3 4 the alcohol concentration at the time of driving or 3 5 being in physical control of the motor vehicle. 3 6 b. The presence of a controlled substance or other 3 7 drug established by the results of analysis of a 3 8 specimen of the defendant's blood or urine withdrawn 3 9 within two hours after the defendant was driving or in 3 10 physical control of a motor vehicle is presumed to 3 11 show the presence of such controlled substance or 3 12 other drug in the defendant at the time of driving or 3 13 being in physical control of the motor vehicle. 3 14 Sec. ___. Section 321J.2, subsection 10, Code 3 15 Supplement 1997, is amended to read as follows: 3 16 10. In any prosecution under this section, the 3 17 results of a chemical test may not be used to prove a 3 18 violationof paragraph "b"of subsection 1 if the 3 19 alcohol, controlled substance, or other drug 3 20 concentration indicated by the chemical test minus the 3 21 established margin of error inherent in the device or 3 22 method used to conduct the chemical test does not 3 23 equalan alcohol concentration of .10 or moreor 3 24 exceed the level prohibited by subsection 1. 3 25 Sec. ___. Section 321J.5, Code 1997, is amended by 3 26 adding the following new subsection: 3 27 NEW SUBSECTION. 1A. When a peace officer has 3 28 reasonable grounds to believe that a motor vehicle 3 29 operator may be violating or has violated section 3 30 321J.2, subsection 1, paragraph "c", the peace officer 3 31 may request that the operator provide a sample of the 3 32 operator's urine for a preliminary screening test. 3 33 The department of public safety shall adopt nationally 3 34 accepted standards for determining detectable levels 3 35 of controlled substances in an initial screening test 3 36 for controlled substances. 3 37 Sec. ___. Section 321J.6, subsection 1, unnumbered 3 38 paragraph 1, Code 1997, is amended to read as follows: 3 39 A person who operates a motor vehicle in this state 3 40 under circumstances which give reasonable grounds to 3 41 believe that the person has been operating a motor 3 42 vehicle in violation of section 321J.2 or 321J.2A is 3 43 deemed to have given consent to the withdrawal of 3 44 specimens of the person's blood, breath, or urine and 3 45 to a chemical test or tests of the specimens for the 3 46 purpose of determining the alcohol concentration or 3 47 presence of a controlled substance or other drugs, 3 48 subject to this section. The withdrawal of the body 3 49 substances and the test or tests shall be administered 3 50 at the written request of a peace officer having 4 1 reasonable grounds to believe that the person was 4 2 operating a motor vehicle in violation of section 4 3 321J.2 or 321J.2A, and if any of the following 4 4 conditions exist: 4 5 Sec. ___. Section 321J.6, subsection 1, paragraphs 4 6 d and f, Code 1997, are amended to read as follows: 4 7 d. The preliminary breath screening test was 4 8 administered and it indicated an alcohol concentration 4 9as defined inequal to or in excess of the level 4 10 prohibited by section321J.1 of .10 or more321J.2. 4 11 f. The preliminary breath screening test was 4 12 administered and it indicated an alcohol concentration 4 13ofless than0.10the level prohibited by section 4 14 321J.2, and the peace officer has reasonable grounds 4 15 to believe that the person was under the influence of 4 16 a controlled substance, a drug other than alcohol, or 4 17 a combination of alcohol and another drug. 4 18 Sec. ___. Section 321J.6, subsection 1, Code 1997, 4 19 is amended by adding the following new paragraph: 4 20 NEW PARAGRAPH. h. The preliminary urine screening 4 21 test indicates a detectable amount of a controlled 4 22 substance. 4 23 Sec. ___. Section 321J.6, subsection 3, Code 1997, 4 24 is amended to read as follows: 4 25 3. Notwithstanding subsection 2, if the peace 4 26 officer has reasonable grounds to believe that the 4 27 person was under the influence of a controlled 4 28 substance, a drug other than alcohol, or a combination 4 29 of alcohol and another drug, a blood or urine testmay4 30 shall be required even aftera blood or breathanother 4 31 type of test has been administered. Section 321J.9 4 32 applies to a refusal to submit to a chemical test of 4 33 urine or blood requested under this subsection. 4 34 Sec. ___. Section 321J.8, subsection 2, Code 1997, 4 35 is amended to read as follows: 4 36 2. If the person submits to the test and the 4 37 results indicate the presence of a controlled 4 38 substance or other drug, or an alcohol concentration 4 39as defined inequal to or in excess of the level 4 40 prohibited by section321J.1 of .10 or more, or the4 41person is under the age of twenty-one and the results4 42indicate an alcohol concentration of .02 or more, but4 43less than .10321J.2 or 321J.2A, the person's motor 4 44 vehicle license or nonresident operating privilege 4 45 will be revoked by the department as required by and 4 46 for the applicable period specified under section 4 47 321J.12. 4 48 Sec. ___. Section 321J.10, subsection 4, Code 4 49 1997, is amended to read as follows: 4 50 4. a. Search warrants issued under this section 5 1 shall authorize and direct peace officers to secure 5 2 the withdrawal of blood specimens by medical personnel 5 3 under section 321J.11. Reasonable care shall be 5 4 exercised to ensure the health and safety of the 5 5 persons from whom specimens are withdrawn in execution 5 6 of the warrants. 5 7 b. If a person from whom a specimen is to be 5 8 withdrawn objects to the withdrawal of blood,andthe 5 9 warrant may be executed as follows: 5 10 (1) If the person is capable of giving a specimen 5 11 of breath, and a direct breath testing instrument is 5 12 readily available, the warrant may be executed by the 5 13 withdrawal of a specimen of breath for chemical 5 14 testing, unless the peace officer has reasonable 5 15 grounds to believe that the person was under the 5 16 influence of a controlled substance, a drug other than 5 17 alcohol, or a combination of alcohol and another drug. 5 18 (2) If the testimony in support of the warrant 5 19 sets forth facts and information that the peace 5 20 officer has reasonable grounds to believe that the 5 21 person was under the influence of a controlled 5 22 substance, a drug other than alcohol, or a combination 5 23 of alcohol and another drug, a urine sample shall be 5 24 collected in lieu of a blood sample, if the person is 5 25 capable of giving a urine sample and the sample can be 5 26 collected without the need to physically compel the 5 27 execution of the warrant. 5 28 Sec. ___. Section 321J.11, unnumbered paragraph 1, 5 29 Code 1997, is amended to read as follows: 5 30 Only a licensed physician, licensed physician 5 31 assistant as defined in section 148C.1, medical 5 32 technologist, or registered nurse, acting at the 5 33 request of a peace officer, may withdraw a specimen of 5 34 blood for the purpose of determining the alcohol 5 35 concentration or the presence of a controlled 5 36 substance or other drugs. However, any peace officer, 5 37 using devices and methods approved by the commissioner 5 38 of public safety, may take a specimen of a person's 5 39 breath or urine for the purpose of determining the 5 40 alcohol concentration, or may take a specimen of a 5 41 person's urine for the purpose of determining the 5 42 presence of a controlled substance or other drugs. 5 43 Only new equipment kept under strictly sanitary and 5 44 sterile conditions shall be used for drawing blood. 5 45 Sec. ___. Section 321J.12, subsection 1, 3, 4, and 5 46 6, Code Supplement 1997, are amended to read as 5 47 follows: 5 48 1. Upon certification, subject to penalty for 5 49 perjury, by the peace officer that there existed 5 50 reasonable grounds to believe that the person had been 6 1 operating a motor vehicle in violation of section 6 2 321J.2, that there existed one or more of the 6 3 necessary conditions for chemical testing described in 6 4 section 321J.6, subsection 1, and that the person 6 5 submitted to chemical testing and the test results 6 6 indicated the presence of a controlled substance or 6 7 other drug, or an alcohol concentrationas defined in6 8 equal to or in excess of the level prohibited by 6 9 section321J.1 of .10 or more321J.2, or a combination 6 10 of alcohol and another drug in violation of section 6 11 321J.2, the department shall revoke the person's motor 6 12 vehicle license or nonresident operating privilege for 6 13 the following periods of time: 6 14 a. One hundred eighty days if the person has had 6 15 no revocation under this chapter. 6 16 b. One year if the person has had a previous 6 17 revocation under this chapter. 6 18 3. The effective date of the revocation shall be 6 19 ten days after the department has mailed notice of 6 20 revocation to the person by certified mail. The peace 6 21 officer who requested or directed the administration 6 22 of the chemical test may, on behalf of the department, 6 23 serve immediate notice of revocation on a person whose 6 24 test results indicated the presence of a controlled 6 25 substance or other drug, or an alcohol concentration 6 26of .10 or moreequal to or in excess of the level 6 27 prohibited by section 321J.2, or a combination of 6 28 alcohol and another controlled substance or drug in 6 29 violation of section 321J.2. 6 30 4. If the peace officer serves that immediate 6 31 notice, the peace officer shall take the person's Iowa 6 32 license or permit, if any, and issue a temporary 6 33 license valid only for ten days. The peace officer 6 34 shall immediately send the person's driver's license 6 35 to the department along with the officer's certificate 6 36 indicating that the test results indicated the 6 37 presence of a controlled substance or other drug, or 6 38 an alcohol concentrationof .10 or moreequal to or in 6 39 excess of the level prohibited by section 321J.2. 6 40 6. The results of a chemical test may not be used 6 41 as the basis for a revocation of a person's motor 6 42 vehicle license or nonresident operating privilege if 6 43 the alcohol or drug concentration indicated by the 6 44 chemical test minus the established margin of error 6 45 inherent in the device or method used to conduct the 6 46 chemical testdoesis not equalan alcohol6 47concentration of .10 or more for violations underto 6 48 or in excess of the level prohibited by section 321J.2 6 49 orof .02 or more for violations of section321J.2A. 6 50 Sec. ___. Section 321J.13, subsection 2, Code 7 1 Supplement 1997, is amended to read as follows: 7 2 2. The department shall grant the person an 7 3 opportunity to be heard within forty-five days of 7 4 receipt of a request for a hearing if the request is 7 5 made not later than ten days after receipt of notice 7 6 of revocation served pursuant to section 321J.9 or 7 7 321J.12. The hearing shall be before the department 7 8 in the county where the alleged events occurred, 7 9 unless the director and the person agree that the 7 10 hearing may be held in some other county, or the 7 11 hearing may be held by telephone conference at the 7 12 discretion of the agency conducting the hearing. The 7 13 hearing may be recorded and its scope shall be limited 7 14 to the issues of whether a peace officer had 7 15 reasonable grounds to believe that the person was 7 16 operating a motor vehicle in violation of section 7 17 321J.2 orsection321J.2A andeitherone or more of 7 18 the following: 7 19 a. Whether the person refused to submit to the 7 20 test or tests. 7 21 b. Whether a test was administered and the test 7 22 results indicated an alcohol concentrationas defined7 23inequal to or in excess of the level prohibited under 7 24 section321J.1 of .10 or more or whether a test was7 25administered and the test results indicated an alcohol7 26concentration as defined in section 321J.1 of .02 or7 27more pursuant to section321J.2 or 321J.2A. 7 28 c. Whether a test was administered and the test 7 29 results indicated the presence of alcohol, a 7 30 controlled substance or other drug, or a combination 7 31 of alcohol and another drug, in violation of section 7 32 321J.2. 7 33 Sec. ___. Section 321J.15, Code 1997, is amended 7 34 to read as follows: 7 35 321J.15 EVIDENCE IN ANY ACTION. 7 36 Upon the trial of a civil or criminal action or 7 37 proceeding arising out of acts alleged to have been 7 38 committed by a person while operating a motor vehicle 7 39 in violation of section 321J.2 or 321J.2A, evidence of 7 40 the alcohol concentration or the presence of a 7 41 controlled substance or other drugs in the person's 7 42 body substances at the time of the act alleged as 7 43 shown by a chemical analysis of the person's blood, 7 44 breath, or urine is admissible. If it is established 7 45 at trial that an analysis of a breath specimen was 7 46 performed by a certified operator using a device 7 47 intended to determine alcohol concentration and 7 48 methods approved by the commissioner of public safety, 7 49 no further foundation is necessary for introduction of 7 50 the evidence. 8 1 Sec. ___. Section 321J.18, Code 1997, is amended 8 2 to read as follows: 8 3 321J.18 OTHER EVIDENCE. 8 4 This chapter does not limit the introduction of any 8 5 competent evidence bearing on the question of whether 8 6 a person was under the influence of an alcoholic 8 7 beverage or a controlled substance or other drug, 8 8 including the results of chemical tests of specimens 8 9 of blood, breath, or urine obtained more than two 8 10 hours after the person was operating a motor vehicle." 8 11 #9. Page 3, by inserting before line 2 the 8 12 following: 8 13 "DIVISION III 8 14 Sec. ___. Section 124.401, subsection 1, paragraph 8 15 d, Code Supplement 1997, is amended to read as 8 16 follows: 8 17 d. Violation of this subsection, with respect to 8 18 any other controlled substances, counterfeit 8 19 substances, or simulated controlled substances 8 20 classified in schedule IV or V is an aggravated 8 21 misdemeanor. However, violation of this subsection 8 22 involving fifty kilograms or less of marijuana, is a 8 23 class "D" felony, and in addition to the provisions of 8 24 section 902.9, subsection 4, shall be punished by a 8 25 fine of not less than one thousand dollars nor more 8 26 thanfiveseven thousand five hundred dollars. 8 27 Sec. ___. Section 124.401, subsection 5, Code 8 28 Supplement 1997, is amended to read as follows: 8 29 5. It is unlawful for any person knowingly or 8 30 intentionally to possess a controlled substance unless 8 31 such substance was obtained directly from, or pursuant 8 32 to, a valid prescription or order of a practitioner 8 33 while acting in the course of the practitioner's 8 34 professional practice, or except as otherwise 8 35 authorized by this chapter. Any person who violates 8 36 this subsection is guilty of a serious misdemeanor for 8 37 a first offense. A person who commits a violation of 8 38 this subsection and who has previously been convicted 8 39 of violating this subsection is guilty of an 8 40 aggravated misdemeanor. A person who commits a 8 41 violation of this subsection and has previously been 8 42 convicted two or more times of violating this 8 43 subsection is guilty of a class "D" felony. 8 44 PARAGRAPH DIVIDED. If the controlled substance is 8 45 marijuana, the punishment shall be by imprisonment in 8 46 the county jail for not more than six months or by a 8 47 fine of not more than one thousand dollars, or by both 8 48 such fine and imprisonment for a first offense. If 8 49 the controlled substance is marijuana and the person 8 50 has been previously convicted of a violation of this 9 1 subsection in which the controlled substance was 9 2 marijuana, the punishment shall be as provided in 9 3 section 903.1, subsection 1, paragraph "b". If the 9 4 controlled substance is marijuana and the person has 9 5 been previously convicted two or more times of a 9 6 violation of this subsection in which the controlled 9 7 substance was marijuana, the person is guilty of an 9 8 aggravated misdemeanor. 9 9 PARAGRAPH DIVIDED. All or any part of a sentence 9 10 imposed pursuant to thissectionsubsection may be 9 11 suspended and the person placed upon probation upon 9 12 such terms and conditions as the court may impose 9 13 including the active participation by such person in a 9 14 drug treatment, rehabilitation or education program 9 15 approved by the court." 9 16 #10. Page 3, by inserting before line 2 the 9 17 following: 9 18 "DIVISION IV 9 19 Sec. ___. Section 901.5, Code 1997, is amended by 9 20 adding the following new subsections: 9 21 NEW SUBSECTION. 11. In addition to any sentence 9 22 or other penalty imposed against the defendant for an 9 23 offense under chapter 124, the court shall consider 9 24 the provisions of 21 U.S.C. } 862, regarding the 9 25 denial of federal benefits to drug traffickers and 9 26 possessors convicted under state or federal law, and 9 27 may enter an order specifying the range and scope of 9 28 benefits to be denied to the defendant, according to 9 29 the provisions of 21 U.S.C. } 862. For the purposes 9 30 of this subsection, "federal benefit" means the 9 31 issuance of any grant, contract, loan, professional 9 32 license, or commercial license provided by an agency 9 33 of the United States or through the appropriation of 9 34 funds of the United States, but does not include any 9 35 retirement, welfare, social security, health, 9 36 disability, veterans, public housing, or similar 9 37 benefit for which payments or services are required 9 38 for eligibility. The supreme court may adopt rules 9 39 establishing sentencing guidelines consistent with 9 40 this subsection and 21 U.S.C. } 862. The clerk of the 9 41 district court shall send a copy of any order issued 9 42 pursuant to this subsection to the denial of federal 9 43 benefits program of the United States department of 9 44 justice, along with any other forms and information 9 45 required by the department. 9 46 NEW SUBSECTION. 12. In addition to any sentence 9 47 or other penalty imposed against the defendant for an 9 48 offense under chapter 124, the court shall consider 9 49 the denial of state benefits to the defendant, and may 9 50 enter an order specifying the range and scope of 10 1 benefits to be denied to the defendant, comparable to 10 2 the federal benefits denied under subsection 11. For 10 3 the purposes of this subsection, "state benefit" means 10 4 the issuance of any grant, contract, loan, 10 5 professional license, or commercial license provided 10 6 by a state agency, department, program, or otherwise 10 7 through the appropriation of funds of the state, but 10 8 does not include any retirement, welfare, health, 10 9 disability, veterans, public housing, or similar 10 10 benefit. The supreme court may adopt rules 10 11 establishing sentencing guidelines consistent with 10 12 this subsection and comparable to the guidelines for 10 13 denial of federal benefits in 21 U.S.C. } 862. The 10 14 clerk of the district court shall send a copy of any 10 15 order issued pursuant to this subsection to each state 10 16 agency, department, or program required to deny 10 17 benefits pursuant to such an order." 10 18 #11. Page 3, by inserting before line 2 the 10 19 following: 10 20 "DIVISION V 10 21 Sec. ___. Section 811.1, subsection 2, Code 10 22 Supplement 1997, is amended to read as follows: 10 23 2. A defendant appealing a conviction of a class 10 24 "A" felony, murder, any class "B" felony included in 10 25 section 707.6A, felonious assault, felonious child 10 26 endangerment, sexual abuse in the second degree, 10 27 sexual abuse in the third degree, kidnapping, robbery 10 28 in the first degree, arson in the first degree, or 10 29 burglary in the first degree,orany felony included 10 30 in section 124.401, subsection 1, paragraph "a", or a 10 31 violation of section 124.401, subsection 1, paragraph 10 32 "b". 10 33 Sec. ___. Section 901.10, Code 1997, is amended to 10 34 read as follows: 10 35 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 10 36 1. A court sentencing a person for the person's 10 37 first conviction under section 124.406, 124.413, or 10 38 902.7 may, at its discretion, sentence the person to a 10 39 term less than provided by the statute if mitigating 10 40 circumstances exist and those circumstances are stated 10 41 specifically in the record.However, the10 42 2. Notwithstanding subsection 1, if the sentence 10 43 under section 124.413 involves a methamphetamine 10 44 offense under section 124.401, subsection 1, paragraph 10 45 "a" or "b", the court shall not grant any reduction of 10 46 sentence unless the defendant pleads guilty. If the 10 47 defendant pleads guilty, the court may, at its 10 48 discretion, reduce the mandatory minimum sentence by 10 49 up to one-third. If the defendant additionally 10 50 cooperates in the prosecution of other persons 11 1 involved in the sale or use of controlled substances, 11 2 and if the prosecutor requests an additional reduction 11 3 in defendant's sentence because of such cooperation, 11 4 the court may grant a further reduction in defendant's 11 5 mandatory minimum sentence, up to one-half of the 11 6 remaining mandatory minimum sentence. 11 7 3. The state may appeal the discretionary decision 11 8 on the grounds that the stated mitigating 11 9 circumstances do not warrant a reduction of the 11 10 sentence. 11 11 Sec. ___. Section 907.3, subsection 1, Code 11 12 Supplement 1997, is amended by adding the following 11 13 new paragraph: 11 14 NEW PARAGRAPH. k. The offense is a violation of 11 15 section 124.401, subsection 1, paragraph "a" or "b", 11 16 and the controlled substance is methamphetamine. 11 17 Sec. ___. Section 907.3, subsection 2, Code 11 18 Supplement 1997, is amended by adding the following 11 19 new paragraph: 11 20 NEW PARAGRAPH. e. The offense is a violation of 11 21 section 124.401, subsection 1, paragraph "a" or "b", 11 22 and the controlled substance is methamphetamine. 11 23 Sec. ___. Section 907.3, subsection 3, Code 11 24 Supplement 1997, is amended by adding the following 11 25 new paragraph: 11 26 NEW PARAGRAPH. e. The offense is a violation of 11 27 section 124.401, subsection 1, paragraph "a" or "b", 11 28 and the controlled substance is methamphetamine." 11 29 #12. Page 3, by inserting before line 2 the 11 30 following: 11 31 "DIVISION VI 11 32 Sec. ___. Section 730.5, subsection 7, paragraph 11 33 a, as enacted in 1998 Iowa Acts, House File 299, 11 34 section 1, is amended to read as follows: 11 35 a. The collection of samples shall be performed 11 36 under sanitary conditions and with regard for the 11 37 privacy of the individual from whom the specimen is 11 38 being obtained and in a manner reasonably calculated 11 39 to preclude contamination or substitution of the 11 40 specimen. If the sample collected is urine, 11 41 procedures shall be established to provide for 11 42 individual privacy in the collection of the sample 11 43 unless there is reason to believe that a particular 11 44 individual subject to testing may alter or substitute 11 45 the urine specimen to be provided, or has previously 11 46 altered or substituted a urine specimen provided 11 47 pursuant to a drug or alcohol test. For purposes of 11 48 this paragraph, "individual privacy" means a location 11 49 at the collection site where urination can occur in 11 50 private, which has been secured by visual inspection 12 1 to ensure that other persons are not present, which 12 2 provides that undetected access to the location is not 12 3 possible during urination, and which provides for the 12 4 ability to effectively restrict access to the location 12 5 during the time the specimen is provided. If an 12 6 individual providing a sample is under eighteen years 12 7 of age and is not considered by law to be an adult and 12 8 if collection of the sample is directly monitored or 12 9 observed by another individual, or if an individual is 12 10 providing a urine sample and collection of the sample 12 11 is directly monitored or observed by another 12 12 individual, the individual who is directly monitoring 12 13 or observing the collection shall be of the same 12 14 gender as the individual from whom the sample is being 12 15 collected. 12 16 Sec. ___. Section 730.5, subsection 9, paragraph 12 17 a, as enacted in 1998 Iowa Acts, House File 299, 12 18 section 1, is amended to read as follows: 12 19 a. (1) Drug or alcohol testing or retesting by an 12 20 employer shall be carried out within the terms of a 12 21 written policy which has been provided to every 12 22 employee subject to testing, and is available for 12 23 review by employees and prospective employees. If an 12 24 employee or prospective employee is a minor, the 12 25 employer shall provide a copy of the written policy to 12 26 a parent of the employee or prospective employee and 12 27 shall obtain a receipt or acknowledgement from the 12 28 parent that a copy of the policy has been received. 12 29 Providing a copy of the written policy to a parent of 12 30 a minor by certified mail, return receipt requested, 12 31 shall satisfy the requirements of this subparagraph. 12 32 (2) In addition, the written policy shall provide 12 33 that any notice required by subsection 7, paragraph 12 34 "i", to be provided to an individual pursuant to a 12 35 drug or alcohol test conducted pursuant to this 12 36 section, shall also be provided to the parent of the 12 37 individual by certified mail, return receipt 12 38 requested, if the individual tested is a minor and a 12 39 parent of the minor has not specifically waived the 12 40 requirement to be provided notice. If a parent of the 12 41 minor has waived the requirement to provide notice, 12 42 the employer shall not be required to provide notice 12 43 to any person other than the individual tested. 12 44 (3) In providing information or notice to a parent 12 45 as required by this paragraph, an employer shall rely 12 46 on the information regarding the identity of a parent 12 47 as provided by the minor. 12 48 (4) For purposes of this paragraph, "minor" means 12 49 an individual who is under eighteen years of age and 12 50 is not considered by law to be an adult, and "parent" 13 1 means one biological or adoptive parent, a stepparent, 13 2 or a legal guardian or custodian of the minor." 13 3 #13. Page 3, by inserting before line 2 the 13 4 following: 13 5 "DIVISION VII 13 6 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, 13 7 subsection 3, shall not apply to this Act. 13 8 Sec. ___. EFFECTIVE DATES. Division VI of this 13 9 Act takes effect upon enactment or April 16, 1998, 13 10 whichever is later." 13 11 #14. Page 3, by inserting before line 2 the 13 12 following: 13 13 "Sec. ___. RETROACTIVE APPLICABILITY. Sections 13 14 101 and 102 of this Act are retroactively applicable 13 15 to July 1, 1997, and are applicable on and after that 13 16 date." 13 17 #15. Page 3, line 2, by striking the word "DATE." 13 18 and inserting the following: "AND APPLICABILITY 13 19 DATES. Section 103 of this Act is retroactively 13 20 applicable to July 1, 1997, and is applicable on and 13 21 after that date." 13 22 #16. Page 3, line 2, by striking the word "This" 13 23 and inserting the following: "Division I of this". 13 24 #17. Title page, line 1, by inserting after the 13 25 word "Act" the following: "relating to certain drug 13 26 and alcohol abuse and certain offenses which carry a 13 27 mandatory minimum sentence, by". 13 28 #18. Title page, line 5, by inserting after the 13 29 word "device," the following: "requiring the 13 30 imposition of a mandatory minimum penalty for certain 13 31 methamphetamine offenses, prohibiting the granting of 13 32 a deferred judgment or sentence or a suspended 13 33 sentence for certain methamphetamine offenses, 13 34 providing that persons convicted of certain 13 35 methamphetamine offenses are ineligible for bail upon 13 36 appeal,". 13 37 #19. Title page, line 7, by inserting after the 13 38 word "violations," the following: "increasing and 13 39 adding certain penalties for certain drug offenses, 13 40 providing for the denial of federal benefits to 13 41 persons convicted of drug-related offenses, providing 13 42 for an operating while intoxicated offense for persons 13 43 driving after taking certain controlled substances, 13 44 providing privacy and notice in certain drug and 13 45 alcohol testing situations, making related changes, 13 46 making penalties applicable,". 13 47 #20. Title page, lines 7 and 8, by striking the 13 48 words "and providing an effective date" and inserting 13 49 the following: "providing a limitation on the 13 50 applicability of the requirement for an ignition 14 1 interlock device as a prerequisite to obtaining a 14 2 temporary restricted license, and providing effective 14 3 and retroactive applicability dates". 14 4 #21. By renumbering, relettering, or redesignating 14 5 and correcting internal references as necessary. 14 6 SF 2391H 14 7 jls/pk/25
Text: S05467 Text: S05469 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 2 03:45:52 CST 1998
URL: /DOCS/GA/77GA/Legislation/S/05400/S05468/980401.html
jhf