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Text: SF00427                           Text: SF00429
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 428

Partial Bill History

Bill Text

  1  1    Section 1.  Section 123.46, subsection 3, Code 1997, is
  1  2 amended to read as follows:
  1  3    3.  When a peace officer arrests a person on a charge of
  1  4 public intoxication under this section, the peace officer
  1  5 shall inform the person that the person may have a chemical
  1  6 test administered at the person's own expense.  If a device
  1  7 approved by the commissioner of public safety for testing a
  1  8 sample of a person's breath to determine the person's blood
  1  9 alcohol concentration is available, that is the only test that
  1 10 need be offered the person arrested.  In a prosecution for
  1 11 public intoxication, evidence of the results of a chemical
  1 12 test performed under this subsection is admissible upon proof
  1 13 of a proper foundation.  The percentage of alcohol present in
  1 14 a person's blood, breath, or urine established by the results
  1 15 of a chemical test performed within two hours after the
  1 16 person's arrest on a charge of public intoxication is presumed
  1 17 to be the percentage of alcohol present at the time of arrest.
  1 18 If a person who submits to a chemical test under this
  1 19 subsection meets the standards established for indigency under
  1 20 section 815.9, the state shall pay the costs of chemical
  1 21 testing.  Any amounts paid by a person under this subsection
  1 22 shall be refunded to the person if the chemical test results
  1 23 do not indicate the presence of alcohol in the test sample
  1 24 provided by the person.  
  1 25                           EXPLANATION
  1 26    This bill provides that if a person meets the standards
  1 27 established in section 815.9 for indigency in criminal cases,
  1 28 the state will pay the costs of chemical testing under the
  1 29 public intoxication statute.  In addition, if a person submits
  1 30 to a chemical test as a result of an arrest or being detained
  1 31 for public intoxication and the test results do not indicate
  1 32 the presence of alcohol in the test sample, the state is to
  1 33 refund any amounts paid by the person.
  1 34    A person is considered indigent under section 815.9 if the
  1 35 person has an income level at or below 150 percent of the
  2  1 United States poverty level as defined in the most recently
  2  2 revised poverty income guidelines published by the United
  2  3 States department of health and human services.  
  2  4 LSB 1817XS 77
  2  5 lh/sc/14.1

Text: SF00427                           Text: SF00429
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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