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