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PAG LIN 1 1 Section 1. Section 321J.1, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. "Controlled substance" means any 1 4 drug, substance, or compound that is listed in section 124.204 1 5 or 124.206, or any metabolite or derivative of the drug, 1 6 substance, or compound. 1 7 Sec. 2. Section 321J.2, subsection 1, Code Supplement 1 8 1997, is amended to read as follows: 1 9 1. A person commits the offense of operating while 1 10 intoxicated if the person operates a motor vehicle in this 1 11 state ineitherany of the following conditions: 1 12 a. While under the influence of an alcoholic beverage or 1 13 other drug or a combination of such substances. 1 14 b. While having an alcohol concentrationas defined in1 15section 321J.1of .10 or more. 1 16 c. While any amount of a controlled substance is present 1 17 in the person, as measured in the person's blood or urine. 1 18 Sec. 3. Section 321J.2, subsections 7 and 8, Code 1 19 Supplement 1997, are amended to read as follows: 1 20 7. a. This section does not apply to a person operating a 1 21 motor vehicle while under the influence of a drug if the 1 22 substance was prescribed for the person and was taken under 1 23 the prescription and in accordance with the directions of a 1 24 medical practitioner as defined in chapter 155A, if there is 1 25 no evidence of the consumption of alcohol and the medical 1 26 practitioner had not directed the person to refrain from 1 27 operating a motor vehicle. 1 28 b. When charged with a violation of subsection 1, 1 29 paragraph "c", a person may assert, as an affirmative defense, 1 30 that the controlled substance present in the person's blood or 1 31 urine was prescribed for the person and was taken in 1 32 accordance with the directions of a practitioner and the 1 33 labeling directions of the pharmacy, as that person and place 1 34 of business are defined in section 155A.3. 1 35 8. In any prosecution under this section, evidence of the 2 1 results of analysis of a specimen of the defendant's blood, 2 2 breath, or urine is admissible upon proof of a proper 2 3 foundation. 2 4 a. The alcohol concentration established by the results of 2 5 an analysis of a specimen of the defendant's blood, breath, or 2 6 urine withdrawn within two hours after the defendant was 2 7 driving or in physical control of a motor vehicle is presumed 2 8 to be the alcohol concentration at the time of driving or 2 9 being in physical control of the motor vehicle. 2 10 b. The presence of a controlled substance or other drug 2 11 established by the results of analysis of a specimen of the 2 12 defendant's blood or urine withdrawn within two hours after 2 13 the defendant was driving or in physical control of a motor 2 14 vehicle is presumed to show the presence of such controlled 2 15 substance or other drug in the defendant at the time of 2 16 driving or being in physical control of the motor vehicle. 2 17 Sec. 4. Section 321J.2, subsection 10, Code Supplement 2 18 1997, is amended to read as follows: 2 19 10. In any prosecution under this section, the results of 2 20 a chemical test may not be used to prove a violationof2 21paragraph "b"of subsection 1 if the alcohol, controlled 2 22 substance, or other drug concentration indicated by the 2 23 chemical test minus the established margin of error inherent 2 24 in the device or method used to conduct the chemical test does 2 25 not equalan alcohol concentration of .10 or moreor exceed 2 26 the level prohibited by subsection 1. 2 27 Sec. 6. Section 321J.6, subsection 1, unnumbered paragraph 2 28 1, Code 1997, is amended to read as follows: 2 29 A person who operates a motor vehicle in this state under 2 30 circumstances which give reasonable grounds to believe that 2 31 the person has been operating a motor vehicle in violation of 2 32 section 321J.2 or 321J.2A is deemed to have given consent to 2 33 the withdrawal of specimens of the person's blood, breath, or 2 34 urine and to a chemical test or tests of the specimens for the 2 35 purpose of determining the alcohol concentration or presence 3 1 of a controlled substance or other drugs, subject to this 3 2 section. The withdrawal of the body substances and the test 3 3 or tests shall be administered at the written request of a 3 4 peace officer having reasonable grounds to believe that the 3 5 person was operating a motor vehicle in violation of section 3 6 321J.2 or 321J.2A, and if any of the following conditions 3 7 exist: 3 8 Sec. 7. Section 321J.6, subsection 1, paragraphs d and f, 3 9 Code 1997, are amended to read as follows: 3 10 d. The preliminary breath screening test was administered 3 11 and it indicated an alcohol concentrationas defined inequal 3 12 to or in excess of the level prohibited by section321J.1 of3 13.10 or more321J.2. 3 14 f. The preliminary breath screening test was administered 3 15 and it indicated an alcohol concentrationofless than0.103 16 the level prohibited by section 321J.2, and the peace officer 3 17 has reasonable grounds to believe that the person was under 3 18 the influence of a controlled substance, a drug other than 3 19 alcohol, or a combination of alcohol and another drug. 3 20 Sec. 8. Section 321J.6, subsection 3, Code 1997, is 3 21 amended to read as follows: 3 22 3. Notwithstanding subsection 2, if the peace officer has 3 23 reasonable grounds to believe that the person was under the 3 24 influence of a controlled substance, a drug other than 3 25 alcohol, or a combination of alcohol and another drug, a blood 3 26 or urine testmayshall be required even aftera blood or3 27breathanother type of test has been administered. Section 3 28 321J.9 applies to a refusal to submit to a chemical test of 3 29 urine or blood requested under this subsection. 3 30 Sec. 9. Section 321J.8, subsection 2, Code 1997, is 3 31 amended to read as follows: 3 32 2. If the person submits to the test and the results 3 33 indicate the presence of a controlled substance or other drug, 3 34 or an alcohol concentrationas defined inequal to or in 3 35 excess of the level prohibited by section321J.1 of .10 or4 1more, or the person is under the age of twenty-one and the4 2results indicate an alcohol concentration of .02 or more, but4 3less than .10321J.2 or 321J.2A, the person's motor vehicle 4 4 license or nonresident operating privilege will be revoked by 4 5 the department as required by and for the applicable period 4 6 specified under section 321J.12. 4 7 Sec. 10. Section 321J.10, subsection 4, Code 1997, is 4 8 amended to read as follows: 4 9 4. a. Search warrants issued under this section shall 4 10 authorize and direct peace officers to secure the withdrawal 4 11 of blood specimens by medical personnel under section 321J.11. 4 12 Reasonable care shall be exercised to ensure the health and 4 13 safety of the persons from whom specimens are withdrawn in 4 14 execution of the warrants. 4 15 b. If a person from whom a specimen is to be withdrawn 4 16 objects to the withdrawal of blood,andthe warrant may be 4 17 executed as follows: 4 18 (1) If the person is capable of giving a specimen of 4 19 breath, and a direct breath testing instrument is readily 4 20 available, the warrant may be executed by the withdrawal of a 4 21 specimen of breath for chemical testing, unless the peace 4 22 officer has reasonable grounds to believe that the person was 4 23 under the influence of a controlled substance, a drug other 4 24 than alcohol, or a combination of alcohol and another drug. 4 25 (2) If the testimony in support of the warrant sets forth 4 26 facts and information that the peace officer has reasonable 4 27 grounds to believe that the person was under the influence of 4 28 a controlled substance, a drug other than alcohol, or a 4 29 combination of alcohol and another drug, a urine sample shall 4 30 be collected in lieu of a blood sample, if the person is 4 31 capable of giving a urine sample and the sample can be 4 32 collected without the need to physically compel the execution 4 33 of the warrant. 4 34 Sec. 11. Section 321J.11, unnumbered paragraph 1, Code 4 35 1997, is amended to read as follows: 5 1 Only a licensed physician, licensed physician assistant as 5 2 defined in section 148C.1, medical technologist, or registered 5 3 nurse, acting at the request of a peace officer, may withdraw 5 4 a specimen of blood for the purpose of determining the alcohol 5 5 concentration or the presence of a controlled substance or 5 6 other drugs. However, any peace officer, using devices and 5 7 methods approved by the commissioner of public safety, may 5 8 take a specimen of a person's breath or urine for the purpose 5 9 of determining the alcohol concentration or the presence of a 5 10 controlled substance or other drugs. Only new equipment kept 5 11 under strictly sanitary and sterile conditions shall be used 5 12 for drawing blood. 5 13 Sec. 12. Section 321J.12, subsection 1, 3, 4, and 6, Code 5 14 Supplement 1997, are amended to read as follows: 5 15 1. Upon certification, subject to penalty for perjury, by 5 16 the peace officer that there existed reasonable grounds to 5 17 believe that the person had been operating a motor vehicle in 5 18 violation of section 321J.2, that there existed one or more of 5 19 the necessary conditions for chemical testing described in 5 20 section 321J.6, subsection 1, and that the person submitted to 5 21 chemical testing and the test results indicated the presence 5 22 of a controlled substance or other drug, or an alcohol 5 23 concentrationas defined inequal to or in excess of the level 5 24 prohibited by section321J.1 of .10 or more321J.2, or a 5 25 combination of alcohol and another drug in violation of 5 26 section 321J.2, the department shall revoke the person's motor 5 27 vehicle license or nonresident operating privilege for the 5 28 following periods of time: 5 29 a. One hundred eighty days if the person has had no 5 30 revocation under this chapter. 5 31 b. One year if the person has had a previous revocation 5 32 under this chapter. 5 33 3. The effective date of the revocation shall be ten days 5 34 after the department has mailed notice of revocation to the 5 35 person by certified mail. The peace officer who requested or 6 1 directed the administration of the chemical test may, on 6 2 behalf of the department, serve immediate notice of revocation 6 3 on a person whose test results indicated the presence of a 6 4 controlled substance or other drug, or an alcohol 6 5 concentrationof .10 or moreequal to or in excess of the 6 6 level prohibited by section 321J.2, or a combination of 6 7 alcohol and another controlled substance or drug in violation 6 8 of section 321J.2. 6 9 4. If the peace officer serves that immediate notice, the 6 10 peace officer shall take the person's Iowa license or permit, 6 11 if any, and issue a temporary license valid only for ten days. 6 12 The peace officer shall immediately send the person's driver's 6 13 license to the department along with the officer's certificate 6 14 indicating that the test results indicated the presence of a 6 15 controlled substance or other drug, or an alcohol 6 16 concentrationof .10 or moreequal to or in excess of the 6 17 level prohibited by section 321J.2. 6 18 6. The results of a chemical test may not be used as the 6 19 basis for a revocation of a person's motor vehicle license or 6 20 nonresident operating privilege if the alcohol or drug 6 21 concentration indicated by the chemical test minus the 6 22 established margin of error inherent in the device or method 6 23 used to conduct the chemical testdoesis not equalan alcohol6 24concentration of .10 or more for violations underto or in 6 25 excess of the level prohibited by section 321J.2 orof .02 or6 26more for violations of section321J.2A. 6 27 Sec. 13. Section 321J.13, subsection 2, Code Supplement 6 28 1997, is amended to read as follows: 6 29 2. The department shall grant the person an opportunity to 6 30 be heard within forty-five days of receipt of a request for a 6 31 hearing if the request is made not later than ten days after 6 32 receipt of notice of revocation served pursuant to section 6 33 321J.9 or 321J.12. The hearing shall be before the department 6 34 in the county where the alleged events occurred, unless the 6 35 director and the person agree that the hearing may be held in 7 1 some other county, or the hearing may be held by telephone 7 2 conference at the discretion of the agency conducting the 7 3 hearing. The hearing may be recorded and its scope shall be 7 4 limited to the issues of whether a peace officer had 7 5 reasonable grounds to believe that the person was operating a 7 6 motor vehicle in violation of section 321J.2 orsection7 7 321J.2A andeitherone or more of the following: 7 8 a. Whether the person refused to submit to the test or 7 9 tests. 7 10 b. Whether a test was administered and the test results 7 11 indicated an alcohol concentrationas defined inequal to or 7 12 in excess of the level prohibited under section321J.1 of .107 13or more or whether a test was administered and the test7 14results indicated an alcohol concentration as defined in7 15section 321J.1 of .02 or more pursuant to section321J.2 or 7 16 321J.2A. 7 17 c. Whether a test was administered and the test results 7 18 indicated the presence of alcohol, a controlled substance or 7 19 other drug, or a combination of alcohol and another drug, in 7 20 violation of section 321J.2. 7 21 Sec. 14. Section 321J.15, Code 1997, is amended to read as 7 22 follows: 7 23 321J.15 EVIDENCE IN ANY ACTION. 7 24 Upon the trial of a civil or criminal action or proceeding 7 25 arising out of acts alleged to have been committed by a person 7 26 while operating a motor vehicle in violation of section 321J.2 7 27 or 321J.2A, evidence of the alcohol concentration or the 7 28 presence of a controlled substance or other drugs in the 7 29 person's body substances at the time of the act alleged as 7 30 shown by a chemical analysis of the person's blood, breath, or 7 31 urine is admissible. If it is established at trial that an 7 32 analysis of a breath specimen was performed by a certified 7 33 operator using a device and methods approved by the 7 34 commissioner of public safety, no further foundation is 7 35 necessary for introduction of the evidence. 8 1 Sec. 15. Section 321J.18, Code 1997, is amended to read as 8 2 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 a person 8 6 was under the influence of an alcoholic beverage or a 8 7 controlled substance or other drug, including the results of 8 8 chemical tests of specimens of blood, breath, or urine 8 9 obtained more than two hours after the person was operating a 8 10 motor vehicle. 8 11 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 8 12 3, shall not apply to this Act. 8 13 SF 2369 8 14 jls/cc/26
Text: SF02368 Text: SF02370 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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