Text: SF02390 Text: SF02392 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2391 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN DRUG AND ALCOHOL ABUSE AND CERTAIN 1 5 OFFENSES WHICH CARRY A MANDATORY MINIMUM SENTENCE, BY 1 6 ALLOWING PROBATION FOR SOME OPERATING-WHILE-INTOXICATED 1 7 OFFENDERS AFTER SERVICE OF A MANDATORY MINIMUM SENTENCE, 1 8 PERMITTING A .15 BLOOD ALCOHOL LEVEL TO CONTROL THE 1 9 PENALTIES APPLICABLE TO AN OFFENDER REGARDLESS OF THE 1 10 MARGIN OF ERROR ASSOCIATED WITH THE TEST DEVICE, 1 11 REQUIRING THE IMPOSITION OF A MANDATORY MINIMUM PENALTY 1 12 FOR CERTAIN METHAMPHETAMINE OFFENSES, PROHIBITING THE 1 13 GRANTING OF A DEFERRED JUDGMENT OR SENTENCE OR A 1 14 SUSPENDED SENTENCE FOR CERTAIN METHAMPHETAMINE OFFENSES, 1 15 PROVIDING THAT PERSONS CONVICTED OF CERTAIN METHAMPHETAMINE 1 16 OFFENSES ARE INELIGIBLE FOR BAIL UPON APPEAL, REQUIRING 1 17 THE DELETION FROM MOTOR VEHICLE RECORDS AFTER TWELVE YEARS 1 18 OF CERTAIN YOUTH LICENSE REVOCATIONS FOR ALCOHOL VIOLATIONS, 1 19 INCREASING AND ADDING CERTAIN PENALTIES FOR CERTAIN DRUG 1 20 OFFENSES, PROVIDING FOR THE DENIAL OF FEDERAL BENEFITS TO 1 21 PERSONS CONVICTED OF DRUG-RELATED OFFENSES, PROVIDING FOR 1 22 AN OPERATING WHILE INTOXICATED OFFENSE FOR PERSONS DRIVING 1 23 AFTER TAKING CERTAIN CONTROLLED SUBSTANCES, PROVIDING 1 24 PRIVACY AND NOTICE IN CERTAIN DRUG AND ALCOHOL TESTING 1 25 SITUATIONS, MAKING RELATED CHANGES, MAKING PENALTIES 1 26 APPLICABLE, PROVIDING EFFECTIVE AND RETROACTIVE 1 27 APPLICABILITY DATES. 1 28 1 29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 30 1 31 DIVISION I 1 32 Section 1. Section 321.12, subsection 4, Code Supplement 1 33 1997, is amended to read as follows: 1 34 4. The director shall not destroy any operating records 1 35 pertaining to arrests or convictions for operating while 2 1 intoxicated, in violation of section 321J.2 or operating 2 2 records pertaining to revocations for violations of section 2 3 321J.2A, except that a conviction or revocation under section 2 4 321J.2 or 321J.2A shall be deleted from the operating records 2 5 twelve years after the date of conviction or the effective 2 6 date of revocation. 2 7 Sec. 2. Section 321J.2, subsection 3, paragraph a, 2 8 unnumbered paragraph 1, Code Supplement 1997, is amended to 2 9 read as follows: 2 10 Notwithstanding the provisions of sections 901.5 and 907.3, 2 11 the court shall not defer judgment or sentencing, or suspend 2 12 execution of anypart of themandatory minimum sentence of 2 13 incarceration applicable to the defendant under subsection 2, 2 14 and shall not suspend execution of any other part of a 2 15 sentence not involving incarceration imposed pursuant to 2 16 subsection 2, if any of the following apply: 2 17 Sec. 3. Section 321J.2, subsection 3, paragraph a, 2 18 subparagraph (1), Code Supplement 1997, is amended to read as 2 19 follows: 2 20 (1) If the defendant's alcohol concentration established 2 21 by the results of an analysis of a specimen of the defendant's 2 22 blood, breath, or urine withdrawn in accordance with this 2 23 chapter exceeds .15, regardless of whether or not the alcohol 2 24 concentration indicated by the chemical test minus the 2 25 established margin of error inherent in the device or method 2 26 used to conduct the test equals an alcohol concentration of 2 27 .15 or more. 2 28 Sec. 4. Section 321J.4, subsection 9, Code Supplement 2 29 1997, is amended by adding the following new unnumbered 2 30 paragraph: 2 31 NEW UNNUMBERED PARAGRAPH. Notwithstanding any provision of 2 32 this chapter to the contrary, the court may order the 2 33 department to issue a temporary restricted license to a person 2 34 otherwise eligible for a temporary restricted license under 2 35 this subsection, whose period of revocation under this chapter 3 1 has expired, but who has not met all requirements for 3 2 reinstatement of the person's motor vehicle license or 3 3 nonresident operating privileges. 3 4 Sec. 5. Section 321J.20, Code Supplement 1997, is amended 3 5 by adding the following new subsection: 3 6 NEW SUBSECTION. 7. Notwithstanding any provision of this 3 7 chapter to the contrary, the department may issue a temporary 3 8 restricted license to a person otherwise eligible for a 3 9 temporary restricted license under this section, whose period 3 10 of revocation under this chapter has expired, but who has not 3 11 met all requirements for reinstatement of the person's motor 3 12 vehicle license or nonresident operating privileges. 3 13 Sec. 6. Section 907.3, subsection 1, paragraph g, 3 14 subparagraph (1), Code Supplement 1997, is amended to read as 3 15 follows: 3 16 (1) If the defendant's alcohol concentration established 3 17 by the results of an analysis of a specimen of the defendant's 3 18 blood, breath, or urine withdrawn in accordance with chapter 3 19 321J exceeds .15, regardless of whether or not the alcohol 3 20 concentration indicated by the chemical test minus the 3 21 established margin of error inherent in the device or method 3 22 used to conduct the test equals an alcohol concentration of 3 23 .15 or more. 3 24 Sec. 7. Section 907.3, subsection 2, paragraph c, 3 25 subparagraph (1), Code Supplement 1997, is amended to read as 3 26 follows: 3 27 (1) If the defendant's alcohol concentration established 3 28 by the results of an analysis of a specimen of the defendant's 3 29 blood, breath, or urine withdrawn in accordance with chapter 3 30 321J exceeds .15, regardless of whether or not the alcohol 3 31 concentration indicated by the chemical test minus the 3 32 established margin of error inherent in the device or method 3 33 used to conduct the test equals an alcohol concentration of 3 34 .15 or more. 3 35 Sec. 8. Section 907.3, subsection 3, paragraph c, 4 1 unnumbered paragraph 1, Code Supplement 1997, is amended to 4 2 read as follows: 4 3 A mandatory minimum sentence of incarceration imposed 4 4 pursuant to a violation of section 321J.2, subsection 1,; 4 5 furthermore, the court shall not suspend any part of a 4 6 sentence not involving incarceration imposed pursuant to 4 7 section 321J.2, subsection 2, beyond the mandatory minimum if 4 8 any of the following apply: 4 9 Sec. 9. Section 907.3, subsection 3, paragraph c, 4 10 subparagraph (1), Code Supplement 1997, is amended to read as 4 11 follows: 4 12 (1) If the defendant's alcohol concentration established 4 13 by the results of an analysis of a specimen of the defendant's 4 14 blood, breath, or urine withdrawn in accordance with chapter 4 15 321J exceeds .15, regardless of whether or not the alcohol 4 16 concentration indicated by the chemical test minus the 4 17 established margin of error inherent in the device or method 4 18 used to conduct the test equals an alcohol concentration of 4 19 .15 or more. 4 20 DIVISION II 4 21 Sec. 10. Section 321J.1, Code 1997, is amended by adding 4 22 the following new subsection: 4 23 NEW SUBSECTION. 3A. "Controlled substance" means any 4 24 drug, substance, or compound that is listed in section 124.204 4 25 or 124.206, or any metabolite or derivative of the drug, 4 26 substance, or compound. 4 27 Sec. 11. Section 321J.2, subsection 1, Code Supplement 4 28 1997, is amended to read as follows: 4 29 1. A person commits the offense of operating while 4 30 intoxicated if the person operates a motor vehicle in this 4 31 state ineitherany of the following conditions: 4 32 a. While under the influence of an alcoholic beverage or 4 33 other drug or a combination of such substances. 4 34 b. While having an alcohol concentrationas defined in4 35section 321J.1of .10 or more. 5 1 c. While any amount of a controlled substance is present 5 2 in the person, as measured in the person's blood or urine. 5 3 Sec. 12. Section 321J.2, subsections 7 and 8, Code 5 4 Supplement 1997, are amended to read as follows: 5 5 7. a. Division I of this section does not apply to a 5 6 person operating a motor vehicle while under the influence of 5 7 a drug if the substance was prescribed for the person and was 5 8 taken under the prescription and in accordance with the 5 9 directions of a medical practitioner as defined in chapter 5 10 155A or if the substance was dispensed by a pharmacist without 5 11 a prescription pursuant to the rules of the board of pharmacy 5 12 examiners, if there is no evidence of the consumption of 5 13 alcohol and the medical practitioner or pharmacist had not 5 14 directed the person to refrain from operating a motor vehicle. 5 15 b. When charged with a violation of subsection 1, 5 16 paragraph "c", a person may assert, as an affirmative defense, 5 17 that the controlled substance present in the person's blood or 5 18 urine was prescribed or dispensed for the person and was taken 5 19 in accordance with the directions of a practitioner and the 5 20 labeling directions of the pharmacy, as that person and place 5 21 of business are defined in section 155A.3. 5 22 8. In any prosecution under this section, evidence of the 5 23 results of analysis of a specimen of the defendant's blood, 5 24 breath, or urine is admissible upon proof of a proper 5 25 foundation. 5 26 a. The alcohol concentration established by the results of 5 27 an analysis of a specimen of the defendant's blood, breath, or 5 28 urine withdrawn within two hours after the defendant was 5 29 driving or in physical control of a motor vehicle is presumed 5 30 to be the alcohol concentration at the time of driving or 5 31 being in physical control of the motor vehicle. 5 32 b. The presence of a controlled substance or other drug 5 33 established by the results of analysis of a specimen of the 5 34 defendant's blood or urine withdrawn within two hours after 5 35 the defendant was driving or in physical control of a motor 6 1 vehicle is presumed to show the presence of such controlled 6 2 substance or other drug in the defendant at the time of 6 3 driving or being in physical control of the motor vehicle. 6 4 c. The department of public safety shall adopt nationally 6 5 accepted standards for determining detectable levels of 6 6 controlled substances in the division of criminal 6 7 investigation's initial laboratory screening test for 6 8 controlled substances. 6 9 Sec. 13. Section 321J.2, subsection 10, Code Supplement 6 10 1997, is amended to read as follows: 6 11 10. In any prosecution under this section, the results of 6 12 a chemical test may not be used to prove a violationof6 13paragraph "b"of subsection 1 if the alcohol, controlled 6 14 substance, or other drug concentration indicated by the 6 15 chemical test minus the established margin of error inherent 6 16 in the device or method used to conduct the chemical test does 6 17 not equalan alcohol concentration of .10 or moreor exceed 6 18 the level prohibited by subsection 1. 6 19 Sec. 14. Section 321J.6, subsection 1, unnumbered 6 20 paragraph 1, Code 1997, is amended to read as follows: 6 21 A person who operates a motor vehicle in this state under 6 22 circumstances which give reasonable grounds to believe that 6 23 the person has been operating a motor vehicle in violation of 6 24 section 321J.2 or 321J.2A is deemed to have given consent to 6 25 the withdrawal of specimens of the person's blood, breath, or 6 26 urine and to a chemical test or tests of the specimens for the 6 27 purpose of determining the alcohol concentration or presence 6 28 of a controlled substance or other drugs, subject to this 6 29 section. The withdrawal of the body substances and the test 6 30 or tests shall be administered at the written request of a 6 31 peace officer having reasonable grounds to believe that the 6 32 person was operating a motor vehicle in violation of section 6 33 321J.2 or 321J.2A, and if any of the following conditions 6 34 exist: 6 35 Sec. 15. Section 321J.6, subsection 1, paragraphs d and f, 7 1 Code 1997, are amended to read as follows: 7 2 d. The preliminary breath screening test was administered 7 3 and it indicated an alcohol concentrationas defined inequal 7 4 to or in excess of the level prohibited by section321J.1 of7 5.10 or more321J.2. 7 6 f. The preliminary breath screening test was administered 7 7 and it indicated an alcohol concentrationofless than0.107 8 the level prohibited by section 321J.2, and the peace officer 7 9 has reasonable grounds to believe that the person was under 7 10 the influence of a controlled substance, a drug other than 7 11 alcohol, or a combination of alcohol and another drug. 7 12 Sec. 16. Section 321J.6, subsection 3, Code 1997, is 7 13 amended to read as follows: 7 14 3. Notwithstanding subsection 2, if the peace officer has 7 15 reasonable grounds to believe that the person was under the 7 16 influence of a controlled substance, a drug other than 7 17 alcohol, or a combination of alcohol and another drug, a blood 7 18 or urine testmayshall be required even aftera blood or7 19breathanother type of test has been administered. Section 7 20 321J.9 applies to a refusal to submit to a chemical test of 7 21 urine or blood requested under this subsection. 7 22 Sec. 17. Section 321J.8, subsection 2, Code 1997, is 7 23 amended to read as follows: 7 24 2. If the person submits to the test and the results 7 25 indicate the presence of a controlled substance or other drug, 7 26 or an alcohol concentrationas defined inequal to or in 7 27 excess of the level prohibited by section321J.1 of .10 or7 28more, or the person is under the age of twenty-one and the7 29results indicate an alcohol concentration of .02 or more, but7 30less than .10321J.2 or 321J.2A, the person's motor vehicle 7 31 license or nonresident operating privilege will be revoked by 7 32 the department as required by and for the applicable period 7 33 specified under section 321J.12. 7 34 Sec. 18. Section 321J.10, subsection 4, Code 1997, is 7 35 amended to read as follows: 8 1 4. a. Search warrants issued under this section shall 8 2 authorize and direct peace officers to secure the withdrawal 8 3 of blood specimens by medical personnel under section 321J.11. 8 4 Reasonable care shall be exercised to ensure the health and 8 5 safety of the persons from whom specimens are withdrawn in 8 6 execution of the warrants. 8 7 b. If a person from whom a specimen is to be withdrawn 8 8 objects to the withdrawal of blood,andthe warrant may be 8 9 executed as follows: 8 10 (1) If the person is capable of giving a specimen of 8 11 breath, and a direct breath testing instrument is readily 8 12 available, the warrant may be executed by the withdrawal of a 8 13 specimen of breath for chemical testing, unless the peace 8 14 officer has reasonable grounds to believe that the person was 8 15 under the influence of a controlled substance, a drug other 8 16 than alcohol, or a combination of alcohol and another drug. 8 17 (2) If the testimony in support of the warrant sets forth 8 18 facts and information that the peace officer has reasonable 8 19 grounds to believe that the person was under the influence of 8 20 a controlled substance, a drug other than alcohol, or a 8 21 combination of alcohol and another drug, a urine sample shall 8 22 be collected in lieu of a blood sample, if the person is 8 23 capable of giving a urine sample and the sample can be 8 24 collected without the need to physically compel the execution 8 25 of the warrant. 8 26 Sec. 19. Section 321J.11, unnumbered paragraph 1, Code 8 27 1997, is amended to read as follows: 8 28 Only a licensed physician, licensed physician assistant as 8 29 defined in section 148C.1, medical technologist, or registered 8 30 nurse, acting at the request of a peace officer, may withdraw 8 31 a specimen of blood for the purpose of determining the alcohol 8 32 concentration or the presence of a controlled substance or 8 33 other drugs. However, any peace officer, using devices and 8 34 methods approved by the commissioner of public safety, may 8 35 take a specimen of a person's breath or urine for the purpose 9 1 of determining the alcohol concentration, or may take a 9 2 specimen of a person's urine for the purpose of determining 9 3 the presence of a controlled substance or other drugs. Only 9 4 new equipment kept under strictly sanitary and sterile 9 5 conditions shall be used for drawing blood. 9 6 Sec. 20. Section 321J.12, subsections 1, 3, 4, and 6, Code 9 7 Supplement 1997, are amended to read as follows: 9 8 1. Upon certification, subject to penalty for perjury, by 9 9 the peace officer that there existed reasonable grounds to 9 10 believe that the person had been operating a motor vehicle in 9 11 violation of section 321J.2, that there existed one or more of 9 12 the necessary conditions for chemical testing described in 9 13 section 321J.6, subsection 1, and that the person submitted to 9 14 chemical testing and the test results indicated the presence 9 15 of a controlled substance or other drug, or an alcohol 9 16 concentrationas defined inequal to or in excess of the level 9 17 prohibited by section321J.1 of .10 or more321J.2, or a 9 18 combination of alcohol and another drug in violation of 9 19 section 321J.2, the department shall revoke the person's motor 9 20 vehicle license or nonresident operating privilege for the 9 21 following periods of time: 9 22 a. One hundred eighty days if the person has had no 9 23 revocation under this chapter. 9 24 b. One year if the person has had a previous revocation 9 25 under this chapter. 9 26 3. The effective date of the revocation shall be ten days 9 27 after the department has mailed notice of revocation to the 9 28 person by certified mail. The peace officer who requested or 9 29 directed the administration of the chemical test may, on 9 30 behalf of the department, serve immediate notice of revocation 9 31 on a person whose test results indicated the presence of a 9 32 controlled substance or other drug, or an alcohol 9 33 concentrationof .10 or moreequal to or in excess of the 9 34 level prohibited by section 321J.2, or a combination of 9 35 alcohol and another controlled substance or drug in violation 10 1 of section 321J.2. 10 2 4. If the peace officer serves that immediate notice, the 10 3 peace officer shall take the person's Iowa license or permit, 10 4 if any, and issue a temporary license valid only for ten days. 10 5 The peace officer shall immediately send the person's driver's 10 6 license to the department along with the officer's certificate 10 7 indicating that the test results indicated the presence of a 10 8 controlled substance or other drug, or an alcohol 10 9 concentrationof .10 or moreequal to or in excess of the 10 10 level prohibited by section 321J.2. 10 11 6. The results of a chemical test may not be used as the 10 12 basis for a revocation of a person's motor vehicle license or 10 13 nonresident operating privilege if the alcohol or drug 10 14 concentration indicated by the chemical test minus the 10 15 established margin of error inherent in the device or method 10 16 used to conduct the chemical testdoesis not equalan alcohol10 17concentration of .10 or more for violations underto or in 10 18 excess of the level prohibited by section 321J.2 orof .02 or10 19more for violations of section321J.2A. 10 20 Sec. 21. Section 321J.13, subsection 2, Code Supplement 10 21 1997, is amended to read as follows: 10 22 2. The department shall grant the person an opportunity to 10 23 be heard within forty-five days of receipt of a request for a 10 24 hearing if the request is made not later than ten days after 10 25 receipt of notice of revocation served pursuant to section 10 26 321J.9 or 321J.12. The hearing shall be before the department 10 27 in the county where the alleged events occurred, unless the 10 28 director and the person agree that the hearing may be held in 10 29 some other county, or the hearing may be held by telephone 10 30 conference at the discretion of the agency conducting the 10 31 hearing. The hearing may be recorded and its scope shall be 10 32 limited to the issues of whether a peace officer had 10 33 reasonable grounds to believe that the person was operating a 10 34 motor vehicle in violation of section 321J.2 orsection10 35 321J.2A andeitherone or more of the following: 11 1 a. Whether the person refused to submit to the test or 11 2 tests. 11 3 b. Whether a test was administered and the test results 11 4 indicated an alcohol concentrationas defined inequal to or 11 5 in excess of the level prohibited under section321J.1 of .1011 6or more or whether a test was administered and the test11 7results indicated an alcohol concentration as defined in11 8section 321J.1 of .02 or more pursuant to section321J.2 or 11 9 321J.2A. 11 10 c. Whether a test was administered and the test results 11 11 indicated the presence of alcohol, a controlled substance or 11 12 other drug, or a combination of alcohol and another drug, in 11 13 violation of section 321J.2. 11 14 Sec. 22. Section 321J.15, Code 1997, is amended to read as 11 15 follows: 11 16 321J.15 EVIDENCE IN ANY ACTION. 11 17 Upon the trial of a civil or criminal action or proceeding 11 18 arising out of acts alleged to have been committed by a person 11 19 while operating a motor vehicle in violation of section 321J.2 11 20 or 321J.2A, evidence of the alcohol concentration or the 11 21 presence of a controlled substance or other drugs in the 11 22 person's body substances at the time of the act alleged as 11 23 shown by a chemical analysis of the person's blood, breath, or 11 24 urine is admissible. If it is established at trial that an 11 25 analysis of a breath specimen was performed by a certified 11 26 operator using a device intended to determine alcohol 11 27 concentration and methods approved by the commissioner of 11 28 public safety, no further foundation is necessary for 11 29 introduction of the evidence. 11 30 Sec. 23. Section 321J.18, Code 1997, is amended to read as 11 31 follows: 11 32 321J.18 OTHER EVIDENCE. 11 33 This chapter does not limit the introduction of any 11 34 competent evidence bearing on the question of whether a person 11 35 was under the influence of an alcoholic beverage or a 12 1 controlled substance or other drug, including the results of 12 2 chemical tests of specimens of blood, breath, or urine 12 3 obtained more than two hours after the person was operating a 12 4 motor vehicle. 12 5 DIVISION III 12 6 Sec. 24. Section 124.401, subsection 1, paragraph d, Code 12 7 Supplement 1997, is amended to read as follows: 12 8 d. Violation of this subsection, with respect to any other 12 9 controlled substances, counterfeit substances, or simulated 12 10 controlled substances classified in schedule IV or V is an 12 11 aggravated misdemeanor. However, violation of this subsection 12 12 involving fifty kilograms or less of marijuana, is a class "D" 12 13 felony, and in addition to the provisions of section 902.9, 12 14 subsection 4, shall be punished by a fine of not less than one 12 15 thousand dollars nor more thanfiveseven thousand five 12 16 hundred dollars. 12 17 Sec. 25. Section 124.401, subsection 5, Code Supplement 12 18 1997, is amended to read as follows: 12 19 5. It is unlawful for any person knowingly or 12 20 intentionally to possess a controlled substance unless such 12 21 substance was obtained directly from, or pursuant to, a valid 12 22 prescription or order of a practitioner while acting in the 12 23 course of the practitioner's professional practice, or except 12 24 as otherwise authorized by this chapter. Any person who 12 25 violates this subsection is guilty of a serious misdemeanor 12 26 for a first offense. A person who commits a violation of this 12 27 subsection and who has previously been convicted of violating 12 28 this subsection is guilty of an aggravated misdemeanor. A 12 29 person who commits a violation of this subsection and has 12 30 previously been convicted two or more times of violating this 12 31 subsection is guilty of a class "D" felony. 12 32 PARAGRAPH DIVIDED. If the controlled substance is 12 33 marijuana, the punishment shall be by imprisonment in the 12 34 county jail for not more than six months or by a fine of not 12 35 more than one thousand dollars, or by both such fine and 13 1 imprisonment for a first offense. If the controlled substance 13 2 is marijuana and the person has been previously convicted of a 13 3 violation of this subsection in which the controlled substance 13 4 was marijuana, the punishment shall be as provided in section 13 5 903.1, subsection 1, paragraph "b". If the controlled 13 6 substance is marijuana and the person has been previously 13 7 convicted two or more times of a violation of this subsection 13 8 in which the controlled substance was marijuana, the person is 13 9 guilty of an aggravated misdemeanor. 13 10 PARAGRAPH DIVIDED. All or any part of a sentence imposed 13 11 pursuant to thissectionsubsection may be suspended and the 13 12 person placed upon probation upon such terms and conditions as 13 13 the court may impose including the active participation by 13 14 such person in a drug treatment, rehabilitation or education 13 15 program approved by the court. 13 16 DIVISION IV 13 17 Sec. 26. Section 901.5, Code 1997, is amended by adding 13 18 the following new subsections: 13 19 NEW SUBSECTION. 11. In addition to any sentence or other 13 20 penalty imposed against the defendant for an offense under 13 21 chapter 124, the court shall consider the provisions of 21 13 22 U.S.C. } 862, regarding the denial of federal benefits to drug 13 23 traffickers and possessors convicted under state or federal 13 24 law, and may enter an order specifying the range and scope of 13 25 benefits to be denied to the defendant, according to the 13 26 provisions of 21 U.S.C. } 862. For the purposes of this 13 27 subsection, "federal benefit" means the issuance of any grant, 13 28 contract, loan, professional license, or commercial license 13 29 provided by an agency of the United States or through the 13 30 appropriation of funds of the United States, but does not 13 31 include any retirement, welfare, social security, health, 13 32 disability, veterans, public housing, or similar benefit for 13 33 which payments or services are required for eligibility. The 13 34 supreme court may adopt rules establishing sentencing 13 35 guidelines consistent with this subsection and 21 U.S.C. } 14 1 862. The clerk of the district court shall send a copy of any 14 2 order issued pursuant to this subsection to the denial of 14 3 federal benefits program of the United States department of 14 4 justice, along with any other forms and information required 14 5 by the department. 14 6 NEW SUBSECTION. 12. In addition to any sentence or other 14 7 penalty imposed against the defendant for an offense under 14 8 chapter 124, the court shall consider the denial of state 14 9 benefits to the defendant, and may enter an order specifying 14 10 the range and scope of benefits to be denied to the defendant, 14 11 comparable to the federal benefits denied under subsection 11. 14 12 For the purposes of this subsection, "state benefit" means the 14 13 issuance of any grant, contract, loan, professional license, 14 14 or commercial license provided by a state agency, department, 14 15 program, or otherwise through the appropriation of funds of 14 16 the state, but does not include any retirement, welfare, 14 17 health, disability, veterans, public housing, or similar 14 18 benefit. The supreme court may adopt rules establishing 14 19 sentencing guidelines consistent with this subsection and 14 20 comparable to the guidelines for denial of federal benefits in 14 21 21 U.S.C. } 862. The clerk of the district court shall send a 14 22 copy of any order issued pursuant to this subsection to each 14 23 state agency, department, or program required to deny benefits 14 24 pursuant to such an order. 14 25 DIVISION V 14 26 Sec. 27. Section 811.1, subsection 2, Code Supplement 14 27 1997, is amended to read as follows: 14 28 2. A defendant appealing a conviction of a class "A" 14 29 felony, murder, any class "B" felony included in section 14 30 707.6A, felonious assault, felonious child endangerment, 14 31 sexual abuse in the second degree, sexual abuse in the third 14 32 degree, kidnapping, robbery in the first degree, arson in the 14 33 first degree, or burglary in the first degree,orany felony 14 34 included in section 124.401, subsection 1, paragraph "a", or a 14 35 violation of section 124.401, subsection 1, paragraph "b". 15 1 Sec. 28. Section 901.10, Code 1997, is amended to read as 15 2 follows: 15 3 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 15 4 1. A court sentencing a person for the person's first 15 5 conviction under section 124.406, 124.413, or 902.7 may, at 15 6 its discretion, sentence the person to a term less than 15 7 provided by the statute if mitigating circumstances exist and 15 8 those circumstances are stated specifically in the record. 15 9However, the15 10 2. Notwithstanding subsection 1, if the sentence under 15 11 section 124.413 involves a methamphetamine offense under 15 12 section 124.401, subsection 1, paragraph "a" or "b", the court 15 13 shall not grant any reduction of sentence unless the defendant 15 14 pleads guilty. If the defendant pleads guilty, the court may, 15 15 at its discretion, reduce the mandatory minimum sentence by up 15 16 to one-third. If the defendant additionally cooperates in the 15 17 prosecution of other persons involved in the sale or use of 15 18 controlled substances, and if the prosecutor requests an 15 19 additional reduction in defendant's sentence because of such 15 20 cooperation, the court may grant a further reduction in 15 21 defendant's mandatory minimum sentence, up to one-half of the 15 22 remaining mandatory minimum sentence. 15 23 3. The state may appeal the discretionary decision on the 15 24 grounds that the stated mitigating circumstances do not 15 25 warrant a reduction of the sentence. 15 26 Sec. 29. Section 907.3, subsection 1, Code Supplement 15 27 1997, is amended by adding the following new paragraph: 15 28 NEW PARAGRAPH. k. The offense is a violation of section 15 29 124.401, subsection 1, paragraph "a" or "b", and the 15 30 controlled substance is methamphetamine. 15 31 Sec. 30. Section 907.3, subsection 2, Code Supplement 15 32 1997, is amended by adding the following new paragraph: 15 33 NEW PARAGRAPH. e. The offense is a violation of section 15 34 124.401, subsection 1, paragraph "a" or "b", and the 15 35 controlled substance is methamphetamine. 16 1 Sec. 31. Section 907.3, subsection 3, Code Supplement 16 2 1997, is amended by adding the following new paragraph: 16 3 NEW PARAGRAPH. e. The offense is a violation of section 16 4 124.401, subsection 1, paragraph "a" or "b", and the 16 5 controlled substance is methamphetamine. 16 6 DIVISION VI 16 7 Sec. 32. Section 730.5, subsection 7, paragraph a, as 16 8 enacted in 1998 Iowa Acts, House File 299, section 1, is 16 9 amended to read as follows: 16 10 a. The collection of samples shall be performed under 16 11 sanitary conditions and with regard for the privacy of the 16 12 individual from whom the specimen is being obtained and in a 16 13 manner reasonably calculated to preclude contamination or 16 14 substitution of the specimen. If the sample collected is 16 15 urine, procedures shall be established to provide for 16 16 individual privacy in the collection of the sample unless 16 17 there is a reasonable suspicion that a particular individual 16 18 subject to testing may alter or substitute the urine specimen 16 19 to be provided, or has previously altered or substituted a 16 20 urine specimen provided pursuant to a drug or alcohol test. 16 21 For purposes of this paragraph, "individual privacy" means a 16 22 location at the collection site where urination can occur in 16 23 private, which has been secured by visual inspection to ensure 16 24 that other persons are not present, which provides that 16 25 undetected access to the location is not possible during 16 26 urination, and which provides for the ability to effectively 16 27 restrict access to the location during the time the specimen 16 28 is provided. If an individual is providing a sample and 16 29 collection of the sample is directly monitored or observed by 16 30 another individual, the individual who is directly monitoring 16 31 or observing the collection shall be of the same gender as the 16 32 individual from whom the sample is being collected. 16 33 Sec. 33. Section 730.5, subsection 9, paragraph a, as 16 34 enacted in 1998 Iowa Acts, House File 299, section 1, is 16 35 amended to read as follows: 17 1 a. (1) Drug or alcohol testing or retesting by an 17 2 employer shall be carried out within the terms of a written 17 3 policy which has been provided to every employee subject to 17 4 testing, and is available for review by employees and 17 5 prospective employees. If an employee or prospective employee 17 6 is a minor, the employer shall provide a copy of the written 17 7 policy to a parent of the employee or prospective employee and 17 8 shall obtain a receipt or acknowledgement from the parent that 17 9 a copy of the policy has been received. Providing a copy of 17 10 the written policy to a parent of a minor by certified mail, 17 11 return receipt requested, shall satisfy the requirements of 17 12 this subparagraph. 17 13 (2) In addition, the written policy shall provide that any 17 14 notice required by subsection 7, paragraph "i", to be provided 17 15 to an individual pursuant to a drug or alcohol test conducted 17 16 pursuant to this section, shall also be provided to the parent 17 17 of the individual by certified mail, return receipt requested, 17 18 if the individual tested is a minor. 17 19 (3) In providing information or notice to a parent as 17 20 required by this paragraph, an employer shall rely on the 17 21 information regarding the identity of a parent as provided by 17 22 the minor. 17 23 (4) For purposes of this paragraph, "minor" means an 17 24 individual who is under eighteen years of age and is not 17 25 considered by law to be an adult, and "parent" means one 17 26 biological or adoptive parent, a stepparent, or a legal 17 27 guardian or custodian of the minor. 17 28 DIVISION VII 17 29 Sec. 34. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 30 3, shall not apply to this Act. 17 31 Sec. 35. EFFECTIVE DATES. Division VI of this Act takes 17 32 effect upon enactment or April 16, 1998, whichever is later. 17 33 Sec. 36. RETROACTIVE APPLICABILITY. Sections 4 and 5 of 17 34 this Act are retroactively applicable to July 1, 1997, and are 17 35 applicable on and after that date. 18 1 Sec. 37. EFFECTIVE DATE. Division I of this Act, being 18 2 deemed of immediate importance, takes effect upon enactment. 18 3 18 4 18 5 18 6 MARY E. KRAMER 18 7 President of the Senate 18 8 18 9 18 10 18 11 RON J. CORBETT 18 12 Speaker of the House 18 13 18 14 I hereby certify that this bill originated in the Senate and 18 15 is known as Senate File 2391, Seventy-seventh General Assembly. 18 16 18 17 18 18 18 19 MARY PAT GUNDERSON 18 20 Secretary of the Senate 18 21 Approved , 1998 18 22 18 23 18 24 18 25 TERRY E. BRANSTAD 18 26 Governor
Text: SF02390 Text: SF02392 Text: SF02300 - SF02399 Text: SF 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: Mon Jun 29 13:40:04 CDT 1998
URL: /DOCS/GA/77GA/Legislation/SF/02300/SF02391/980409.html
jhf