Text: SSB00152                          Text: SSB00154
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 153

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.12, Code 1997, is amended to read
  1  2 as follows:
  1  3    321.12  OBSOLETE RECORDS DESTROYED.
  1  4    The director may destroy any records of the department
  1  5 which have been maintained on file for three years which the
  1  6 director deems obsolete and of no further service in carrying
  1  7 out the powers and duties of the department.  However,
  1  8 operating records relating to a person who has been issued a
  1  9 commercial driver's license shall be maintained on file in
  1 10 accordance with rules adopted by the department.  Records
  1 11 concerning suspensions authorized under section 321.210,
  1 12 subsection 1, paragraph "g", and section 321.210A may be
  1 13 destroyed six months after the suspension is terminated and
  1 14 the requirements of section 321.191 have been satisfied.
  1 15 Records concerning suspensions and surrender of licenses or
  1 16 registrations required under section 321A.31 for failing to
  1 17 maintain proof of financial responsibility, as defined in
  1 18 section 321A.1, may be destroyed six months after the
  1 19 requirements of sections 321.191 and 321A.29 have been
  1 20 satisfied.
  1 21    The director shall not destroy any operating records
  1 22 pertaining to arrests or convictions for operating while
  1 23 intoxicated, in violation of section 321J.2, which are more
  1 24 than twelve years old.  The twelve-year period shall commence
  1 25 with the date of the arrest or conviction for the offense,
  1 26 whichever first occurs.  However, the director shall not
  1 27 destroy operating records which pertain to arrests or
  1 28 convictions for operating while intoxicated after the
  1 29 expiration of twelve years when the motor vehicle being
  1 30 operated was a commercial motor vehicle or if all of the
  1 31 provisions of the court order have not been satisfied.
  1 32    The director shall destroy any operating records pertaining
  1 33 to revocations for violations of section 321J.2A which are
  1 34 more than twelve years old.  The twelve-year period shall
  1 35 commence with the date the revocation of the person's
  2  1 operating privileges becomes effective.  This paragraph shall
  2  2 not apply to records of revocations which pertain to
  2  3 violations of section 321J.2A by persons operating a
  2  4 commercial motor vehicle.
  2  5    Sec. 2.  Section 321.555, subsection 1, paragraph c, Code
  2  6 1997, is amended to read as follows:
  2  7    c.  Driving a motor vehicle while the person's motor
  2  8 vehicle license is suspended, denied, revoked, or barred.
  2  9    Sec. 3.  Section 321J.1, Code 1997, is amended to read as
  2 10 follows:
  2 11    321J.1  DEFINITIONS.
  2 12    As used in this chapter, unless the context otherwise
  2 13 requires:
  2 14    1.  "Alcohol concentration" means the number of grams of
  2 15 alcohol per any of the following:
  2 16    a.  One hundred milliliters of blood.
  2 17    b.  Two hundred ten liters of breath.
  2 18    c.  Sixty-seven milliliters of urine.
  2 19    2.  "Alcoholic beverage" includes alcohol, wine, spirits,
  2 20 beer, or any other beverage which contains ethyl alcohol and
  2 21 is fit for human consumption.
  2 22    3.  "Arrest" includes but is not limited to taking into
  2 23 custody pursuant to section 232.19.
  2 24    4.  "Controlled substance" means any drug, substance, or
  2 25 compound that is listed in sections 124.204 and 124.206, as
  2 26 well as any metabolite or derivative of the drug, substance,
  2 27 or compound.
  2 28    4. 5.  "Department" means the state department of
  2 29 transportation.
  2 30    5. 6.  "Director" means the director of transportation or
  2 31 the director's designee.
  2 32    6. 7.  "Motor vehicle license" means any license or permit
  2 33 issued to a person to operate a motor vehicle on the highways
  2 34 of this state, including but not limited to a driver's,
  2 35 commercial driver's, temporary restricted, or temporary
  3  1 license and an instruction, chauffeur's instruction,
  3  2 commercial driver's instruction, temporary restricted, or
  3  3 temporary permit.
  3  4    7. 8.  "Peace officer" means:
  3  5    a.  A member of the highway patrol.
  3  6    b.  A police officer under civil service as provided in
  3  7 chapter 400.
  3  8    c.  A sheriff.
  3  9    d.  A regular deputy sheriff who has had formal police
  3 10 training.
  3 11    e.  Any other law enforcement officer who has
  3 12 satisfactorily completed an approved course relating to motor
  3 13 vehicle operators under the influence of alcoholic beverages
  3 14 at the Iowa law enforcement academy or a law enforcement
  3 15 training program approved by the department of public safety.
  3 16    8. 9.  "Serious injury" means a bodily injury which creates
  3 17 a substantial risk of death, or which causes serious permanent
  3 18 disfigurement, or which causes protracted loss or impairment
  3 19 of the function of any bodily organ or major bodily member, or
  3 20 which causes the loss of any bodily member.
  3 21    Sec. 4.  Section 321J.2, Code 1997, is amended to read as
  3 22 follows:
  3 23    321J.2  OPERATING WHILE INTOXICATED UNDER THE INFLUENCE OF
  3 24 ALCOHOL OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF
  3 25 .10 OR MORE (OWI).
  3 26    1.  A person commits the offense of operating while
  3 27 intoxicated if the person operates a motor vehicle in this
  3 28 state in either any of the following conditions:
  3 29    a.  While under the influence of an alcoholic beverage or
  3 30 other drug or a combination of such substances.
  3 31    b.  While having an alcohol concentration as defined in
  3 32 section 321J.1 of .10 .08 or more.
  3 33    c.  While any amount of a controlled substance is present
  3 34 in the person, as measured in the person's blood or urine.
  3 35    2.  A person who violates this section subsection 1
  4  1 commits:
  4  2    a.  A serious misdemeanor for the first offense, and shall
  4  3 be imprisoned in the county jail for not less than forty-eight
  4  4 hours to be served as ordered by the court, less credit for
  4  5 any time the person was confined in a jail or detention
  4  6 facility following arrest, and assessed a fine of not less
  4  7 than five hundred dollars nor more than one thousand dollars.
  4  8 As an alternative to a portion or all of the fine, the court
  4  9 may order the person to perform not more than two hundred
  4 10 hours of unpaid community service.  The court may accommodate
  4 11 the sentence to the work schedule of the defendant.
  4 12    b.  An aggravated misdemeanor for a second offense, and
  4 13 shall be imprisoned in the county jail or community-based
  4 14 correctional facility not less than seven days, which minimum
  4 15 term cannot be suspended notwithstanding section 901.5,
  4 16 subsection 3 and section 907.3, subsection 3, and assessed a
  4 17 fine of not less than seven hundred fifty dollars.
  4 18    c.  A class "D" felony for a third offense and each
  4 19 subsequent offense, and shall be imprisoned in the county jail
  4 20 for a determinate sentence of not more than one year but not
  4 21 less than thirty days, or committed to the custody of the
  4 22 director of the department of corrections, and assessed a fine
  4 23 of not less than seven hundred fifty dollars.  The minimum
  4 24 jail term of thirty days cannot be suspended notwithstanding
  4 25 section 901.5, subsection 3, and section 907.3, subsection 3,
  4 26 however, the person sentenced shall receive credit for any
  4 27 time the person was confined in a jail or detention facility
  4 28 following arrest.  If a person is committed to the custody of
  4 29 the director of the department of corrections pursuant to this
  4 30 paragraph and the sentence is suspended, the sentencing court
  4 31 shall order that the offender serve the thirty-day minimum
  4 32 term in the county jail.  If the sentence which commits the
  4 33 person to the custody of the director of the department of
  4 34 corrections is later imposed by the court, all time served in
  4 35 a county jail toward the thirty-day minimum term shall count
  5  1 as time served toward the sentence which committed the person
  5  2 to the custody of the director of the department of
  5  3 corrections.  A person convicted of a second or subsequent
  5  4 offense shall be ordered to undergo a substance abuse
  5  5 evaluation prior to sentencing.  If a A person is convicted of
  5  6 a third or subsequent offense or if the evaluation recommends
  5  7 treatment, the offender may be committed to the custody of the
  5  8 director of the department of corrections, who, if the
  5  9 sentence is not suspended, shall assign the person to a
  5 10 facility pursuant to section 904.513 or the offender may be
  5 11 committed to treatment in the community under the provisions
  5 12 of section 907.6.
  5 13    2A.  a.  Notwithstanding the provisions of sections 901.5
  5 14 and 907.3, the court shall not defer judgment or sentencing,
  5 15 or suspend execution of any part of the minimum sentence
  5 16 applicable to the defendant under subsection 2.
  5 17    b.  All persons convicted of an offense under subsection 2
  5 18 shall be ordered, at the person's expense, to undergo, prior
  5 19 to sentencing, a substance abuse evaluation pursuant to
  5 20 chapter 125.
  5 21    c.  A minimum term of imprisonment in a county jail or
  5 22 community-based correctional facility imposed on a person
  5 23 convicted of a second or subsequent offense under paragraph
  5 24 "b" or "c" subsection 2 shall be served on consecutive days.
  5 25 However, if the sentencing court finds that service of the
  5 26 full minimum term on consecutive days would work an undue
  5 27 hardship on the person, or finds that sufficient jail space is
  5 28 not available and is not reasonably expected to become
  5 29 available within four months after sentencing to incarcerate
  5 30 the person serving the minimum sentence on consecutive days,
  5 31 the court may order the person to serve not less than forty-
  5 32 eight consecutive hours of the minimum term in segments of at
  5 33 least forty-eight hours and to perform a specified number of
  5 34 hours of unpaid community service as deemed appropriate by the
  5 35 sentencing court.
  6  1    3.  No conviction for, deferred judgment for, or plea of
  6  2 guilty to, a violation of this section which occurred more
  6  3 than six years prior to the date of the violation charged
  6  4 shall be considered in determining that the violation charged
  6  5 is a second, third, or subsequent offense.  For the purpose of
  6  6 determining if a violation charged is a second, third, or
  6  7 subsequent offense, deferred judgments entered pursuant to
  6  8 prior versions of section 907.3 for violations of this section
  6  9 and convictions or the equivalent of deferred judgments for
  6 10 violations in any other states under statutes substantially
  6 11 corresponding to this section shall be counted as previous
  6 12 offenses.  The courts shall judicially notice the statutes of
  6 13 other states which define offenses substantially equivalent to
  6 14 the one defined in this section and can therefore be
  6 15 considered corresponding statutes.  Each previous violation on
  6 16 which conviction or deferral of judgment was entered prior to
  6 17 the date of the violation charged shall be considered and
  6 18 counted as a separate previous offense.
  6 19    4.  A person shall not be convicted and sentenced for more
  6 20 than one violation of this section for actions arising out of
  6 21 the same event or occurrence, even if the violation is shown
  6 22 to have been committed by either or both of the means
  6 23 described event or occurrence involves more than one of the
  6 24 conditions specified in subsection 1 in the same occurrence.
  6 25    5.  The clerk of the district court shall immediately
  6 26 certify to the department a true copy of each order entered
  6 27 with respect to deferral of judgment, deferral of sentence or
  6 28 pronouncement of judgment and sentence for a defendant under
  6 29 this section.
  6 30    6.  a.  This section does not apply to a person operating a
  6 31 motor vehicle while under the influence of a drug if the
  6 32 substance was prescribed for the person and was taken under
  6 33 the prescription and in accordance with the directions of a
  6 34 medical practitioner as defined in chapter 155A, if there is
  6 35 no evidence of the consumption of alcohol and the medical
  7  1 practitioner had not directed the person to refrain from
  7  2 operating a motor vehicle.
  7  3    b.  When charged with a violation of subsection 1,
  7  4 paragraph "c", a person may assert, as an affirmative defense,
  7  5 that the controlled substance present in the person's blood or
  7  6 urine was prescribed for the person and was taken in
  7  7 accordance with the directions of a medical practitioner as
  7  8 defined in chapter 155A.
  7  9    7.  In any prosecution under this section, evidence of the
  7 10 results of analysis of a specimen of the defendant's blood,
  7 11 breath, or urine is admissible upon proof of a proper
  7 12 foundation.
  7 13    a.  The alcohol concentration established by the results of
  7 14 an analysis of a specimen of the defendant's blood, breath, or
  7 15 urine withdrawn within two hours after the defendant was
  7 16 driving or in physical control of a motor vehicle is presumed
  7 17 to be the alcohol concentration at the time of driving or
  7 18 being in physical control of the motor vehicle.
  7 19    b.  The presence of a controlled substance or other drug in
  7 20 the results of analysis of a specimen of a blood or urine
  7 21 sample withdrawn from the defendant within two hours after the
  7 22 defendant was driving or in physical control of the motor
  7 23 vehicle is presumed to show the presence of such controlled
  7 24 substance or other drug in the defendant at the time of
  7 25 driving or being in physical control of the motor vehicle.
  7 26    8.  The court shall order a defendant convicted of or
  7 27 receiving a deferred judgment for a violation of this section
  7 28 to make restitution, in an amount not to exceed two thousand
  7 29 dollars, in accordance with chapter 910 for damages resulting
  7 30 directly from the violation.  An amount paid pursuant to this
  7 31 restitution order shall be credited toward any adverse
  7 32 judgment in a subsequent civil proceeding arising from the
  7 33 same occurrence.  However, other than establishing a credit, a
  7 34 restitution proceeding pursuant to this section shall not be
  7 35 given evidentiary or preclusive effect in a subsequent civil
  8  1 proceeding arising from the same occurrence.
  8  2    9.  In any prosecution under this section, the results of a
  8  3 chemical test may not be used to prove a violation of
  8  4 paragraph "b" of subsection 1 if the alcohol or other drug
  8  5 concentration indicated by the chemical test minus the
  8  6 established margin of error inherent in the device or method
  8  7 used to conduct the chemical test does not equal an alcohol
  8  8 concentration of .10 or more or exceed the level prohibited by
  8  9 subsection 1.
  8 10    Sec. 5.  Section 321J.3, Code 1997, is amended to read as
  8 11 follows:
  8 12    321J.3  COURT ORDERED SUBSTANCE SUBSTANCE ABUSE EVALUATION
  8 13 OR TREATMENT.
  8 14    1.  On a conviction for a violation of section 321J.2, the
  8 15 court may order the defendant to attend a course for drinking
  8 16 drivers under section 321J.22.  If the defendant submitted to
  8 17 a chemical test on arrest for the violation of section 321J.2
  8 18 and the test indicated an alcohol concentration of .20 or
  8 19 higher, or if the defendant is charged with a second or
  8 20 subsequent offense, the court shall order the defendant, on
  8 21 conviction, to undergo a substance abuse evaluation and the
  8 22 court shall order the defendant
  8 23    1.  a.  In addition to orders issued pursuant to section
  8 24 321J.2, subsection 2A, and section 321J.17, the court shall
  8 25 order any defendant convicted under section 321J.2 to follow
  8 26 the recommendations proposed in the substance abuse evaluation
  8 27 for appropriate substance abuse treatment for the defendant.
  8 28 Court-ordered substance abuse treatment is subject to the
  8 29 periodic reporting requirements of section 125.86.
  8 30    b.  If a defendant is committed by the court to a substance
  8 31 abuse treatment facility, the administrator of the facility
  8 32 shall report to the court when it is determined that the
  8 33 defendant has received the maximum benefit of treatment at the
  8 34 facility and the defendant shall be released from the
  8 35 facility.  The time for which the defendant is committed for
  9  1 treatment shall be credited against the defendant's sentence.
  9  2    c.  The court may prescribe the length of time for the
  9  3 evaluation and treatment or it may request that the community
  9  4 college conducting the course for drinking drivers which the
  9  5 person is ordered to attend or the treatment program to which
  9  6 the person is committed immediately report to the court when
  9  7 the person has received maximum benefit from the course for
  9  8 drinking drivers or treatment program or has recovered from
  9  9 the person's addiction, dependency, or tendency to chronically
  9 10 abuse alcohol or drugs.
  9 11    d.  Upon successfully completing or attending a course for
  9 12 drinking drivers or an ordered substance abuse treatment
  9 13 program, a court may place the person may be placed on
  9 14 probation for six months and as a condition of probation, the
  9 15 person shall attend a program providing posttreatment services
  9 16 relating to substance abuse as approved by the court.
  9 17    e.  A person committed under this section who does not
  9 18 possess sufficient income or estate to make payment of the
  9 19 costs of the treatment in whole or in part shall be considered
  9 20 a state patient and the costs of treatment shall be paid as
  9 21 provided in section 125.44.
  9 22    f.  A defendant who fails to carry out the order of the
  9 23 court or who fails to successfully complete or attend a course
  9 24 for drinking drivers or an ordered substance abuse treatment
  9 25 program shall be confined in the county jail for twenty days
  9 26 in addition to any other imprisonment ordered by the court or
  9 27 may be ordered to perform unpaid community service work, and
  9 28 shall be placed on probation for one year with a violation of
  9 29 this probation punishable as contempt of court.
  9 30    g.  In addition to any other condition of probation, the
  9 31 person shall attend a program providing substance abuse
  9 32 prevention services or posttreatment services related to
  9 33 substance abuse as ordered by the court.  The person shall
  9 34 report to the person's probation officer as ordered concerning
  9 35 proof of attendance at the treatment program or posttreatment
 10  1 program ordered by the court.  Failure to attend or complete
 10  2 the program shall be considered a violation of probation and
 10  3 is punishable as contempt of court.
 10  4    2.  a.  As a condition of a suspended sentence or portion
 10  5 of sentence for Upon a second, third, or subsequent offense in
 10  6 violation of section 321J.2, the court upon hearing may commit
 10  7 the defendant for inpatient treatment of alcoholism or drug
 10  8 addiction or dependency to any hospital, institution, or
 10  9 community correctional facility in Iowa providing such
 10 10 treatment.  The time for which the defendant is committed for
 10 11 treatment shall be credited against the defendant's sentence.
 10 12    b.  The court may prescribe the length of time for the
 10 13 evaluation and treatment or it may request that the hospital
 10 14 to which the person is committed immediately report to the
 10 15 court when the person has received maximum benefit from the
 10 16 program of the hospital or institution or has recovered from
 10 17 the person's addiction, dependency, or tendency to chronically
 10 18 abuse alcohol or drugs.
 10 19    c.  A person committed under this section who does not
 10 20 possess sufficient income or estate to make payment of the
 10 21 costs of the treatment in whole or in part shall be considered
 10 22 a state patient and the costs of treatment shall be paid as
 10 23 provided in section 125.44.
 10 24    Sec. 6.  Section 321J.4, subsection 1, Code 1997, is
 10 25 amended to read as follows:
 10 26    1.  If a defendant is convicted of a violation of section
 10 27 321J.2 and the defendant's motor vehicle license or
 10 28 nonresident operating privilege has not been revoked under
 10 29 section 321J.9 or 321J.12 for the occurrence from which the
 10 30 arrest arose, the department shall revoke the defendant's
 10 31 motor vehicle license or nonresident operating privilege for
 10 32 one hundred eighty days if the defendant has had no previous
 10 33 conviction or revocation under this chapter within the
 10 34 previous six years and the defendant shall not be eligible for
 10 35 any temporary restricted license for at least thirty days
 11  1 after the effective date of the revocation if a test was
 11  2 obtained, and for at least ninety days if a test was refused.
 11  3    If a defendant is convicted of a violation of section
 11  4 321J.2, and the defendant's motor vehicle license or
 11  5 nonresident operating privilege has not already been revoked
 11  6 under section 321J.9 or 321J.12 for the occurrence from which
 11  7 the arrest arose, the department shall revoke the defendant's
 11  8 motor vehicle license or nonresident operating privilege for
 11  9 one year if the defendant has had one or more previous
 11 10 convictions or revocations under this chapter within the
 11 11 previous six years.  The defendant shall not be eligible for
 11 12 any temporary restricted license during the entire one-year
 11 13 revocation period.
 11 14    Sec. 7.  Section 321J.4, subsection 2, Code 1997, is
 11 15 amended by striking the subsection.
 11 16    Sec. 8.  Section 321J.4, subsection 3, Code 1997, is
 11 17 amended to read as follows:
 11 18    3.  a.  Upon a plea or verdict of guilty of a third or
 11 19 subsequent violation of section 321J.2, the court shall order
 11 20 the department to revoke the defendant's motor vehicle license
 11 21 or nonresident operating privilege for a period of six years.
 11 22 The defendant shall not be eligible for a temporary restricted
 11 23 license for at least one year after the effective date of the
 11 24 revocation during the revocation period.  The court shall
 11 25 require the defendant to surrender to it all Iowa licenses or
 11 26 permits held by the defendant, which the court shall forward
 11 27 to the department with a copy of the order for revocation.
 11 28    b.  After two years from the date of the order for
 11 29 revocation, the defendant may apply to the court for
 11 30 restoration of the defendant's eligibility for a motor vehicle
 11 31 license.  The application may be granted only if all of the
 11 32 following are shown by the defendant by a preponderance of the
 11 33 evidence:
 11 34    (1)  The defendant has completed an evaluation and, if
 11 35 recommended by the evaluation, a program of treatment for
 12  1 chemical dependency and is recovering, or has substantially
 12  2 recovered, from that dependency on or tendency to abuse
 12  3 alcohol or drugs.
 12  4    (2)  The defendant has not been convicted, since the date
 12  5 of the revocation order, of any subsequent violations of
 12  6 section 321J.2 or 123.46, or any comparable city or county
 12  7 ordinance, and the defendant has not, since the date of the
 12  8 revocation order, submitted to a chemical test under this
 12  9 chapter that indicated an alcohol concentration as defined in
 12 10 section 321J.1 of .10 or more, or refused to submit to
 12 11 chemical testing under this chapter.
 12 12    (3)  The defendant has abstained from the excessive
 12 13 consumption of alcoholic beverages and the consumption of
 12 14 controlled substances, except at the direction of a licensed
 12 15 physician or pursuant to a valid prescription.
 12 16    (4)  The defendant's motor vehicle license is not currently
 12 17 subject to suspension or revocation for any other reason.
 12 18    c.  The court shall forward to the department a record of
 12 19 any application submitted under paragraph "b" and the results
 12 20 of the court's disposition of the application.
 12 21    Sec. 9.  Section 321J.4, subsection 5, Code 1997, is
 12 22 amended to read as follows:
 12 23    5.  Upon a plea or verdict of guilty of a violation of
 12 24 section 321J.2 which involved a death, the court shall
 12 25 determine in open court, from consideration of the information
 12 26 in the file and any other evidence the parties may submit,
 12 27 whether a death occurred and, if so, whether the defendant's
 12 28 conduct in violation of section 321J.2 caused the death.  If
 12 29 the court so determines, the court shall order the department
 12 30 to revoke the defendant's motor vehicle license or nonresident
 12 31 operating privilege for a period of six years.  The defendant
 12 32 shall not be eligible for any temporary restricted license
 12 33 until the minimum period of ineligibility has expired under
 12 34 this section or section 321J.9, 321J.12, or 321J.20 during the
 12 35 revocation period.  The defendant shall surrender to the court
 13  1 any Iowa license or permit and the court shall forward it to
 13  2 the department with a copy of the order for revocation.
 13  3    Sec. 10.  Section 321J.4, subsection 7, Code 1997, is
 13  4 amended to read as follows:
 13  5    7.  a.  On a conviction for or as a condition of a deferred
 13  6 judgment for a violation of section 321J.2, the court may
 13  7 order the defendant to install ignition interlock devices of a
 13  8 type approved by the commissioner of public safety on all
 13  9 motor vehicles owned or operated by the defendant which,
 13 10 without tampering or the intervention of another person, would
 13 11 prevent the defendant from operating the motor vehicle with an
 13 12 alcohol concentration greater than a level set by rule of the
 13 13 commissioner of public safety.
 13 14    b.  The commissioner of public safety shall adopt rules to
 13 15 approve certain ignition interlock devices and the means of
 13 16 installation of the devices, and shall establish the level of
 13 17 alcohol concentration beyond which an ignition interlock
 13 18 device will not allow operation of the motor vehicle in which
 13 19 it is installed.
 13 20    c.  The order to install ignition interlock devices shall
 13 21 remain in effect for a period of time as determined by the
 13 22 court which shall not exceed the maximum term of imprisonment
 13 23 which the court could have imposed according to the nature of
 13 24 the violation.  While the order is in effect, the defendant
 13 25 shall not operate a motor vehicle which does not have an
 13 26 approved ignition interlock device installed.
 13 27    d.  If the defendant's motor vehicle license or nonresident
 13 28 operating privilege has been revoked, the department shall not
 13 29 issue a temporary permit or a motor vehicle license to the
 13 30 person without certification that approved ignition interlock
 13 31 devices have been installed in all motor vehicles owned or
 13 32 operated by the defendant while the order is in effect.
 13 33    e.  A defendant who fails within a reasonable time to
 13 34 comply with an order to install an approved ignition interlock
 13 35 device may be declared in contempt of court and punished
 14  1 accordingly.
 14  2    f.  A person who tampers with or circumvents an ignition
 14  3 interlock device installed under a court order while an order
 14  4 is in effect commits a serious misdemeanor.
 14  5    Sec. 11.  Section 321J.4B, Code 1997, is amended to read as
 14  6 follows:
 14  7    321J.4B  MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION –
 14  8 PENALTY – LIABILITY OF VEHICLE OWNER.
 14  9    1.  For purposes of this section:
 14 10    a.  "Immobilized" means the installation of a device in a
 14 11 motor vehicle that completely prevents a motor vehicle from
 14 12 being operated, or the installation of an ignition interlock
 14 13 device of a type approved by the commissioner of public
 14 14 safety.
 14 15    b.  "Impoundment" means the process of seizure and
 14 16 confinement within an enclosed area of a motor vehicle, for
 14 17 the purpose of restricting access to the vehicle.
 14 18    c.  "Owner" means the registered titleholder of a motor
 14 19 vehicle; except in the case where a rental or leasing agency
 14 20 is the registered titleholder, in which case the lessee of the
 14 21 vehicle shall be treated as the owner of the vehicle for
 14 22 purposes of this section.
 14 23    2.  A motor vehicle is subject to impoundment in the
 14 24 following circumstances:
 14 25    a.  If a person is convicted of a operates a vehicle in
 14 26 violation of section 321J.2, and if convicted for that
 14 27 conduct, the conviction would be a second, third, or
 14 28 subsequent offense of operating while intoxicated, the court
 14 29 shall order that any motor vehicles owned by the person and
 14 30 used to commit the offense and any other motor vehicle used
 14 31 under section 321J.2.
 14 32    b.  If a person operates a vehicle while that person's
 14 33 motor vehicle license or operating privilege has been
 14 34 suspended, denied, revoked, or barred due to a violation of
 14 35 section 321J.2.
 15  1    Upon conviction of a defendant for a violation of this
 15  2 subsection, the clerk of court shall send notice of the
 15  3 conviction to the impounding authority.
 15  4    3.  The motor vehicle operated by the person in the
 15  5 commission of the any offense included in subsection 2 may be
 15  6 immediately impounded or immobilized in accordance with this
 15  7 section.  For purposes of this section, "immobilized" means
 15  8 the installation of a device that completely prevents a motor
 15  9 vehicle from being operated, or the installation of an
 15 10 ignition interlock device, of a type approved by the
 15 11 commissioner of public safety, in a motor vehicle.
 15 12    a.  A person or agency taking possession of an impounded or
 15 13 immobilized motor vehicle shall do the following:
 15 14    (1)  Make an inventory of any property contained in the
 15 15 vehicle, according to the agency's inventory procedure.  The
 15 16 agency responsible for the motor vehicle shall also deliver a
 15 17 copy of the inventory to the county attorney.
 15 18    (2)  Contact all rental or leasing agencies registered as
 15 19 owners of the vehicle, as well as any parties registered as
 15 20 holders of a secured interest in the vehicle, in accordance
 15 21 with subsection 12.
 15 22    b.  The county attorney shall file a copy of the inventory
 15 23 with the district court as part of each file related to the
 15 24 criminal charges filed under this section.
 15 25    4.  An owner of a motor vehicle impounded or immobilized
 15 26 under this section, who knows of, should have known of, or
 15 27 gives consent to the operation of, the motor vehicle in
 15 28 violation of subsection 2, paragraph "b", shall be:
 15 29    a.  Guilty of a serious misdemeanor, and
 15 30    b.  Jointly and severally liable for any damages caused by
 15 31 the person who operated the motor vehicle, subject to the
 15 32 provisions of chapter 668.
 15 33    5.  a.  The following persons shall be entitled to
 15 34 immediate return of the motor vehicle without payment of costs
 15 35 associated with the impoundment or immobilization of the
 16  1 vehicle:
 16  2    (1)  The owner of the motor vehicle, if the person who
 16  3 operated the motor vehicle is not a co-owner of the motor
 16  4 vehicle.
 16  5    (2)  A motor vehicle rental or leasing agency that owns the
 16  6 vehicle.
 16  7    (3)  A person who owns the motor vehicle and who is charged
 16  8 but is not convicted of the violation of section 321.218,
 16  9 321.561, 321A.32, 321J.2, or 321J.21, which resulted in the
 16 10 impoundment or immobilization of the motor vehicle under this
 16 11 section.
 16 12    2. b.  The Upon conviction of the defendant for a violation
 16 13 of subsection 2, paragraph "a", the court may order continued
 16 14 impoundment, or the immobilization, of the motor vehicle used
 16 15 in the commission of the offense, if the convicted person is
 16 16 the owner of the motor vehicle, and shall specify all of the
 16 17 following in the order:
 16 18    a. (1)  The motor vehicles vehicle that are is subject to
 16 19 the order.
 16 20    b. (2)  The period of impoundment or immobilization.
 16 21    c. (3)  The person or agency responsible for carrying out
 16 22 the order requiring continued impoundment, or the
 16 23 immobilization, of the motor vehicle.
 16 24    c.  If a the vehicle which is to be impounded or
 16 25 immobilized subject to the order is in the custody of a law
 16 26 enforcement agency, the court shall designate that agency as
 16 27 the responsible agency.  If the vehicle is not in the custody
 16 28 of a law enforcement agency, the person or agency responsible
 16 29 for carrying out the order shall be any person deemed
 16 30 appropriate by the court, including but not limited to a law
 16 31 enforcement agency with jurisdiction over the area in which
 16 32 the residence of the vehicle owner is located.  The person or
 16 33 agency responsible for carrying out the order shall determine
 16 34 whether the motor vehicle shall be impounded or immobilized.
 16 35    3. d.  The period of impoundment or immobilization of a
 17  1 motor vehicle under this section shall be the period of
 17  2 license revocation imposed upon the person convicted of the
 17  3 offense or one hundred eighty days, whichever period is
 17  4 longer.  The impoundment or immobilization period shall
 17  5 commence on the day that the vehicle is actually first
 17  6 impounded or immobilized.
 17  7    4. e.  The clerk of the district court shall send a copy of
 17  8 the order to the department, the person convicted of the
 17  9 offense, the motor vehicle owner if the owner is not the
 17 10 person convicted, and the person or agency responsible for
 17 11 executing the order for impoundment or immobilization, and any
 17 12 holders of any security interests in the vehicle.
 17 13    5.  If the vehicle to be impounded or immobilized is in the
 17 14 custody of a law enforcement agency, the agency shall
 17 15 immobilize or impound the vehicle upon receipt of the order,
 17 16 seize the motor vehicle's license plates and registration, and
 17 17 shall send or deliver the vehicle's license plates and
 17 18 registration to the department.
 17 19    6. f.  If the vehicle to be impounded or immobilized
 17 20 subject to the court order is not in the custody of a law
 17 21 enforcement agency, the person or agency designated in the
 17 22 order as the person or agency responsible for executing the
 17 23 order shall, upon receipt of the order, promptly locate the
 17 24 vehicle specified in the order, seize the motor vehicle and
 17 25 the license plates, and send or deliver the vehicle's license
 17 26 plates to the department.
 17 27    7.  If the vehicle is located at a place other than the
 17 28 place at which the impoundment or immobilization court order
 17 29 is to be carried out, the person or agency responsible for
 17 30 executing the order shall arrange for the vehicle to be moved
 17 31 to the place of impoundment or immobilization.  When the
 17 32 vehicle is found, is impounded or immobilized, and is at the
 17 33 place of impoundment or immobilization, the person or agency
 17 34 responsible for executing the order shall notify the clerk of
 17 35 the date on which the order was executed.  The clerk shall
 18  1 notify the department of the date on which the order was
 18  2 executed.
 18  3    8. g.  Upon receipt of the a court order for impoundment or
 18  4 immobilization and seizure of the motor vehicle, if the agency
 18  5 responsible for carrying out the order determines that the
 18  6 motor vehicle is to be impounded for continued impoundment or
 18  7 immobilization of the motor vehicle, the agency shall review
 18  8 the value of the vehicle in relation to the costs associated
 18  9 with the period of impoundment of the motor vehicle specified
 18 10 in the order.  If the agency determines that the costs of
 18 11 impoundment of the motor vehicle exceed the actual wholesale
 18 12 value of the motor vehicle, the agency may treat the vehicle
 18 13 as an abandoned vehicle pursuant to section 321.89.  If the
 18 14 agency elects to treat the motor vehicle as abandoned, the
 18 15 agency shall notify the registered owner of the motor vehicle
 18 16 that the vehicle shall be deemed abandoned and shall be sold
 18 17 in the manner provided in section 321.89 if payment of the
 18 18 total cost of impoundment is not received within twenty-one
 18 19 days of the mailing of the notice.  The agency shall provide
 18 20 documentation regarding the valuation of the vehicle and the
 18 21 costs of impoundment.  This paragraph shall not apply to
 18 22 vehicles that are immobilized pursuant to this section or if
 18 23 subsection 15 or 16 12, paragraph "a" or "b", applies.
 18 24    6.  Upon conviction of the defendant for a violation of
 18 25 subsection 2, paragraph "b", the court shall order, if the
 18 26 convicted person is the owner of the motor vehicle used in the
 18 27 commission of the offense, that that motor vehicle be seized
 18 28 and forfeited to the state pursuant to chapters 809 and 809A.
 18 29    9. 7.  a.  Upon receipt of a notice of conviction of the
 18 30 defendant for a violation of subsection 2, the impounding
 18 31 authority shall seize the motor vehicle's license plates and
 18 32 registration, and shall send or deliver them to the
 18 33 department.
 18 34    b.  The department shall destroy license plates received
 18 35 under this section and shall not authorize the release of the
 19  1 vehicle or the issuance of new license plates for the vehicle
 19  2 until the period of impoundment or immobilization has expired,
 19  3 and the fee and costs assessed under subsection 10 have been
 19  4 paid.  The fee for issuance of new license plates and
 19  5 certificates of registration shall be the same as for the
 19  6 replacement of lost, mutilated, or destroyed license plates
 19  7 and certificates of registration.
 19  8    10. 8.  a.  Except where the person who is convicted of
 19  9 operating while intoxicated and being a second or subsequent
 19 10 offender is not lawfully in possession of the motor vehicle,
 19 11 the owner of any motor vehicle that is impounded or
 19 12 immobilized under this section shall be assessed Upon
 19 13 conviction for a violation of subsection 2, the court shall
 19 14 assess the defendant, in addition to any other penalty, a fee
 19 15 of one hundred dollars plus the cost of any expenses for
 19 16 towing, storage, and any other costs of impounding or
 19 17 immobilizing the motor vehicle, to be paid to the clerk of the
 19 18 district court.
 19 19    b.  The person or agency responsible for carrying out the
 19 20 order impoundment or immobilization under this section shall
 19 21 inform the court of the costs of towing, storage, and any
 19 22 other costs of impounding or immobilizing the motor vehicle.
 19 23 Upon payment of the fee and costs, the clerk shall forward a
 19 24 copy of the receipt to the department.
 19 25    11. c.  If a law enforcement agency impounds or immobilizes
 19 26 a motor vehicle, the amount of the fee and expenses deposited
 19 27 with the clerk shall be paid by the clerk to the law
 19 28 enforcement agency responsible for executing the order to
 19 29 reimburse the agency for costs incurred for impoundment or
 19 30 immobilization equipment and, if required, in sending officers
 19 31 to search for and locate the vehicle specified in the
 19 32 impoundment or immobilization order.
 19 33    12. 9. Operating a motor vehicle on a street or highway in
 19 34 this state in violation of an order of impoundment or
 19 35 immobilization is a serious misdemeanor.  A motor vehicle
 20  1 which is subject to an order of impoundment or immobilization
 20  2 that is operated on a street or highway in this state in
 20  3 violation of the order shall be seized and forfeited to the
 20  4 state under chapters 809 and 809A.
 20  5    13. 10.  Once the period of impoundment or immobilization
 20  6 has expired, the owner of the motor vehicle shall have thirty
 20  7 days to claim the motor vehicle and pay the all fees and
 20  8 charges imposed under this section.  If the owner or the
 20  9 owner's designee has not claimed the vehicle and paid the all
 20 10 fees and charges imposed under this section within seven days
 20 11 from the date of expiration of the period, the clerk shall
 20 12 send written notification to the motor vehicle owner, at the
 20 13 owner's last known address, notifying the owner of the date of
 20 14 expiration of the period of impoundment or immobilization and
 20 15 of the period in which the motor vehicle must be claimed.  If
 20 16 the motor vehicle owner fails to claim the motor vehicle and
 20 17 pay the all fees and charges imposed within the thirty-day
 20 18 period, the motor vehicle shall be forfeited to the state
 20 19 under chapters 809 and 809A.
 20 20    14. 11.  a.  (1)  During the period of impoundment or
 20 21 immobilization, a person convicted of the offense of operating
 20 22 while intoxicated which resulted in the impoundment or
 20 23 immobilization the owner of an impounded or immobilized
 20 24 vehicle shall not sell or transfer the title of the motor
 20 25 vehicle which is subject to the order of impoundment or
 20 26 immobilization.  The
 20 27    (2)  A person convicted of the offense of operating while
 20 28 intoxicated an offense under subsection 2, shall also not
 20 29 purchase another motor vehicle or register any motor vehicle
 20 30 during the period of impoundment, or immobilization, or
 20 31 license revocation.
 20 32    PARAGRAPH DIVIDED.  Violation of this paragraph "a" is a
 20 33 serious misdemeanor.
 20 34    b.  If, during the period of impoundment or immobilization,
 20 35 the title to the motor vehicle which is the subject of the
 21  1 order is transferred by the foreclosure of a chattel mortgage,
 21  2 a sale upon execution, the cancellation of a conditional sales
 21  3 contract, or an order of a court, the court which enters the
 21  4 order that permits transfer of the title shall notify the
 21  5 department of the transfer of the title.  The department shall
 21  6 enter notice of the transfer of the title to the motor vehicle
 21  7 in the previous owner's vehicle registration record.
 21  8    15. 12.  Notwithstanding the other requirements of this
 21  9 section, if the owner of the motor vehicle is not the person
 21 10 who is convicted of the offense which resulted in the issuance
 21 11 of the order of impoundment or immobilization or the owner of
 21 12 the motor vehicle is a motor vehicle rental or leasing
 21 13 company, the owner, the owner's designee, or the rental or
 21 14 leasing company shall be permitted to submit a claim for
 21 15 return of the motor vehicle within twenty-four hours from
 21 16 receipt of the order for impoundment or immobilization.:
 21 17    a.  Upon learning the address or phone number of a rental
 21 18 or leasing company which owns a motor vehicle impounded or
 21 19 immobilized under this section, the peace officer, county
 21 20 attorney, or attorney general shall immediately contact the
 21 21 company to inform the company that the vehicle is available
 21 22 for return to the company.  The vehicle shall be returned to
 21 23 the owner, owner's designee, or rental or leasing company and
 21 24 the order for impoundment or immobilization shall be rescinded
 21 25 with respect to the particular motor vehicle, if the owner or
 21 26 owner's designee can prove to the satisfaction of the court
 21 27 that the owner did not know or should not have known that the
 21 28 vehicle was to be used in the commission of the offense of
 21 29 operating while intoxicated, or if the rental or leasing
 21 30 company did not know, should not have known, and did not
 21 31 consent to the operation of the motor vehicle used in the
 21 32 commission of the offense of operating while intoxicated.  For
 21 33 purposes of this section, unless the person convicted of the
 21 34 offense which results in the imposition of the order for
 21 35 impoundment or immobilization is not in lawful possession of
 22  1 the motor vehicle used in the commission of the offense, an
 22  2 owner of a motor vehicle shall be presumed to know that the
 22  3 vehicle was to be used by the person who is convicted of the
 22  4 offense, in the commission of the offense of operating while
 22  5 intoxicated.
 22  6    16. b.  Notwithstanding the requirements of this section,
 22  7 the The holder of a security interest in a vehicle which is
 22  8 impounded or immobilized pursuant to this section or forfeited
 22  9 in the manner provided in chapters 809 and 809A shall be
 22 10 notified of the impoundment, immobilization, or forfeiture
 22 11 within seventy-two hours of the seizure of the vehicle and
 22 12 shall have the right to claim the motor vehicle without
 22 13 payment of any fees or surcharges unless the value of the
 22 14 vehicle exceeds the value of the security interest held by the
 22 15 creditor.
 22 16    17. c.  Notwithstanding the requirements of this section,
 22 17 any Any of the following persons may make application to the
 22 18 court for permission to operate a motor vehicle, which is
 22 19 impounded or immobilized pursuant to this section, during the
 22 20 period of impoundment or immobilization, if the applicant's
 22 21 motor vehicle license or operating privilege has not been
 22 22 suspended, denied, or revoked, or barred, and an ignition
 22 23 interlock device of a type approved by the commissioner of
 22 24 public safety is installed in the motor vehicle prior to
 22 25 operation:
 22 26    a. (1)  A person, other than the person who committed the
 22 27 offense which resulted in the impoundment or immobilization,
 22 28 who is not a member of the immediate family of the person who
 22 29 committed the offense but is a joint owner of the motor
 22 30 vehicle.
 22 31    b. (2)  A member of the immediate family of the person who
 22 32 committed the offense which resulted in the impoundment or
 22 33 immobilization, if the member demonstrates that the motor
 22 34 vehicle that is subject to the order for impoundment or
 22 35 immobilization is the only motor vehicle possessed by the
 23  1 family.
 23  2    For purposes of this section, "a member of the immediate
 23  3 family" means a spouse, child, or parent of the person who
 23  4 committed the offense.
 23  5    18. 13.  The impoundment, immobilization, or forfeiture of
 23  6 a motor vehicle under this chapter does not constitute loss of
 23  7 use of a motor vehicle for purposes of any contract of
 23  8 insurance.
 23  9    Sec. 12.  Section 321J.6, subsection 1, paragraphs d, f,
 23 10 and g, Code 1997, are amended to read as follows:
 23 11    d.  The preliminary breath screening test was administered
 23 12 and it indicated an alcohol concentration as defined in equal
 23 13 to or in excess of the level prohibited by section 321J.1 of
 23 14 .10 or more 321J.2.
 23 15    f.  The preliminary breath screening test was administered
 23 16 and it indicated an alcohol concentration of less than 0.10
 23 17 the level prohibited by section 321J.2, and the peace officer
 23 18 has reasonable grounds to believe that the person was under
 23 19 the influence of a controlled substance, a drug other than
 23 20 alcohol, or a combination of alcohol and another drug.
 23 21    g.  The preliminary breath screening test was administered
 23 22 and it indicated an alcohol concentration of .02 or more but
 23 23 less than .10 prohibited by section 321J.2A, and the person is
 23 24 under the age of twenty-one.
 23 25    Sec. 13.  Section 321J.7, Code 1997, is amended to read as
 23 26 follows:
 23 27    321J.7  DEAD OR UNCONSCIOUS PERSONS.
 23 28    A person who is dead, unconscious, or otherwise in a
 23 29 condition rendering the person incapable of consent or refusal
 23 30 is deemed not to have withdrawn the consent provided by
 23 31 section 321J.6, and the test may be given if a licensed
 23 32 physician certifies in advance of the test that the person is
 23 33 dead, unconscious, or otherwise in a condition rendering that
 23 34 person incapable of consent or refusal.  If the certification
 23 35 is oral, written certification shall be completed by the
 24  1 physician within one hour of the test.
 24  2    Sec. 14.  Section 321J.8, subsection 2, Code 1997, is
 24  3 amended to read as follows:
 24  4    2.  If the person submits to the test and the results
 24  5 indicate an alcohol concentration as defined in section 321J.1
 24  6 of .10 or more, or the person is under the age of twenty-one
 24  7 and the results indicate an alcohol concentration of .02 or
 24  8 more, but less than .10 a violation of section 321J.2 or
 24  9 321J.2A, the person's motor vehicle license or nonresident
 24 10 operating privilege will be revoked by the department as
 24 11 required by and for the applicable period specified under
 24 12 section 321J.12.
 24 13    Sec. 15.  Section 321J.9, subsections 1 and 2, Code 1997,
 24 14 are amended to read as follows:
 24 15    1.  If a person refuses to submit to the chemical testing,
 24 16 a test shall not be given, but the department, upon the
 24 17 receipt of the peace officer's certification, subject to
 24 18 penalty for perjury, that the officer had reasonable grounds
 24 19 to believe the person to have been operating a motor vehicle
 24 20 in violation of section 321J.2 or 321J.2A, that specified
 24 21 conditions existed for chemical testing pursuant to section
 24 22 321J.6, and that the person refused to submit to the chemical
 24 23 testing, shall revoke the person's motor vehicle license and
 24 24 any nonresident operating privilege for the following periods
 24 25 of time:
 24 26    a.  Two hundred forty days One year if the person has no
 24 27 previous revocation within the previous six years under this
 24 28 chapter; and
 24 29    b.  Five hundred forty days Two years if the person has one
 24 30 or more previous revocations within the previous six years
 24 31 under this chapter.
 24 32    2.  A person whose motor vehicle license or nonresident
 24 33 operating privileges are revoked for two hundred forty days
 24 34 under subsection 1, paragraph "a", shall not be eligible for a
 24 35 temporary restricted license for at least ninety days after
 25  1 the effective date of the revocation.  A person whose motor
 25  2 vehicle license or nonresident operating privileges are
 25  3 revoked for five hundred forty days under subsection 1,
 25  4 paragraph "b", shall not be eligible for a temporary
 25  5 restricted license for at least one year after the effective
 25  6 date of the revocation.
 25  7    Sec. 16.  Section 321J.10, subsection 4, Code 1997, is
 25  8 amended to read as follows:
 25  9    4.  a.  Search warrants issued under this section shall
 25 10 authorize and direct peace officers to secure the withdrawal
 25 11 of blood specimens by medical personnel under section 321J.11.
 25 12 Reasonable care shall be exercised to ensure the health and
 25 13 safety of the persons from whom specimens are withdrawn in
 25 14 execution of the warrants.
 25 15    b.  If a person from whom a specimen is to be withdrawn
 25 16 objects to the withdrawal of blood, and the warrant may be
 25 17 executed according to the following:
 25 18    (1)  If the person is capable of giving a specimen of
 25 19 breath, and a direct breath testing instrument is readily
 25 20 available, the warrant may be executed by the withdrawal of a
 25 21 specimen of breath for chemical testing.
 25 22    (2)  If the testimony in support of the warrant sets forth
 25 23 facts and information that the peace officer has reasonable
 25 24 grounds to believe that the person was driving after having
 25 25 consumed or used a controlled substance, or while under the
 25 26 influence of a drug other than alcohol, or a combination of
 25 27 alcohol and another drug, a urine test may be executed, if the
 25 28 person is capable of giving a urine sample and materials for
 25 29 testing the urine sample are readily available.
 25 30    Sec. 17.  Section 321J.12, Code 1997, is amended to read as
 25 31 follows:
 25 32    321J.12  TEST RESULT REVOCATION.
 25 33    1.  Upon certification, subject to penalty for perjury, by
 25 34 the peace officer that there existed reasonable grounds to
 25 35 believe that the person had been operating a motor vehicle in
 26  1 violation of section 321J.2, that there existed one or more of
 26  2 the necessary conditions for chemical testing described in
 26  3 section 321J.6, subsection 1, and that the person submitted to
 26  4 chemical testing and the test results indicated an alcohol
 26  5 concentration as defined in section 321J.1 of .10 or more, a
 26  6 violation of section 321J.2, the department shall revoke the
 26  7 person's motor vehicle license or nonresident operating
 26  8 privilege for the following periods of time:
 26  9    a.  One hundred eighty days if the person has had no
 26 10 revocation within the previous six years under this chapter.
 26 11    b.  One year if the person has had one or more previous
 26 12 revocations within the previous six years under this chapter.
 26 13    2.  A person whose motor vehicle license or nonresident
 26 14 operating privileges have been revoked under subsection 1,
 26 15 paragraph "a", shall not be eligible for any temporary
 26 16 restricted license for at least thirty days after the
 26 17 effective date of the revocation.  A person whose license or
 26 18 privileges have been revoked under subsection 1, paragraph
 26 19 "b", for one year shall not be eligible for any temporary
 26 20 restricted license for one year after the effective date of
 26 21 the revocation.
 26 22    3.  The effective date of the revocation shall be ten days
 26 23 after the department has mailed notice of revocation to the
 26 24 person by certified mail.  The peace officer who requested or
 26 25 directed the administration of the chemical test may, on
 26 26 behalf of the department, serve immediate notice of revocation
 26 27 on a person whose test results indicated an alcohol
 26 28 concentration of .10 or more a violation of section 321J.2.
 26 29    4.  If the peace officer serves that immediate notice, the
 26 30 peace officer shall take the person's Iowa license or permit,
 26 31 if any, and issue a temporary license valid only for ten days.
 26 32 The peace officer shall immediately send the person's driver's
 26 33 license to the department along with the officer's certificate
 26 34 indicating that the test results indicated an alcohol
 26 35 concentration of .10 or more a violation of section 321J.2.
 27  1    5.  Upon certification, subject to penalty of perjury, by
 27  2 the peace officer that there existed reasonable grounds to
 27  3 believe that the person had been operating a motor vehicle in
 27  4 violation of section 321J.2A, that there existed one or more
 27  5 of the necessary conditions for chemical testing described in
 27  6 section 321J.6, subsection 1, and that the person submitted to
 27  7 chemical testing and the test results indicated an alcohol
 27  8 concentration as defined in section 321J.1 of .02 or more but
 27  9 less than .10 in violation of section 321J.2A, the department
 27 10 shall revoke the person's motor vehicle license or operating
 27 11 privilege for a period of sixty days if the person has had no
 27 12 revocations within the previous six years under section
 27 13 321J.2A this chapter, and for a period of ninety days if the
 27 14 person has had one or more previous revocations within the
 27 15 previous six years under section 321J.2A this chapter.
 27 16    6.  The results of a chemical test may not be used as the
 27 17 basis for a revocation of a person's motor vehicle license or
 27 18 nonresident operating privilege if the alcohol or drug
 27 19 concentration indicated by the chemical test minus the
 27 20 established margin of error inherent in the device or method
 27 21 used to conduct the chemical test does is not equal an alcohol
 27 22 concentration of .10 or more for violations under to or in
 27 23 excess of the level prohibited by section 321J.2 or of .02 or
 27 24 more for violations of section 321J.2A.
 27 25    Sec. 18.  Section 321J.13, subsection 2, Code 1997, is
 27 26 amended to read as follows:
 27 27    2.  The department shall grant the person an opportunity to
 27 28 be heard within forty-five days of receipt of a request for a
 27 29 hearing if the request is made not later than ten days after
 27 30 receipt of notice of revocation served pursuant to section
 27 31 321J.9 or 321J.12.  The hearing shall be before the department
 27 32 in the county where the alleged events occurred, unless the
 27 33 director and the person agree that the hearing may be held in
 27 34 some other county, or the hearing may be held by telephone
 27 35 conference at the discretion of the agency conducting the
 28  1 hearing.  The hearing may be recorded and its scope shall be
 28  2 limited to the issues of whether a peace officer had
 28  3 reasonable grounds to believe that the person was operating a
 28  4 motor vehicle in violation of section 321J.2 or section
 28  5 321J.2A and either one or more of the following:
 28  6    a.  Whether the person refused to submit to the test or
 28  7 tests.
 28  8    b.  Whether a test was administered and the test results
 28  9 indicated an alcohol concentration as defined in equal to or
 28 10 in excess of the level prohibited under section 321J.1 of .10
 28 11 or more or whether a test was administered and the test
 28 12 results indicated an alcohol concentration as defined in
 28 13 section 321J.1 of .02 or more pursuant to section 321J.2 or
 28 14 321J.2A.
 28 15    c.  Whether a test was administered and the test results
 28 16 indicated the presence of alcohol, another drug, or a
 28 17 combination of both, in violation of section 321J.2.
 28 18    d.  Whether a test was administered and the test results
 28 19 indicated the presence of a controlled substance in violation
 28 20 of section 321J.2.
 28 21    Sec. 19.  Section 321J.13, subsection 4, Code 1997, is
 28 22 amended by striking the subsection.
 28 23    Sec. 20.  Section 321J.17, Code 1997, is amended to read as
 28 24 follows:
 28 25    321J.17  CIVIL PENALTY – DISPOSITION – LICENSE
 28 26 REINSTATEMENT.
 28 27    1.  When If the department revokes a person's motor vehicle
 28 28 license or nonresident operating privilege under this chapter,
 28 29 the department shall assess the person a civil penalty of two
 28 30 hundred dollars.  The money collected by the department under
 28 31 this section shall be transmitted to the treasurer of state
 28 32 who shall deposit one-half of the money in the separate fund
 28 33 established in section 912.14 and one-half of the money shall
 28 34 be deposited in the general fund of the state.  A motor
 28 35 vehicle license or nonresident operating privilege shall not
 29  1 be reinstated until the civil penalty has been paid.
 29  2    2.  If the department or a court orders the revocation of a
 29  3 person's motor vehicle license or nonresident operating
 29  4 privilege under this chapter, the department or court shall
 29  5 also order the person, at the person's own expense, to do the
 29  6 following:
 29  7    a.  Enroll, attend, and satisfactorily complete a course
 29  8 for drinking drivers, as provided in section 321J.22.
 29  9    b.  Submit to evaluation and treatment or rehabilitation
 29 10 services as provided in chapter 125.
 29 11    A motor vehicle license or nonresident operating privilege
 29 12 shall not be reinstated until proof of completion of the
 29 13 requirements of this subsection is presented to the
 29 14 department.
 29 15    Sec. 21.  Section 321J.20, subsection 1, unnumbered
 29 16 paragraph 1, Code 1997, is amended to read as follows:
 29 17    The department may, on application, issue a temporary
 29 18 restricted license to a person whose motor vehicle license is
 29 19 revoked under this chapter allowing the person to drive to and
 29 20 from the person's home and specified places at specified times
 29 21 which can be verified by the department and which are required
 29 22 by the person's full-time or part-time employment, continuing
 29 23 health care or the continuing health care of another who is
 29 24 dependent upon the person, continuing education while enrolled
 29 25 in an educational institution on a part-time or full-time
 29 26 basis and while pursuing a course of study leading to a
 29 27 diploma, degree, or other certification of successful
 29 28 educational completion, substance abuse treatment, and court-
 29 29 ordered community service responsibilities if the person's
 29 30 motor vehicle license has not been revoked previously under
 29 31 section 321J.4, 321J.9, or 321J.12 within the previous six
 29 32 years and if any of the following apply:
 29 33    Sec. 22.  Section 321J.20, subsection 1, paragraph a, Code
 29 34 1997, is amended to read as follows:
 29 35    a.  The person's motor vehicle license is revoked under
 30  1 section 321J.4, subsection 1, 2, 4, or 6, and the minimum
 30  2 period of ineligibility for issuance of a temporary restricted
 30  3 license has expired.  This subsection shall not apply to a
 30  4 revocation ordered under section 321J.4 resulting from a plea
 30  5 or verdict of guilty of a violation of section 321J.2 that
 30  6 involved a death.
 30  7    Sec. 23.  Section 321J.21, Code 1997, is amended to read as
 30  8 follows:
 30  9    321J.21  DRIVING WHILE LICENSE SUSPENDED, DENIED, OR
 30 10 REVOKED, OR BARRED.
 30 11    A person whose motor vehicle license or nonresident
 30 12 operating privilege has been suspended, denied, or revoked as
 30 13 provided in, or barred due to a violation of this chapter and
 30 14 who drives a motor vehicle upon the highways of this state
 30 15 while the license or privilege is suspended, denied, or
 30 16 revoked, or barred commits a serious misdemeanor.  The
 30 17 department, upon receiving the record of the conviction of a
 30 18 person under this section upon a charge of driving a motor
 30 19 vehicle while the license of the person was revoked or
 30 20 suspended, denied, revoked, or barred shall extend the period
 30 21 of revocation or suspension, denial, revocation, or bar for an
 30 22 additional like period, and the department shall not issue a
 30 23 new license during the additional period.
 30 24    Sec. 24.  Section 321J.22, Code 1997, is amended to read as
 30 25 follows:
 30 26    321J.22  COURT-ORDERED DRINKING DRINKING DRIVERS COURSE.
 30 27    1.  As used in this section, unless the context otherwise
 30 28 requires:
 30 29    a.  "Course for drinking drivers" means an approved course
 30 30 designed to inform the offender about drinking and driving and
 30 31 encourage the offender to assess the offender's own drinking
 30 32 and driving behavior in order to select practical
 30 33 alternatives.
 30 34    b.  "Satisfactory completion of a course" means receiving
 30 35 at the completion of a course a grade from the course
 31  1 instructor of "C" or "2.0," or better.
 31  2    2.  After a conviction for, or a plea of guilty of, a
 31  3 violation of section 321J.2, the court in addition to its
 31  4 power to commit the defendant for treatment of alcoholism
 31  5 under section 321J.3, may order the defendant, at the
 31  6 defendant's own expense, to enroll in, attend, and
 31  7 successfully complete a course for drinking drivers.  The
 31  8 court may alternatively or additionally require the defendant
 31  9 to seek evaluation, treatment or rehabilitation services under
 31 10 section 125.33 at the defendant's expense and to furnish
 31 11 evidence of successful completion.  A copy of the order shall
 31 12 be forwarded to the department.
 31 13    3. 2.  The course provided in according to this section
 31 14 shall be offered on a regular basis at each community college
 31 15 as defined in section 260C.2.  Enrollment in the courses is
 31 16 not limited to persons ordered to enroll, attend, and
 31 17 successfully complete the course required under section
 31 18 321J.17, subsection 2, and any person convicted of a violation
 31 19 of section 321J.2 who was not ordered to enroll in a course
 31 20 may enroll in and attend a course for drinking drivers.  The
 31 21 course required by this section shall be taught by the
 31 22 community colleges under the department of education and
 31 23 approved by the department.  The department of education shall
 31 24 establish reasonable fees to defray the expense of obtaining
 31 25 classroom space, instructor salaries, and class materials.  A
 31 26 person shall not be denied enrollment in a course by reason of
 31 27 the person's indigency.
 31 28    4. 3.  An employer shall not discharge a person from
 31 29 employment solely for the reason of work absence to attend a
 31 30 course required by this section.  Any employer who violates
 31 31 this section is liable for damages which include but are not
 31 32 limited to actual damages, court costs, and reasonable
 31 33 attorney fees.  The person may also petition the court for
 31 34 imposition of a cease and desist order against the person's
 31 35 employer and for reinstatement to the person's previous
 32  1 position of employment.
 32  2    5. 4.  The department of education shall prepare a list of
 32  3 the locations of the courses taught under this section, the
 32  4 dates and times taught, the procedure for enrollment, and the
 32  5 schedule of course fees.  The list shall be kept current and a
 32  6 copy of the list shall be sent to each court having
 32  7 jurisdiction over offenses provided in this chapter.
 32  8    6. 5.  The department of education shall maintain
 32  9 enrollment, attendance, successful and nonsuccessful
 32 10 completion data on the persons ordered to enroll, attend, and
 32 11 successfully complete a course for drinking drivers.  This
 32 12 data shall be forwarded to the court.
 32 13    Sec. 25.  Section 321J.24, subsection 2, Code 1997, is
 32 14 amended to read as follows:
 32 15    2.  A reality education substance abuse prevention program
 32 16 is established in those judicial districts where the chief
 32 17 judge of the judicial district authorizes participation in the
 32 18 program.  Upon a conviction or adjudication for a violation of
 32 19 section 321J.2, or the entry of a deferred judgment concerning
 32 20 a violation of section 321J.2, the court or juvenile court,
 32 21 with the consent of the defendant or delinquent child, may
 32 22 order a defendant who is sixteen years of age or older but
 32 23 under the age of twenty-one or delinquent child who is sixteen
 32 24 years of age or older to participate in the reality education
 32 25 substance abuse prevention program as a term and condition of
 32 26 probation or disposition in addition to any other term or
 32 27 condition of probation or disposition required or authorized
 32 28 by law.  The court or juvenile court shall require the
 32 29 defendant or delinquent child to abstain from consuming any
 32 30 controlled substance, alcoholic liquor, wine, or beer before
 32 31 reaching age twenty-one while participating in the program.
 32 32    Sec. 26.  Section 462A.26, subsection 3, paragraph a,
 32 33 subparagraph (2), Code 1997, is amended to read as follows:
 32 34    (2)  Motorboats or personal watercraft shall maintain a
 32 35 minimum passing or meeting distance of fifty one hundred feet
 33  1 when both boats vessels are traveling at speeds greater than
 33  2 five miles per hour.
 33  3    Sec. 27.  Section 462A.14, Code 1997, is amended by
 33  4 striking the section and inserting in lieu thereof the
 33  5 following:
 33  6    462A.14  DEFINITIONS – OPERATING WHILE INTOXICATED.
 33  7    As used in this section and sections 462A.14A and 462A.14B:
 33  8    1.  "Alcohol beverage" includes alcohol, wine, spirits,
 33  9 beer, or any other beverage which contains ethyl alcohol and
 33 10 is fit for human consumption.
 33 11    2.  "Alcohol concentration" means the number of grams of
 33 12 alcohol per any of the following:
 33 13    a.  One hundred milliliters of blood.
 33 14    b.  Two hundred ten liters of breath.
 33 15    c.  Sixty-seven milliliters of urine.
 33 16    3.  "Chemical test" means an analysis of a person's blood,
 33 17 breath, urine, or other bodily substance for the determination
 33 18 of the presence of alcohol, a controlled substance, or a drug.
 33 19    4.  "Controlled substance" means controlled substance as
 33 20 defined in section 321J.1, subsection 4.
 33 21    5.  "Motorboat" means any watercraft, as defined in section
 33 22 462A.2, that is propelled by an engine.
 33 23    6.  "Peace officer" means peace officer as defined in
 33 24 section 801.4.
 33 25    7.  "Prima facie evidence of intoxication" includes
 33 26 evidence that, at the time of an alleged violation, a person
 33 27 had an alcohol concentration equal to or in excess of the
 33 28 level specified in section 321J.2, subsection 1, paragraph
 33 29 "b".
 33 30    8.  "Relevant evidence of intoxication" includes evidence
 33 31 that, at the time of the alleged violation, a person had an
 33 32 alcohol concentration of at least one-half but not more than
 33 33 the level specified in section 321J.2, subsection 1, paragraph
 33 34 "b".
 33 35    9.  "Sailboat" means a watercraft, as defined in section
 34  1 462A.2, that is propelled by wind through use of one or more
 34  2 sails.
 34  3    Sec. 28.  NEW SECTION.  462A.14A  OPERATING A MOTORBOAT OR
 34  4 SAILBOAT WHILE INTOXICATED.
 34  5    1.  A person commits the offense of operating a motorboat
 34  6 or sailboat while intoxicated if the person operates a
 34  7 motorboat or sailboat in either of the following conditions:
 34  8    a.  While under the influence of an alcoholic beverage or
 34  9 other drug or a combination of the substances.
 34 10    b.  While having an alcohol concentration equal to or in
 34 11 excess of that prohibited by section 321J.2, subsection 1,
 34 12 paragraph "b".
 34 13    c.  While any amount of a controlled substance is present
 34 14 in the person, as measured in the person's blood or urine.
 34 15    2.  A person who violates subsection 1 commits:
 34 16    a.  A serious misdemeanor for the first offense, and shall
 34 17 be imprisoned in the county jail for not less than forty-eight
 34 18 hours to be served as ordered by the court, less credit for
 34 19 any time the person was confined in a jail or detention
 34 20 facility following arrest, and assessed a fine of not less
 34 21 than five hundred dollars.  As an alternative to a portion or
 34 22 all of the fine, the court may order the person to perform not
 34 23 more than two hundred hours of unpaid community service.
 34 24    b.  An aggravated misdemeanor for a second offense, and
 34 25 shall be imprisoned in the county jail or a community-based
 34 26 correctional facility for not less than seven days and
 34 27 assessed a fine of not less than seven hundred fifty dollars.
 34 28    c.  A class "D" felony and shall be imprisoned in the
 34 29 county jail for a determinate sentence of not more than one
 34 30 year but not less than thirty days, or committed to the
 34 31 custody of the director of the department of corrections, and
 34 32 assessed a fine of not less than seven hundred fifty dollars
 34 33 in either of the following cases:
 34 34    (1)  If the person has twice been previously convicted of a
 34 35 violation of this section.
 35  1    (2)  If the offense results in serious bodily injury to
 35  2 another person and the court determines that the person who
 35  3 committed the offense caused the serious bodily injury.
 35  4    d.  A class "C" felony if the offense results in the death
 35  5 of another person and the court determines that the person who
 35  6 committed the offense caused the death.
 35  7    3.  A person who operates a motorboat or sailboat after the
 35  8 person has been ordered, pursuant to this section, not to
 35  9 operate a motorboat or sailboat commits a simple misdemeanor.
 35 10    4.  a.  In addition to a criminal penalty imposed for a
 35 11 misdemeanor under subsection 2, the court shall order the
 35 12 person not to operate a motorboat or sailboat for a period of
 35 13 time not to exceed one year.
 35 14    b.  In addition to a criminal penalty imposed for a felony
 35 15 under subsection 2, the court shall order the person not to
 35 16 operate a motorboat or sailboat for a period of time not to
 35 17 exceed two years.
 35 18    c.  Notwithstanding the provisions of sections 901.5 and
 35 19 907.3, the court shall not defer judgment or sentencing, or
 35 20 suspend execution of any part of the minimum sentence
 35 21 applicable to the defendant under subsection 2.
 35 22    d.  All persons convicted of an offense under subsection 2
 35 23 shall be ordered to undergo, at the person's expense, a
 35 24 substance abuse evaluation pursuant to chapter 125 prior to
 35 25 sentencing.
 35 26    5.  a.  A person who operates a motorboat or sailboat in
 35 27 waters over which this state has jurisdiction impliedly
 35 28 consents to submit to the chemical test provisions of this
 35 29 section as a condition of operating a motorboat or sailboat in
 35 30 this state.  If a person refuses to submit to a chemical test
 35 31 under this section, the court shall order the person not to
 35 32 operate a motorboat or sailboat for a period of time not to
 35 33 exceed one year.
 35 34    b.  A peace officer who has probable cause to believe that
 35 35 a person has committed an offense under this section shall
 36  1 offer the person the opportunity to submit to a chemical test.
 36  2 However, it is not necessary for the peace officer to offer a
 36  3 chemical test to an unconscious person.  A peace officer may
 36  4 offer a person more than one chemical test under this section.
 36  5 However, all tests must be administered within two hours after
 36  6 the officer had probable cause to believe the person violated
 36  7 this section.  A person must submit to each chemical test
 36  8 offered by a peace officer in order to comply with the implied
 36  9 consent provisions of this section.
 36 10    c.  If the chemical test results in relevant evidence that
 36 11 the person is intoxicated, the person may be arrested for an
 36 12 offense under this section.  If the chemical test results in
 36 13 prima facie evidence that the person is intoxicated, the
 36 14 person shall be arrested for an offense under this section.
 36 15    d.  A person who refuses to submit to a chemical test may
 36 16 be arrested for an offense under this section.
 36 17    e.  At any proceeding under this section, a person's
 36 18 refusal to submit to a chemical test is admissible into
 36 19 evidence.
 36 20    f.  If a person refuses to submit to a chemical test under
 36 21 this section, the peace officer shall inform the person that
 36 22 the person's refusal will result in the suspension of the
 36 23 person's motorboat or sailboat operating privileges.
 36 24    6.  At any proceeding concerning an offense under this
 36 25 section, evidence of the amount of alcohol or other drug that
 36 26 was in the blood of the person charged with the offense at the
 36 27 time of the alleged violation, as shown by an analysis of the
 36 28 person's blood, breath, urine, or other bodily substance, is
 36 29 admissible.
 36 30    7.  The clerk of the district court shall immediately
 36 31 certify to the commission a true copy of each order entered
 36 32 with respect to judgment and sentence for a defendant under
 36 33 this section.
 36 34    Sec. 29.  NEW SECTION.  462A.14B  PRELIMINARY SCREENING
 36 35 TEST.
 37  1    When a peace officer has reasonable grounds to believe that
 37  2 a motorboat or sailboat operator may be violating or has
 37  3 violated section 462A.14A, or the operator has been involved
 37  4 in a motorboat or sailboat collision resulting in injury or
 37  5 death, the peace officer may request the operator to provide a
 37  6 sample of the operator's breath for a preliminary screening
 37  7 test using a device approved by the commissioner of public
 37  8 safety for that purpose.  The results of this preliminary
 37  9 screening test may be used for the purpose of deciding whether
 37 10 an arrest should be made and whether to request a chemical
 37 11 test authorized in section 462A.14A, but shall not be used in
 37 12 any court action except to prove that a chemical test was
 37 13 properly requested of a person pursuant to this section and
 37 14 section 462A.14A.
 37 15    Sec. 30.  NEW SECTION.  462A.14C  ARREST AND CONVICTION
 37 16 STATISTICS.
 37 17    The department shall collect and maintain records on the
 37 18 arrests and convictions for violations of section 462A.14A,
 37 19 and shall compile yearly statistics.
 37 20    Sec. 31.  Section 462A.23, subsection 2, paragraph b, Code
 37 21 1997, is amended by striking the paragraph and inserting in
 37 22 lieu thereof the following:
 37 23    b.  Operating a motorboat or sailboat while intoxicated, or
 37 24 manipulating water skis, a surfboard, or a similar device
 37 25 while in an intoxicated condition or under the influence of a
 37 26 narcotic drug.
 37 27    Sec. 32.  Section 707.6A, Code 1997, is amended to read as
 37 28 follows:
 37 29    707.6A  HOMICIDE OR SERIOUS INJURY BY VEHICLE.
 37 30    1.  A person commits a class "C" "B" felony when the person
 37 31 unintentionally causes the death of another by any of the
 37 32 following means:
 37 33    a.  Operating operating a motor vehicle while under the
 37 34 influence of alcohol or other drug or a combination of such
 37 35 substances or while having an alcohol concentration
 38  1 intoxicated, as defined in prohibited by section 321J.1,
 38  2 subsection 1, of .10 or more 321J.2.  Upon a plea or verdict
 38  3 of guilty of a violation of this paragraph subsection, the
 38  4 court shall order do the following:
 38  5    a.  Order the state department of transportation to revoke
 38  6 the defendant's motor vehicle license or nonresident operating
 38  7 privileges for a period of six years.  The defendant shall
 38  8 surrender to the court any Iowa license or permit and the
 38  9 court shall forward it the license or permit to the department
 38 10 with a copy of the revocation order.  The defendant shall not
 38 11 be eligible for a temporary restricted license during the
 38 12 revocation period.
 38 13    b.  Order the defendant, at the defendant's expense, to do
 38 14 the following:
 38 15    (1)  Enroll, attend, and satisfactorily complete a course
 38 16 for drinking drivers, as provided in section 321J.22.
 38 17    (2)  Submit to evaluation and treatment or rehabilitation
 38 18 services as provided in chapter 125.
 38 19    c.  A motor vehicle license or nonresident operating
 38 20 privilege shall not be reinstated until proof of completion of
 38 21 the requirements of paragraph "b" is presented to the
 38 22 department.
 38 23    2.  A person commits a class "C" felony when the person
 38 24 unintentionally causes the death of another by any of the
 38 25 following means:
 38 26    b. a.  Driving a motor vehicle in a reckless manner with
 38 27 willful or wanton disregard for the safety of persons or
 38 28 property, in violation of section 321.277.
 38 29    c. b.  Eluding or attempting to elude a pursuing law
 38 30 enforcement vehicle, in violation of section 321.279, if the
 38 31 death of the other person directly or indirectly results from
 38 32 the violation.
 38 33    2. 3.  A person commits a class "D" felony when the person
 38 34 unintentionally causes the death of another while drag racing,
 38 35 in violation of section 321.278.
 39  1    3. 4.  A person commits an aggravated misdemeanor a class
 39  2 "D" felony when the person unintentionally causes a serious
 39  3 injury, as defined in section 321J.1, subsection 8, by any of
 39  4 the means described in subsection subsections 1 of this
 39  5 section and 2.
 39  6    4. 5.  As used in this section, "motor vehicle" includes
 39  7 any vehicle defined as a motor vehicle in section 321.1.
 39  8    5. 6.  Except for the purpose of sentencing under section
 39  9 321J.2, subsection 2, a conviction or deferral of judgment for
 39 10 a violation of this section, where a violation of section
 39 11 321J.2 is admitted or proved, shall be treated as a conviction
 39 12 or deferral of judgment for a violation of section 321J.2 for
 39 13 the purposes of chapters 321, 321A, and 321J, and section
 39 14 907.3, subsection 1.
 39 15    7.  Notwithstanding the provisions of sections 901.5 and
 39 16 907.3, the court shall not defer judgment or sentencing, or
 39 17 suspend execution of any part of the sentence applicable to
 39 18 the defendant for a violation of subsection 1, or for a
 39 19 violation of subsection 4 involving the operation of a motor
 39 20 vehicle while intoxicated.
 39 21    Sec. 33.  Section 809A.3, subsections 4 and 5, Code 1997,
 39 22 are amended to read as follows:
 39 23    4.  A violation of section 321J.4B, subsection 12.
 39 24    5. 4.  Notwithstanding subsections 1 through 4 3,
 39 25 violations of chapter 321 or 321J, except section 321J.4B,
 39 26 subsection 12, shall not be considered conduct giving rise to
 39 27 forfeiture, except for violations of the following sections:
 39 28    a.  Section 321J.4B, subsection 2, paragraph "b".
 39 29    b.  Section 321J.4B, subsection 11.
 39 30    Sec. 34.  Section 907.3, subsection 1, paragraph g, Code
 39 31 1997, is amended to read as follows:
 39 32    g.  The offense is a violation of section 321J.2 and,
 39 33 within the previous six years, the person has been convicted
 39 34 of a violation of that section or the person's driver's
 39 35 license has been revoked pursuant to section 321J.4, 321J.9,
 40  1 or 321J.12, subsection 1; section 462A.14A, subsection 1;
 40  2 section 707.6A, subsection 1; or a violation of section
 40  3 707.6A, subsection 4, involving operation of a motor vehicle
 40  4 while intoxicated.
 40  5    Sec. 35.  Section 907.3, subsections 2 and 3, Code 1997,
 40  6 are amended to read as follows:
 40  7    2.  At the time of or after pronouncing judgment and with
 40  8 the consent of the defendant, the court may defer the sentence
 40  9 and assign the defendant to the judicial district department
 40 10 of correctional services.  The court may assign the defendant
 40 11 to supervision or services under section 901B.1 at the level
 40 12 of sanctions which the district department determines to be
 40 13 appropriate, if an intermediate criminal sanctions plan and
 40 14 program has been adopted in the judicial district under
 40 15 section 901B.1.  However, the court shall not defer the
 40 16 sentence for a violation of section any of the following:
 40 17    a.  Section 708.2A, if the defendant has previously
 40 18 received a deferred judgment or sentence for a violation of
 40 19 section 708.2 or 708.2A which was issued on a domestic abuse
 40 20 assault, or if similar relief was granted anywhere in the
 40 21 United States concerning that jurisdiction's statutes which
 40 22 substantially correspond to domestic abuse assault as provided
 40 23 in section 708.2A.  In addition, the court shall not defer a
 40 24 sentence if it is imposed for a conviction for or plea of
 40 25 guilty to a violation of section
 40 26    b.  Section 236.8 or for contempt pursuant to section 236.8
 40 27 or 236.14.
 40 28    c.  Section 321J.2, subsection 1; section 462A.14A,
 40 29 subsection 1; section 707.6A, subsection 1; or a violation of
 40 30 section 707.6A, subsection 4, involving operation of a motor
 40 31 vehicle while intoxicated.
 40 32    Upon a showing that the defendant is not fulfilling the
 40 33 conditions of probation, the court may revoke probation and
 40 34 impose any sentence authorized by law.  Before taking such
 40 35 action, the court shall give the defendant an opportunity to
 41  1 be heard on any matter relevant to the proposed action.  Upon
 41  2 violation of the conditions of probation, the court may
 41  3 proceed as provided in chapter 908.
 41  4    3.  By record entry at the time of or after sentencing, the
 41  5 court may suspend the sentence and place the defendant on
 41  6 probation upon such terms and conditions as it may require
 41  7 including commitment to an alternate jail facility or a
 41  8 community correctional residential treatment facility for a
 41  9 specific number of days to be followed by a term of probation
 41 10 as specified in section 907.7, or commitment of the defendant
 41 11 to the judicial district department of correctional services
 41 12 for supervision or services under section 901B.1 at the level
 41 13 of sanctions which the district department determines to be
 41 14 appropriate.  A person so committed who has probation revoked
 41 15 shall be given credit for such time served.  However, the
 41 16 court shall not suspend the any of the following sentences:
 41 17    a.  The minimum term of two days imposed pursuant to
 41 18 section 708.2A, subsection 6, paragraph "a", or a sentence
 41 19 imposed under section 708.2A, subsection 6, paragraph "b", and
 41 20 the court shall not suspend a
 41 21    b.  A sentence imposed pursuant to section 236.8 or 236.14
 41 22 for contempt.
 41 23    c.  A sentence imposed pursuant to a violation of section
 41 24 321J.2, subsection 1; section 462A.14A, subsection 1; section
 41 25 707.6A, subsection 1; or a violation of section 707.6A,
 41 26 subsection 4, involving operation of a motor vehicle while
 41 27 intoxicated.
 41 28    Sec. 36.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 41 29 3, shall not apply to this Act.  
 41 30                           EXPLANATION
 41 31    This bill amends Code section 321J.2 by decreasing the
 41 32 necessary concentration of blood alcohol level necessary for
 41 33 an OWI violation from .10 to .08 and by adding an OWI offense
 41 34 for a person who operates a motor vehicle after taking any
 41 35 amount of controlled substance listed in schedule I or II.
 42  1 This bill amends Code section 321J.1 by adding a definition
 42  2 for "controlled substance", as used in chapter 321J, to refer
 42  3 to drugs listed under schedule I or II of chapter 124.
 42  4 Conforming amendments reflecting these changes are made
 42  5 throughout chapter 321J.
 42  6    This bill further amends Code section 321J.2, adding an
 42  7 affirmative defense to OWI charges for prescribed medication
 42  8 when a controlled substance violation is charged.  The bill
 42  9 also adds a legal presumption regarding blood or urine
 42 10 specimens for controlled substance violations.
 42 11    This bill further amends Code section 321J.2 by removing
 42 12 the $2,000 cap on restitution payments that can be ordered
 42 13 upon a person convicted of an OWI violation, and makes the
 42 14 restitution payments subject to the provisions of chapter 910,
 42 15 the victim restitution chapter.
 42 16    The bill amends Code section 321J.4 by deleting the six-
 42 17 year period which a court uses in determining how many total
 42 18 prior OWI convictions a defendant has and what punishment is
 42 19 therefore applicable.  The bill makes a similar change with
 42 20 regard to license revocations in other portions of chapter
 42 21 321J.  The bill makes a related amendment to Code section
 42 22 321.12 by deleting the requirement that the department of
 42 23 transportation destroy records pertaining to OWI arrests or
 42 24 convictions after 12 years and requiring that such records be
 42 25 permanently maintained by the department.
 42 26    The bill further amends Code section 321J.4 by providing
 42 27 that no temporary restricted license or early license
 42 28 reinstatement shall be available for persons convicted of a
 42 29 third or subsequent OWI violation.  A similar provision is
 42 30 added in Code section 707.6A for persons convicted of causing
 42 31 death as a result of an OWI violation.  A conforming amendment
 42 32 is made in section 321J.4.
 42 33    The bill amends Code section 321J.4B by providing that if a
 42 34 person is apprehended while driving a vehicle while that
 42 35 person's license is suspended, denied, revoked, or barred for
 43  1 a violation of chapter 321J, then in addition to the
 43  2 applicable criminal penalty, the vehicle used in commission of
 43  3 the offense shall be subject to seizure and forfeiture
 43  4 pursuant to chapters 809 and 809A.  Conforming amendments are
 43  5 made to Code section 809A.3.  The bill also establishes a
 43  6 serious misdemeanor offense for any person who knowingly
 43  7 consents to operation of the person's vehicle by a person
 43  8 whose license is suspended, denied, revoked, or barred for a
 43  9 violation of chapter 321J, and provides for civil liability by
 43 10 such a vehicle owner for damages caused by the drunk driver.
 43 11    The bill strikes Code section 321J.13, subsection 4, which
 43 12 currently requires the department of transportation to reopen
 43 13 an administrative hearing under certain circumstances.
 43 14    The bill amends Code section 321J.17 by requiring that all
 43 15 persons whose licenses are revoked under chapter 321J complete
 43 16 a course for drinking drivers and substance abuse evaluation
 43 17 prior to any reinstatement of the person's license.
 43 18 Conforming amendments are made in Code sections 321J.3 and
 43 19 321J.22.  A similar requirement has been added in Code section
 43 20 707.6A for persons convicted of causing a death in the course
 43 21 of an OWI violation.  The bill also increases certain
 43 22 penalties in Code section 707.6A for deaths and serious
 43 23 injuries caused in the course of an OWI violation.
 43 24    The bill amends Code section 907.3 to eliminate deferred
 43 25 judgments, deferred sentences, and suspended sentences for OWI
 43 26 violations for motor vehicles and watercraft.  Conforming
 43 27 amendments are made throughout Code chapter 321J and Code
 43 28 section 707.6A.
 43 29    The bill amends certain sections of chapter 462A to
 43 30 prohibit the operation of a motor boat or sailboat while
 43 31 intoxicated by alcohol, controlled substances, or a
 43 32 combination of alcohol and another drug, and imposes an
 43 33 implied consent to test similar to that imposed by chapter
 43 34 321J for operators of motor vehicles.  The bill provides that
 43 35 a person who operates a motorboat or sailboat while
 44  1 intoxicated commits a serious misdemeanor upon a first
 44  2 offense, an aggravated misdemeanor upon a second offense, a
 44  3 class "D" felony for a third offense or for an offense
 44  4 resulting in serious bodily injury to another, and a class "C"
 44  5 felony for an offense resulting in the death of another.  In
 44  6 addition, persons convicted of a misdemeanor shall be ordered
 44  7 not to operate a motorboat or sailboat for up to one year,
 44  8 and, if convicted of a felony, up to two years.
 44  9    This bill may include a state mandate as defined in chapter
 44 10 25B.  This bill makes inapplicable section 25B.2, subsection
 44 11 3, which would relieve a political subdivision from complying
 44 12 with a state mandate if funding for the cost of the state
 44 13 mandate is not provided or specified.  Therefore, political
 44 14 subdivisions are required to comply with any state mandate
 44 15 included in this bill.  
 44 16 LSB 1534XL 77
 44 17 jls/jj/8.2
     

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