Text: SSB02164 Text: SSB02166 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.12, subsection 4, Code Supplement 1 2 1997, is amended to read as follows: 1 3 4. The director shall not destroy any operating records 1 4 pertaining to arrests or convictions for operating while 1 5 intoxicated, in violation of section 321J.2 or operating 1 6 records pertaining to revocations for violations of section 1 7 321J.2A, except that a conviction or revocation under section 1 8 321J.2 or 321J.2A shall be deleted from the operating records 1 9 twelve years after the date of conviction or the effective 1 10 date of revocation. 1 11 Sec. 2. Section 321J.2, subsection 3, paragraph a, 1 12 unnumbered paragraph 1, Code Supplement 1997, is amended to 1 13 read as follows: 1 14 Notwithstanding the provisions of sections 901.5 and 907.3, 1 15 the court shall not defer judgment or sentencing, or suspend 1 16 execution of anypart of themandatory minimum sentence 1 17 applicable to the defendant under subsection 2, and shall not 1 18 suspend execution of any other part of a sentence imposed 1 19 pursuant to subsection 2, if any of the following apply: 1 20 Sec. 3. Section 321J.2, subsection 3, paragraph a, 1 21 subparagraph (1), Code Supplement 1997, is amended to read as 1 22 follows: 1 23 (1) If the defendant's alcohol concentration established 1 24 by the results of an analysis of a specimen of the defendant's 1 25 blood, breath, or urine withdrawn in accordance with this 1 26 chapter exceeds .15, regardless of whether of not the alcohol 1 27 concentration indicated by the chemical test minus the 1 28 established margin or error inherent in the device or method 1 29 used to conduct the test equals an alcohol concentration of 1 30 .15 or more. 1 31 Sec. 4. Section 321J.22, subsection 2, Code Supplement 1 32 1997, is amended to read as follows: 1 33 2. a. The course provided according to this section shall 1 34 be offered on a regular basis at each community college as 1 35 defined in section 260C.2. 2 1 b. Enrollment in the courses is not limited to persons 2 2 ordered to enroll, attend, and successfully complete the 2 3 course required under sections 321J.2 and 321J.17, subsection 2 4 2. 2 5 c. The course required by thissectionsubsection shall be 2 6 taught by the community colleges under the department of 2 7 education and approved by the department. 2 8 d. The department of education shall establish reasonable 2 9 fees to defray the expense of obtaining classroom space, 2 10 instructor salaries, and class materials. 2 11 2A. The course provided according to this section may also 2 12 be offered by a substance abuse agency licensed pursuant to 2 13 chapter 125. 2 14 a. Enrollment in the course is not limited to persons 2 15 required to enroll, attend, and successfully complete a course 2 16 for drinking drivers pursuant to this chapter. 2 17 b. The course provided according to this subsection shall 2 18 be taught by qualified staff of the licensed substance abuse 2 19 agency who are trained in the state-approved curriculum. 2 20 c. The division of substance abuse of the department of 2 21 public health, may establish reasonable fees to defray the 2 22 expenses associated with offering the course. 2 23 2B. A person shall not be denied enrollment in a courseby2 24reason offor drinking drivers that is required by a court 2 25 solely due to the person's indigency. 2 26 Sec. 5. Section 321J.22, subsections 4 and 5, Code 2 27 Supplement 1997, is amended to read as follows: 2 28 4. a. The department of education shall prepare a list of 2 29 the locations of the courses taught under this section, the 2 30 dates and times taught, the procedure for enrollment, and the 2 31 schedule of course fees. The list shall be kept current and a 2 32 copy of the list shall be sent to each court having 2 33 jurisdiction over offenses provided in this chapter. 2 345.b. The department of education shall maintain 2 35 enrollment, attendance, successful andnonsuccessful3 1 unsuccessful completion data on the persons ordered to enroll, 3 2 attend, and successfully complete a course for drinking 3 3 drivers. This data shall be forwarded to the court. 3 4 5. a. Licensed substance abuse agencies offering courses 3 5 pursuant to this section shall prepare a list of the locations 3 6 of the courses, the dates and times for the courses, the 3 7 procedure for enrollment, and the schedule of course fees. 3 8 The list shall be updated periodically, and a copy of each 3 9 updated list shall be sent to district courts in the same area 3 10 as the substance abuse agency. 3 11 b. Each licensed substance abuse agency offering courses 3 12 under this section shall maintain attendance, successful and 3 13 unsuccessful completion data on the persons ordered to enroll, 3 14 attend, and successfully complete a course for drinking 3 15 drivers. This data shall be forwarded to the appropriate 3 16 district court. 3 17 Sec. 6. Section 907.3, subsection 1, paragraph g, 3 18 subparagraph (1), Code Supplement 1997, is amended to read as 3 19 follows: 3 20 (1) If the defendant's alcohol concentration established 3 21 by the results of an analysis of a specimen of the defendant's 3 22 blood, breath, or urine withdrawn in accordance with chapter 3 23 321J exceeds .15, regardless of whether or not the alcohol 3 24 concentration indicated by the chemical test minus the 3 25 established margin of error inherent in the device or method 3 26 used to conduct the test equals an alcohol concentration of 3 27 .15 or more. 3 28 Sec. 7. Section 907.3, subsection 2, paragraph c, 3 29 subparagraph (1), Code Supplement 1997, is amended to read as 3 30 follows: 3 31 (1) If the defendant's alcohol concentration established 3 32 by the results of an analysis of a specimen of the defendant's 3 33 blood, breath, or urine withdrawn in accordance with chapter 3 34 321J exceeds .15, regardless of whether or not the alcohol 3 35 concentration indicated by the chemical test minus the 4 1 established margin of error inherent in the device or method 4 2 used to conduct the test equals an alcohol concentration of 4 3 .15 or more. 4 4 Sec. 8. Section 907.3, subsection 3, paragraph c, 4 5 unnumbered paragraph 1, Code Supplement 1997, is amended to 4 6 read as follows: 4 7 A mandatory minimum sentence imposed pursuant to a 4 8 violation of section 321J.2, subsection 1,; furthermore, the 4 9 court shall not suspend any part of a sentence imposed 4 10 pursuant to section 321J.2, subsection 2, beyond the mandatory 4 11 minimum if any of the following apply: 4 12 Sec. 9. Section 907.3, subsection 3, paragraph c, 4 13 subparagraph (1), Code Supplement 1997, is amended to read as 4 14 follows: 4 15 (1) If the defendant's alcohol concentration established 4 16 by the results of an analysis of a specimen of the defendant's 4 17 blood, breath, or urine withdrawn in accordance with chapter 4 18 321J exceeds .15, regardless of whether or not the alcohol 4 19 concentration indicated by the chemical test minus the 4 20 established margin of error inherent in the device or method 4 21 used to conduct the test equals an alcohol concentration of 4 22 .15 or more. 4 23 EXPLANATION 4 24 This bill makes amendments to certain Code sections 4 25 affected by 1997 legislation pertain to operating-while- 4 26 intoxicated (OWI) offenses. 4 27 The bill amends Code section 321.12, so that revocations 4 28 under Code section 321J.2A will be deleted from motor vehicle 4 29 records according to the same rules that apply to OWI 4 30 violations under Code section 321J.2. 4 31 The bill amends Code section 321J.2 to expressly state that 4 32 a mandatory minimum sentence imposed under the section cannot 4 33 be suspended, and that a sentence beyond the mandatory minimum 4 34 cannot be suspended in certain cases. This change, in 4 35 conjunction with a related change to Code section 907.3, 5 1 subsection 3, will permit the court to suspend execution of a 5 2 sentence for certain less serious offenders, and impose a 5 3 period of probation after service of the mandatory minimum 5 4 sentence. 5 5 The bill amends Code section 321J.2 and all subsections of 5 6 Code section 907.3 to state that a defendant who tests .15 or 5 7 higher shall be subject to the conditions applicable to 5 8 persons registering .15 or higher, regardless of the standard 5 9 of error associated with the test device. 5 10 The bill amends Code section 321J.22 to provide that 5 11 substance abuse agencies may offer the course for drinking 5 12 drivers regulated under that Code section, in addition to 5 13 community colleges, and that the substance abuse division of 5 14 the department of public health may set fees and the agencies 5 15 shall keep records and report to the court on the status of 5 16 offenders enrolling in the course, on a comparable basis to 5 17 the community colleges. 5 18 LSB 4198XC 77 5 19 jls/jl/8
Text: SSB02164 Text: SSB02166 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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