Text: SSB02183 Text: SSB02185 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.1, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. "Controlled substance" means any 1 4 drug, substance, or compound that is listed in section 124.204 1 5 or 124.206, or any metabolite or derivative of the drug, 1 6 substance, or compound. 1 7 Sec. 2. Section 321J.2, subsection 1, Code Supplement 1 8 1997, is amended to read as follows: 1 9 1. A person commits the offense of operating while 1 10 intoxicated if the person operates a motor vehicle in this 1 11 state ineitherany of the following conditions: 1 12 a. While under the influence of an alcoholic beverage or 1 13 other drug or a combination of such substances. 1 14 b. While having an alcohol concentrationas defined in1 15section 321J.1of .10 or more. 1 16 c. While any amount of a controlled substance is present 1 17 in the person, as measured in the person's blood or urine. 1 18 Sec. 3. Section 321J.2, subsections 7 and 8, Code 1 19 Supplement 1997, are amended to read as follows: 1 20 7. a. This section does not apply to a person operating a 1 21 motor vehicle while under the influence of a drug if the 1 22 substance was prescribed for the person and was taken under 1 23 the prescription and in accordance with the directions of a 1 24 medical practitioner as defined in chapter 155A, if there is 1 25 no evidence of the consumption of alcohol and the medical 1 26 practitioner had not directed the person to refrain from 1 27 operating a motor vehicle. 1 28 b. When charged with a violation of subsection 1, 1 29 paragraph "c", a person may assert, as an affirmative defense, 1 30 that the controlled substance present in the person's blood or 1 31 urine was prescribed for the person and was taken in 1 32 accordance with the directions of a practitioner as defined in 1 33 section 155A.3. 1 34 8. In any prosecution under this section, evidence of the 1 35 results of analysis of a specimen of the defendant's blood, 2 1 breath, or urine is admissible upon proof of a proper 2 2 foundation. 2 3 a. The alcohol concentration established by the results of 2 4 an analysis of a specimen of the defendant's blood, breath, or 2 5 urine withdrawn within two hours after the defendant was 2 6 driving or in physical control of a motor vehicle is presumed 2 7 to be the alcohol concentration at the time of driving or 2 8 being in physical control of the motor vehicle. 2 9 b. The presence of a controlled substance or other drug 2 10 established by the results of analysis of a specimen of the 2 11 defendant's blood or urine withdrawn within two hours after 2 12 the defendant was driving or in physical control of a motor 2 13 vehicle is presumed to show the presence of such controlled 2 14 substance or other drug in the defendant at the time of 2 15 driving or being in physical control of the motor vehicle. 2 16 Sec. 4. Section 321J.2, subsection 10, Code Supplement 2 17 1997, is amended to read as follows: 2 18 10. In any prosecution under this section, the results of 2 19 a chemical test may not be used to prove a violationof2 20paragraph "b"of subsection 1 if the alcohol, controlled 2 21 substance, or other drug concentration indicated by the 2 22 chemical test minus the established margin of error inherent 2 23 in the device or method used to conduct the chemical test does 2 24 not equalan alcohol concentration of .10 or moreor exceed 2 25 the level prohibited by subsection 1. 2 26 Sec. 5. Section 321J.5, subsection 2, Code 1997, is 2 27 amended to read as follows: 2 28 2. In any motor vehicle collision, the peace officer shall 2 29 assess the operator of each vehicle, and in conjunction with 2 30 the preliminary screening test administered pursuant to 2 31 subsection 1, determine whether each operator may have been 2 32 under the influence of a controlled substance, a drug other 2 33 than alcohol, or a combination of alcohol and other drug. If 2 34 the peace officer determines that there are reasonable grounds 2 35 to believe that an operator may have been under the influence 3 1 of a controlled substance, a drug other than alcohol, or a 3 2 combination of alcohol and another drug, the peace officer 3 3 shall request that the operator submit to a blood or urine 3 4 test pursuant to section 321J.6. 3 5 3. The peace officer shall use best efforts to obtain a 3 6 test required under subsection 2 as soon as practicable. 3 7 4. The results of this preliminary screening testmay3 8 shall be used for the purpose of deciding whether an arrest 3 9 should be made or whether to request a chemical test 3 10 authorized in this chapter, but shall not be used in any court 3 11 action except to prove that a chemical test was properly 3 12 requested of a person pursuant to this chapter. 3 13 Sec. 6. Section 321J.6, subsection 1, unnumbered paragraph 3 14 1, Code 1997, is amended to read as follows: 3 15 A person who operates a motor vehicle in this state under 3 16 circumstances which give reasonable grounds to believe that 3 17 the person has been operating a motor vehicle in violation of 3 18 section 321J.2 or 321J.2A is deemed to have given consent to 3 19 the withdrawal of specimens of the person's blood, breath, or 3 20 urine and to a chemical test or tests of the specimens for the 3 21 purpose of determining the alcohol concentration or presence 3 22 of a controlled substance or other drugs, subject to this 3 23 section. The withdrawal of the body substances and the test 3 24 or tests shall be administered at the written request of a 3 25 peace officer having reasonable grounds to believe that the 3 26 person was operating a motor vehicle in violation of section 3 27 321J.2 or 321J.2A, and if any of the following conditions 3 28 exist: 3 29 Sec. 7. Section 321J.6, subsection 1, paragraphs d and f, 3 30 Code 1997, are amended to read as follows: 3 31 d. The preliminary breath screening test was administered 3 32 and it indicated an alcohol concentrationas defined inequal 3 33 to or in excess of the level prohibited by section321J.1 of3 34.10 or more321J.2. 3 35 f. The preliminary breath screening test was administered 4 1 and it indicated an alcohol concentrationofless than0.104 2 the level prohibited by section 321J.2, and the peace officer 4 3 has reasonable grounds to believe that the person was under 4 4 the influence of a controlled substance, a drug other than 4 5 alcohol, or a combination of alcohol and another drug. 4 6 Sec. 8. Section 321J.6, subsection 3, Code 1997, is 4 7 amended to read as follows: 4 8 3. Notwithstanding subsection 2, if the peace officer has 4 9 reasonable grounds to believe that the person was under the 4 10 influence of a controlled substance, a drug other than 4 11 alcohol, or a combination of alcohol and another drug, a blood 4 12 or urine testmayshall be required even aftera blood or4 13breathanother type of test has been administered. Section 4 14 321J.9 applies to a refusal to submit to a chemical test of 4 15 urine requested under this subsection. If a urine test has 4 16 already been administered, but the person refuses to consent 4 17 to a blood test, the peace officer shall obtain a warrant for 4 18 a blood test pursuant to section 321J.10. 4 19 Sec. 9. Section 321J.8, subsection 2, Code 1997, is 4 20 amended to read as follows: 4 21 2. If the person submits to the test and the results 4 22 indicate the presence of a controlled substance or other drug, 4 23 or an alcohol concentrationas defined inequal to or in 4 24 excess of the level prohibited by section321J.1 of .10 or4 25more, or the person is under the age of twenty-one and the4 26results indicate an alcohol concentration of .02 or more, but4 27less than .10321J.2 or 321J.2A, the person's motor vehicle 4 28 license or nonresident operating privilege will be revoked by 4 29 the department as required by and for the applicable period 4 30 specified under section 321J.12. 4 31 Sec. 10. Section 321J.10, subsection 4, Code 1997, is 4 32 amended to read as follows: 4 33 4. a. Search warrants issued under this section shall 4 34 authorize and direct peace officers to secure the withdrawal 4 35 of blood specimens by medical personnel under section 321J.11. 5 1 Reasonable care shall be exercised to ensure the health and 5 2 safety of the persons from whom specimens are withdrawn in 5 3 execution of the warrants. 5 4 b. If a person from whom a specimen is to be withdrawn 5 5 objects to the withdrawal of blood,andthe warrant may be 5 6 executed according to the following: 5 7 (1) If the person is capable of giving a specimen of 5 8 breath, and a direct breath testing instrument is readily 5 9 available, the warrant may be executed by the withdrawal of a 5 10 specimen of breath for chemical testing, unless the peace 5 11 officer has reasonable grounds to believe that the person was 5 12 under the influence of a controlled substance, a drug other 5 13 than alcohol, or a combination of alcohol and another drug. 5 14 (2) If the testimony in support of the warrant sets forth 5 15 facts and information that the peace officer has reasonable 5 16 grounds to believe that the person was under the influence of 5 17 a controlled substance, a drug other than alcohol, or a 5 18 combination of alcohol and another drug, a urine test may be 5 19 executed, if the person is capable of giving a urine sample 5 20 and materials for testing the urine sample are readily 5 21 available. If the peace officer has previously requested a 5 22 urine sample, but has sought the warrant to compel a blood 5 23 sample, a blood test may be taken in accordance with this 5 24 chapter. 5 25 Sec. 11. Section 321J.11, unnumbered paragraph 1, Code 5 26 1997, is amended to read as follows: 5 27 Only a licensed physician, licensed physician assistant as 5 28 defined in section 148C.1, medical technologist, or registered 5 29 nurse, acting at the request of a peace officer, may withdraw 5 30 a specimen of blood for the purpose of determining the alcohol 5 31 concentration or the presence of a controlled substance or 5 32 other drugs. However, any peace officer, using devices and 5 33 methods approved by the commissioner of public safety, may 5 34 take a specimen of a person's breath or urine for the purpose 5 35 of determining the alcohol concentration or the presence of a 6 1 controlled substance or other drugs. Only new equipment kept 6 2 under strictly sanitary and sterile conditions shall be used 6 3 for drawing blood. 6 4 Sec. 12. Section 321J.12, subsection 1, 3, 4, and 6, Code 6 5 Supplement 1997, are amended to read as follows: 6 6 1. Upon certification, subject to penalty for perjury, by 6 7 the peace officer that there existed reasonable grounds to 6 8 believe that the person had been operating a motor vehicle in 6 9 violation of section 321J.2, that there existed one or more of 6 10 the necessary conditions for chemical testing described in 6 11 section 321J.6, subsection 1, and that the person submitted to 6 12 chemical testing and the test results indicated the presence 6 13 of a controlled substance or other drug, or an alcohol 6 14 concentrationas defined inequal to or in excess of the level 6 15 prohibited by section321J.1 of .10 or more321J.2, or a 6 16 combination of alcohol and another drug in violation of 6 17 section 321J.2, the department shall revoke the person's motor 6 18 vehicle license or nonresident operating privilege for the 6 19 following periods of time: 6 20 a. One hundred eighty days if the person has had no 6 21 revocation under this chapter. 6 22 b. One year if the person has had a previous revocation 6 23 under this chapter. 6 24 3. The effective date of the revocation shall be ten days 6 25 after the department has mailed notice of revocation to the 6 26 person by certified mail. The peace officer who requested or 6 27 directed the administration of the chemical test may, on 6 28 behalf of the department, serve immediate notice of revocation 6 29 on a person whose test results indicated the presence of a 6 30 controlled substance or other drug, or an alcohol 6 31 concentrationof .10 or moreequal to or in excess of the 6 32 level prohibited by section 321J.2, or a combination of 6 33 alcohol and another controlled substance or drug in violation 6 34 of section 321J.2. 6 35 4. If the peace officer serves that immediate notice, the 7 1 peace officer shall take the person's Iowa license or permit, 7 2 if any, and issue a temporary license valid only for ten days. 7 3 The peace officer shall immediately send the person's driver's 7 4 license to the department along with the officer's certificate 7 5 indicating that the test results indicated the presence of a 7 6 controlled substance or other drug, or an alcohol 7 7 concentrationof .10 or moreequal to or in excess of the 7 8 level prohibited by section 321J.2. 7 9 6. The results of a chemical test may not be used as the 7 10 basis for a revocation of a person's motor vehicle license or 7 11 nonresident operating privilege if the alcohol or drug 7 12 concentration indicated by the chemical test minus the 7 13 established margin of error inherent in the device or method 7 14 used to conduct the chemical testdoesis not equalan alcohol7 15concentration of .10 or more for violations underto or in 7 16 excess of the level prohibited by section 321J.2 orof .02 or7 17more for violations of section321J.2A. 7 18 Sec. 13. Section 321J.13, subsection 2, Code Supplement 7 19 1997, is amended to read as follows: 7 20 2. The department shall grant the person an opportunity to 7 21 be heard within forty-five days of receipt of a request for a 7 22 hearing if the request is made not later than ten days after 7 23 receipt of notice of revocation served pursuant to section 7 24 321J.9 or 321J.12. The hearing shall be before the department 7 25 in the county where the alleged events occurred, unless the 7 26 director and the person agree that the hearing may be held in 7 27 some other county, or the hearing may be held by telephone 7 28 conference at the discretion of the agency conducting the 7 29 hearing. The hearing may be recorded and its scope shall be 7 30 limited to the issues of whether a peace officer had 7 31 reasonable grounds to believe that the person was operating a 7 32 motor vehicle in violation of section 321J.2 orsection7 33 321J.2A andeitherone or more of the following: 7 34 a. Whether the person refused to submit to the test or 7 35 tests. 8 1 b. Whether a test was administered and the test results 8 2 indicated an alcohol concentrationas defined inequal to or 8 3 in excess of the level prohibited under section321J.1 of .108 4or more or whether a test was administered and the test8 5results indicated an alcohol concentration as defined in8 6section 321J.1 of .02 or more pursuant to section321J.2 or 8 7 321J.2A. 8 8 c. Whether a test was administered and the test results 8 9 indicated the presence of alcohol, a controlled substance or 8 10 other drug, or a combination of alcohol and another drug, in 8 11 violation of section 321J.2. 8 12 Sec. 14. Section 321J.15, Code 1997, is amended to read as 8 13 follows: 8 14 321J.15 EVIDENCE IN ANY ACTION. 8 15 Upon the trial of a civil or criminal action or proceeding 8 16 arising out of acts alleged to have been committed by a person 8 17 while operating a motor vehicle in violation of section 321J.2 8 18 or 321J.2A, evidence of the alcohol concentration or the 8 19 presence of a controlled substance or other drugs in the 8 20 person's body substances at the time of the act alleged as 8 21 shown by a chemical analysis of the person's blood, breath, or 8 22 urine is admissible. If it is established at trial that an 8 23 analysis of a breath specimen was performed by a certified 8 24 operator using a device and methods approved by the 8 25 commissioner of public safety, no further foundation is 8 26 necessary for introduction of the evidence. 8 27 Sec. 15. Section 321J.18, Code 1997, is amended to read as 8 28 follows: 8 29 321J.18 OTHER EVIDENCE. 8 30 This chapter does not limit the introduction of any 8 31 competent evidence bearing on the question of whether a person 8 32 was under the influence of an alcoholic beverage or a 8 33 controlled substance or other drug, including the results of 8 34 chemical tests of specimens of blood, breath, or urine 8 35 obtained more than two hours after the person was operating a 9 1 motor vehicle. 9 2 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3 3, shall not apply to this Act. 9 4 EXPLANATION 9 5 This bill amends Code section 321J.1 by adding a definition 9 6 for "controlled substance", as used in chapter 321J, to refer 9 7 to drugs listed under schedule I or II of Code chapter 124. 9 8 This bill amends Code section 321J.2 by adding an OWI 9 9 offense for a person who operates a motor vehicle after taking 9 10 any amount of controlled substance listed in schedule I or II. 9 11 Conforming amendments reflecting this change are made 9 12 throughout Code chapter 321J. 9 13 This bill further amends Code section 321J.2 by adding an 9 14 affirmative defense to OWI charges for prescribed medication 9 15 when a controlled substance violation is charged. The bill 9 16 also adds a legal presumption regarding blood or urine 9 17 specimens for controlled substance violations. 9 18 The bill also requires that a peace officer assess each 9 19 operator to determine whether one or more of the operators 9 20 involved in the collision may have been under the influence of 9 21 a drug other than alcohol, or a combination of alcohol and 9 22 another drug. If the peace officer determines this to be the 9 23 case, a blood or urine test shall be requested pursuant to 9 24 Code section 321J.6. 9 25 Code section 321J.6 is amended to require a peace officer 9 26 to administer a blood or urine test to a person the peace 9 27 officer reasonably believes may be under the influence of a 9 28 controlled substance, a drug other than alcohol, or a 9 29 combination of alcohol and another controlled substance or a 9 30 drug. If a urine test has already been administered, but the 9 31 person refuses to consent to a blood test, the peace officer 9 32 is required to request a warrant pursuant to Code section 9 33 321J.10 to obtain the blood sample. 9 34 Other technical changes are made throughout Code chapter 9 35 321J. 10 1 This bill may include a state mandate as defined in Code 10 2 chapter 25B. This bill makes inapplicable Code section 25B.2, 10 3 which would relieve a political subdivision from complying 10 4 with a state mandate if funding for the cost of the state 10 5 mandate is not provided or specified. Therefore, political 10 6 subdivisions are required to comply with any state mandate 10 7 included in this bill. 10 8 LSB 3995SC 77 10 9 jls/jl/8
Text: SSB02183 Text: SSB02185 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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