Text: SSB02183                          Text: SSB02185
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Senate Study Bill 2184

Bill Text

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 in either any 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 concentration as defined in
  1 15 section 321J.1 of .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  2  5 urine withdrawn within two hours after the defendant was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 violation of
  2 20 paragraph "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 equal an alcohol concentration of .10 or more or 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 test may
  3  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 concentration as defined in equal
  3 33 to or in excess of the level prohibited by section 321J.1 of
  3 34 .10 or more 321J.2.
  3 35    f.  The preliminary breath screening test was administered
  4  1 and it indicated an alcohol concentration of less than 0.10
  4  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 test may shall be required even after a blood or
  4 13 breath another 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 concentration as defined in equal to or in
  4 24 excess of the level prohibited by section 321J.1 of .10 or
  4 25 more, or the person is under the age of twenty-one and the
  4 26 results indicate an alcohol concentration of .02 or more, but
  4 27 less than .10 321J.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, and the 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 concentration as defined in equal to or in excess of the level
  6 15 prohibited by section 321J.1 of .10 or more 321J.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 concentration of .10 or more equal 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 concentration of .10 or more equal 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 test does is not equal an alcohol
  7 15 concentration of .10 or more for violations under to or in
  7 16 excess of the level prohibited by section 321J.2 or of .02 or
  7 17 more for violations of section 321J.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 or section
  7 33 321J.2A and either one 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 concentration as defined in equal to or
  8  3 in excess of the level prohibited under section 321J.1 of .10
  8  4 or more or whether a test was administered and the test
  8  5 results indicated an alcohol concentration as defined in
  8  6 section 321J.1 of .02 or more pursuant to section 321J.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
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