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House Journal: Page 1090: Tuesday, March 31, 1998

of Muscatine, Greiner of Washington, Rayhons of Hancock,
Dolecheck of Ringgold, Boggess of Taylor and Nelson of Marshall
from the floor as follows:

H-8796

 1     Amend Senate File 2391, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5                        "DIVISION I".
 6     2.  Page 3, by inserting before line 2 the
 7   following:
 8                        "DIVISION II
 9     Sec. ___.  Section 321J.1, Code 1997, is amended by
10   adding the following new subsection:
11     NEW SUBSECTION.  3A.  "Controlled substance" means
12   any drug, substance, or compound that is listed in
13   section 124.204 or 124.206, or any metabolite or
14   derivative of the drug, substance, or compound.
15     Sec. ___.  Section 321J.2, subsection 1, Code
16   Supplement 1997, is amended to read as follows:
17     1.  A person commits the offense of operating while
18   intoxicated if the person operates a motor vehicle in
19   this state in either any of the following
conditions:
20     a.  While under the influence of an alcoholic
21   beverage or other drug or a combination of such
22   substances.
23     b.  While having an alcohol concentration as
24   defined in section 321J.1 of .10 or more.
25     c.  While any amount of a controlled substance is
26   present in the person, as measured in the person's
27   blood or urine.
28     Sec. ___.  Section 321J.2, subsections 7 and 8,
29   Code Supplement 1997, are amended to read as follows:
30     7.  a.  This section does not apply to a person
31   operating a motor vehicle while under the influence of
32   a drug if the substance was prescribed for the person
33   and was taken under the prescription and in accordance
34   with the directions of a medical practitioner as
35   defined in chapter 155A, if there is no evidence of
36   the consumption of alcohol and the medical
37   practitioner had not directed the person to refrain
38   from operating a motor vehicle.
39     b.  When charged with a violation of subsection 1,
40   paragraph "c", a person may assert, as an affirmative
41   defense, that the controlled substance present in the
42   person's blood or urine was prescribed for the person
43   and was taken in accordance with the directions of a
44   practitioner and the labeling directions of the
45   pharmacy, as that person and place of business are
46   defined in section 155A.3.

© 1998 Cornell College and League of Women Voters of Iowa

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