This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1095: Tuesday, March 31, 1998

47   hearing may be recorded and its scope shall be limited
48   to the issues of whether a peace officer had
49   reasonable grounds to believe that the person was
50   operating a motor vehicle in violation of section

Page 6

 1   321J.2 or section 321J.2A and either one or
more of
 2   the following:
 3     a.  Whether the person refused to submit to the
 4   test or tests.
 5     b.  Whether a test was administered and the test
 6   results indicated an alcohol concentration as defined
 7   in equal to or in excess of the level prohibited
under
 8   section 321J.1 of .10 or more or whether a test was
 9   administered and the test results indicated an alcohol
10   concentration as defined in section 321J.1 of .02 or
11   more pursuant to section 321J.2 or 321J.2A.
12     c.  Whether a test was administered and the test
13   results indicated the presence of alcohol, a
14   controlled substance or other drug, or a combination
15   of alcohol and another drug, in violation of section
16   321J.2.
17     Sec. ___.  Section 321J.15, Code 1997, is amended
18   to read as follows:
19     321J.15  EVIDENCE IN ANY ACTION.
20     Upon the trial of a civil or criminal action or
21   proceeding arising out of acts alleged to have been
22   committed by a person while operating a motor vehicle
23   in violation of section 321J.2 or 321J.2A, evidence of
24   the alcohol concentration or the presence of a
25   controlled substance or other drugs in the person's
26   body substances at the time of the act alleged as
27   shown by a chemical analysis of the person's blood,
28   breath, or urine is admissible.  If it is established
29   at trial that an analysis of a breath specimen was
30   performed by a certified operator using a device and
31   methods approved by the commissioner of public safety,
32   no further foundation is necessary for introduction of
33   the evidence.
34     Sec. ___.  Section 321J.18, Code 1997, is amended
35   to read as follows:
36     321J.18  OTHER EVIDENCE.
37     This chapter does not limit the introduction of any
38   competent evidence bearing on the question of whether
39   a person was under the influence of an alcoholic
40   beverage or a controlled substance or other drug,
41   including the results of chemical tests of specimens
42   of blood, breath, or urine obtained more than two
43   hours after the person was operating a motor vehicle."
44     3.  Page 3, by inserting before line 2 the
45   following:
46                        "DIVISION III

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Apr 1 13:30:12 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01000/01095.html
jhf