Text: H01470 Text: H01472 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 189, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 2, by inserting after line 30 the
1 4 following:
1 5 "Sec. . Section 321J.4, subsection 4, Code
1 6 1999, is amended to read as follows:
1 7 4. a. Upon a plea or verdict of guilty of a third
1 8 or subsequent violation of section 321J.2, the court
1 9 shall order the department to revoke the defendant's
1 10 driver's license or nonresident operating privilege
1 11 for a period of six years. The defendant shall not be
1 12 eligible for a temporary restricted license for at
1 13 least one year after the effective date of the
1 14 revocation. The court shall require the defendant to
1 15 surrender to it all Iowa licenses or permits held by
1 16 the defendant, which the court shall forward to the
1 17 department with a copy of the order for revocation.
1 18 The defendant shall be ordered to install an ignition
1 19 interlock device of a type approved by the
1 20 commissioner of public safety on all vehicles owned by
1 21 the defendant if the defendant seeks a temporary
1 22 restricted license at the end of the minimum period of
1 23 ineligibility. A temporary restricted license shall
1 24 not be granted by the department until the defendant
1 25 installs the ignition interlock device.
1 26 b. However, if a defendant's driver's license is
1 27 revoked for a third or subsequent violation of section
1 28 321J.2 and the violations which resulted in the
1 29 revocation did not occur within a twelve-year period,
1 30 the person shall be permitted to apply to the
1 31 department for restoration of the defendant's driving
1 32 privileges. The application may be granted only if
1 33 all of the following are shown by the defendant by a
1 34 preponderance of the evidence:
1 35 (1) The defendant has completed an evaluation and,
1 36 if recommended by the evaluation, a program of
1 37 treatment for chemical dependency and is recovering,
1 38 or has substantially recovered, from that dependency
1 39 on or tendency to abuse alcohol or drugs.
1 40 (2) The defendant has not been convicted, since
1 41 the date of the revocation order, of any subsequent
1 42 violations of section 321J.2 or 123.46, or any
1 43 comparable city or county ordinance, and the defendant
1 44 has not, since the date of the revocation order,
1 45 submitted to a chemical test under this chapter that
1 46 indicated an alcohol concentration as defined in
1 47 section 321J.1 of .10 or more, or refused to submit to
1 48 chemical testing under this chapter.
1 49 (3) The defendant has abstained from the excessive
1 50 consumption of alcoholic beverages and the consumption
2 1 of controlled substances, except at the direction of a
2 2 licensed physician or pursuant to a valid
2 3 prescription.
2 4 (4) The defendant's motor vehicle license is not
2 5 currently subject to suspension or revocation for any
2 6 other reason.
2 7 c. The court shall forward to the department a
2 8 record of any application submitted under paragraph
2 9 "b" and the results of the court's disposition of the
2 10 application."
2 11 #2. Page 7, by inserting after line 22 the
2 12 following:
2 13 "Sec. . THIRD OFFENSE OWI REVOCATIONS. When
2 14 revoking a defendant's driver's license under section
2 15 321J.4, the court shall not consider a conviction
2 16 under section 321J.2 which occurred on or prior to
2 17 June 30, 1991, for the purpose of determining whether
2 18 a conviction is a third or subsequent offense under
2 19 section 321J.2. If a person whose license was revoked
2 20 under section 321J.4, subsection 4, for three
2 21 violations of section 321J.2, one of which occurred on
2 22 or prior to June 30, 1991, the person may apply for
2 23 reinstatement of the person's driving privileges and
2 24 the court shall reinstate those privileges two years
2 25 after the date of the order for revocation."
2 26
2 27
2 28
2 29 KREIMAN of Davis
2 30
2 31
2 32
2 33 FALCK of Fayette
2 34
2 35
2 36
2 37 PARMENTER of Story
2 38 SF 189.502 78
2 39 jm/jw
Text: H01470 Text: H01472 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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