Text: H01470                            Text: H01472
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 1471

Amendment Text

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

Return To Home index


© 2000 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@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: Fri Mar 3 13:35:02 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/01400/H01471/000303.html
jhf