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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