Text: H01865 Text: H01867 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the House amendment, S-3383, to Senate File
1 2 189, as amended, passed, and reprinted by the Senate,
1 3 as follows:
1 4 #1. By striking page 1, line 25, through page 2,
1 5 line 32.
1 6 #2. Page 3, by striking lines 19 and 20 and
1 7 inserting the following:
1 8 ""Sec. . THIRD OFFENSE OWI REVOCATIONS.
1 9 1. When revoking a defendant's driver's license
1 10 under section".
1 11 #3. Page 3, by inserting after line 31 the
1 12 following:
1 13 "2. a. If a defendant's driver's license is
1 14 revoked for a third or subsequent violation of section
1 15 321J.2 and one or more of the violations which
1 16 resulted in the revocation occurred before June 30,
1 17 1991, the person shall be permitted to apply to the
1 18 court for restoration of the defendant's driving
1 19 privileges. The application may be granted only if
1 20 all of the following are shown by the defendant by a
1 21 preponderance of the evidence:
1 22 (1) The defendant has completed an evaluation and,
1 23 if recommended by the evaluation, a program of
1 24 treatment for chemical dependency and is recovering,
1 25 or has substantially recovered, from that dependency
1 26 on or tendency to abuse alcohol or drugs.
1 27 (2) The defendant has not been convicted, since
1 28 the date of the revocation order, of any subsequent
1 29 violations of section 321J.2 or 123.46, or any
1 30 comparable city or county ordinance, and the defendant
1 31 has not, since the date of the revocation order,
1 32 submitted to a chemical test under this chapter that
1 33 indicated an alcohol concentration as defined in
1 34 section 321J.1 of .10 or more, or refused to submit to
1 35 chemical testing under this chapter.
1 36 (3) The defendant has abstained from the excessive
1 37 consumption of alcoholic beverages and the consumption
1 38 of controlled substances, except at the direction of a
1 39 licensed physician or pursuant to a valid
1 40 prescription.
1 41 (4) The defendant's motor vehicle license is not
1 42 currently subject to suspension or revocation for any
1 43 other reason.
1 44 b. The court shall forward to the department a
1 45 record of any application submitted under paragraph
1 46 "a" and the results of the court's disposition of the
1 47 application.""
1 48 #4. By renumbering as necessary.
1 49 SF 189S
1 50 jm/cc/26
Text: H01865 Text: H01867 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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