Text: HF00317 Text: HF00319 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2A, Code 1999, is amended to read 1 2 as follows: 1 3 321J.2A PERSONS UNDER THE AGE OF TWENTY-ONE. 1 4 1. A person who is under the age of twenty-one shall not 1 5 operate a motor vehicle while having an alcohol concentration,1 6as defined under section 321J.1,of .02 or more. 1 7 2. The driver's license or nonresident operating privilege 1 8 of a person who is under the age of twenty-one and who 1 9 operates a motor vehicle while having an alcohol concentration 1 10of .02 or moreshall be revoked by the department for the 1 11 period of time specified under section 321J.12. 1 12 3. A revocation underthis sectionsubsection 2 shall not 1 13 preclude a prosecution or conviction under any applicable 1 14 criminal provisions of this chapter. However, if the person 1 15 is convicted of a criminal offense under section 321J.2, the 1 16 revocation imposed under this section shall be superseded by 1 17 any revocation imposed as a result of the conviction. 1 18 4. a. In any proceeding regarding a revocation under this 1 19 section, evidence of the results of analysis of a specimen of 1 20 the defendant's blood, breath, or urine is admissible upon 1 21 proof of a proper foundation. 1 22 b. The alcohol concentration established by the results of 1 23 an analysis of a specimen of the defendant's blood, breath, or 1 24 urine withdrawn within two hours after the defendant was 1 25 driving or in physical control of a motor vehicle is presumed 1 26 to be the alcohol concentration at the time of driving or 1 27 being in physical control of the motor vehicle. 1 28 5. a. If an offense under this section results in serious 1 29 injury or death of any person, or if an offense under section 1 30 321J.2 by a person under the age of twenty-one results in 1 31 serious injury or death of any person, the county attorney 1 32 shall complete an investigation regarding the source from 1 33 which the driver obtained the alcohol, drugs, or both. 1 34 b. If an investigation under this subsection does not 1 35 result in criminal charges, the results of the investigation 2 1 shall be made available to any victim or the family of any 2 2 victim. 2 3 6. Any person who furnishes alcohol, drugs, or both 2 4 alcohol and drugs to a person under the age of twenty-one who 2 5 is the driver in an accident that results in serious injury or 2 6 death of any person shall be guilty of an aggravated 2 7 misdemeanor. 2 8 Sec. 2. Section 331.756, Code 1999, is amended by adding 2 9 the following new subsection: 2 10 NEW SUBSECTION. 58. Complete investigations required 2 11 under section 321J.2A. 2 12 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 13 3, shall not apply to this Act. 2 14 EXPLANATION 2 15 This bill amends Code section 321J.2A, regarding drivers 2 16 under the age of twenty-one who drive a motor vehicle with a 2 17 blood alcohol concentration level of .02 or more. The bill 2 18 divides the existing section into subsections, and adds a new 2 19 subsection that requires the county attorney to investigate 2 20 the source of alcohol, drugs, or both alcohol or drugs when a 2 21 driver under the age of twenty-one is involved in an accident 2 22 that results in serious injury or death of any person. A 2 23 person who supplies the alcohol, drugs, or both alcohol and 2 24 drugs to such a driver shall be guilty of an aggravated 2 25 misdemeanor. If no criminal charge result from the 2 26 investigation, the results of the investigation shall be made 2 27 available to any victim or any victim's family. 2 28 The bill also amends Code section 331.756 to require that 2 29 the county attorney complete investigations and prosecute 2 30 misdemeanors under Code section 321J.2A. 2 31 This bill may include a state mandate as defined in Code 2 32 section 25B.3. This bill makes inapplicable Code section 2 33 25B.2, subsection 3, which would relieve a political 2 34 subdivision from complying with a state mandate if funding for 2 35 the cost of the state mandate is not provided or specified. 3 1 Therefore, political subdivisions are required to comply with 3 2 any state mandate included in this bill. 3 3 LSB 1923HH 78 3 4 jj/gg/8
Text: HF00317 Text: HF00319 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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