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House File 318

Partial Bill History

Bill Text

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  6 as 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 10 of .02 or more shall be revoked by the department for the
  1 11 period of time specified under section 321J.12.
  1 12    3.  A revocation under this section subsection 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  1 16 revocation imposed under this section shall be superseded by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  1 24 urine withdrawn within two hours after the defendant was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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