Text: HSB00710 Text: HSB00712 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 1, paragraph b, Code 1 2 Supplement 1999, is amended to read as follows: 1 3 b. (1) While having an alcohol concentration of .10 or 1 4 more for an offense under this section if no personal or 1 5 property injury has resulted from the defendant's actions. 1 6 (2) While having an alcohol concentration of .08 or more 1 7 for an offense under this section if personal or property 1 8 injury has resulted from the defendant's actions. 1 9 Sec. 2. Section 321J.6, subsection 1, paragraph g, Code 1 10 1999, is amended to read as follows: 1 11 g. The preliminary breath screening test was administered 1 12 and it indicated an alcohol concentration of .02 or more but 1 13 less than.10the blood alcohol concentration level prohibited 1 14 under section 321J.2 and the person is under the age of 1 15 twenty-one. 1 16 Sec. 3. Section 321J.12, subsection 5, Code 1999, is 1 17 amended to read as follows: 1 18 5. Upon certification, subject to penalty of perjury, by 1 19 the peace officer that there existed reasonable grounds to 1 20 believe that the person had been operating a motor vehicle in 1 21 violation of section 321J.2A, that there existed one or more 1 22 of the necessary conditions for chemical testing described in 1 23 section 321J.6, subsection 1, and that the person submitted to 1 24 chemical testing and the test results indicated an alcohol 1 25 concentration as defined in section 321J.1 of .02 or more but 1 26 less than.10the blood alcohol concentration level prohibited 1 27 under section 321J.2, the department shall revoke the person's 1 28 driver's license or operating privilege for a period of sixty 1 29 days if the person has had no previous revocation under this 1 30 chapter, and for a period of ninety days if the person has had 1 31 a previous revocation under this chapter. 1 32 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 33 3, shall not apply to this Act. 1 34 EXPLANATION 1 35 This bill amends Code section 321J.2 relating to operating 2 1 while intoxicated offenses (OWI), to provide that a blood 2 2 alcohol concentration level of .08 or more shall constitute a 2 3 per se OWI offense if personal or property injury results from 2 4 the offense. Offenses that do not result in personal or 2 5 property injury shall continue to use a .10 blood alcohol 2 6 concentration level for per se OWI offenses. The bill also 2 7 makes technical changes to other sections to reflect this 2 8 change. 2 9 The bill may include a state mandate as defined in Code 2 10 section 25B.3. The bill makes inapplicable Code section 2 11 25B.2, subsection 3, which would relieve a political 2 12 subdivision from complying with a state mandate if funding for 2 13 the cost of the state mandate is not provided or specified. 2 14 Therefore, political subdivisions are required to comply with 2 15 any state mandate included in this bill. 2 16 LSB 6722YC 78 2 17 jj/cf/24
Text: HSB00710 Text: HSB00712 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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