Text: S03382 Text: S03384 Text: S03300 - S03399 Text: S 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 1, by striking lines 27 through 30 and 1 4 inserting the following: "simple misdemeanor. In 1 5 addition to any other penalties, the punishment 1 6 imposed for a violation of this subsection shall 1 7 include assessment of a fine of not less than two 1 8 hundred fifty dollars nor more than one thousand five 1 9 hundred dollars." 1 10 #2. Page 2, line 7, by inserting after the word 1 11 "jurisdiction." the following: "In addition to any 1 12 other penalties, the punishment imposed for a 1 13 violation of this subsection shall include assessment 1 14 of a fine of not less than two hundred fifty dollars." 1 15 #3. Page 2, line 15, by inserting after the word 1 16 "misdemeanor." the following: "In addition to any 1 17 other penalties, the punishment imposed for a 1 18 violation of this subsection shall include assessment 1 19 of a fine of not less than two hundred fifty dollars." 1 20 #4. Page 2, by striking lines 28 and 29 and 1 21 inserting the following: "penalties, the punishment 1 22 imposed for a violation of this subsection shall 1 23 include assessment of a fine of not less than two 1 24 hundred fifty dollars nor". 1 25 #5. Page 2, by inserting after line 30 the 1 26 following: 1 27 "Sec. . Section 321J.4, subsection 4, Code 1 28 1999, is amended to read as follows: 1 29 4. a. Upon a plea or verdict of guilty of a third 1 30 or subsequent violation of section 321J.2, the court 1 31 shall order the department to revoke the defendant's 1 32 driver's license or nonresident operating privilege 1 33 for a period of six years. The defendant shall not be 1 34 eligible for a temporary restricted license for at 1 35 least one year after the effective date of the 1 36 revocation. The court shall require the defendant to 1 37 surrender to it all Iowa licenses or permits held by 1 38 the defendant, which the court shall forward to the 1 39 department with a copy of the order for revocation. 1 40 The defendant shall be ordered to install an ignition 1 41 interlock device of a type approved by the 1 42 commissioner of public safety on all vehicles owned by 1 43 the defendant if the defendant seeks a temporary 1 44 restricted license at the end of the minimum period of 1 45 ineligibility. A temporary restricted license shall 1 46 not be granted by the department until the defendant 1 47 installs the ignition interlock device. 1 48 b. However, if a defendant's driver's license is 1 49 revoked for a third or subsequent violation of section 1 50 321J.2 and the violations which resulted in the 2 1 revocation did not occur within a twelve-year period, 2 2 the person shall be permitted to apply to the 2 3 department for restoration of the defendant's driving 2 4 privileges. The application may be granted only if 2 5 all of the following are shown by the defendant by a 2 6 preponderance of the evidence: 2 7 (1) The defendant has completed an evaluation and, 2 8 if recommended by the evaluation, a program of 2 9 treatment for chemical dependency and is recovering, 2 10 or has substantially recovered, from that dependency 2 11 on or tendency to abuse alcohol or drugs. 2 12 (2) The defendant has not been convicted, since 2 13 the date of the revocation order, of any subsequent 2 14 violations of section 321J.2 or 123.46, or any 2 15 comparable city or county ordinance, and the defendant 2 16 has not, since the date of the revocation order, 2 17 submitted to a chemical test under this chapter that 2 18 indicated an alcohol concentration as defined in 2 19 section 321J.1 of .10 or more, or refused to submit to 2 20 chemical testing under this chapter. 2 21 (3) The defendant has abstained from the excessive 2 22 consumption of alcoholic beverages and the consumption 2 23 of controlled substances, except at the direction of a 2 24 licensed physician or pursuant to a valid 2 25 prescription. 2 26 (4) The defendant's motor vehicle license is not 2 27 currently subject to suspension or revocation for any 2 28 other reason. 2 29 c. The court shall forward to the department a 2 30 record of any application submitted under paragraph 2 31 "b" and the results of the court's disposition of the 2 32 application." 2 33 #6. Page 3, by striking lines 4 and 5, and 2 34 inserting the following: "addition to any other 2 35 penalties, the punishment imposed for a violation of 2 36 this subsection shall include assessment of a fine of 2 37 one thousand dollars." 2 38 #7. Page 3, by inserting after line 12 the 2 39 following: 2 40 "Sec. . Section 331.302, subsection 4A, 2 41 paragraph a, subparagraph (2), Code 1999, is amended 2 42 to read as follows: 2 43 (2) A portion of the Code of Iowa may be adopted 2 44 by reference only if the criminal penalty provided by 2 45 the law adopted does not exceed thirty days' 2 46 imprisonment or aonetwo hundred dollar fine." 2 47 #8. Page 3, line 35, by inserting after the word 2 48 "misdemeanor." the following: "In addition to any 2 49 other penalties, the punishment imposed for a 2 50 violation of this subsection shall include assessment 3 1 of a fine of not less than two hundred fifty dollars." 3 2 #9. Page 6, line 21, by inserting after the word 3 3 "misdemeanor." the following: "In addition to any 3 4 other penalties, the punishment imposed for a 3 5 violation of this subsection shall include assessment 3 6 of a fine of not less than two hundred fifty dollars." 3 7 #10. Page 6, line 35, by inserting after the word 3 8 "misdemeanor." the following: "In addition to any 3 9 other penalties, the punishment imposed for a 3 10 violation of this section shall include assessment of 3 11 a fine of not less than two hundred fifty dollars." 3 12 #11. Page 7, line 15, by inserting after the word 3 13 "misdemeanor." the following: "In addition to any 3 14 other penalties, the punishment imposed for a 3 15 violation of this section shall include assessment of 3 16 a fine of not less than two hundred fifty dollars." 3 17 #12. Page 7, by inserting after line 22 the 3 18 following: 3 19 "Sec. . THIRD OFFENSE OWI REVOCATIONS. When 3 20 revoking a defendant's driver's license under section 3 21 321J.4, the court shall not consider a conviction 3 22 under section 321J.2 which occurred on or prior to 3 23 June 30, 1991, for the purpose of determining whether 3 24 a conviction is a third or subsequent offense under 3 25 section 321J.2. If a person whose license was revoked 3 26 under section 321J.4, subsection 4, for three 3 27 violations of section 321J.2, one of which occurred on 3 28 or prior to June 30, 1991, the person may apply for 3 29 reinstatement of the person's driving privileges and 3 30 the court shall reinstate those privileges two years 3 31 after the date of the order for revocation." 3 32 #13. By renumbering, relettering, or redesignating 3 33 and correcting internal references as necessary. 3 34 SF 189H 3 35 jm/jg/25
Text: S03382 Text: S03384 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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