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Senate Amendment 3383

Amendment Text

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 a one two 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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