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Kreiman of Davis offered the following amendment H?1471 filed by Kreiman, et al., and moved its adoption: H-1471 1 Amend Senate File 189, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 30 the 4 following: 5 "Sec. . Section 321J.4, subsection 4, Code 6 1999, is amended to read as follows: 7 4. a. Upon a plea or verdict of guilty of a third 8 or subsequent violation of section 321J.2, the court 9 shall order the department to revoke the defendant's 10 driver's license or nonresident operating privilege 11 for a period of six years. The defendant shall not be 12 eligible for a temporary restricted license for at 13 least one year after the effective date of the 14 revocation. The court shall require the defendant to 15 surrender to it all Iowa licenses or permits held by 16 the defendant, which the court shall forward to the 17 department with a copy of the order for revocation. 18 The defendant shall be ordered to install an ignition 19 interlock device of a type approved by the 20 commissioner of public safety on all vehicles owned by 21 the defendant if the defendant seeks a temporary 22 restricted license at the end of the minimum period of 23 ineligibility. A temporary restricted license shall 24 not be granted by the department until the defendant 25 installs the ignition interlock device. 26 b. However, if a defendant's driver's license is 27 revoked for a third or subsequent violation of section 28 321J.2 and the violations which resulted in the 29 revocation did not occur within a twelve-year period, 30 the person shall be permitted to apply to the 31 department for restoration of the defendant's driving 32 privileges. The application may be granted only if 33 all of the following are shown by the defendant by a 34 preponderance of the evidence: 35 (1) The defendant has completed an evaluation and, 36 if recommended by the evaluation, a program of 37 treatment for chemical dependency and is recovering, 38 or has substantially recovered, from that dependency 39 on or tendency to abuse alcohol or drugs. 40 (2) The defendant has not been convicted, since 41 the date of the revocation order, of any subsequent 42 violations of section 321J.2 or 123.46, or any 43 comparable city or county ordinance, and the defendant 44 has not, since the date of the revocation order, 45 submitted to a chemical test under this chapter that 46 indicated an alcohol concentration as defined in
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