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House Journal: Page 1293: Wednesday, April 14, 1999

	Kreiman of Davis offered the following amendment H?1471 filed 

by Kreiman, et al., and moved its adoption:
 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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