House Journal: Page 1843: Wednesday, April 28, 1999

 2   189, as amended, passed, and reprinted by the Senate,

 3   as follows:
 4     1.  By striking page 1, line 25, through page 2,
 5   line 32.
 6     2.  Page 3, by striking lines 19 and 20 and
 7   inserting the following:
 8     ""Sec. ___.  THIRD OFFENSE OWI REVOCATIONS.
 9     1.  When revoking a defendant's driver's license
10   under section".
11     3.  Page 3, by inserting after line 31 the
12   following:
13     "2.  a.  If a defendant's driver's license is
14   revoked for a third or subsequent violation of section
15   321J.2 and one or more of the violations which
16   resulted in the revocation occurred before June 30,
17   1991, the person shall be permitted to apply to the
18   court for restoration of the defendant's driving
19   privileges.  The application may be granted only if
20   all of the following are shown by the defendant by a
21   preponderance of the evidence:
22     (1)  The defendant has completed an evaluation and,
23   if recommended by the evaluation, a program of
24   treatment for chemical dependency and is recovering,
25   or has substantially recovered, from that dependency
26   on or tendency to abuse alcohol or drugs.
27     (2)  The defendant has not been convicted, since
28   the date of the revocation order, of any subsequent
29   violations of section 321J.2 or 123.46, or any
30   comparable city or county ordinance, and the defendant
31   has not, since the date of the revocation order,
32   submitted to a chemical test under this chapter that
33   indicated an alcohol concentration as defined in
34   section 321J.1 of .10 or more, or refused to submit to
35   chemical testing under this chapter.
36     (3)  The defendant has abstained from the excessive
37   consumption of alcoholic beverages and the consumption
38   of controlled substances, except at the direction of a
39   licensed physician or pursuant to a valid
40   prescription.
41     (4)  The defendant's motor vehicle license is not
42   currently subject to suspension or revocation for any
43   other reason.
44     b.  The court shall forward to the department a
45   record of any application submitted under paragraph
46   "a" and the results of the court's disposition of the
47   application.""
48     4.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate 
amendment H-1866, to the House amendment.

© 1999 Cornell College and League of Women Voters of Iowa

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