Text: H08334 Text: H08336 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2144, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting after line 4, the 1 4 following: 1 5 "Sec. . Section 321J.2, Code 2001, is amended 1 6 by adding the following new subsection: 1 7 NEW SUBSECTION. 2A. a. Notwithstanding 1 8 subsection 2, paragraph "a", or any other provision of 1 9 this chapter to the contrary, a person who violates 1 10 subsection 1, paragraph "b", whose alcohol 1 11 concentration established by the results of an 1 12 analysis of a specimen of the person's blood, breath, 1 13 or urine withdrawn in accordance with this chapter 1 14 exceeds .08 but is less than .10, commits a serious 1 15 misdemeanor for the first offense, punishable solely 1 16 by all of the following: 1 17 (1) Imprisonment in the county jail for up to 1 18 forty-eight hours, to be served as ordered by the 1 19 court, less credit for any time the person was 1 20 confined in a jail or detention facility following 1 21 arrest. However, the court, in ordering service of 1 22 the sentence and in its discretion, may accommodate 1 23 the person's work schedule. 1 24 (2) Assessment of a fine of five hundred dollars. 1 25 As an alternative to a portion or all of the fine, the 1 26 court may order the person to perform unpaid community 1 27 service. 1 28 (3) Revocation of the person's driver's license 1 29 for a maximum period of thirty days. Notwithstanding 1 30 any provision of the Code to the contrary, there shall 1 31 be no minimum period of ineligibility for such a 1 32 revocation. 1 33 b. This subsection shall not apply to a person who 1 34 is under the age of twenty-one who operates a motor 1 35 vehicle while having an alcohol concentration of .02 1 36 or more pursuant to section 321J.2A, to a person who 1 37 revokes the person's implied consent pursuant to 1 38 section 321J.6, or to a person who is convicted of or 1 39 pleads guilty to a violation of section 707.6A. 1 40 Sec. . Section 321J.4, subsection 1, Code 2001, 1 41 is amended to read as follows: 1 42 1.IfExcept as provided in section 321J.2, 1 43 subsection 2A, paragraph "a", subparagraph (3), if a 1 44 defendant is convicted of a violation of section 1 45 321J.2 and the defendant's driver's license or 1 46 nonresident operating privilege has not been revoked 1 47 under section 321J.9 or 321J.12 for the occurrence 1 48 from which the arrest arose, the department shall 1 49 revoke the defendant's driver's license or nonresident 1 50 operating privilege for one hundred eighty days if the 2 1 defendant has had no previous conviction or revocation 2 2 under this chapter. The defendant shall not be 2 3 eligible for any temporary restricted license for at 2 4 least thirty days after the effective date of the 2 5 revocation if a test was obtained, and for at least 2 6 ninety days if a test was refused. If the defendant 2 7 is under the age of twenty-one, the defendant shall 2 8 not be eligible for a temporary restricted license for 2 9 at least sixty days after the effective date of 2 10 revocation. 2 11 Sec. . Section 321J.4B, subsection 5, paragraph 2 12 d, Code 2001, is amended to read as follows: 2 13 d. The period of impoundment or immobilization of 2 14 a motor vehicle under this section shall be the period 2 15 of license revocation imposed upon the person 2 16 convicted of the offense or one hundred eighty days, 2 17 whichever period is longer. However, for violations 2 18 described in section 321J.2, subsection 2A, paragraph 2 19 "a", subparagraph (3), the period of impoundment or 2 20 immobilization of a motor vehicle shall be the period 2 21 of license revocation imposed upon the person 2 22 convicted of the offense. The impoundment or 2 23 immobilization period shall commence on the day that 2 24 the vehicle is first impounded or immobilized." 2 25 #2. Page 1, by inserting after line 10 the 2 26 following: 2 27 "Sec. . Section 321J.12, subsection 1, 2 28 paragraph "a", Code Supplement 2001, is amended to 2 29 read as follows: 2 30 a. One hundred eighty days if the person has had 2 31 no revocation under this chapter, except as provided 2 32 in section 321J.2, subsection 2A, paragraph "a", 2 33 subparagraph (3)." 2 34 #3. Title page, line 1, by striking the words 2 35 "providing for" and inserting the following: 2 36 "relating to". 2 37 #4. By renumbering as necessary. 2 38 2 39 2 40 2 41 CHIODO of Polk 2 42 2 43 2 44 2 45 HANSEN of Pottawattamie 2 46 2 47 2 48 2 49 SIEVERS of Scott 2 50 3 1 3 2 3 3 BODDICKER of Cedar 3 4 3 5 3 6 3 7 KETTERING of Sac 3 8 3 9 3 10 3 11 HORBACH of Tama 3 12 3 13 3 14 3 15 MYERS of Johnson 3 16 3 17 3 18 3 19 BRUNKHORST of Bremer 3 20 3 21 3 22 3 23 WARNSTADT of Woodbury 3 24 3 25 3 26 3 27 MERTZ of Kossuth 3 28 3 29 3 30 3 31 BROERS of Cerro Gordo 3 32 3 33 3 34 3 35 FORD of Polk 3 36 3 37 3 38 3 39 SHOULTZ of Black Hawk 3 40 SF 2144.304 79 3 41 rh/cf
Text: H08334 Text: H08336 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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