Text: H08566                            Text: H08568
Text: H08500 - H08599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8567

Amendment Text

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, subsection 2, paragraph
  1  6 a, subparagraphs (1) through (4), Code 2001, are
  1  7 amended to read as follows:
  1  8    (1)  Imprisonment in the county jail for not less
  1  9 than forty-eight hours up to seventy-two hours, to be
  1 10 served as ordered by the court, less credit for any
  1 11 time the person was confined in a jail or detention
  1 12 facility following arrest.  However, the court, in
  1 13 ordering service of the sentence and in its
  1 14 discretion, may accommodate the defendant's work
  1 15 schedule.
  1 16    (2)  Assessment of a fine of up to one thousand
  1 17 five hundred dollars.  However, in the discretion of
  1 18 the court, if no personal or property injury has
  1 19 resulted from the defendant's actions, the court may
  1 20 waive up to five hundred dollars of the fine when the
  1 21 defendant presents to the court at the end of the
  1 22 minimum period of ineligibility, a temporary
  1 23 restricted license issued pursuant to 321J.20.  As an
  1 24 alternative to a portion or all of the fine, the court
  1 25 may order the person to perform unpaid community
  1 26 service.
  1 27    (3)  Revocation of the person's driver's license
  1 28 pursuant to section 321J.4, subsection 1, section
  1 29 321J.9, or section 321J.12, which includes a minimum
  1 30 revocation period of one hundred eighty days,
  1 31 including a minimum period of ineligibility for a
  1 32 temporary restricted license of thirty days, and may
  1 33 involve a revocation period of one year for a
  1 34 mandatory period of ninety days, with no period of
  1 35 ineligibility for a temporary restricted license.
  1 36    (4)  Assignment to substance abuse evaluation and
  1 37 treatment, a course for drinking drivers, and, if
  1 38 available and appropriate, a reality education
  1 39 substance abuse prevention program pursuant to
  1 40 subsection 3.
  1 41    Sec.    .  Section 321J.2, Code 2001, is amended by
  1 42 adding the following new subsection:
  1 43    NEW SUBSECTION.  2A.  Notwithstanding subsection 2,
  1 44 paragraph "a", or any other provision of this chapter
  1 45 to the contrary, a person who violates subsection 1,
  1 46 paragraph "b", whose alcohol concentration established
  1 47 by the results of an analysis of a specimen of the
  1 48 person's blood, breath, or urine withdrawn in
  1 49 accordance with this chapter is .15 or more, commits a
  1 50 serious misdemeanor for the first offense punishable
  2  1 by all of the following:
  2  2    a.  Imprisonment in the county jail of not less
  2  3 than forty-eight hours, to be served as ordered by the
  2  4 court, less credit for any time the person was
  2  5 confined in a jail or detention facility following
  2  6 arrest.  However, the court, in ordering service of
  2  7 the sentence and in its discretion, may accommodate
  2  8 the defendant's work schedule.
  2  9    b.  Assessment of a fine of not less than one
  2 10 thousand dollars nor more than one thousand five
  2 11 hundred dollars.  However, in the discretion of the
  2 12 court, if no personal or property injury has resulted
  2 13 from the defendant's actions, the court may waive up
  2 14 to five hundred dollars of the fine when the defendant
  2 15 presents to the court at the end of the minimum period
  2 16 of ineligibility, a temporary restricted license
  2 17 issued pursuant to section 321J.20.  As an alternative
  2 18 to a portion or all of the fine, the court may order
  2 19 the person to perform unpaid community service.
  2 20    c.  Revocation of the person's driver's license
  2 21 pursuant to section 321J.4, subsection 1, section
  2 22 321J.9, or section 321J.12, which includes a minimum
  2 23 revocation period of one hundred eighty days,
  2 24 including a minimum period of ineligibility for a
  2 25 temporary restricted license of thirty days, and may
  2 26 involve a revocation period of one year.
  2 27    d.  Assignment to substance abuse evaluation and
  2 28 treatment, a course for drinking drivers, and, if
  2 29 available and appropriate, a reality education
  2 30 substance abuse prevention program pursuant to
  2 31 subsection 3.
  2 32    e.  This subsection is repealed June 30, 2003.
  2 33    Sec. 100.  Section 321J.2, Code 2001, is amended by
  2 34 adding the following new subsection:
  2 35    NEW SUBSECTION.  2B.  Notwithstanding subsection 2,
  2 36 paragraph "a", or any other provision of this chapter
  2 37 to the contrary, a person who violates subsection 1,
  2 38 paragraph "b", whose alcohol concentration established
  2 39 by the results of an analysis of a specimen of the
  2 40 person's blood, breath, or urine withdrawn in
  2 41 accordance with this chapter is .10 or more, commits a
  2 42 serious misdemeanor for the first offense, punishable
  2 43 by all of the following:
  2 44    a.  Imprisonment in the county jail of not less
  2 45 than forty-eight hours, to be served as ordered by the
  2 46 court, less credit for any time the person was
  2 47 confined in a jail or detention facility following
  2 48 arrest.  However, the court, in ordering service of
  2 49 the sentence and in its discretion, may accommodate
  2 50 the defendant's work schedule.
  3  1    b.  Assessment of a fine of not less than one
  3  2 thousand dollars nor more than one thousand five
  3  3 hundred dollars.  However, in the discretion of the
  3  4 court, if no personal or property injury has resulted
  3  5 from the defendant's actions, the court may waive up
  3  6 to five hundred dollars of the fine when the defendant
  3  7 presents to the court at the end of the minimum period
  3  8 of ineligibility, a temporary restricted license
  3  9 issued pursuant to section 321J.20.  As an alternative
  3 10 to a portion or all of the fine, the court may order
  3 11 the person to perform unpaid community service.
  3 12    c.  Revocation of the person's driver's license
  3 13 pursuant to section 321J.4, subsection 4, section
  3 14 321J.9, or section 321J.12, which includes a minimum
  3 15 revocation period of one hundred eighty days,
  3 16 including a minimum period of ineligibility for a
  3 17 temporary restricted license of thirty days, and may
  3 18 involve a revocation period of one year.
  3 19    d.  Assignment to substance abuse evaluation and
  3 20 treatment, a course for drinking drivers, and, if
  3 21 available and appropriate, a reality education
  3 22 substance abuse prevention program pursuant to
  3 23 subsection 3.
  3 24    Sec.    .  Section 321J.2, subsection 3, paragraph
  3 25 a, unnumbered paragraph 1, Code 2001, is amended to
  3 26 read as follows:
  3 27    Notwithstanding the provisions of sections 901.5
  3 28 and 907.3, the court shall not defer judgment or
  3 29 sentencing, or suspend execution of any mandatory
  3 30 minimum sentence of incarceration applicable to the
  3 31 defendant under subsection 2 or 2A, and shall not
  3 32 suspend execution of any other part of a sentence not
  3 33 involving incarceration imposed pursuant to subsection
  3 34 2 or 2A, if any of the following apply:
  3 35    Sec.    .  Section 321J.2, subsection 3, paragraphs
  3 36 b and c, Code 2001, are amended to read as follows:
  3 37    b.  All Except for persons convicted of a first
  3 38 offense pursuant to subsection 2, paragraph "a",
  3 39 persons convicted of an offense under subsection 2
  3 40 shall be ordered, at the person's expense, to undergo,
  3 41 prior to sentencing, a substance abuse evaluation.
  3 42    c.  Where the program is available and is
  3 43 appropriate for the convicted person, a person
  3 44 convicted of an offense under subsection 2 shall be
  3 45 ordered to participate in a reality education
  3 46 substance abuse prevention program as provided in
  3 47 section 321J.24.  This paragraph shall not apply to a
  3 48 person convicted of a first offense pursuant to
  3 49 section 2, paragraph "a".
  3 50    Sec.    .  Section 321J.3, subsection 1, paragraph
  4  1 a, Code 2001, is amended to read as follows:
  4  2    a.  In addition to orders issued pursuant to
  4  3 section 321J.2, subsection 3, and section 321J.17, the
  4  4 court shall order any defendant convicted under
  4  5 section 321J.2 to follow the recommendations proposed
  4  6 in the substance abuse evaluation for appropriate
  4  7 substance abuse treatment for the defendant.  Court-
  4  8 ordered substance abuse treatment is subject to the
  4  9 periodic reporting requirements of section 125.86.
  4 10 This paragraph shall not apply to a defendant
  4 11 convicted of a first offense pursuant to section
  4 12 321J.2, subsection 2, paragraph "a".
  4 13    Sec.    .  Section 321J.4, subsection 1, Code 2001,
  4 14 is amended to read as follows:
  4 15    1.  If Except as provided in section 321J.2,
  4 16 subsection 2, paragraph "a", subparagraph (3), if a
  4 17 defendant is convicted of a violation of section
  4 18 321J.2 and the defendant's driver's license or
  4 19 nonresident operating privilege has not been revoked
  4 20 under section 321J.9 or 321J.12 for the occurrence
  4 21 from which the arrest arose, the department shall
  4 22 revoke the defendant's driver's license or nonresident
  4 23 operating privilege for one hundred eighty days if the
  4 24 defendant has had no previous conviction or revocation
  4 25 under this chapter.  The defendant shall not be
  4 26 eligible for any temporary restricted license for at
  4 27 least thirty days after the effective date of the
  4 28 revocation if a test was obtained, and for at least
  4 29 ninety days if a test was refused.  If the defendant
  4 30 is under the age of twenty-one, the defendant shall
  4 31 not be eligible for a temporary restricted license for
  4 32 at least sixty days after the effective date of
  4 33 revocation.
  4 34    Sec.    .  Section 321J.4B, subsection 5, paragraph
  4 35 d, Code 2001, is amended to read as follows:
  4 36    d.  The period of impoundment or immobilization of
  4 37 a motor vehicle under this section shall be the period
  4 38 of license revocation imposed upon the person
  4 39 convicted of the offense or one hundred eighty days,
  4 40 whichever period is longer.  However, for violations
  4 41 described in section 321J.2, subsection 2, paragraph
  4 42 "a", the period of impoundment or immobilization of a
  4 43 motor vehicle shall be the mandatory ninety-day period
  4 44 of license revocation.  The impoundment or
  4 45 immobilization period shall commence on the day that
  4 46 the vehicle is first impounded or immobilized."
  4 47    #2.  Page 1, by inserting after line 10 the
  4 48 following:
  4 49    "Sec.    .  Section 321J.12, subsection 1,
  4 50 paragraph a, Code Supplement 2001, is amended to read
  5  1 as follows:
  5  2    a.  One hundred eighty days if the person has had
  5  3 no revocation under this chapter, except as provided
  5  4 in section 321J.2, subsection 2, paragraph "a",
  5  5 subparagraph (3)."
  5  6    #3.  Page 1, by inserting after line 25 the
  5  7 following:
  5  8    "Sec.    .  Section 321J.17, subsection 2, Code
  5  9 2001, is amended by adding the following new
  5 10 unnumbered paragraph:
  5 11    NEW UNNUMBERED PARAGRAPH.  This subsection shall
  5 12 not apply to a person convicted of a first offense
  5 13 pursuant to section 321J.2, subsection 2, paragraph
  5 14 "a".
  5 15    Sec.    .  Section 321J.24, subsection 2, Code
  5 16 2001, is amended to read as follows:
  5 17    2.  A reality education substance abuse prevention
  5 18 program is established in those judicial districts
  5 19 where the chief judge of the judicial district
  5 20 authorizes participation in the program.  Upon a
  5 21 conviction or adjudication for a violation of section
  5 22 321J.2, or the entry of a deferred judgment concerning
  5 23 a violation of section 321J.2, the court or juvenile
  5 24 court may order participation in the reality education
  5 25 substance abuse prevention program as a term and
  5 26 condition of probation or disposition in addition to
  5 27 any other term or condition of probation or
  5 28 disposition required or authorized by law.  The court
  5 29 or juvenile court shall require the defendant or
  5 30 delinquent child to abstain from consuming any
  5 31 controlled substance, alcoholic liquor, wine, or beer
  5 32 while participating in the program.  This subsection
  5 33 shall not apply to a conviction or adjudication
  5 34 pursuant to section 321J.2, subsection 2, paragraph
  5 35 "a"."
  5 36    #4.  Page 1, by inserting after line 27 the
  5 37 following:
  5 38    "Sec. __.  FUTURE EFFECTIVE DATE.  Section 100 of
  5 39 this Act shall take effect July 1, 2003."
  5 40    #5.  Title page, line 1, by striking the words
  5 41 "providing for a .08 blood alcohol concentration limit
  5 42 for" and inserting the following:  "relating to".
  5 43    #6.  Title page, line 2, by inserting after the
  5 44 word "offenses" the following:  ", and providing an
  5 45 effective date".
  5 46    #7.  By renumbering as necessary.  
  5 47 
  5 48 
  5 49                               
  5 50 HORBACH of Tama
  6  1 
  6  2 
  6  3                               
  6  4 KETTERING of Sac 
  6  5 
  6  6 
  6  7                               
  6  8 DOTZLER of Black Hawk 
  6  9 
  6 10 
  6 11                               
  6 12 CHIODO of Polk 
  6 13 
  6 14 
  6 15                               
  6 16 BRUNKHORST of Bremer 
  6 17 
  6 18 
  6 19                               
  6 20 HEATON of Henry 
  6 21 
  6 22 
  6 23                               
  6 24 HANSEN of Pottawattamie 
  6 25 
  6 26 
  6 27                               
  6 28 TYRRELL of Iowa 
  6 29 
  6 30 
  6 31                               
  6 32 ELGIN of Linn 
  6 33 
  6 34 
  6 35                               
  6 36 MERTZ of Kossuth 
  6 37 SF 2144.3
  6 38 rh/es/25
     

Text: H08566                            Text: H08568
Text: H08500 - H08599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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