Text: H01008 Text: H01010 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 65 as follows: 1 2 #1. Page 1, by inserting after line 4 the 1 3 following: 1 4 "Sec. . Section 321J.2, subsection 2, paragraph 1 5 a, subparagraph (3), Code 2003, is amended to read as 1 6 follows: 1 7 (3) Revocation of the person's driver's license 1 8 pursuant to section 321J.4, subsection 1, section 1 9 321J.9, or section 321J.12, subsection 2, which 1 10 includes a minimum revocation period of one hundred 1 11 eighty days,including a minimum period of1 12ineligibility for a temporary restricted license of1 13thirty days,and may involve a revocation period of 1 14 one year. The defendant shall not be eligible for any 1 15 temporary restricted license for at least thirty days 1 16 if a test was obtained, and an accident resulting in 1 17 personal injury or property damage occurred or the 1 18 defendant's alcohol concentration exceeded .15. There 1 19 shall be no such period of ineligibility if no such 1 20 accident occurred and the defendant's alcohol 1 21 concentration did not exceed .15. A revocation under 1 22 section 321J.9 includes a minimum period of 1 23 ineligibility for a temporary restricted license of 1 24 ninety days. 1 25 Sec. . Section 321J.4, subsections 1 and 3, 1 26 Code 2003, are amended to read as follows: 1 27 1. If a defendant is convicted of a violation of 1 28 section 321J.2 and the defendant's driver's license or 1 29 nonresident operating privilege has not been revoked 1 30 under section 321J.9 or 321J.12 for the occurrence 1 31 from which the arrest arose, the department shall 1 32 revoke the defendant's driver's license or nonresident 1 33 operating privilege for one hundred eighty days if the 1 34 defendant has had no previous conviction or revocation 1 35 under this chapter. The defendant shall not be 1 36 eligible for any temporary restricted licensefor at1 37least thirty days after the effective date of the1 38revocation if a test was obtained andfor at least 1 39 ninety days if a test was refused under section 1 40 321J.9. The defendant shall be not eligible for any 1 41 temporary restricted license for at least thirty days 1 42 if a test was obtained, and an accident resulting in 1 43 personal injury or property damage occurred or the 1 44 defendant's alcohol concentration exceeded .15. There 1 45 shall be no such period of ineligibility if no such 1 46 accident occurred and the defendant's alcohol 1 47 concentration did not exceed .15. The department 1 48 shall not require the defendant to install an ignition 1 49 interlock device as a condition precedent to receiving 1 50 a temporary restricted license unless the court so 2 1 orders, pursuant to subsection 8. If the defendant is 2 2 under the age of twenty-one, the defendant shall not 2 3 be eligible for a temporary restricted license for at 2 4 least sixty days after the effective date of 2 5 revocation. 2 6 3. If the court defers judgment pursuant to 2 7 section 907.3 for a violation of section 321J.2, and 2 8 if the defendant's driver's license or nonresident 2 9 operating privilege has not been revoked under section 2 10 321J.9 or 321J.12, or has not otherwise been revoked 2 11 for the occurrence from which the arrest arose, the 2 12 department shall revoke the defendant's driver's 2 13 license or nonresident operating privilege for a 2 14 period of not less than thirty days nor more than 2 15 ninety days. The defendant shall not be eligible for 2 16 any temporary restricted license for at leastthirty2 17days after the effective date of the revocation if a2 18test was obtained and for at leastninety days if a 2 19 test was refused. The defendant shall not be eligible 2 20 for any temporary restricted license for at least 2 21 thirty days if a test was obtained, and an accident 2 22 resulting in personal injury or property damage 2 23 occurred or the defendant's alcohol concentration 2 24 exceeded .15. There shall be no such period of 2 25 ineligibility if no such accident occurred and the 2 26 defendant's alcohol concentration did not exceed .15. 2 27 The department shall not require the defendant to 2 28 install an ignition interlock device as a condition 2 29 precedent to receiving a temporary restricted license 2 30 unless the court so orders, pursuant to subsection 8. 2 31 If the defendant is under the age of twenty-one, the 2 32 defendant shall not be eligible for a temporary 2 33 restricted license for at least sixty days after the 2 34 effective date of the revocation." 2 35 #2. Page 1, by inserting after line 10 the 2 36 following: 2 37 "Sec. . Section 321J.12, subsection 2, Code 2 38 2003, is amended to read as follows: 2 39 2. A person whose driver's license or nonresident 2 40 operating privileges have been revoked under 2 41 subsection 1, paragraph "a", shall not be eligible for 2 42 any temporary restricted license for at least thirty 2 43 days after the effective date of the revocation if an 2 44 accident resulting in personal injury or property 2 45 damage occurred and the defendant's alcohol 2 46 concentration exceeded .15. There shall be no such 2 47 period of ineligibility if no such accident occurred 2 48 and the defendant's alcohol concentration did not 2 49 exceed .15. The department shall not require the 2 50 defendant to install an ignition interlock device as a 3 1 condition precedent to receiving a temporary 3 2 restricted license unless the court so orders, 3 3 pursuant to section 321J.4, subsection 8. If the 3 4 person is under the age of twenty-one, the person 3 5 shall not be eligible for a temporary restricted 3 6 license for at least sixty days after the effective 3 7 date of the revocation. A person whose license or 3 8 privileges have been revoked under subsection 1, 3 9 paragraph "b", for one year shall not be eligible for 3 10 any temporary restricted license for one year after 3 11 the effective date of the revocation." 3 12 #3. Page 1, by inserting after line 25 the 3 13 following: 3 14 "Sec. . Section 321J.20, subsection 6, Code 3 15 2003, is amended to read as follows: 3 16 6. Following certain minimum periods of 3 17 ineligibility, a temporary restricted license under 3 18 this section shall not be issued until such time as 3 19 the applicant installs an ignition interlock device of 3 20 a type approved by the commissioner of public safety 3 21 on all motor vehicles owned or operated by the 3 22 applicant, in accordance with section 321J.4, 3 23 subsections 2 and 4. Installation of an ignition 3 24 interlock device under this section shall be required 3 25 for the period of time for which the temporary 3 26 restricted license is issued." 3 27 #4. Title page, line 1, by striking the words and 3 28 figure "providing for a .08 blood alcohol 3 29 concentration limit for" and inserting the following: 3 30 "relating to". 3 31 #5. By renumbering as necessary. 3 32 3 33 3 34 3 35 HORBACH of Tama 3 36 HF 65.505 80 3 37 rh/pj
Text: H01008 Text: H01010 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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