Text: H01009 Text: H01011 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. The defendant shall be ordered to 1 25 install an ignition interlock device of a type 1 26 approved by the commissioner of public safety on all 1 27 vehicles owned by the defendant if the defendant seeks 1 28 a temporary license. 1 29 Sec. . Section 321J.4, subsections 1 and 3, 1 30 Code 2003, are amended to read as follows: 1 31 1. If a defendant is convicted of a violation of 1 32 section 321J.2 and the defendant's driver's license or 1 33 nonresident operating privilege has not been revoked 1 34 under section 321J.9 or 321J.12 for the occurrence 1 35 from which the arrest arose, the department shall 1 36 revoke the defendant's driver's license or nonresident 1 37 operating privilege for one hundred eighty days if the 1 38 defendant has had no previous conviction or revocation 1 39 under this chapter. The defendant shall not be 1 40 eligible for any temporary restricted licensefor at1 41least thirty days after the effective date of the1 42revocation if a test was obtained andfor at least 1 43 ninety days if a test was refused under section 1 44 321J.9. The defendant shall be not eligible for any 1 45 temporary restricted license for at least thirty days 1 46 if a test was obtained, and an accident resulting in 1 47 personal injury or property damage occurred or the 1 48 defendant's alcohol concentration exceeded .15. There 1 49 shall be no such period of ineligibility if no such 1 50 accident occurred and the defendant's alcohol 2 1 concentration did not exceed .15. The defendant shall 2 2 be ordered to install an ignition interlock device of 2 3 a type approved by the commissioner of public safety 2 4 on all vehicles owned by the defendant if the 2 5 defendant seeks a temporary restricted license. If 2 6 the defendant is under the age of twenty-one, the 2 7 defendant shall not be eligible for a temporary 2 8 restricted license for at least sixty days after the 2 9 effective date of revocation. 2 10 3. If the court defers judgment pursuant to 2 11 section 907.3 for a violation of section 321J.2, and 2 12 if the defendant's driver's license or nonresident 2 13 operating privilege has not been revoked under section 2 14 321J.9 or 321J.12, or has not otherwise been revoked 2 15 for the occurrence from which the arrest arose, the 2 16 department shall revoke the defendant's driver's 2 17 license or nonresident operating privilege for a 2 18 period of not less than thirty days nor more than 2 19 ninety days. The defendant shall not be eligible for 2 20 any temporary restricted license for at leastthirty2 21days after the effective date of the revocation if a2 22test was obtained and for at leastninety days if a 2 23 test was refused. The defendant shall not be eligible 2 24 for any temporary restricted license for a least 2 25 thirty days if a test was obtained, and an accident 2 26 resulting in personal injury or property damage 2 27 occurred or the defendant's alcohol concentration 2 28 exceeded .15. There shall be no such period of 2 29 ineligibility if no such accident occurred and the 2 30 defendant's alcohol concentration did not exceed .15. 2 31 The defendant shall be ordered to install an ignition 2 32 interlock device of a type approved by the 2 33 commissioner of public safety on all vehicles owned by 2 34 the defendant if the defendant seeks a temporary 2 35 restricted license. If the defendant is under the age 2 36 of twenty-one, the defendant shall not be eligible for 2 37 a temporary restricted license for at least sixty days 2 38 after the effective date of the revocation." 2 39 #2. Page 1, by inserting after line 10 the 2 40 following: 2 41 "Sec. . Section 321J.12, subsection 2, Code 2 42 2003, is amended to read as follows: 2 43 2. a. A person whose driver's license or 2 44 nonresident operating privileges have been revoked 2 45 under subsection 1, paragraph "a", shall not be 2 46 eligible for any temporary restricted license for at 2 47 least thirty days after the effective date of the 2 48 revocation if an accident resulting in personal injury 2 49 or property damage occurred or the defendant's alcohol 2 50 concentration exceeded .15. There shall be no such 3 1 period of ineligibility if no such accident occurred 3 2 and the defendant's alcohol concentration did not 3 3 exceed .15. If the person is under the age of twenty- 3 4 one, the person shall not be eligible for a temporary 3 5 restricted license for at least sixty days after the 3 6 effective date of the revocation. A person whose 3 7 license or privileges have been revoked under 3 8 subsection 1, paragraph "b", for one year shall not be 3 9 eligible for any temporary restricted license for one 3 10 year after the effective date of the revocation. 3 11 b. The defendant shall be ordered to install an 3 12 ignition interlock device of a type approved by the 3 13 commissioner of public safety on all vehicles owned or 3 14 operated by the defendant if the defendant seeks a 3 15 temporary restricted license at the end of the minimum 3 16 period of ineligibility. A temporary restricted 3 17 license shall not be granted by the department until 3 18 the defendant installs the ignition interlock device." 3 19 #3. Page 1, by inserting after line 25 the 3 20 following: 3 21 "Sec. . Section 321J.20, subsection 6, Code 3 22 2003, is amended to read as follows: 3 23 6. Following certain minimum periods of 3 24 ineligibility, a temporary restricted license under 3 25 this section shall not be issued until such time as 3 26 the applicant installs an ignition interlock device of 3 27 a type approved by the commissioner of public safety 3 28 on all motor vehicles owned or operated by the 3 29 applicant, in accordance with section 321J.2, 321J.4, 3 30 321J.9, or 321J.12. Installation of an ignition 3 31 interlock device under this section shall be required 3 32 for the period of time for which the temporary 3 33 restricted license is issued." 3 34 #4. Title page, line 1, by striking the words and 3 35 figure "providing for a .08 blood alcohol 3 36 concentration limit for" and inserting the following: 3 37 "relating to". 3 38 #5. By renumbering as necessary. 3 39 3 40 3 41 3 42 BAUDLER of Adair 3 43 HF 65.204 80 3 44 rh/sh
Text: H01009 Text: H01011 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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