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House Amendment 1010

Amendment Text

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 of
  1 12 ineligibility for a temporary restricted license of
  1 13 thirty 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  1 33 nonresident operating privilege has not been revoked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 license for at
  1 41 least thirty days after the effective date of the
  1 42 revocation if a test was obtained and for 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 least thirty
  2 21 days after the effective date of the revocation if a
  2 22 test was obtained and for at least ninety 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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