Text: HF00064 Text: HF00066 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 65 1 2 1 3 AN ACT 1 4 RELATING TO MOTOR VEHICLE OPERATING WHILE INTOXICATED OFFENSES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 321J.2, subsection 1, paragraph b, Code 1 9 2003, is amended to read as follows: 1 10 b. While having an alcohol concentration of.10.08 or 1 11 more. 1 12 Sec. 2. Section 321J.2, subsection 2, paragraph a, 1 13 subparagraph (3), Code 2003, is amended to read as follows: 1 14 (3) Revocation of the person's driver's license pursuant 1 15 to section 321J.4, subsection 1, section 321J.9, or section 1 16 321J.12, subsection 2, which includes a minimum revocation 1 17 period of one hundred eighty days,including a minimum period1 18of ineligibility for a temporary restricted license of thirty1 19days,and may involve a revocation period of one year. A 1 20 revocation under section 321J.9 includes a minimum period of 1 21 ineligibility for a temporary restricted license of ninety 1 22 days. 1 23 (a) A defendant whose alcohol concentration is .08 or more 1 24 but not more than .10 shall not be eligible for any temporary 1 25 restricted license for at least thirty days if a test was 1 26 obtained and an accident resulting in personal injury or 1 27 property damage occurred. The defendant shall be ordered to 1 28 install an ignition interlock device of a type approved by the 1 29 commissioner of public safety on all vehicles owned by the 1 30 defendant if the defendant seeks a temporary restricted 1 31 license. There shall be no such period of ineligibility if no 1 32 such accident occurred, and the defendant shall not be ordered 1 33 to install an ignition interlock device. 1 34 (b) A defendant whose alcohol concentration is more than 1 35 .10 shall not be eligible for any temporary restricted license 2 1 for at least thirty days if a test was obtained, and an 2 2 accident resulting in personal injury or property damage 2 3 occurred or the defendant's alcohol concentration exceeded 2 4 .15. There shall be no such period of ineligibility if no 2 5 such accident occurred and the defendant's alcohol 2 6 concentration did not exceed .15. In either case, where a 2 7 defendant's alcohol concentration is more than .10, the 2 8 defendant shall be ordered to install an ignition interlock 2 9 device of a type approved by the commissioner of public safety 2 10 on all vehicles owned by the defendant if the defendant seeks 2 11 a temporary restricted license. 2 12 Sec. 3. Section 321J.4, subsections 1 and 3, Code 2003, 2 13 are amended to read as follows: 2 14 1. If a defendant is convicted of a violation of section 2 15 321J.2 and the defendant's driver's license or nonresident 2 16 operating privilege has not been revoked under section 321J.9 2 17 or 321J.12 for the occurrence from which the arrest arose, the 2 18 department shall revoke the defendant's driver's license or 2 19 nonresident operating privilege for one hundred eighty days if 2 20 the defendant has had no previous conviction or revocation 2 21 under this chapter. The defendant shall not be eligible for 2 22 any temporary restricted licensefor at least thirty days2 23after the effective date of the revocation if a test was2 24obtained andfor at least ninety days if a test was refused 2 25 under section 321J.9. 2 26 a. A defendant whose alcohol concentration is .08 or more 2 27 but not more than .10 shall not be eligible for any temporary 2 28 restricted license for at least thirty days if a test was 2 29 obtained and an accident resulting in personal injury or 2 30 property damage occurred. The defendant shall be ordered to 2 31 install an ignition interlock device of a type approved by the 2 32 commissioner of public safety on all vehicles owned by the 2 33 defendant if the defendant seeks a temporary restricted 2 34 license. There shall be no such period of ineligibility if no 2 35 such accident occurred, and the defendant shall not be ordered 3 1 to install an ignition interlock device. 3 2 b. A defendant whose alcohol concentration is more than 3 3 .10 shall not be eligible for any temporary restricted license 3 4 for at least thirty days if a test was obtained, and an 3 5 accident resulting in personal injury or property damage 3 6 occurred or the defendant's alcohol concentration exceeded 3 7 .15. There shall be no such period of ineligibility if no 3 8 such accident occurred and the defendant's alcohol 3 9 concentration did not exceed .15. In either case, where a 3 10 defendant's alcohol concentration is more than .10, the 3 11 defendant shall be ordered to install an ignition interlock 3 12 device of a type approved by the commissioner of public safety 3 13 on all vehicles owned by the defendant if the defendant seeks 3 14 a temporary restricted license. 3 15 c. If the defendant is under the age of twenty-one, the 3 16 defendant shall not be eligible for a temporary restricted 3 17 license for at least sixty days after the effective date of 3 18 revocation. 3 19 3. If the court defers judgment pursuant to section 907.3 3 20 for a violation of section 321J.2, and if the defendant's 3 21 driver's license or nonresident operating privilege has not 3 22 been revoked under section 321J.9 or 321J.12, or has not 3 23 otherwise been revoked for the occurrence from which the 3 24 arrest arose, the department shall revoke the defendant's 3 25 driver's license or nonresident operating privilege for a 3 26 period of not less than thirty days nor more than ninety days. 3 27 The defendant shall not be eligible for any temporary 3 28 restricted license for at leastthirty days after the3 29effective date of the revocation if a test was obtained and3 30for at leastninety days if a test was refused. 3 31 a. A defendant whose alcohol concentration is .08 or more 3 32 but not more than .10 shall not be eligible for any temporary 3 33 restricted license for at least thirty days if a test was 3 34 obtained and an accident resulting in personal injury or 3 35 property damage occurred. The defendant shall be ordered to 4 1 install an ignition interlock device of a type approved by the 4 2 commissioner of public safety on all vehicles owned by the 4 3 defendant if the defendant seeks a temporary restricted 4 4 license. There shall be no such period of ineligibility if no 4 5 such accident occurred, and the defendant shall not be ordered 4 6 to install an ignition interlock device. 4 7 b. A defendant whose alcohol concentration is more than 4 8 .10 shall not be eligible for any temporary restricted license 4 9 for at least thirty days if a test was obtained, and an 4 10 accident resulting in personal injury or property damage 4 11 occurred or the defendant's alcohol concentration exceeded 4 12 .15. There shall be no such period of ineligibility if no 4 13 such accident occurred and the defendant's alcohol 4 14 concentration did not exceed .15. In either case, where a 4 15 defendant's alcohol concentration is more than .10, the 4 16 defendant shall be ordered to install an ignition interlock 4 17 device of a type approved by the commissioner of public safety 4 18 on all vehicles owned by the defendant if the defendant seeks 4 19 a temporary restricted license. 4 20 c. If the defendant is under the age of twenty-one, the 4 21 defendant shall not be eligible for a temporary restricted 4 22 license for at least sixty days after the effective date of 4 23 the revocation. 4 24 Sec. 4. Section 321J.6, subsection 1, paragraph g, Code 4 25 2003, is amended to read as follows: 4 26 g. The preliminary breath screening test was administered 4 27 and it indicated an alcohol concentration of .02 or more but 4 28 less than.10.08 and the person is under the age of twenty- 4 29 one. 4 30 Sec. 5. Section 321J.12, subsection 2, Code 2003, is 4 31 amended to read as follows: 4 32 2. a. A person whose driver's license or nonresident 4 33 operating privileges have been revoked under subsection 1, 4 34 paragraph "a", whose alcohol concentration is .08 or more but 4 35 not more than .10 shall not be eligible for any temporary 5 1 restricted license for at least thirty days after the 5 2 effective date of the revocation if a test was obtained and an 5 3 accident resulting in personal injury or property damage 5 4 occurred. The defendant shall be ordered to install an 5 5 ignition interlock device of a type approved by the 5 6 commissioner of public safety on all vehicles owned by the 5 7 defendant if the defendant seeks a temporary license. There 5 8 shall be no such period of ineligibility if no such accident 5 9 occurred, and the defendant shall not be ordered to install an 5 10 ignition interlock device. 5 11 b. A defendant whose alcohol concentration is more than 5 12 .10 shall not be eligible for any temporary restricted license 5 13 for at least thirty days if a test was obtained, and an 5 14 accident resulting in personal injury or property damage 5 15 occurred or the defendant's alcohol concentration exceeded 5 16 .15. There shall be no such period of ineligibility if no 5 17 such accident occurred and the defendant's alcohol 5 18 concentration did not exceed .15. In either case, where a 5 19 defendant's alcohol concentration is more than .10, the 5 20 defendant shall be ordered to install an ignition interlock 5 21 device of a type approved by the commissioner of public safety 5 22 on all vehicles owned by the defendant if the defendant seeks 5 23 a temporary restricted license. 5 24 c. If the person is under the age of twenty-one, the 5 25 person shall not be eligible for a temporary restricted 5 26 license for at least sixty days after the effective date of 5 27 the revocation. 5 28 d. A person whose license or privileges have been revoked 5 29 under subsection 1, paragraph "b", for one year shall not be 5 30 eligible for any temporary restricted license for one year 5 31 after the effective date of the revocation, and the person 5 32 shall be ordered to install an ignition interlock device of a 5 33 type approved by the commissioner of public safety on all 5 34 vehicles owned or operated by the defendant if the defendant 5 35 seeks a temporary restricted license at the end of the minimum 6 1 period of ineligibility. A temporary restricted license shall 6 2 not be granted by the department until the defendant installs 6 3 the ignition interlock device. 6 4 Sec. 6. Section 321J.12, subsection 5, Code 2003, is 6 5 amended to read as follows: 6 6 5. Upon certification, subject to penalty of perjury, by 6 7 the peace officer that there existed reasonable grounds to 6 8 believe that the person had been operating a motor vehicle in 6 9 violation of section 321J.2A, that there existed one or more 6 10 of the necessary conditions for chemical testing described in 6 11 section 321J.6, subsection 1, and that the person submitted to 6 12 chemical testing and the test results indicated an alcohol 6 13 concentrationas defined in section 321J.1of .02 or more but 6 14 less than.10.08, the department shall revoke the person's 6 15 driver's license or operating privilege for a period of sixty 6 16 days if the person has had no previous revocation under this 6 17 chapter, and for a period of ninety days if the person has had 6 18 a previous revocation under this chapter. 6 19 Sec. 7. Section 321J.20, subsection 6, Code 2003, is 6 20 amended to read as follows: 6 21 6. Following certain minimum periods of ineligibility, a 6 22 temporary restricted license under this section shall not be 6 23 issued until such time as the applicant installs an ignition 6 24 interlock device of a type approved by the commissioner of 6 25 public safety on all motor vehicles owned or operated by the 6 26 applicant, in accordance with section 321J.2, 321J.4, 321J.9, 6 27 or 321J.12. Installation of an ignition interlock device 6 28 under this section shall be required for the period of time 6 29 for which the temporary restricted license is issued. 6 30 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 31 3, shall not apply to this Act. 6 32 6 33 6 34 6 35 CHRISTOPHER C. RANTS 7 1 Speaker of the House 7 2 7 3 7 4 7 5 MARY E. KRAMER 7 6 President of the Senate 7 7 7 8 I hereby certify that this bill originated in the House and 7 9 is known as House File 65, Eightieth General Assembly. 7 10 7 11 7 12 7 13 MARGARET THOMSON 7 14 Chief Clerk of the House 7 15 Approved , 2003 7 16 7 17 7 18 7 19 THOMAS J. VILSACK 7 20 Governor
Text: HF00064 Text: HF00066 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/HF/00000/HF00065/030417.html
jhf