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House File 65

Partial Bill History

Bill Text

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 period
  1 18 of ineligibility for a temporary restricted license of thirty
  1 19 days, 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 license for at least thirty days
  2 23 after the effective date of the revocation if a test was
  2 24 obtained and for 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 least thirty days after the
  3 29 effective date of the revocation if a test was obtained and
  3 30 for at least ninety 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 concentration as defined in section 321J.1 of .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
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