Senate File 2382 S-5051 Amend Senate File 2382 as follows: 1 1. Page 1, by striking lines 17 through 19 and inserting 2 < record of the conviction and the conviction for a violation 3 of a local ordinance that arose from the same transaction or 4 occurrence be expunged by the clerk of the district court. > 5 2. Page 1, line 31, after < offense > by inserting < in the 6 county where the conviction occurred > 7 3. By striking page 1, line 34, through page 2, line 5, and 8 inserting < have passed since the date of the conviction, the 9 defendant has no pending criminal charges, and all court costs, 10 fees, fines, and restitution > 11 4. Page 2, by striking lines 8 and 9 and inserting: 12 < 2. Upon objection by the county attorney to the 13 application, the court shall dismiss the application if any of 14 the following apply: > 15 5. Page 3, after line 9 by inserting: 16 < z. The defendant is the subject of a protective order or a 17 no-contact order. 18 aa. The defendant has been subsequently convicted of or 19 granted a deferred judgment for any criminal offense, other 20 than a simple misdemeanor conviction under chapter 321 or of a 21 similar local ordinance. 22 ab. The defendant has previously been granted two deferred 23 judgments. > 24 6. Page 3, line 10, by striking < allowed to apply for > and 25 inserting < granted > 26 7. By striking page 3, line 34, through page 4, line 19. 27 8. Page 5, line 7, by striking < a. > 28 9. Page 5, by striking lines 14 through 23. 29 10. Page 17, line 8, by striking < information, or 30 indictment > and inserting < information, indictment, or jury 31 instruction > 32 11. Page 18, line 6, after < applicant, > by inserting 33 < applicant’s attorney, > 34 12. Page 18, by striking lines 21 through 23 and inserting 35 -1- SF2382.4176 (1) 87 jm/rh 1/ 4 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11.

< paragraph “a” , any information provided by an attorney, 1 law enforcement agency, witness, or any person with relevant 2 information to the medical examiner conducting the autopsy. > 3 13. Page 18, line 28, after < cause and > by inserting < cause 4 or > 5 14. Page 19, by striking line 8 and inserting < provided by 6 an attorney, investigative agency, or witness, and any report 7 deemed necessary by the medical examiner to accurately certify 8 the cause and manner of death which are included in the report 9 of the medical examiner > 10 15. Page 19, by striking lines 22 through 26 and inserting: 11 < b. In conducting an investigation or autopsy under this 12 part, including but not limited to developing a clinical 13 history of the decedent and formulating findings and 14 conclusions or forming opinions as to the cause and manner of 15 death, the state medical examiner or county medical examiner 16 may use any information provided or available for review, 17 including but not limited to information or statements by a 18 witness, a suspect, or any other person with information which 19 is provided by or obtained in the course of a law enforcement 20 investigation. Such information or statements which the 21 medical examiner has used in making the findings, conclusions, 22 and opinions may also be included in the report of the medical 23 examiner. A court shall not exclude the medical examiner’s 24 report or opinion as to the cause or manner of death on the 25 basis that the medical examiner relied on information from 26 other persons or from a law enforcement agency in forming that 27 report or opinion. Admission of such a report or opinion shall 28 not constitute reversible error. > 29 16. Page 19, by striking lines 27 through 31. 30 17. Page 22, after line 1 by inserting: 31 < Sec. ___. Section 321J.20, subsection 10, Code 2018, is 32 amended to read as follows: 33 10. Notwithstanding any other provision of law to the 34 contrary, in any circumstance in which this chapter requires 35 -2- SF2382.4176 (1) 87 jm/rh 2/ 4 #13. #14. #15. #16. #17.

the installation of an ignition interlock device in all 1 vehicles owned or operated by a person as a condition of the 2 person’s license or privilege to operate noncommercial motor 3 vehicles, the department shall require the person to be a 4 participant in and in compliance with a sobriety and drug 5 monitoring program established pursuant to chapter 901D if the 6 person’s offense under this chapter qualifies as an eligible 7 offense as defined in section 901D.2 , and the person’s offense 8 occurred in a participating jurisdiction, as defined in section 9 901D.2 . The requirement to participate in and comply with a 10 sobriety and drug monitoring program shall continue for such 11 period as is required under section 901D.7. The department of 12 public safety shall notify the department when the participant 13 has completed participation in the sobriety and drug monitoring 14 program. This subsection shall not apply if the court enters 15 an order finding the person is not required to participate 16 in a sobriety and drug monitoring program. The department, 17 in consultation with the department of public safety, may 18 adopt rules for issuing and accepting a certification of 19 participation in and compliance with a program established 20 pursuant to chapter 901D . This subsection shall be construed 21 and implemented to comply with 23 U.S.C. §164(a), as amended by 22 the federal Fixing America’s Surface Transportation Act, Pub. 23 L. No. 114-94, §1414, and shall not apply if such application 24 results in a finding of noncompliance with 23 U.S.C. §164 that 25 results or will result in a reservation or transfer of funds 26 pursuant to 23 U.S.C. §164(b). This subsection shall not 27 authorize the operation of a motor vehicle for any purpose not 28 otherwise authorized by this chapter . > 29 18. Page 22, line 4, by striking < twenty-five > and inserting 30 < thirty > 31 19. Page 22, after line 20 by inserting: 32 < Sec. ___. Section 901D.7, subsection 2, Code 2018, is 33 amended to read as follows: 34 2. An order or directive placing a participant in the 35 -3- SF2382.4176 (1) 87 jm/rh 3/ 4 #18. #19.

program shall include the type of testing required to be 1 administered in the program and the length of time that the 2 participant is required to remain in the program. The length 3 of the program shall not be less than ninety days and the order 4 or directive shall include a requirement that the participant 5 not have a failed test result or have missed a required test 6 thirty days prior to the end of participation in the program. 7 The person issuing the order or directive shall send a copy of 8 the order or directive to the law enforcement agency of the 9 participating jurisdiction. > 10 20. By renumbering as necessary. 11 ______________________________ DAN DAWSON -4- SF2382.4176 (1) 87 jm/rh 4/ 4 #20.