S-5051

   Amend Senate File 2382 as follows:
   1.  Page 1, by striking lines 17 through 19 and inserting <record of the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence be expunged by the clerk of the district court.>
   2.  Page 1, line 31, after <offense> by inserting <in the county where the conviction occurred>
   3.  By striking page 1, line 34, through page 2, line 5, and inserting <have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution>
   4.  Page 2, by striking lines 8 and 9 and inserting: 
   <2.  Upon objection by the county attorney to the application, the court shall dismiss the application if any of the following apply:>
   5.  Page 3, after line 9 by inserting: 
   <z.  The defendant is the subject of a protective order or a no-contact order.
   aa.  The defendant has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under chapter 321 or of a similar local ordinance.
   ab.  The defendant has previously been granted two deferred judgments.>
   6.  Page 3, line 10, by striking <allowed to apply for> and inserting <granted>
   7.  By striking page 3, line 34, through page 4, line 19.
   8.  Page 5, line 7, by striking <a.>
   9.  Page 5, by striking lines 14 through 23.
   10.  Page 17, line 8, by striking <information, or indictment> and inserting <information, indictment, or jury instruction>
   11.  Page 18, line 6, after <applicant,> by inserting <applicant’s attorney,>
   12.  Page 18, by striking lines 21 through 23 and inserting <paragraph “a”, any information provided by an attorney, law enforcement agency, witness, or any person with relevant information to the medical examiner conducting the autopsy.>
   13.  Page 18, line 28, after <cause and> by inserting <cause or>
   14.  Page 19, by striking line 8 and inserting <provided by an attorney, investigative agency, or witness, and any report deemed necessary by the medical examiner to accurately certify the cause and manner of death which are included in the report of the medical examiner>
   15.  Page 19, by striking lines 22 through 26 and inserting: 
   <b.  In conducting an investigation or autopsy under this part, including but not limited to developing a clinical history of the decedent and formulating findings and conclusions or forming opinions as to the cause and manner of death, the state medical examiner or county medical examiner may use any information provided or available for review, including but not limited to information or statements by a witness, a suspect, or any other person with information which is provided by or obtained in the course of a law enforcement investigation. Such information or statements which the medical examiner has used in making the findings, conclusions, and opinions may also be included in the report of the medical examiner. A court shall not exclude the medical examiner’s report or opinion as to the cause or manner of death on the basis that the medical examiner relied on information from other persons or from a law enforcement agency in forming that report or opinion. Admission of such a report or opinion shall not constitute reversible error.>
   16.  Page 19, by striking lines 27 through 31.
   17.  Page 22, after line 1 by inserting: 
   <Sec. ___.  Section 321J.20, subsection 10, Code 2018, is amended to read as follows:
   10.  Notwithstanding any other provision of law to the contrary, in any circumstance in which this chapter requires the installation of an ignition interlock device in all vehicles owned or operated by a person as a condition of the person’s license or privilege to operate noncommercial motor vehicles, the department shall require the person to be a participant in and in compliance with a sobriety and drug monitoring program established pursuant to chapter 901D if the person’s offense under this chapter qualifies as an eligible offense as defined in section 901D.2, and the person’s offense occurred in a participating jurisdiction, as defined in section 901D.2.  The requirement to participate in and comply with a sobriety and drug monitoring program shall continue for such period as is required under section 901D.7. The department of public safety shall notify the department when the participant has completed participation in the sobriety and drug monitoring program. This subsection shall not apply if the court enters an order finding the person is not required to participate in a sobriety and drug monitoring program. The department, in consultation with the department of public safety, may adopt rules for issuing and accepting a certification of participation in and compliance with a program established pursuant to chapter 901D. This subsection shall be construed and implemented to comply with 23 U.S.C. §164(a), as amended by the federal Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, §1414, and shall not apply if such application results in a finding of noncompliance with 23 U.S.C. §164 that results or will result in a reservation or transfer of funds pursuant to 23 U.S.C. §164(b). This subsection shall not authorize the operation of a motor vehicle for any purpose not otherwise authorized by this chapter.>
   18.  Page 22, line 4, by striking <twenty-five> and inserting <thirty>
   19.  Page 22, after line 20 by inserting: 
   <Sec. ___.  Section 901D.7, subsection 2, Code 2018, is amended to read as follows:
   2.  An order or directive placing a participant in the program shall include the type of testing required to be administered in the program and the length of time that the participant is required to remain in the program.  The length of the program shall not be less than ninety days and the order or directive shall include a requirement that the participant not have a failed test result or have missed a required test thirty days prior to the end of participation in the program. The person issuing the order or directive shall send a copy of the order or directive to the law enforcement agency of the participating jurisdiction.>
   20.  By renumbering as necessary.

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DAN DAWSON