House File 629 - Introduced



                                       HOUSE FILE       
                                       BY  WORTHAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the use of the results of a preliminary
  2    screening test to determine alcohol consumption.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1999HH 82
  5 rh/es/88

PAG LIN



  1  1    Section 1.  Section 321J.5, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  The results of this preliminary screening test may be
  1  4 used for the purpose of deciding whether an arrest should be
  1  5 made or whether to request a chemical test authorized in this
  1  6 chapter, but shall not be used in any court action proceeding
  1  7 under this chapter except to prove that a chemical test was
  1  8 properly requested of a person pursuant to this chapter.  This
  1  9 section shall not prohibit or limit the use of the results of
  1 10 a preliminary screening test in any proceeding conducted
  1 11 pursuant to section 123.46, 123.47, or 123.49.
  1 12                           EXPLANATION
  1 13    This bill relates to the use of the results of a
  1 14 preliminary screening test to determine alcohol consumption.
  1 15    The bill provides that the results of a preliminary
  1 16 screening test may be used for the purpose of deciding whether
  1 17 an arrest should be made or whether to request a chemical test
  1 18 in operating=while=intoxicated (OWI) cases (Code chapter
  1 19 321J), but shall not be used as evidence in a prosecution
  1 20 under Code chapter 321J except to prove that a chemical test
  1 21 was properly requested of a person.  The bill does not
  1 22 prohibit or limit the use of the results of a preliminary
  1 23 screening test in any proceeding involving public alcohol
  1 24 consumption or intoxication, underage possession of alcohol,
  1 25 the illegal sale or dispension of alcohol to an intoxicated
  1 26 person, certain actions by a person or club holding a liquor
  1 27 control license or retail wine or beer permit, and an underage
  1 28 person who misrepresents the person's age.
  1 29 LSB 1999HH 82
  1 30 rh:nh/es/88