HF 2165 (LSB 6066HH (3) 83)

HOUSE FILE 2165

BY  FORD

A BILL FOR

An Act relating to the use of a preliminary screening test in certain alcohol-related offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  123.47C  Preliminary screening test.

   When a peace officer has reasonable grounds to believe that a violation of section 123.46 or 123.47 has occurred, the peace officer may request that the person provide a sample of the person’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose. The results of this preliminary screening test may be used as evidence in a prosecution of a violation of section 123.46 or 123.47.
EXPLANATION
   This bill provides that when a peace officer has reasonable grounds to believe that a violation of Code section 123.46 (consumption of alcohol or intoxication in public) or Code section 123.47 (possession of alcohol by a minor) has occurred, the peace officer may request that the person provide a sample of the person’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose. The results of this preliminary screening test may be used as evidence in a prosecution of a violation of Code section 123.46 or 123.47.