H.F. _____ Section 1. Section 321J.2, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. A person who violates subsection 1 commits: 3 a. A serious misdemeanor for the first offense. 4 b. An aggravated misdemeanor for a second offense. 5 c. A class “D” felony for a third offense and each 6 subsequent offense . 7 d. A class “C” felony for a fourth offense and each 8 subsequent offense. 9 Sec. 2. Section 321J.2, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 5A. A fourth offense and each subsequent 12 offense is punishable by all of the following: 13 a. Commitment to the custody of the director of the 14 department of corrections for an indeterminate term not to 15 exceed ten years. 16 b. Assessment of a minimum fine of five thousand six hundred 17 seventy-five dollars and a maximum fine of twelve thousand 18 five hundred dollars. Surcharges and fees shall be assessed 19 pursuant to chapter 911. 20 c. Revocation of the person’s driver’s license for a period 21 of six years pursuant to section 321J.4, subsection 4. 22 d. Assignment to substance abuse evaluation and treatment, a 23 course for drinking drivers, and, if available and appropriate, 24 a reality education substance abuse program pursuant to section 25 321J.24. 26 Sec. 3. Section 321J.3, subsection 1, paragraph a, Code 27 2011, is amended to read as follows: 28 a. In addition to orders issued pursuant to section 321J.2, 29 subsections 3 , 4 , and 5 , and 5A, and section 321J.17 , the court 30 shall order any defendant convicted under section 321J.2 to 31 follow the recommendations proposed in the substance abuse 32 evaluation for appropriate substance abuse treatment for the 33 defendant. Court-ordered substance abuse treatment is subject 34 to the periodic reporting requirements of section 125.86 . 35 -1- LSB 2107HC (4) 84 rh/nh 1/ 6

H.F. _____ Sec. 4. Section 321J.4B, Code 2011, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 6A. Upon conviction of the defendant for a 3 third or subsequent violation of section 321J.2 or 321J.2A, the 4 court shall order, if the convicted person is the owner of the 5 motor vehicle used in the commission of the offense, that the 6 motor vehicle be seized and forfeited to the state pursuant to 7 chapters 809 and 809A. 8 Sec. 5. Section 321J.5, Code 2011, is amended to read as 9 follows: 10 321J.5 Preliminary screening test. 11 1. When a peace officer has reasonable grounds to believe 12 that either of the following have occurred, the peace 13 officer may request that the operator provide a sample of the 14 operator’s breath for a preliminary screening test using a 15 device approved by the commissioner of public safety for that 16 purpose: 17 a. A motor vehicle operator may be violating or has violated 18 section 321J.2 or 321J.2A . 19 b. The operator has been involved in a motor vehicle 20 collision resulting in injury or death. 21 2. a. The results of this preliminary screening test may be 22 used for the purpose of deciding whether an arrest should be 23 made or whether to request a chemical test authorized in this 24 chapter , but shall not be used in any court action except to 25 prove that a chemical test was properly requested of a person 26 pursuant to this chapter . 27 b. If a person refuses to submit to a chemical test, 28 evidence of the results, if available, of the person’s 29 preliminary screening test conducted pursuant to this section 30 is admissible in any civil or criminal action or proceeding 31 arising out of acts alleged to have been committed while the 32 person was operating a motor vehicle in violation of section 33 321J.2 or 321J.2A. 34 Sec. 6. Section 321J.10A, Code 2011, is amended to read as 35 -2- LSB 2107HC (4) 84 rh/nh 2/ 6

H.F. _____ follows: 1 321J.10A Blood, breath, or urine specimen withdrawal without 2 a warrant —— misdemeanor . 3 1. Notwithstanding section 321J.10 , if a person is under 4 arrest for an offense arising out of acts alleged to have been 5 committed while the person was operating a motor vehicle in 6 violation of section 321J.2 , subsection 2, paragraph “a” or “b” 7 or section 321J.2A , and that arrest results from an accident 8 that causes a death or personal injury reasonably likely to 9 cause death, a chemical test of blood may be administered 10 without the consent of the person arrested to determine the 11 amount of alcohol or a controlled substance in that person’s 12 blood if all of the following circumstances exist: 13 a. The peace officer reasonably believes the blood drawn 14 will produce evidence of intoxication. 15 b. The method used to take the blood sample is reasonable 16 and performed in a reasonable manner by medical personnel under 17 section 321J.11 . 18 c. The peace officer reasonably believes the officer is 19 confronted with an emergency situation in which the delay 20 necessary to obtain a warrant under section 321J.10 threatens 21 the destruction of the evidence. 22 2. If the person from whom a specimen of blood is to be 23 withdrawn objects to the withdrawal, a breath or urine sample 24 may be taken under the following circumstances: 25 a. If the person is capable of giving a specimen of breath, 26 and a direct breath testing instrument is readily available, 27 the withdrawal of a specimen of the person’s breath may be 28 taken for chemical testing, unless the peace officer has 29 reasonable grounds to believe that the person was under the 30 influence of a controlled substance, a drug other than alcohol, 31 or a combination of alcohol and another drug. 32 b. If the peace officer has reasonable grounds to believe 33 that the person was under the influence of a controlled 34 substance, a drug other than alcohol, or a combination of 35 -3- LSB 2107HC (4) 84 rh/nh 3/ 6

H.F. _____ alcohol and another drug, a urine sample shall be collected in 1 lieu of a blood sample, if the person is capable of giving a 2 urine sample and the sample can be collected. 3 Sec. 7. NEW SECTION . 321J.10B Blood, breath, or urine 4 specimen withdrawal without a warrant —— felony. 5 1. Notwithstanding section 321J.10, if a person is under 6 arrest for an offense arising out of acts alleged to have 7 been committed while the person was operating a motor vehicle 8 in violation of section 321J.2, subsection 2, paragraph “c” 9 or “d” , a chemical test of blood may be administered without 10 the consent of the person arrested to determine the amount of 11 alcohol or a controlled substance in that person’s blood if all 12 of the following circumstances exist: 13 a. The peace officer reasonably believes the blood drawn 14 will produce evidence of intoxication. 15 b. The method used to take the blood sample is reasonable 16 and performed in a reasonable manner by medical personnel under 17 section 321J.11. 18 c. The peace officer reasonably believes the officer is 19 confronted with an emergency situation in which the delay 20 necessary to obtain a warrant under section 321J.10 threatens 21 the destruction of the evidence. 22 2. If the person from whom a specimen of blood is to be 23 withdrawn objects to the withdrawal, a breath or urine sample 24 may be taken under the following circumstances: 25 a. If the person is capable of giving a specimen of breath, 26 and a direct breath testing instrument is readily available, 27 the withdrawal of a specimen of the person’s breath may be 28 taken for chemical testing, unless the peace officer has 29 reasonable grounds to believe that the person was under the 30 influence of a controlled substance, a drug other than alcohol, 31 or a combination of alcohol and another drug. 32 b. If the peace officer has reasonable grounds to believe 33 that the person was under the influence of a controlled 34 substance, a drug other than alcohol, or a combination of 35 -4- LSB 2107HC (4) 84 rh/nh 4/ 6

H.F. _____ alcohol and another drug, a urine sample shall be collected in 1 lieu of a blood sample, if the person is capable of giving a 2 urine sample and the sample can be collected. 3 Sec. 8. Section 707.6A, subsection 6, Code 2011, is amended 4 to read as follows: 5 6. Except for the purpose of sentencing under section 6 321J.2, subsections 3 , 4 , and 5 , and 5A, a conviction or 7 deferral of judgment for a violation of this section , where a 8 violation of section 321J.2 is admitted or proved, shall be 9 treated as a conviction or deferral of judgment for a violation 10 of section 321J.2 for the purposes of chapters 321 , 321A , and 11 321J , and section 907.3, subsection 1 . 12 Sec. 9. Section 907.3, subsection 3, paragraph c, 13 unnumbered paragraph 1, Code 2011, is amended to read as 14 follows: 15 A mandatory minimum sentence of incarceration imposed 16 pursuant to a violation of section 321J.2, subsection 1 ; 17 furthermore, the court shall not suspend any part of a sentence 18 not involving incarceration imposed pursuant to section 321J.2, 19 subsection 3, 4, or 5 , or 5A, beyond the mandatory minimum if 20 any of the following apply: 21 EXPLANATION 22 This bill creates a new class “C” felony for a fourth 23 or subsequent operating-while-intoxicated (OWI) criminal 24 offense in violation of Code chapter 321J (Iowa’s 25 operating-while-intoxicated law), punishable by confinement 26 for no more than 10 years and a fine of between $5,675 and 27 $12,500, revocation of the person’s driver’s license for a 28 six-year period, a substance abuse evaluation and treatment, a 29 course for drinking drivers, and, if available and appropriate, 30 a reality education substance abuse program. The bill makes 31 conforming changes to Code sections 321J.3 (rules relating to 32 substance abuse evaluation or treatment), 707.6A (homicide or 33 serious injury by vehicle), and 907.3 (provisions relating to 34 deferred judgments, deferred sentences, or suspended sentences 35 -5- LSB 2107HC (4) 84 rh/nh 5/ 6

H.F. _____ in OWI cases). 1 The bill provides that if a person is convicted of a third 2 or subsequent violation of Code chapter 321J.2 or 321J.2A 3 (offenders under 21 years of age), the court shall order, if 4 the convicted person is the owner of the motor vehicle used in 5 the commission of the offense, that the motor vehicle be seized 6 and forfeited to the state pursuant to Code chapters 809 and 7 809A. 8 Current law provides that if a person is under arrest 9 for an OWI offense (misdemeanor or felony) and that arrest 10 results from an accident that causes a death or personal injury 11 reasonably likely to cause death, a chemical test of blood 12 may be taken without the consent of the person arrested to 13 determine the amount of alcohol or a controlled substance in 14 that person’s blood if the peace officer reasonably believes 15 the blood drawn will produce evidence of intoxication, 16 the method used to take the blood sample is reasonable and 17 performed pursuant to Code section 321J.11, and the peace 18 officer reasonably believes the officer is confronted with an 19 emergency situation. The bill makes this provision applicable 20 to first and second OWI offenses (misdemeanors) and creates 21 a similar provision allowing the involuntary withdrawal of a 22 blood, breath, or urine specimen from a person under arrest 23 for a felony-level OWI offense under similar circumstances; 24 however, this new provision does not require that an accident 25 causing death or personal injury reasonably likely to cause a 26 death occur. 27 -6- LSB 2107HC (4) 84 rh/nh 6/ 6