House
File
2012
-
Introduced
HOUSE
FILE
2012
BY
SALMON
A
BILL
FOR
An
Act
relating
to
search
warrants
issued
in
the
investigation
1
of
operating-while-intoxicated
violations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321J.10,
subsection
1,
Code
2018,
is
1
amended
to
read
as
follows:
2
1.
Refusal
to
consent
to
a
test
under
section
321J.6
does
3
not
prohibit
the
withdrawal
of
a
specimen
for
chemical
testing
4
pursuant
to
a
search
warrant
issued
in
the
investigation
of
5
a
suspected
violation
of
section
707.5
or
707.6A
321J.2
or
6
321J.2A
if
all
of
the
following
grounds
exist:
7
a.
A
traffic
accident
has
resulted
in
a
death
or
personal
8
injury
reasonably
likely
to
cause
death.
9
b.
There
there
are
reasonable
grounds
to
believe
that
one
or
10
more
of
the
persons
whose
driving
may
have
been
the
proximate
11
cause
of
the
accident
a
person
was
violating
section
321J.2
at
12
the
time
of
the
accident
or
321J.2A
.
13
Sec.
2.
Section
321J.10,
subsection
3,
paragraph
c,
Code
14
2018,
is
amended
to
read
as
follows:
15
c.
The
oral
application
testimony
shall
set
forth
facts
and
16
information
tending
to
establish
the
existence
of
the
grounds
17
for
the
warrant
and
shall
describe
with
a
reasonable
degree
of
18
specificity
the
person
or
persons
whose
driving
is
believed
to
19
have
been
the
proximate
cause
of
the
accident
and
from
whom
a
20
specimen
is
to
be
withdrawn
in
violation
of
section
321J.2
or
21
321J.2A
and
the
location
where
the
withdrawal
of
the
specimen
22
or
specimens
is
to
take
place.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Under
current
law,
Code
section
321J.10
allows
the
issuance
27
of
a
search
warrant
for
the
withdrawal
of
a
specimen
of
breath,
28
urine,
or
blood
for
chemical
testing
based
upon
sworn
oral
29
testimony
communicated
by
telephone
to
a
magistrate
in
cases
30
involving
a
traffic
accident
resulting
in
a
death,
or
personal
31
injury
reasonably
likely
to
cause
death,
where
there
are
32
reasonable
grounds
to
believe
the
person
whose
driving
may
have
33
been
the
proximate
cause
of
the
accident
was
operating
the
34
vehicle
while
intoxicated.
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2012
This
bill
expands
the
provision
to
allow
the
issuance
of
such
1
a
search
warrant
in
any
case
where
there
are
reasonable
grounds
2
to
believe
a
person
was
operating
a
vehicle
while
intoxicated.
3
Under
current
law,
the
act
of
knowingly
resisting
or
4
obstructing
the
withdrawal
of
a
specimen
pursuant
to
a
5
search
warrant
issued
under
Code
section
321J.10
constitutes
6
a
contempt
punishable
by
a
fine
not
exceeding
$1,000
or
7
imprisonment
in
a
county
jail
not
exceeding
one
year,
or
both.
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