House
File
2015
-
Introduced
HOUSE
FILE
2015
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
administration
of
portable
breath
tests
1
in
operating-while-intoxicated
cases,
including
the
use
of
2
test
results
in
court
actions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321J.5,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
The
results
of
this
preliminary
screening
test
may
be
3
used
for
the
purpose
of
deciding
whether
an
arrest
should
be
4
made
or
whether
to
request
a
chemical
test
authorized
in
this
5
chapter
,
but
shall
not
be
used
in
any
court
action
except
6
to
prove
that
a
chemical
test
was
properly
requested
of
a
7
person
pursuant
to
this
chapter
.
This
subsection
shall
not
be
8
construed
to
prohibit
the
results
of
a
portable
breath
test
9
administered
after
a
preliminary
screening
test
pursuant
to
10
section
321J.6,
subsection
2,
from
being
used
as
evidence
in
11
any
court
action.
12
Sec.
2.
Section
321J.6,
subsection
2,
Code
2018,
is
amended
13
to
read
as
follows:
14
2.
The
peace
officer
shall
determine
which
of
the
three
15
substances,
breath,
blood,
or
urine,
shall
be
tested.
If
the
16
peace
officer
determines
the
person’s
breath
shall
be
tested
17
following
the
administration
of
a
preliminary
screening
test,
18
a
portable
breath
testing
instrument
designed
to
determine
19
alcohol
concentration
may
be
used
if
the
test
is
administered
20
by
a
certified
operator
of
the
instrument
using
methods
21
approved
by
the
commissioner
of
public
safety.
Refusal
to
22
submit
to
a
chemical
test
of
urine
or
breath
is
deemed
a
23
refusal
to
submit,
and
section
321J.9
applies.
A
refusal
to
24
submit
to
a
chemical
test
of
blood
is
not
deemed
a
refusal
25
to
submit,
but
in
that
case,
the
peace
officer
shall
then
26
determine
which
one
of
the
other
two
substances
shall
be
tested
27
and
shall
offer
the
test.
If
the
peace
officer
fails
to
offer
28
a
test
within
two
hours
after
the
preliminary
screening
test
is
29
administered
or
refused
or
the
arrest
is
made,
whichever
occurs
30
first,
a
test
is
not
required,
and
there
shall
be
no
revocation
31
under
section
321J.9
.
32
Sec.
3.
Section
321J.15,
Code
2018,
is
amended
to
read
as
33
follows:
34
321J.15
Evidence
in
any
action.
35
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Upon
the
trial
of
a
civil
or
criminal
action
or
proceeding
1
arising
out
of
acts
alleged
to
have
been
committed
by
a
2
person
while
operating
a
motor
vehicle
in
violation
of
section
3
321J.2
or
321J.2A
,
evidence
of
the
alcohol
concentration
or
4
the
presence
of
a
controlled
substance
or
other
drugs
in
the
5
person’s
body
at
the
time
of
the
act
alleged
as
shown
by
a
6
chemical
analysis
of
the
person’s
blood,
breath,
or
urine
is
7
admissible.
If
it
is
established
at
trial
that
an
analysis
of
8
a
breath
specimen
was
performed
by
a
certified
operator
using
a
9
device
intended
to
determine
alcohol
concentration
,
including
10
but
not
limited
to
a
portable
breath
testing
instrument,
11
and
methods
approved
by
the
commissioner
of
public
safety,
12
no
further
foundation
is
necessary
for
introduction
of
the
13
evidence.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
provides
that
when
a
peace
officer
determines
18
a
person’s
breath
shall
be
tested
for
purposes
of
an
19
operating-while-intoxicated
violation
following
the
20
administration
of
a
preliminary
screening
test,
a
portable
21
breath
testing
instrument
designed
to
determine
alcohol
22
concentration
may
be
used
if
the
test
is
administered
by
a
23
certified
operator
of
the
instrument
using
methods
approved
24
by
the
commissioner
of
public
safety.
The
bill
also
allows
25
results
from
portable
breath
testing
instruments
to
be
used
in
26
court
actions.
27
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