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Senate
File
2082
-
Introduced
SENATE
FILE
2082
BY
GREEN
A
BILL
FOR
An
Act
relating
to
implied
consent
to
test
specimens
of
1
a
person’s
blood,
breath,
or
urine
following
a
motor
2
vehicle
accident
resulting
in
death,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
321J.5,
subsection
1,
paragraph
b,
Code
1
2026,
is
amended
to
read
as
follows:
2
b.
The
operator
has
been
involved
in
a
motor
vehicle
3
collision
resulting
in
injury
or
death
.
4
Sec.
2.
Section
321J.6,
subsection
1,
paragraph
b,
Code
5
2026,
is
amended
to
read
as
follows:
6
b.
The
person
has
been
involved
in
a
motor
vehicle
accident
7
or
collision
resulting
in
personal
injury
or
death
.
8
Sec.
3.
Section
321J.6,
Code
2026,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
1A.
A
person
who
operates
a
motor
vehicle
11
in
this
state
and
who
was
involved
in
a
motor
vehicle
accident
12
or
collision
resulting
in
death
is
deemed
to
have
given
consent
13
to
the
withdrawal
of
specimens
of
the
person’s
blood,
breath,
14
or
urine
and
to
a
chemical
test
or
tests
of
the
specimens
15
for
the
purpose
of
determining
the
alcohol
concentration
or
16
presence
of
a
controlled
substance
or
other
drugs,
subject
to
17
this
section.
18
Sec.
4.
Section
321J.9,
subsection
1,
unnumbered
paragraph
19
1,
Code
2026,
is
amended
to
read
as
follows:
20
If
a
person
refuses
to
submit
to
the
chemical
testing,
a
test
21
shall
not
be
given,
but
the
department,
upon
the
receipt
of
the
22
peace
officer’s
certification,
subject
to
penalty
for
perjury,
23
that
the
officer
had
reasonable
grounds
to
believe
the
person
24
to
have
been
operating
a
motor
vehicle
in
violation
of
section
25
321J.2
or
321J.2A
,
if
applicable,
that
specified
conditions
26
existed
for
chemical
testing
pursuant
to
section
321J.6
,
and
27
that
the
person
refused
to
submit
to
the
chemical
testing,
28
shall
revoke
the
person’s
driver’s
license
and
any
nonresident
29
operating
privilege
for
the
following
periods
of
time:
30
Sec.
5.
Section
321J.12,
subsection
1,
unnumbered
paragraph
31
1,
Code
2026,
is
amended
to
read
as
follows:
32
Upon
certification,
subject
to
penalty
for
perjury,
by
33
the
peace
officer
that
there
existed
reasonable
grounds
to
34
believe
that
the
person
had
been
operating
a
motor
vehicle
in
35
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violation
of
section
321J.2
,
if
applicable,
that
there
existed
1
one
or
more
of
the
necessary
conditions
for
chemical
testing
2
described
in
section
321J.6,
subsection
1
or
1A
,
and
that
the
3
person
submitted
to
chemical
testing
and
the
test
results
4
indicated
the
presence
of
a
controlled
substance
or
other
drug,
5
or
an
alcohol
concentration
equal
to
or
in
excess
of
the
level
6
prohibited
by
section
321J.2
,
or
a
combination
of
alcohol
and
7
another
drug
in
violation
of
section
321J.2
,
the
department
8
shall
revoke
the
person’s
driver’s
license
or
nonresident
9
operating
privilege
for
the
following
periods
of
time:
10
Sec.
6.
Section
321J.12,
subsection
5,
Code
2026,
is
amended
11
to
read
as
follows:
12
5.
Upon
certification,
subject
to
penalty
of
perjury,
by
13
the
peace
officer
that
there
existed
reasonable
grounds
to
14
believe
that
the
person
had
been
operating
a
motor
vehicle
in
15
violation
of
section
321J.2A
,
if
applicable,
that
there
existed
16
one
or
more
of
the
necessary
conditions
for
chemical
testing
17
described
in
section
321J.6,
subsection
1
or
1A
,
and
that
the
18
person
submitted
to
chemical
testing
and
the
test
results
19
indicated
an
alcohol
concentration
of
.02
or
more
but
less
20
than
.08,
the
department
shall
revoke
the
person’s
driver’s
21
license
or
operating
privilege
for
a
period
of
sixty
days
if
22
the
person
has
had
no
previous
revocation
under
this
chapter
,
23
and
for
a
period
of
ninety
days
if
the
person
has
had
a
previous
24
revocation
under
this
chapter
.
25
Sec.
7.
Section
321J.13,
subsection
2,
unnumbered
paragraph
26
1,
Code
2026,
is
amended
to
read
as
follows:
27
The
department
shall
grant
the
person
an
opportunity
to
be
28
heard
within
forty-five
days
of
receipt
of
a
request
for
a
29
hearing
if
the
request
is
made
not
later
than
ten
days
after
30
receipt
of
notice
of
revocation
served
pursuant
to
section
31
321J.9
or
321J.12
.
The
hearing
shall
be
before
the
department
32
in
the
county
where
the
alleged
events
occurred,
unless
the
33
director
and
the
person
agree
that
the
hearing
may
be
held
in
34
some
other
county,
or
the
hearing
may
be
held
by
telephone
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conference
at
the
discretion
of
the
agency
conducting
the
1
hearing.
The
hearing
may
be
recorded
and
its
scope
shall
be
2
limited
to
the
issues
of
whether
a
peace
officer
had
reasonable
3
grounds
to
believe
that
the
person
was
operating
a
motor
4
vehicle
in
violation
of
section
321J.2
or
321J.2A
,
if
required,
5
and
one
or
more
of
the
following:
6
Sec.
8.
Section
321J.13,
subsection
6,
paragraph
b,
7
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
8
(1)
That
the
peace
officer
did
not
have
reasonable
grounds
9
to
believe
that
a
violation
of
section
321J.2
or
321J.2A
had
10
occurred
to
support
a
request
for
or
to
administer
a
chemical
11
test
,
if
required
under
the
circumstances
.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
Under
current
law,
a
person
who
operates
a
motor
vehicle
16
under
circumstances
which
give
reasonable
grounds
to
believe
17
that
the
person
was
operating
the
motor
vehicle
while
under
18
the
influence
of
alcohol
or
a
drug
is
deemed
to
have
given
19
consent
to
the
withdrawal
of
a
specimen
of
the
person’s
blood,
20
breath,
or
urine
and
to
chemical
tests
of
the
specimen
for
the
21
purpose
of
determining
the
alcohol
concentration
or
presence
22
of
drugs
(implied
consent).
The
withdrawal
of
a
specimen
and
23
the
tests
must
be
administered
at
the
written
request
of
a
24
peace
officer
having
reasonable
grounds
to
believe
that
the
25
person
was
operating
a
motor
vehicle
in
violation
of
Code
26
section
321J.2
or
321J.2A
(operating
while
intoxicated),
and
if
27
certain
conditions
exist,
including
when
the
person
has
been
28
involved
in
a
motor
vehicle
accident
or
collision
resulting
29
in
personal
injury
or
death.
A
refusal
to
submit
to
chemical
30
testing
when
required
under
implied
consent
subjects
a
person
31
to
administrative
penalties,
including
but
not
limited
to
a
32
driver’s
license
revocation
for
at
least
one
year
for
a
first
33
revocation
and
two
years
for
a
subsequent
revocation.
34
This
bill
implements
implied
consent
to
test
persons
who
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2082
were
operating
a
motor
vehicle
and
were
involved
in
a
motor
1
vehicle
accident
or
collision
resulting
in
death
without
the
2
requirement
that
a
peace
officer
have
reasonable
grounds
3
to
believe
that
the
person
was
operating
a
motor
vehicle
4
in
violation
of
Code
section
321J.2
or
321J.2A,
and
makes
5
conforming
changes.
Therefore,
under
the
bill,
such
persons
6
are
subject
to
the
existing
administrative
penalties
under
law
7
for
submitting
or
refusing
to
submit
to
a
test
when
required
8
under
implied
consent.
9
The
bill
does
not
amend
the
authorizations
under
current
10
law
to
test
persons
involved
in
a
motor
vehicle
accident
or
11
collision
resulting
in
death
despite
a
refusal
to
submit
to
12
a
test
under
implied
consent,
including
Code
section
321J.10
13
(tests
pursuant
to
warrants),
which
requires
reasonable
grounds
14
to
believe
the
person
was
operating
while
intoxicated
at
15
the
time
of
the
accident,
and
Code
section
321J.10A
(blood,
16
breath,
or
urine
specimen
withdrawal
without
a
warrant),
17
which
requires
the
person
to
be
under
arrest
for
an
offense
18
arising
out
of
acts
alleged
to
have
been
committed
while
the
19
person
was
operating
while
intoxicated,
in
addition
to
other
20
circumstances.
21
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