Bill Text: IA HF2012 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to search warrants issued in the investigation of operating-while-intoxicated violations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-17 - Subcommittee: Windschitl, Rizer and Wolfe. H.J. 111. [HF2012 Detail]

Download: Iowa-2017-HF2012-Introduced.html

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House File 2012 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act relating to search warrants issued in the investigation
  2    of operating=while=intoxicated violations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321J.10, subsection 1, Code 2018, is
  1  2 amended to read as follows:
  1  3    1.  Refusal to consent to a test under section 321J.6 does
  1  4 not prohibit the withdrawal of a specimen for chemical testing
  1  5 pursuant to a search warrant issued in the investigation of
  1  6 a suspected violation of section 707.5 or 707.6A 321J.2 or
  1  7 321J.2A if all of the following grounds exist:
  1  8    a.  A traffic accident has resulted in a death or personal
  1  9 injury reasonably likely to cause death.
  1 10    b.  There there are reasonable grounds to believe that one or
  1 11 more of the persons whose driving may have been the proximate
  1 12 cause of the accident a person was violating section 321J.2 at
  1 13 the time of the accident or 321J.2A.
  1 14    Sec. 2.  Section 321J.10, subsection 3, paragraph c, Code
  1 15 2018, is amended to read as follows:
  1 16    c.  The oral application testimony shall set forth facts and
  1 17 information tending to establish the existence of the grounds
  1 18 for the warrant and shall describe with a reasonable degree of
  1 19 specificity the person or persons whose driving is believed to
  1 20 have been the proximate cause of the accident and from whom a
  1 21 specimen is to be withdrawn in violation of section 321J.2 or
  1 22 321J.2A and the location where the withdrawal of the specimen
  1 23 or specimens is to take place.
  1 24                           EXPLANATION
  1 25 The inclusion of this explanation does not constitute agreement with
  1 26 the explanation's substance by the members of the general assembly.
  1 27    Under current law, Code section 321J.10 allows the issuance
  1 28 of a search warrant for the withdrawal of a specimen of breath,
  1 29 urine, or blood for chemical testing based upon sworn oral
  1 30 testimony communicated by telephone to a magistrate in cases
  1 31 involving a traffic accident resulting in a death, or personal
  1 32 injury reasonably likely to cause death, where there are
  1 33 reasonable grounds to believe the person whose driving may have
  1 34 been the proximate cause of the accident was operating the
  1 35 vehicle while intoxicated.
  2  1 This bill expands the provision to allow the issuance of such
  2  2 a search warrant in any case where there are reasonable grounds
  2  3 to believe a person was operating a vehicle while intoxicated.
  2  4    Under current law, the act of knowingly resisting or
  2  5 obstructing the withdrawal of a specimen pursuant to a
  2  6 search warrant issued under Code section 321J.10 constitutes
  2  7 a contempt punishable by a fine not exceeding $1,000 or
  2  8 imprisonment in a county jail not exceeding one year, or both.
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