Bill Text: IA HF2015 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2015 (Prior Session Legislation)

IA State Legislature page for HF2015

Introduced

Bill Title: A bill for an act relating to the administration of portable breath tests in operating-while-intoxicated cases, including the use of test results in court actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-06 - Subcommittee recommends indefinite postponement. [HF2015 Detail]

Download: Iowa-2017-HF2015-Introduced.html


House File 2015 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act relating to the administration of portable breath tests
  2    in operating=while=intoxicated cases, including the use of
  3    test results in court actions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



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