Bill Text: IA HF2163 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to a person who operates a motor vehicle while under the influence of prescription drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Subcommittee, Garrett, Pearson, and Wolfe. H.J. 170. [HF2163 Detail]
Download: Iowa-2011-HF2163-Introduced.html
House
File
2163
-
Introduced
HOUSE
FILE
2163
BY
R.
OLSON
A
BILL
FOR
An
Act
relating
to
a
person
who
operates
a
motor
vehicle
while
1
under
the
influence
of
prescription
drugs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5789YH
(3)
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H.F.
2163
Section
1.
Section
321J.2,
subsection
11,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
11.
a.
This
section
does
not
apply
to
a
person
operating
3
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
4
substance
was
prescribed
for
the
person
and
was
taken
under
the
5
prescription
and
in
accordance
with
the
directions
of
a
medical
6
practitioner
as
defined
in
chapter
155A
or
if
the
substance
was
7
dispensed
by
a
pharmacist
without
a
prescription
pursuant
to
8
the
rules
of
the
board
of
pharmacy,
if
there
is
no
evidence
9
of
the
consumption
of
alcohol
and
the
medical
practitioner
10
or
pharmacist
had
not
directed
the
person
to
refrain
from
11
operating
a
motor
vehicle
conditions
described
in
section
12
321J.18A,
subsection
1,
exist
.
13
b.
When
charged
with
a
violation
of
subsection
1
,
paragraph
14
“c”
,
a
person
may
assert
,
as
an
the
affirmative
defense
,
that
15
the
controlled
substance
present
in
the
person’s
blood
or
16
urine
was
prescribed
or
dispensed
for
the
person
and
was
taken
17
in
accordance
with
the
directions
of
a
practitioner
and
the
18
labeling
directions
of
the
pharmacy,
as
that
person
and
place
19
of
business
are
defined
in
section
155A.3
described
in
section
20
321J.18A,
subsection
2
.
21
Sec.
2.
NEW
SECTION
.
321J.18A
Prescription
drugs
——
no
22
evidence
of
alcohol
——
affirmative
defense.
23
1.
This
chapter
does
not
apply
to
a
person
operating
a
24
motor
vehicle
while
under
the
influence
of
a
drug
if
the
25
substance
was
prescribed
for
the
person
and
was
taken
under
the
26
prescription
and
in
accordance
with
the
directions
of
a
medical
27
practitioner
as
defined
in
chapter
155A
or
if
the
substance
was
28
dispensed
by
a
pharmacist
without
a
prescription
pursuant
to
29
the
rules
of
the
board
of
pharmacy,
if
there
is
no
evidence
30
of
the
consumption
of
alcohol
and
the
medical
practitioner
31
or
pharmacist
had
not
directed
the
person
to
refrain
from
32
operating
a
motor
vehicle.
33
2.
When
charged
with
a
violation
of
this
chapter,
a
person
34
may
assert,
as
an
affirmative
defense,
that
the
controlled
35
-1-
LSB
5789YH
(3)
84
rh/nh
1/
2
H.F.
2163
substance
present
in
the
person’s
blood
or
urine
was
prescribed
1
or
dispensed
for
the
person
and
was
taken
in
accordance
with
2
the
directions
of
a
practitioner
and
the
labeling
directions
of
3
the
pharmacy,
as
that
person
and
place
of
business
are
defined
4
in
section
155A.3.
5
EXPLANATION
6
This
bill
relates
to
a
person
who
operates
a
motor
vehicle
7
while
under
the
influence
of
prescription
drugs.
8
The
bill
duplicates
language
in
Code
section
321J.2,
9
relating
to
the
prescription
drug
defense
currently
available
10
for
a
person
who
is
criminally
charged
with
operating
a
motor
11
vehicle
while
under
the
influence
of
a
drug
where
there
is
no
12
evidence
of
alcohol,
and
makes
this
defense
applicable
to
civil
13
administrative
license
revocations
as
well
as
criminal
offenses
14
under
Code
chapter
321J.
15
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2/
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