Bill Text: IA SSB1090 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the refusal to submit to a chemical test of blood in operating=while=intoxicated cases.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-05 - Voted - Judiciary. [SSB1090 Detail]
Download: Iowa-2015-SSB1090-Introduced.html
Senate
Study
Bill
1090
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
the
refusal
to
submit
to
a
chemical
test
of
1
blood
in
operating-while-intoxicated
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1161XD
(1)
86
ns/nh
S.F.
_____
H.F.
_____
Section
1.
Section
321J.6,
subsection
2,
Code
2015,
is
1
amended
to
read
as
follows:
2
2.
The
peace
officer
shall
determine
which
of
the
three
3
substances,
breath,
blood,
or
urine,
shall
be
tested.
Refusal
4
to
submit
to
a
chemical
test
of
urine
or
breath
under
this
5
section
is
deemed
a
refusal
to
submit,
and
section
321J.9
6
applies.
A
refusal
to
submit
to
a
chemical
test
of
blood
is
not
7
deemed
a
refusal
to
submit,
but
in
that
case,
the
peace
officer
8
shall
then
determine
which
one
of
the
other
two
substances
9
shall
be
tested
and
shall
offer
the
test.
If
the
peace
officer
10
fails
to
offer
a
test
within
two
hours
after
the
preliminary
11
screening
test
is
administered
or
refused
or
the
arrest
is
12
made,
whichever
occurs
first,
a
test
is
not
required,
and
there
13
shall
be
no
revocation
under
section
321J.9
.
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
relates
to
the
refusal
to
submit
to
a
chemical
test
18
of
blood
in
operating-while-intoxicated
(OWI)
cases.
19
Current
law
provides
that
a
person’s
refusal
to
submit
to
20
a
chemical
test
of
breath
or
urine
in
an
OWI
case
constitutes
21
grounds
for
the
department
of
transportation
(DOT)
to
22
administratively
revoke
the
person’s
driver’s
license
under
23
Code
section
321J.9.
The
bill
expands
the
grounds
sufficient
24
for
the
DOT
to
revoke
the
person’s
driver’s
license
under
Code
25
section
321J.9
to
include
a
person’s
refusal
to
submit
to
a
26
chemical
test
of
blood.
27
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