Amendment S-5068 to HF 259
Relating to matters under the purview of the department of veterans affairs, including county commissions of veteran affairs and cemetery expenditures
Ruled out of order · March 18, 2024
Filed March 18, 2024 in the Senate by Sen. Liz Bennett (D)
What it changes
- Page 6, after line 3 by inserting: “Sec. ___. Section 124E.12, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 4A. In a prosecution for operating while intoxicated under chapter 321J, if the violation is solely based on an amount of a controlled substance that the person is authorized to consume under this chapter, present in the person as measured in the person’s blood or urine, it is an affirmative and complete defense to the prosecution if the person is a veteran, as defined in section 35.1, and furnishes proof in accordance with section 321J.2, subsection 11, paragraph “b” , subparagraph (2). Sec. ___. Section 321J.2, subsection 8, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . d. A conviction for a violation of subsection 1, paragraph “c” , committed prior to the effective date of this Act shall not be considered a previous offense if the person is a veteran, as defined in section 35.1, and furnishes proof that a medical cannabidiol registration card was issued to the person pursuant to chapter 124E, the card was valid on the date the person committed the offense, and there was no admissible evidence of consumption of alcohol or any other controlled substance that was not covered by the person’s medical cannabidiol registration card. Sec. ___. Section 321J.2, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 11A. a. This section does not apply to a person who is a veteran, as defined in section 35.1, operating a motor vehicle while under the influence of a drug if the substance was consumed in accordance with chapter 124E and there is no admissible evidence of the consumption of alcohol. b. When charged with a violation of subsection 1, paragraph “c” , a person who is a veteran may assert, as an affirmative defense, that the controlled substance present in the person’s blood or urine was consumed in accordance with chapter 124E. For purposes of this paragraph, it is presumed that a controlled substance present in a person’s blood or urine was consumed in accordance with chapter 124E if the person furnishes proof that the person held a medical cannabidiol registration card issued pursuant to chapter 124E valid on the date the person is alleged to have committed the offense. Sec. ___. Section 321J.6, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
- If a person is suspected of violating section 321J.2, and at the time of the traffic stop the person is a veteran, as defined in section 35.1, and furnishes proof in accordance with section 321J.2, subsection 11A, and if there are no reasonable grounds to believe the person consumed alcohol or any other controlled substance that is not covered by the person’s medical cannabidiol registration card, then no reasonable grounds exist to subject the person to chemical testing under this section.”
- Title page, line 1, before “matters” by inserting “veterans, including”
- Title page, lines 2 and 3, by striking “including county commissions of veteran affairs and cemetery expenditures.” and inserting “county commissions of veteran affairs, cemetery expenditures, and certain defenses available to a veteran operating a motor vehicle after consuming medical cannabidiol.”
- By renumbering as necessary.