House File 737 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to license revocations and temporary restricted
  2    licenses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2362HH 82
  5 rh/es/88

PAG LIN



  1  1    Section 1.  Section 321.215, subsection 1, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  f.  The person's appointments with the
  1  4 person's parole or probation officer.
  1  5    Sec. 2.  Section 321J.4, subsection 2, Code 2007, is
  1  6 amended to read as follows:
  1  7    2.  If a defendant is convicted of a violation of section
  1  8 321J.2, and the defendant's driver's license or nonresident
  1  9 operating privilege has not already been revoked under section
  1 10 321J.9 or 321J.12 for the occurrence from which the arrest
  1 11 arose, the department shall revoke the defendant's driver's
  1 12 license or nonresident operating privilege for two years if
  1 13 the defendant has had a previous conviction or revocation
  1 14 under this chapter.  The defendant shall not be eligible for
  1 15 any temporary restricted license for one year after the
  1 16 effective date of revocation if the defendant's driver's
  1 17 license or nonresident operating privilege has not already
  1 18 been revoked under section 321J.9 and for ninety days after
  1 19 the effective date of revocation if the defendant's driver's
  1 20 license or nonresident operating privilege has not already
  1 21 been revoked under section 321J.12.  The defendant shall be
  1 22 ordered to install an ignition interlock device of a type
  1 23 approved by the commissioner of public safety on all vehicles
  1 24 owned by the defendant if the defendant seeks a temporary
  1 25 restricted license at the end of the minimum period of
  1 26 ineligibility.  A temporary restricted license shall not be
  1 27 granted by the department until the defendant installs the
  1 28 ignition interlock device.
  1 29    Sec. 3.  Section 321J.4, subsection 3, unnumbered paragraph
  1 30 1, Code 2007, is amended to read as follows:
  1 31    If the court defers judgment pursuant to section 907.3 for
  1 32 a violation of section 321J.2, and if the defendant's driver's
  1 33 license or nonresident operating privilege has not been
  1 34 revoked under section 321J.9 or 321J.12, or has not otherwise
  1 35 been revoked for the occurrence from which the arrest arose,
  2  1 the department shall revoke the defendant's driver's license
  2  2 or nonresident operating privilege for a period of not less
  2  3 than thirty days nor more than ninety days.  The defendant
  2  4 shall not be eligible for any temporary restricted license for
  2  5 at least ninety days if a test was refused.
  2  6    Sec. 4.  Section 321J.4, subsection 9, paragraph a, Code
  2  7 2007, is amended to read as follows:
  2  8    a.  A person whose noncommercial driver's license has
  2  9 either been revoked under this chapter, or revoked or
  2 10 suspended under chapter 321 solely for violations of this
  2 11 chapter, or who has been determined to be a habitual offender
  2 12 under chapter 321 based solely on violations of this chapter
  2 13 or on violations listed in section 321.560, subsection 1,
  2 14 paragraph "b", and who is not eligible for a temporary
  2 15 restricted license under this chapter may petition the court
  2 16 upon the expiration of the minimum period of ineligibility for
  2 17 a temporary restricted license provided for under this
  2 18 section, section 321J.9, 321J.12, 321J.20, or 321.560, for an
  2 19 order to the department to require the department to issue a
  2 20 temporary restricted license to the person notwithstanding
  2 21 section 321.560.
  2 22    Sec. 5.  Section 321J.12, subsection 2, paragraph d, Code
  2 23 2007, is amended to read as follows:
  2 24    d.  A person whose license or privileges have been revoked
  2 25 under subsection 1, paragraph "b", for one year shall not be
  2 26 eligible for any temporary restricted license for one year
  2 27 ninety days after the effective date of the revocation, and
  2 28 the person shall be ordered to install an ignition interlock
  2 29 device of a type approved by the commissioner of public safety
  2 30 on all vehicles owned or operated by the defendant if the
  2 31 defendant seeks a temporary restricted license at the end of
  2 32 the minimum period of ineligibility.  A temporary restricted
  2 33 license shall not be granted by the department until the
  2 34 defendant installs the ignition interlock device.
  2 35    Sec. 6.  Section 321J.20, subsection 1, unnumbered
  3  1 paragraph 1, Code 2007, is amended to read as follows:
  3  2    The department may, on application, issue a temporary
  3  3 restricted license to a person whose noncommercial driver's
  3  4 license is revoked under this chapter allowing the person to
  3  5 drive to and from the person's home and specified places at
  3  6 specified times which can be verified by the department and
  3  7 which are required by the person's full=time or part=time
  3  8 employment, continuing health care or the continuing health
  3  9 care of another who is dependent upon the person, continuing
  3 10 education while enrolled in an educational institution on a
  3 11 part=time or full=time basis and while pursuing a course of
  3 12 study leading to a diploma, degree, or other certification of
  3 13 successful educational completion, substance abuse treatment,
  3 14 and court=ordered community service responsibilities, and
  3 15 appointments with the person's parole or probation officer if
  3 16 the person's driver's license has not been revoked previously
  3 17 under section 321J.4, 321J.9, or 321J.12 and if any of the
  3 18 following apply:
  3 19                           EXPLANATION
  3 20    This bill relates to license revocations and temporary
  3 21 restricted licenses in operating=while=intoxicated cases.
  3 22    The bill provides that if a defendant is convicted of a
  3 23 violation of section 321J.2 (Iowa's
  3 24 operating=while=intoxicated law), and the defendant's driver's
  3 25 license or nonresident operating privilege has not already
  3 26 been revoked for the occurrence from which the arrest arose,
  3 27 the defendant shall not be eligible for a temporary restricted
  3 28 license for 90 days after the effective date of the
  3 29 defendant's license revocation in cases where the defendant
  3 30 submitted to chemical testing and the test results indicated
  3 31 the presence of a controlled substance or other drug or an
  3 32 alcohol concentration equal to or in excess of the blood
  3 33 alcohol levels prohibited in Code section 321J.2.  Current law
  3 34 provides that in such a case a defendant is not eligible for a
  3 35 work permit for one year after the effective date of
  4  1 revocation.
  4  2    The bill provides that if the court defers judgment for a
  4  3 violation of Code section 321J.2, and if the defendant's
  4  4 driver's license or nonresident operating privilege has not
  4  5 been revoked, the department of transportation shall revoke
  4  6 the defendant's driver's license or nonresident operating
  4  7 privilege for a period of not less than 30 days.  Current law
  4  8 provides that the department of transportation shall revoke
  4  9 the defendant's driver's license or nonresident operating
  4 10 privilege for a period of not less than 30 days nor more than
  4 11 90 days.
  4 12    The bill makes conforming changes to chapter 321J
  4 13 concerning a person declared to be a habitual offender and the
  4 14 issuance of a temporary restricted license due to a
  4 15 combination of offenses under both chapter 321 and 321J
  4 16 consistent with current law contained in section 321.560.
  4 17    The bill provides that the department of transportation
  4 18 may, on application, issue a temporary restricted license to a
  4 19 person whose noncommercial driver's license is revoked under
  4 20 Code chapter 321 (motor vehicles and law of the road) or Code
  4 21 chapter 321J allowing the person to drive to and from the
  4 22 person's appointments with the person's parole or probation
  4 23 officer if the person's driver's license has not been revoked
  4 24 previously under Code chapter 321J and certain conditions
  4 25 apply.  Current law also allows the department of
  4 26 transportation to issue a temporary restricted license in such
  4 27 cases allowing the person to drive to and from the person's
  4 28 home and specified places at specified times which can be
  4 29 verified by the department and which are required by the
  4 30 person's full=time or part=time employment, continuing health
  4 31 care or the continuing health care of another who is dependent
  4 32 upon the person, continuing education while enrolled in an
  4 33 educational institution on a part=time or full=time basis and
  4 34 while pursuing a course of study leading to a diploma, degree,
  4 35 or other certification of successful educational completion,
  5  1 substance abuse treatment, and court=ordered community service
  5  2 responsibilities.
  5  3 LSB 2362HH 82
  5  4 rh:rj/es/88