H.F. 46 Section 1. Section 321J.4B, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. a. A motor vehicle is subject to impoundment or 3 immobilization in the following circumstances: 4 (1) If a person operates a vehicle in violation of section 5 321J.2 , and if convicted for that conduct, the conviction would 6 be a second or subsequent offense under section 321J.2 . 7 (2) If a person operates a vehicle while that person’s 8 driver’s license or nonresident operating privilege has been 9 suspended, denied, revoked, or barred due to a violation of 10 section 321J.2 , in violation of section 321J.21 . 11 b. The clerk of court shall send notice of a conviction of 12 an offense for which the vehicle was impounded or immobilized 13 to the impounding or immobilizing authority upon conviction of 14 the defendant for such offense. 15 c. Impoundment or immobilization of the vehicle under this 16 section may occur in addition to any criminal penalty imposed 17 under chapter 321 or this chapter for the underlying criminal 18 offense. 19 Sec. 2. Section 321J.4B, subsection 4, Code 2019, is amended 20 to read as follows: 21 4. An owner of a motor vehicle impounded or immobilized 22 under this section , who knows of, should have known of, 23 or gives consent to the operation of , the motor vehicle in 24 violation of subsection 2 , paragraph “a” , subparagraph (2), 25 shall be considered to be all of the following : 26 a. Guilty of a simple serious misdemeanor , and . 27 b. Jointly and severally liable for any damages caused 28 by the person who operated the motor vehicle, subject to the 29 provisions of chapter 668 . 30 Sec. 3. Section 321J.4B, subsection 5, paragraph d, Code 31 2019, is amended to read as follows: 32 d. The period of impoundment or immobilization of a motor 33 vehicle under this section shall be the period of license 34 revocation imposed upon the person convicted of the offense or 35 -1- LSB 1111YH (2) 88 ns/rh 1/ 4

H.F. 46 one hundred eighty days year , whichever period is longer. The 1 impoundment or immobilization period shall commence on the day 2 that the vehicle is first impounded or immobilized. 3 Sec. 4. Section 321J.4B, subsection 6, Code 2019, is amended 4 to read as follows: 5 6. Upon conviction of the defendant for a first violation 6 of subsection 2, paragraph “a” , subparagraph (2), where the 7 defendant’s driver’s license was originally revoked as a result 8 of a second or subsequent violation of section 321J.2, or 9 upon conviction of the defendant for a second or subsequent 10 violation of subsection 2 , paragraph “a” , subparagraph (2), 11 the court shall order, if the convicted person defendant is 12 the owner of the motor vehicle used in the commission of the 13 offense, that that the motor vehicle be seized and forfeited to 14 the state pursuant to chapters 809 and 809A . 15 Sec. 5. Section 321J.21, subsection 1, Code 2019, is amended 16 to read as follows: 17 1. A person whose driver’s license or nonresident operating 18 privilege has been suspended, denied, revoked, or barred due 19 to a violation of this chapter and who drives a motor vehicle 20 while the license or privilege is suspended, denied, revoked, 21 or barred commits a serious misdemeanor. In addition to any 22 other penalties, the punishment imposed for a violation of this 23 subsection shall include assessment of a fine of one thousand 24 dollars and, if the person is the owner of the motor vehicle 25 used in the commission of the offense, immobilization of the 26 motor vehicle by the installation of a device in the motor 27 vehicle that completely prevents the motor vehicle from being 28 operated in accordance with section 321J.4B . 29 Sec. 6. Section 809A.3, subsection 2, Code 2019, is amended 30 to read as follows: 31 2. Notwithstanding subsection 1 , violations of chapter 32 321 or 321J shall not be considered conduct giving rise to 33 forfeiture, except for violations as provided in any of the 34 following: 35 -2- LSB 1111YH (2) 88 ns/rh 2/ 4

H.F. 46 a. Section 321.232 . 1 b. A second or subsequent violation of section 321J.4B, 2 subsection 2 , paragraph “a” , subparagraph (2). 3 c. b. Section 321J.4B, subsection 6, 9 , or 10 . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Under current law, a motor vehicle operated by a person while 8 committing a second or subsequent operating-while-intoxicated 9 (OWI) offense, or while that person’s driver’s license has been 10 suspended, denied, revoked, or barred due to an OWI offense, 11 may be immediately impounded or immobilized (Code section 12 321J.4B). An owner of a vehicle impounded or immobilized, 13 who knows of, should have known of, or gives consent to the 14 operation of the vehicle by a person while that person’s 15 driver’s license has been suspended, denied, revoked, or barred 16 due to an OWI offense is guilty of a simple misdemeanor. A 17 simple misdemeanor is punishable by a fine of at least $65 but 18 not to exceed $625 and imprisonment not to exceed 30 days. 19 This bill increases the penalty to a serious misdemeanor. A 20 serious misdemeanor is punishable by a fine of at least $315 21 but not to exceed $1,875 and imprisonment not to exceed one 22 year. 23 Under current law, the period of impoundment or 24 immobilization is the period of license revocation imposed upon 25 the person convicted of the OWI offense or 180 days, whichever 26 period is longer. The bill increases the period to the period 27 of license revocation imposed upon the person convicted of the 28 OWI offense or one year, whichever period is longer. 29 Under current law, upon conviction of the defendant for a 30 second or subsequent violation of operating a vehicle while 31 that person’s driver’s license has been suspended, denied, 32 revoked, or barred due to an OWI offense, a court is required 33 to order, if the defendant is the owner of the vehicle used in 34 the commission of the offense, that the vehicle be seized and 35 -3- LSB 1111YH (2) 88 ns/rh 3/ 4

H.F. 46 forfeited to the state. The bill provides that the vehicle 1 must also be seized and forfeited to the state upon conviction 2 of the defendant for a first violation of operating a vehicle 3 while that person’s driver’s license has been suspended, 4 denied, revoked, or barred due to a second or subsequent OWI 5 offense. 6 In addition, the bill provides that if a person is convicted 7 of a violation of Code section 321J.21 (driving while license 8 suspended, denied, revoked, or barred due to an OWI offense), 9 and if the person is the owner of the vehicle used in the 10 commission of the offense, the vehicle must be immobilized 11 through the installation of a device in the vehicle that 12 completely prevents the vehicle from being operated in 13 accordance with Code section 321J.4B. 14 The bill also amends Code sections 321J.4B and 809A.3 15 (conduct giving rise to forfeiture) for clarity and 16 consistency. 17 -4- LSB 1111YH (2) 88 ns/rh 4/ 4