HF 46 (LSB 1111YH (2) 88)

HOUSE FILE 46

BY  SALMON

A BILL FOR

An Act relating to the impoundment and immobilization of motor vehicles involved in operating-while-intoxicated offenses, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.4B, subsection 2, Code 2019, is amended to read as follows:
   2.  a.  A motor vehicle is subject to impoundment or immobilization in the following circumstances:
   (1)  If a person operates a vehicle in violation of section 321J.2, and if convicted for that conduct, the conviction would be a second or subsequent offense under section 321J.2.
   (2)  If a person operates a vehicle while that person’s driver’s license or nonresident operating privilege has been suspended, denied, revoked, or barred due to a violation of section 321J.2, in violation of section 321J.21.
   b.  The clerk of court shall send notice of a conviction of an offense for which the vehicle was impounded or immobilized to the impounding or immobilizing authority upon conviction of the defendant for such offense.
   c.  Impoundment or immobilization of the vehicle under this section may occur in addition to any criminal penalty imposed under chapter 321 or this chapter for the underlying criminal offense.
    Sec. 2.  Section 321J.4B, subsection 4, Code 2019, is amended to read as follows:
   4.  An owner of a motor vehicle impounded or immobilized under this section, who knows of, should have known of, or gives consent to the operation of, the motor vehicle in violation of subsection 2, paragraph “a”, subparagraph (2), shall be considered to be all of the following:
   a.  Guilty of a simple serious misdemeanor, and.
   b.  Jointly and severally liable for any damages caused by the person who operated the motor vehicle, subject to the provisions of chapter 668.
    Sec. 3.  Section 321J.4B, subsection 5, paragraph d, Code 2019, is amended to read as follows:
   d.  The period of impoundment or immobilization of a motor vehicle under this section shall be the period of license revocation imposed upon the person convicted of the offense or one hundred eighty days year, whichever period is longer. The impoundment or immobilization period shall commence on the day that the vehicle is first impounded or immobilized.
    Sec. 4.  Section 321J.4B, subsection 6, Code 2019, is amended to read as follows:
   6.  Upon conviction of the defendant for a first violation of subsection 2, paragraph “a”, subparagraph (2), where the defendant’s driver’s license was originally revoked as a result of a second or subsequent violation of section 321J.2, or upon conviction of the defendant for a second or subsequent violation of subsection 2, paragraph “a”, subparagraph (2), the court shall order, if the convicted person defendant is the owner of the motor vehicle used in the commission of the offense, that that the motor vehicle be seized and forfeited to the state pursuant to chapters 809 and 809A.
    Sec. 5.  Section 321J.21, subsection 1, Code 2019, is amended to read as follows:
   1.  A person whose driver’s license or nonresident operating privilege has been suspended, denied, revoked, or barred due to a violation of this chapter and who drives a motor vehicle while the license or privilege is suspended, denied, revoked, or barred commits a serious misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of one thousand dollars and, if the person is the owner of the motor vehicle used in the commission of the offense, immobilization of the motor vehicle by the installation of a device in the motor vehicle that completely prevents the motor vehicle from being operated in accordance with section 321J.4B.
    Sec. 6.  Section 809A.3, subsection 2, Code 2019, is amended to read as follows:
   2.  Notwithstanding  subsection 1, violations of chapter 321 or 321J shall not be considered conduct giving rise to forfeiture, except for violations as provided in any of the following:
   a.  Section 321.232.
   b.  A second or subsequent violation of section 321J.4B, subsection 2, paragraph “a”, subparagraph (2).
   c.  b.  Section 321J.4B, subsection 6, 9, or 10.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a motor vehicle operated by a person while committing a second or subsequent operating-while-intoxicated (OWI) offense, or while that person’s driver’s license has been suspended, denied, revoked, or barred due to an OWI offense, may be immediately impounded or immobilized (Code section 321J.4B). An owner of a vehicle impounded or immobilized, who knows of, should have known of, or gives consent to the operation of the vehicle by a person while that person’s driver’s license has been suspended, denied, revoked, or barred due to an OWI offense is guilty of a simple misdemeanor. A simple misdemeanor is punishable by a fine of at least $65 but not to exceed $625 and imprisonment not to exceed 30 days. This bill increases the penalty to a serious misdemeanor. A serious misdemeanor is punishable by a fine of at least $315 but not to exceed $1,875 and imprisonment not to exceed one year.
   Under current law, the period of impoundment or immobilization is the period of license revocation imposed upon the person convicted of the OWI offense or 180 days, whichever period is longer. The bill increases the period to the period of license revocation imposed upon the person convicted of the OWI offense or one year, whichever period is longer.
   Under current law, upon conviction of the defendant for a second or subsequent violation of operating a vehicle while that person’s driver’s license has been suspended, denied, revoked, or barred due to an OWI offense, a court is required to order, if the defendant is the owner of the vehicle used in the commission of the offense, that the vehicle be seized and forfeited to the state. The bill provides that the vehicle must also be seized and forfeited to the state upon conviction of the defendant for a first violation of operating a vehicle while that person’s driver’s license has been suspended, denied, revoked, or barred due to a second or subsequent OWI offense.
   In addition, the bill provides that if a person is convicted of a violation of Code section 321J.21 (driving while license suspended, denied, revoked, or barred due to an OWI offense), and if the person is the owner of the vehicle used in the commission of the offense, the vehicle must be immobilized through the installation of a device in the vehicle that completely prevents the vehicle from being operated in accordance with Code section 321J.4B.
   The bill also amends Code sections 321J.4B and 809A.3 (conduct giving rise to forfeiture) for clarity and consistency.