Text: H03809 Text: H03811 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 446, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 23, by inserting after line 3 the
1 4 following:
1 5 "Sec. . NEW SECTION. 321M.1 IMPOUNDMENT OF
1 6 MOTOR VEHICLES USED TO COMMIT CERTAIN OFFENSES &endash;
1 7 LIABILITY OF OWNER PERMITTING ILLEGAL USE OF VEHICLE.
1 8 1. If a person whose motor vehicle license or
1 9 operating privilege has been suspended, denied,
1 10 revoked, or barred under section 321.209, 321.210,
1 11 321.210A, 321.560, 321A.4, 321A.5, 321A.17, or
1 12 321J.17, for an offense which arose out of the same
1 13 facts and circumstances that resulted in the person's
1 14 conviction of a violation of section 321J.2, or has
1 15 been revoked under section 321J.9 or 321J.12 or
1 16 section 707.6A, subsection 1, paragraph "a", operates
1 17 a motor vehicle in violation of section 321.218,
1 18 321.561, 321A.32, or 321J.21, and the person knew or
1 19 should have known that the person's license has been
1 20 suspended, denied, revoked, or barred, the motor
1 21 vehicle which is operated shall be impounded as
1 22 provided in this chapter. If the person who operates
1 23 the motor vehicle is the owner of the motor vehicle,
1 24 the person shall not be permitted to regain possession
1 25 of the motor vehicle until the period of revocation or
1 26 suspension has ended. The department of
1 27 transportation shall send a copy of the notice
1 28 advising a person convicted of a violation of section
1 29 321.218, 321.561, 321A.32, or 321J.21, of the date of
1 30 expiration of the period of revocation or suspension
1 31 to the court which enters the order of conviction.
1 32 2. A person who owns a motor vehicle, who is not
1 33 the person who operates the motor vehicle under
1 34 subsection 1, but who knows of, should have known of,
1 35 or gives consent to the operation of the motor vehicle
1 36 in violation of subsection 1, shall be jointly liable
1 37 for any damage caused by the person who operated the
1 38 motor vehicle, as well as for any costs associated
1 39 with the seizure or impoundment of the motor vehicle.
1 40 Sec. . NEW SECTION. 321M.2 NOTICE OF SEIZURE.
1 41 Upon the arrest of a person for a violation of
1 42 section 321.218, 321.561, 321A.32, or 321J.21, the
1 43 motor vehicle used to commit the offense shall be
1 44 seized. The officer taking possession of the motor
1 45 vehicle shall make a written inventory of the motor
1 46 vehicle and any property contained in the vehicle and
1 47 deliver a copy of the inventory to the person from
1 48 whom it was seized and the county attorney. If the
1 49 person operating the motor vehicle is not the
1 50 registered owner or titleholder of the vehicle, the
2 1 officer shall also cause a copy of the inventory to be
2 2 delivered to the registered owner or titleholder, or
2 3 both the registered owner and titleholder if they are
2 4 different persons. The county attorney shall file a
2 5 copy of the inventory with the district court in the
2 6 county in which the motor vehicle was seized, along
2 7 with a list of the names and addresses of the persons
2 8 who have received copies of the inventory.
2 9 Sec. . NEW SECTION. 321M.3 APPLICATIONS FOR
2 10 RETURN OF VEHICLE.
2 11 Any person claiming right to immediate possession
2 12 of the vehicle may make application for the vehicle's
2 13 return in the office of the clerk of the district
2 14 court for the county in which the property was seized.
2 15 The application shall state the nature of the
2 16 claimant's interest and the grounds upon which the
2 17 claimant seeks to have the property immediately
2 18 returned. If no grounds are set out in the
2 19 application for a return, the court may enter judgment
2 20 on the pleadings without further hearing.
2 21 Sec. . NEW SECTION. 321M.4 HEARING &endash; APPEAL.
2 22 1. Unless the person making application is the
2 23 person who operated the motor vehicle in violation of
2 24 section 321.218, 321.561, 321A.32, or 321J.21, an
2 25 application for the return of the motor vehicle shall
2 26 be set for hearing not less than five nor more than
2 27 thirty days after the filing of the application and
2 28 shall be tried to the court. If the person making
2 29 application is the person who operated the motor
2 30 vehicle, the hearing on the application shall be held
2 31 not less than five nor more than thirty days after
2 32 receipt of the copy of the notice of the period of
2 33 revocation, suspension, or bar from the department of
2 34 transportation. All claims to the same motor vehicle
2 35 shall be heard in one proceeding unless it is shown
2 36 that the proceeding would result in prejudice to one
2 37 or more parties. If the total value of the motor
2 38 vehicle sought to be returned is less than ten
2 39 thousand dollars, the proceeding may be conducted by a
2 40 magistrate or a district associate judge, and appeals
2 41 are to be conducted under the same procedures
2 42 applicable to appeals of small claims. In all other
2 43 cases, the hearing shall be conducted by a district
2 44 judge. Appeals from judgments entered by a district
2 45 judge shall be made within thirty days after the entry
2 46 of a judgment order. The motor vehicle shall remain
2 47 in impoundment during the course of the appeal.
2 48 2. The following persons shall be entitled to
2 49 immediate return of the motor vehicle without payment
2 50 of costs associated with seizure or impoundment of the
3 1 vehicle:
3 2 a. The owner of the motor vehicle, if the person
3 3 is not the same person as the person who operated the
3 4 motor vehicle and the motor vehicle was operated
3 5 without the owner's knowledge or consent, either
3 6 express or implied.
3 7 b. A motor vehicle rental or leasing agency, if
3 8 the agency did not or could not have known that the
3 9 person operating the motor vehicle did not have a
3 10 valid motor vehicle license or operating privileges
3 11 and the operation of the motor vehicle in violation of
3 12 section 321.218, 321.561, 321A.32, or 321J.21
3 13 constitutes a violation of the rental or leasing
3 14 agreement.
3 15 c. A person who owns the motor vehicle and who is
3 16 charged but is not convicted of the violation of
3 17 section 321.218, 321.561, 321A.32, or 321J.21, which
3 18 resulted in the seizure and impoundment of the motor
3 19 vehicle under this chapter.
3 20 3. A person who owns a motor vehicle which has
3 21 been seized and impounded under this chapter who knew
3 22 or should have known, or who gave consent to the
3 23 operation of the motor vehicle by the person whose
3 24 motor vehicle license was suspended or revoked, shall
3 25 be entitled to the return of the motor vehicle upon
3 26 payment of the costs, as well as the costs of the
3 27 hearing on the application, which are associated with
3 28 the seizure and impoundment of the motor vehicle.
3 29 4. A person who owns a motor vehicle which has
3 30 been seized and impounded under this chapter who has
3 31 been convicted of a violation of section 321.218,
3 32 321.561, 321A.32, or 321J.21 shall be entitled to the
3 33 return of the motor vehicle upon expiration of the
3 34 period of revocation or suspension and upon payment of
3 35 the costs, as well as the costs of the hearing on the
3 36 application, which are associated with the seizure and
3 37 impoundment of the motor vehicle."
3 38 #2. Title page, line 15, by inserting after the
3 39 word "offender," the following: "providing for the
3 40 impoundment of motor vehicles which are driven by
3 41 persons whose licenses are suspended, revoked, or
3 42 barred for or arising out of an operating-while-
3 43 intoxicated violation,".
3 44 #3. By renumbering as necessary.
3 45
3 46
3 47
3 48 WITT of Black Hawk
3 49
3 50
4 1
4 2 WELTER of Jones
4 3 SF 446.301 76
4 4 lh/cf
Text: H03809 Text: H03811 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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