Text: HF00118 Text: HF00120 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.4A, Code 1995, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 321J.4A MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION. 1 5 1. If a person is convicted of a second or subsequent 1 6 offense of operating while intoxicated, the court shall order 1 7 that any motor vehicles owned by the person and any motor 1 8 vehicles operated by the person be impounded or immobilized. 1 9 2. The order shall specify all of the following: 1 10 a. The motor vehicles that are subject to the order. 1 11 b. The period of impoundment or immobilization. 1 12 c. The place at which the motor vehicles are to be 1 13 impounded or immobilized. 1 14 d. The person or agency who is to be responsible for 1 15 carrying out the order requiring impoundment or immobilization 1 16 of the motor vehicle. If a vehicle which is to be impounded 1 17 or immobilized is in the custody of a law enforcement agency, 1 18 the court shall designate that agency as the responsible 1 19 agency. If the vehicle is not in the custody of a law 1 20 enforcement agency, the person or agency responsible for 1 21 carrying out the order shall be any person deemed appropriate 1 22 by the court, including but not limited to a law enforcement 1 23 agency with jurisdiction over the area in which the residence 1 24 of the convicted person is located. 1 25 3. The clerk of the district court shall send a copy of 1 26 the order to the department, the person convicted of the 1 27 offense, the motor vehicle owner if owner is not the person 1 28 convicted, and the person or agency responsible for executing 1 29 the order for impoundment or immobilization. 1 30 4. If the vehicle to be impounded or immobilized is in the 1 31 custody of a law enforcement agency, the agency shall 1 32 immobilize or impound the vehicle upon receipt of the order, 1 33 seize the motor vehicle's license plates and registration, and 1 34 shall send or deliver the vehicle's license plates and 1 35 registration to the department. 2 1 5. If the vehicle to be impounded or immobilized is not in 2 2 the custody of a law enforcement agency, the person designated 2 3 in the order as the person responsible for executing the order 2 4 shall, upon receipt of the order, promptly search for and 2 5 locate the vehicle specified in the order, seize the motor 2 6 vehicle license plates, and send or deliver the vehicle's 2 7 license plates to the department. 2 8 6. If the vehicle is located at a place other than the 2 9 place specified in the order as the place at which the 2 10 impoundment or immobilization is to be carried out, the person 2 11 or agency responsible for executing the order shall arrange 2 12 for the vehicle to be moved to the place specified in the 2 13 order as the place of impoundment or immobilization. When the 2 14 vehicle is found, is impounded or immobilized, and is at the 2 15 place specified in the order as the place of impoundment or 2 16 immobilization, the person or agency responsible for executing 2 17 the order shall notify the clerk of the date on which the 2 18 order was executed. The clerk shall notify the department of 2 19 the date on which the order was executed. 2 20 7. The department shall destroy license plates received 2 21 under this section. 2 22 8. Except where the person, who is convicted of operating 2 23 while intoxicated and being a second or subsequent offender, 2 24 is not lawfully in possession of the motor vehicle, the owner 2 25 of any motor vehicle that is impounded or immobilized under 2 26 this section shall be assessed a fee of one hundred dollars 2 27 plus the cost of any expenses for storage of the motor 2 28 vehicle, to be paid to the clerk of the district court. Upon 2 29 payment of the fee and costs, the clerk shall forward a copy 2 30 of the receipt to the department. 2 31 9. If a law enforcement agency impounds or immobilizes a 2 32 motor vehicle, the amount of the fee and expenses deposited 2 33 with the clerk shall be paid by the clerk to the law 2 34 enforcement agency responsible for executing the order to 2 35 reimburse the agency for costs incurred for impoundment or 3 1 immobilization equipment and, if required, in sending officers 3 2 to search for and locate the vehicle specified in the 3 3 impoundment or immobilization order. 3 4 10. A motor vehicle, which is subject to an order of 3 5 impoundment or immobilization, shall be forfeited to the state 3 6 under chapter 809 and the proceeds shall be forwarded to the 3 7 clerk of the district court for purposes of defraying the 3 8 costs of prosecution of the defendant. Any unexpended funds 3 9 remaining after payment of the costs of prosecution shall be 3 10 forwarded to the appropriate law enforcement or corrections 3 11 agency for purposes of defraying the costs resulting from any 3 12 incarceration of the defendant. 3 13 11. The title of the motor vehicle which is subject to an 3 14 order of impoundment or immobilization shall not be sold or 3 15 transferred by the person convicted of the offense of 3 16 operating while intoxicated, which resulted in the issuance of 3 17 the order of impoundment or immobilization. If, during the 3 18 period of impoundment or immobilization, the title to the 3 19 motor vehicle which is the subject of the order is transferred 3 20 by the foreclosure of a chattel mortgage, a sale upon 3 21 execution, the cancellation of a conditional sales contract, 3 22 or an order of a court, the court which enters the order that 3 23 permits transfer of the title shall notify the department of 3 24 the transfer of the title. The department shall enter notice 3 25 of the transfer of the title to the motor vehicle in the 3 26 previous owner's vehicle registration record. 3 27 12. Notwithstanding the requirements of this section, if 3 28 the owner of the motor vehicle is not the person who is 3 29 convicted of the offense which resulted in the issuance of the 3 30 order of impoundment or immobilization, the owner or the 3 31 owner's designee shall be permitted to submit a claim for 3 32 return of the motor vehicle within twenty-four hours from 3 33 receipt of the order for impoundment or immobilization. The 3 34 vehicle shall be returned to the owner, or owner's designee, 3 35 and the order for impoundment or immobilization shall be 4 1 rescinded with respect to the particular motor vehicle, if the 4 2 owner or owner's designee can prove to the satisfaction of the 4 3 court that the owner did not know or should not have known 4 4 that the vehicle was to be used in the commission of the 4 5 offense of operating while intoxicated and being a second or 4 6 subsequent offender. For purposes of this section, unless the 4 7 person convicted of the offense which results in the 4 8 imposition of the order for impoundment or immobilization is 4 9 not in lawful possession of the motor vehicle used in the 4 10 commission of the offense, an owner of a motor vehicle shall 4 11 be presumed to know of any operating while intoxicated 4 12 convictions, which occurred within the previous six years, of 4 13 a person who uses the owner's motor vehicle. 4 14 Sec. 2. Section 809.1, subsection 4, Code 1995, is amended 4 15 to read as follows: 4 16 4.TheExcept as otherwise provided in section 321J.4A, 4 17 the definitions contained in subsections 1 through 3 shall not 4 18 apply to violations of chapter 321 or 321J. 4 19 Sec. 3. STATE MANDATE. The funds generated by the 4 20 forfeiture of automobiles under this Act are payment of the 4 21 costs of any additional duties imposed under this bill for 4 22 purposes of section 25B.2, subsection 3. 4 23 EXPLANATION 4 24 This bill provides, upon the conviction of a person of 4 25 operating while intoxicated and being a second or subsequent 4 26 offender (OWI 2nd), for the impoundment or immobilization and 4 27 forfeiture of motor vehicles that are either owned or used by 4 28 the person to commit the offense. With the exception of the 4 29 situation in which the person convicted of OWI 2nd is not in 4 30 lawful possession of the motor vehicle, owners of motor 4 31 vehicles which are the subject of orders for impoundment or 4 32 immobilization must pay a fee of $100 plus expenses to cover 4 33 the cost of impoundment or immobilization. Motor vehicles 4 34 which are impounded or immobilized will be forfeited to the 4 35 state. An owner, who is not the person convicted of the 5 1 offense of OWI 2nd, and who either did not know or should not 5 2 have known that the vehicle was to be used in the commission 5 3 of the offense has the opportunity to obtain the release of 5 4 the vehicle if the owner can prove that they did not know or 5 5 should not have known about the offense. The bill establishes 5 6 a presumption that owners have knowledge of convictions that 5 7 occurred within the previous six years of persons who use 5 8 their motor vehicles, with the exception of those persons who 5 9 unlawfully obtain possession of the motor vehicle. 5 10 This bill may include a state mandate as defined in section 5 11 25B.3. However, funds generated under the bill are considered 5 12 to be payment of the costs of any additional duties imposed 5 13 under the bill. 5 14 LSB 1162YH 76 5 15 lh/cf/24
Text: HF00118 Text: HF00120 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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