Text: HF00296 Text: HF00298 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321M.1 IMPOUNDMENT OF MOTOR
1 2 VEHICLES USED TO COMMIT CERTAIN OFFENSES &endash; LIABILITY OF OWNER
1 3 PERMITTING ILLEGAL USE OF VEHICLE.
1 4 1. If a person whose motor vehicle license or operating
1 5 privilege has been suspended, denied, revoked, or barred under
1 6 section 321.209, 321.210, 321.210A, 321.560, 321A.4, 321A.5,
1 7 321A.17, or 321J.17, for an offense which arose out of the
1 8 same facts and circumstances that resulted in the person's
1 9 conviction of a violation of section 321J.2, or has been
1 10 revoked under section 321J.9 or 321J.12 or section 707.6A,
1 11 subsection 1, paragraph "a", operates a motor vehicle in
1 12 violation of section 321.218, 321.561, 321A.32, or 321J.21,
1 13 and the person knew or should have known that the person's
1 14 license has been suspended, denied, revoked, or barred, the
1 15 motor vehicle which is operated shall be impounded as provided
1 16 in this chapter. If the person who operates the motor vehicle
1 17 is the owner of the motor vehicle, the person shall not be
1 18 permitted to regain possession of the motor vehicle until the
1 19 period of revocation or suspension has ended. The department
1 20 of transportation shall send a copy of the notice advising a
1 21 person convicted of a violation of section 321.218, 321.561,
1 22 321A.32, or 321J.21, of the date of expiration of the period
1 23 of revocation or suspension to the court which enters the
1 24 order of conviction.
1 25 2. A person who owns a motor vehicle, who is not the
1 26 person who operates the motor vehicle under subsection 1, but
1 27 who knows of, should have known of, or gives consent to the
1 28 operation of the motor vehicle in violation of subsection 1,
1 29 shall be jointly liable for any damage caused by the person
1 30 who operated the motor vehicle, as well as for any costs
1 31 associated with the seizure or impoundment of the motor
1 32 vehicle.
1 33 Sec. 2. NEW SECTION. 321M.2 NOTICE OF SEIZURE.
1 34 Upon the arrest of a person for a violation of section
1 35 321.218, 321.561, 321A.32, or 321J.21, the motor vehicle used
2 1 to commit the offense shall be seized. The officer taking
2 2 possession of the motor vehicle shall make a written inventory
2 3 of the motor vehicle and any property contained in the vehicle
2 4 and deliver a copy of the inventory to the person from whom it
2 5 was seized and the county attorney. If the person operating
2 6 the motor vehicle is not the registered owner or titleholder
2 7 of the vehicle, the officer shall also cause a copy of the
2 8 inventory to be delivered to the registered owner or
2 9 titleholder, or both the registered owner and titleholder if
2 10 they are different persons. The county attorney shall file a
2 11 copy of the inventory with the district court in the county in
2 12 which the motor vehicle was seized, along with a list of the
2 13 names and addresses of the persons who have received copies of
2 14 the inventory.
2 15 Sec. 3. NEW SECTION. 321M.3 APPLICATIONS FOR RETURN OF
2 16 VEHICLE.
2 17 Any person claiming right to immediate possession of the
2 18 vehicle may make application for the vehicle's return in the
2 19 office of the clerk of the district court for the county in
2 20 which the property was seized. The application shall state
2 21 the nature of the claimant's interest and the grounds upon
2 22 which the claimant seeks to have the property immediately
2 23 returned. If no grounds are set out in the application for a
2 24 return, the court may enter judgment on the pleadings without
2 25 further hearing.
2 26 Sec. 4. NEW SECTION. 321M.4 HEARING &endash; APPEAL.
2 27 1. Unless the person making application is the person who
2 28 operated the motor vehicle in violation of section 321.218,
2 29 321.561, 321A.32, or 321J.21, an application for the return of
2 30 the motor vehicle shall be set for hearing not less than five
2 31 nor more than thirty days after the filing of the application
2 32 and shall be tried to the court. If the person making
2 33 application is the person who operated the motor vehicle, the
2 34 hearing on the application shall be held not less than five
2 35 nor more than thirty days after receipt of the copy of the
3 1 notice of the period of revocation, suspension, or bar from
3 2 the department of transportation. All claims to the same
3 3 motor vehicle shall be heard in one proceeding unless it is
3 4 shown that the proceeding would result in prejudice to one or
3 5 more parties. If the total value of the motor vehicle sought
3 6 to be returned is less than ten thousand dollars, the
3 7 proceeding may be conducted by a magistrate or a district
3 8 associate judge, and appeals are to be conducted under the
3 9 same procedures applicable to appeals of small claims. In all
3 10 other cases, the hearing shall be conducted by a district
3 11 judge. Appeals from judgments entered by a district judge
3 12 shall be made within thirty days after the entry of a judgment
3 13 order. The motor vehicle shall remain in impoundment during
3 14 the course of the appeal.
3 15 2. The following persons shall be entitled to immediate
3 16 return of the motor vehicle without payment of costs
3 17 associated with seizure or impoundment of the vehicle:
3 18 a. The owner of the motor vehicle, if the person is not
3 19 the same person as the person who operated the motor vehicle
3 20 and the motor vehicle was operated without the owner's
3 21 knowledge or consent, either express or implied.
3 22 b. A motor vehicle rental or leasing agency, if the agency
3 23 did not or could not have known that the person operating the
3 24 motor vehicle did not have a valid motor vehicle license or
3 25 operating privileges and the operation of the motor vehicle in
3 26 violation of section 321.218, 321.561, 321A.32, or 321J.21
3 27 constitutes a violation of the rental or leasing agreement.
3 28 c. A person who owns the motor vehicle and who is charged
3 29 but is not convicted of the violation of section 321.218,
3 30 321.561, 321A.32, or 321J.21, which resulted in the seizure
3 31 and impoundment of the motor vehicle under this chapter.
3 32 3. A person who owns a motor vehicle which has been seized
3 33 and impounded under this chapter who knew or should have
3 34 known, or who gave consent to the operation of the motor
3 35 vehicle by the person whose motor vehicle license was
4 1 suspended or revoked, shall be entitled to the return of the
4 2 motor vehicle upon payment of the costs, as well as the costs
4 3 of the hearing on the application, which are associated with
4 4 the seizure and impoundment of the motor vehicle.
4 5 4. A person who owns a motor vehicle which has been seized
4 6 and impounded under this chapter who has been convicted of a
4 7 violation of section 321.218, 321.561, 321A.32, or 321J.21
4 8 shall be entitled to the return of the motor vehicle upon
4 9 expiration of the period of revocation or suspension and upon
4 10 payment of the costs, as well as the costs of the hearing on
4 11 the application, which are associated with the seizure and
4 12 impoundment of the motor vehicle.
4 13 EXPLANATION
4 14 This bill provides for the impoundment of motor vehicles
4 15 used to commit knowing violations of various provisions
4 16 prohibiting the operation of motor vehicles while a person's
4 17 motor vehicle license is suspended, revoked, or barred if the
4 18 reason for the suspension, revocation, or bar is related to an
4 19 operation while intoxicated offense. Persons who use their
4 20 own vehicles to commit the offenses specified under the
4 21 chapter cannot get the vehicles back until after the period of
4 22 suspension, revocation, or bar have ended and the person has
4 23 paid for the costs associated with the seizure and
4 24 impoundment. Persons who are not convicted of one of the
4 25 offenses and persons who did not knowingly permit the use of
4 26 the motor vehicle in the commission of the offense are
4 27 permitted to get their vehicles back without paying for the
4 28 costs of seizure and impoundment. Persons who did know or
4 29 consent to the use of the vehicle by someone whose license is
4 30 revoked, suspended, or barred can get the vehicle back, but
4 31 they are not only jointly liable for any damage that the
4 32 person who committed the offense may have caused but they also
4 33 must pay for the costs associated with the seizure and
4 34 impoundment of the motor vehicle.
4 35 A hearing must be held on applications for possession of a
5 1 motor vehicle. If the owner of the vehicle is not the person
5 2 who operated the vehicle while under revocation, suspension,
5 3 or a bar, then the hearing is to be held not sooner than five
5 4 but not less than 30 days after the filing of the application.
5 5 If the owner is the person who committed the violation, the
5 6 hearing is to be held not sooner than five but not less than
5 7 30 days after receipt of the notice from the department of
5 8 transportation, which contains the information relating to the
5 9 length of revocation, suspension, or bar. If the value of the
5 10 motor vehicle is less than $10,000, the hearing may be held
5 11 before a magistrate or district associate judge and appealed
5 12 in the same manner as small claims proceedings. If the value
5 13 of the motor vehicle is $10,000 or more, the matter is to be
5 14 heard by a district judge. Appeals from an order of a
5 15 district judge are to be made within 30 days of entry of the
5 16 order. The motor vehicle is to remain in impoundment during
5 17 the course of the appeal.
5 18 LSB 1766YH 76
5 19 lh/jw/5
Text: HF00296 Text: HF00298 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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