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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