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Text: HF02048                           Text: HF02050
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House File 2049

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.52, subsection 2, paragraph a,
  1  2 subparagraph (4), Code Supplement 1995, is amended to read as
  1  3 follows:
  1  4    (4)  The suspension of the motor vehicle license or
  1  5 operating privilege of the child, for a period of one year,
  1  6 for the commission of one or more any delinquent acts which
  1  7 are a act that includes any of the following:
  1  8    (a)  A first or subsequent violation of section any of the
  1  9 following:
  1 10    (i)  Section 123.46, section.
  1 11    (ii)  Section 123.47 regarding that involves the purchase
  1 12 or attempt to purchase of alcoholic beverages, or chapter.
  1 13    (iii)  Chapter 124, or two or more delinquent acts which
  1 14 are a.
  1 15    (iv)  Section 126.3.
  1 16    (v)  Chapter 453B.
  1 17    (vi)  Chapter 723A.
  1 18    (b)  A second or subsequent violation of section 123.47
  1 19 regarding that involves the possession of alcoholic beverages
  1 20 for a period of one year.
  1 21    PARAGRAPH DIVIDED.  The child may be issued a temporary
  1 22 restricted license or school license if the child is otherwise
  1 23 eligible.
  1 24    Sec. 2.  Section 321.210, subsection 1, Code 1995, is
  1 25 amended to read as follows:
  1 26    1.  The department is authorized to establish rules
  1 27 providing for the suspension of the license of an operator
  1 28 upon twenty days' notice and without preliminary hearing upon
  1 29 a showing by its records or other sufficient evidence that the
  1 30 licensee:
  1 31    a.  Is an habitually reckless or negligent driver of a
  1 32 motor vehicle.
  1 33    b.  Is an habitual violator of the traffic laws.
  1 34    c.  Is physically or mentally incapable of safely operating
  1 35 a motor vehicle.
  2  1    d.  Has permitted an unlawful or fraudulent use of the
  2  2 license.
  2  3    e.  Has committed an offense or acted in a manner in
  2  4 another state or foreign jurisdiction which in this state
  2  5 would be grounds for suspension or revocation.
  2  6    f.  Has committed a serious violation of the motor vehicle
  2  7 laws of this state.
  2  8    g.  Is subject to a license suspension under section
  2  9 321.513.
  2 10    h.  Has been convicted of an offense under chapter 723A.
  2 11    Prior to a suspension taking effect under paragraph "a",
  2 12 "b", "c", "d", "e", or "f", or "h", the licensee shall have
  2 13 received twenty days' advance notice of the effective date of
  2 14 the suspension.  Notwithstanding the terms of the Iowa
  2 15 administrative procedure Act, the filing of a petition for
  2 16 judicial review shall operate to stay the suspension pending
  2 17 the determination by the district court.
  2 18    Sec. 3.  Section 321.212, Code 1995, is amended by adding
  2 19 the following new paragraph:
  2 20    NEW PARAGRAPH.  e.  The department shall suspend a license
  2 21 under section 321.210, subsection 1, paragraph "h", for one
  2 22 year.
  2 23    Sec. 4.  Section 321.213A, Code Supplement 1995, is amended
  2 24 to read as follows:
  2 25    321.213A  LICENSE SUSPENSION FOR JUVENILES ADJUDICATED
  2 26 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES.
  2 27    1.  Upon the entering of an order at the conclusion of a
  2 28 dispositional hearing under section 232.50, where the child
  2 29 has been adjudicated to have committed a delinquent act, which
  2 30 would be a the clerk of the juvenile court in the
  2 31 dispositional hearing shall forward a copy of the adjudication
  2 32 and dispositional order to the department, if the adjudication
  2 33 involves any of the following:
  2 34    a.  A first or subsequent violation of section any of the
  2 35 following:
  3  1    (1)  Section 123.46, section.
  3  2    (2)  Section 123.47 involving that involves the purchase or
  3  3 attempt to purchase alcoholic beverages, chapter.
  3  4    (3)  Chapter 124, section.
  3  5    (4)  Section 126.3, chapter.
  3  6    (5)  Chapter 453B, or a.
  3  7    (6)  Chapter 723A.
  3  8    b.  A second or subsequent violation of section 123.47
  3  9 regarding that involves the possession of alcoholic beverages,
  3 10 the clerk of the juvenile court in the dispositional hearing
  3 11 shall forward a copy of the adjudication and dispositional
  3 12 order to the department.
  3 13    2.  The department shall suspend the license or operating
  3 14 privilege of the child for one year.  The child may receive a
  3 15 temporary restricted license as provided in section 321.215.  
  3 16                           EXPLANATION
  3 17    This bill penalizes adults convicted of, and juveniles
  3 18 adjudicated delinquent for, offenses under chapter 723A,
  3 19 regarding criminal street gangs, by suspending for one year
  3 20 the motor vehicle license of the person committing the
  3 21 offense.
  3 22    The bill makes technical changes to the headnote and
  3 23 structure of sections 232.52 and 321.213A, in order to add
  3 24 clarity in its application to a list of offenses that has
  3 25 increased as a result of amendments since the section was
  3 26 first enacted.  
  3 27 LSB 3242YH 76
  3 28 jls/cf/24.1
     
Text: HF02048                           Text: HF02050
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