Text: HF02266 Text: HF02268 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.4B, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 321J.4B MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION – 1 4 PENALTY – LIABILITY OF VEHICLE OWNER. 1 5 1. For purposes of this section: 1 6 a. "Immobilized" means the installation of a device in a 1 7 motor vehicle that completely prevents a motor vehicle from 1 8 being operated, or the installation of an ignition interlock 1 9 device of a type approved by the commissioner of public 1 10 safety. 1 11 b. "Impoundment" means the process of seizure and 1 12 confinement within an enclosed area of a motor vehicle, for 1 13 the purpose of restricting access to the vehicle. 1 14 c. "Owner" means the registered titleholder of a motor 1 15 vehicle; except in the case where a rental or leasing agency 1 16 is the registered titleholder, in which case the lessee of the 1 17 vehicle shall be treated as the owner of the vehicle for 1 18 purposes of this section. 1 19 2. A motor vehicle is subject to impoundment in the 1 20 following circumstances: 1 21 a. If a personis convicted of aoperates a vehicle in 1 22 violation of section 321J.2, and that vehicle operation 1 23 results in that person's second, third,or subsequent offense 1 24of operating while intoxicated, the court shall order that any1 25motor vehicles owned by the person and used to commit the1 26offense and any other motor vehicle usedunder section 321J.2. 1 27 b. If a person operates a vehicle while that person's 1 28 motor vehicle license or operating privilege has been 1 29 suspended, denied, revoked, or barred due to a violation of 1 30 section 321J.2. 1 31 3. The motor vehicle operated by the person in the 1 32 commission oftheany offense listed in subsection 2 shall be 1 33 immediately impounded or immobilized in accordance with this 1 34 section.For purposes of this section, "immobilized" means1 35the installation of a device that completely prevents a motor2 1vehicle from being operated, or the installation of an2 2ignition interlock device, of a type approved by the2 3commissioner of public safety, in a motor vehicle.2 4 a. A person or agency taking possession of an impounded 2 5 motor vehicle shall: 2 6 (1) Make a written inventory of any property contained in 2 7 the vehicle, and include the date and time of the inventory, 2 8 the name of the person taking custody of the property, and the 2 9 agency responsible for the motor vehicle and for the property. 2 10 The agency responsible for the motor vehicle shall deliver a 2 11 copy of the inventory to the operator of the vehicle, the 2 12 owner of the vehicle, and the county attorney. 2 13 (2) Contact all rental or leasing agencies registered as 2 14 owners of the vehicle, as well as any parties registered as 2 15 holders of a secured interest in the vehicle, in accordance 2 16 with subsection 13. 2 17 b. The county attorney shall file a copy of the inventory, 2 18 along with a list of the names and addresses of the persons 2 19 who were provided with copies of the inventory, with the 2 20 district court as part of the file related to the applications 2 21 for return of the vehicle. 2 22 4. An owner of a motor vehicle impounded or immobilized 2 23 under this section, who knows of, should have known of, or 2 24 gives consent to the operation of, the motor vehicle in 2 25 violation of subsection 2, shall be jointly and severally 2 26 liable for any damage caused by the person who operated the 2 27 motor vehicle, subject to the provisions of chapter 668. 2 28 5. a. Any person claiming the right to immediate 2 29 possession of the impounded vehicle may make application for 2 30 the vehicle's return in the office of the clerk of the 2 31 district court for the county in which the property was 2 32 seized. The application shall state the nature of the 2 33 claimant's interest and the grounds upon which the claimant 2 34 seeks to have the property immediately returned. If no 2 35 grounds are set out in the application for a return, the court 3 1 may enter judgment on the pleadings without further hearing. 3 2 b. An application for the return of the motor vehicle 3 3 shall be set for hearing not less than five nor more than 3 4 thirty days after the filing of the application and shall be 3 5 tried to the court. All claims to the same motor vehicle 3 6 shall be heard in one proceeding unless it is shown that the 3 7 proceeding would result in prejudice to one or more parties. 3 8 c. If the total value of the motor vehicle sought to be 3 9 returned is less than ten thousand dollars, the proceeding may 3 10 be conducted by a magistrate or a district associate judge, 3 11 and appeals are to be conducted under the same procedures 3 12 applicable to appeals of small claims. In all other cases, 3 13 the hearing shall be conducted by a district judge. Appeals 3 14 from judgments entered by a district judge shall be made 3 15 within thirty days after the entry of a judgment order. The 3 16 motor vehicle shall remain in impoundment during the course of 3 17 the appeal, unless released in accordance with this section. 3 18 d. The following persons shall be entitled to immediate 3 19 return of the motor vehicle without payment of costs 3 20 associated with seizure or impoundment of the vehicle: 3 21 (1) The owner of the motor vehicle, if the person is not 3 22 the same person as the person who operated the motor vehicle 3 23 and the motor vehicle was operated without the owner's 3 24 knowledge or consent, either express or implied. 3 25 (2) A motor vehicle rental or leasing agency, if the 3 26 agency did not or could not have known that the person 3 27 operating the motor vehicle did not have a valid motor vehicle 3 28 license or operating privileges, and the operation of the 3 29 motor vehicle in the manner asserted constitutes a violation 3 30 of the rental or leasing agreement. 3 31 (3) A person who owns the motor vehicle and who is charged 3 32 but is not convicted of the violation of section 321.218, 3 33 321.561, 321A.32, or 321J.21, which resulted in the seizure 3 34 and impoundment of the motor vehicle under this section. 3 35 e. A person who owns a motor vehicle which has been seized 4 1 and impounded under this chapter who knew or should have 4 2 known, or who gave consent to the operation of the motor 4 3 vehicle by the person whose motor vehicle license was 4 4 suspended or revoked, shall be entitled to the return of the 4 5 motor vehicle upon payment of the costs, as well as the costs 4 6 of the hearing on the application, which are associated with 4 7 the seizure and impoundment of the motor vehicle. 4 8 f. A person who owns a motor vehicle which has been seized 4 9 and impounded under this chapter who has been convicted of a 4 10 violation of section 321.218, 321.561, 321A.32, or 321J.21 4 11 shall be entitled to the return of the motor vehicle upon 4 12 expiration of the period of revocation or suspension and upon 4 13 payment of the costs, as well as the costs of the hearing on 4 14 the application, which are associated with the seizure and 4 15 impoundment of the motor vehicle. 4 162.g.TheA court order issued after a hearing held under 4 17 this subsection requiring continued impoundment or 4 18 immobilization shall specify all of the following: 4 19a.(1) The motor vehicles that are subject to the order. 4 20b.(2) The period of impoundment or immobilization. 4 21c.(3) The person or agency responsible for carrying out 4 22 the order requiring impoundment or immobilization of the motor 4 23 vehicle. 4 24 h. Ifathe vehiclewhich is to be impounded or4 25immobilizedsubject to the order is in the custody of a law 4 26 enforcement agency, the court shall designate that agency as 4 27 the responsible agency. If the vehicle is not in the custody 4 28 of a law enforcement agency, the person or agency responsible 4 29 for carrying out the order shall be any person deemed 4 30 appropriate by the court, including but not limited to a law 4 31 enforcement agency with jurisdiction over the area in which 4 32 the residence of the vehicle owner is located. The person or 4 33 agency responsible for carrying out the order shall determine 4 34 whether the motor vehicle shall be impounded or immobilized. 4 353.i. The period of impoundment or immobilization of a 5 1 motor vehicle under this section shall be the period of 5 2 license revocation imposed upon the person convicted of the 5 3 offense or one hundred eighty days, whichever period is 5 4 longer. The impoundment or immobilization period shall 5 5 commence on the day that the vehicle isactuallyfirst 5 6 impounded or immobilized. 5 74.j. The clerk of the district court shall send a copy of 5 8 the order to the department, the person convicted of the 5 9 offense, the motor vehicle owner if the owner is not the 5 10 person convicted,andthe person or agency responsible for 5 11 executing the order for impoundment or immobilization, and any 5 12 holders of any security interests in the vehicle. 5 135.6. a. If the vehicleto be impounded or immobilized5 14 subject to the court order is in the custody of a law 5 15 enforcement agency, the agency shall immobilize or impound the 5 16 vehicle upon receipt of the order, seize the motor vehicle's 5 17 license plates and registration, and shall send or deliver the 5 18 vehicle's license plates and registration to the department. 5 196.b. If the vehicleto be impounded or immobilized5 20 subject to the court order is not in the custody of a law 5 21 enforcement agency, the person or agency designated in the 5 22 order as the person or agency responsible for executing the 5 23 order shall, upon receipt of the order, promptly locate the 5 24 vehicle specified in the order, seize the motor vehicle and 5 25 the license plates, and send or deliver the vehicle's license 5 26 plates to the department. 5 277.c. If the vehicle is located at a place other than the 5 28 place at which theimpoundment or immobilizationcourt order 5 29 is to be carried out, the person or agency responsible for 5 30 executing the order shall arrange for the vehicle to be moved 5 31 to the place of impoundment or immobilization. When the 5 32 vehicle is found, is impounded or immobilized, and is at the 5 33 place of impoundment or immobilization, the person or agency 5 34 responsible for executing the order shall notify the clerk of 5 35 the date on which the order was executed. The clerk shall 6 1 notify the department of the date on which the order was 6 2 executed. 6 3 d. A person or agency taking possession of a motor vehicle 6 4 under a court order for impoundment or immobilization shall: 6 5 (1) Make a written inventory of any property contained in 6 6 the vehicle, and include the date and time of the inventory, 6 7 the name of the person taking custody of the property, and the 6 8 agency responsible for the motor vehicle and for the property. 6 9 The agency responsible for the motor vehicle shall deliver a 6 10 copy of the inventory to the operator of the vehicle, the 6 11 owner of the vehicle, and the county attorney. 6 12 (2) Contact all rental or leasing agencies registered as 6 13 owners of the vehicle, as well as any parties registered as 6 14 holders of a secured interest in the vehicle, in accordance 6 15 with subsection 13. 6 168.7. Upon receipt of the court orderfor impoundment or6 17immobilization and seizure of the motor vehicle, if the agency 6 18 responsible for carrying out the order determines that the 6 19 motor vehicle is to be impounded, the agency shall review the 6 20 value of the vehicle in relation to the costs associated with 6 21 the period of impoundment of the motor vehicle specified in 6 22 the order. If the agency determines that the costs of 6 23 impoundment of the motor vehicle exceed the actual wholesale 6 24 value of the motor vehicle, the agency may treat the vehicle 6 25 as an abandoned vehicle pursuant to section 321.89. If the 6 26 agency elects to treat the motor vehicle as abandoned, the 6 27 agency shall notify the registered owner of the motor vehicle 6 28 that the vehicle shall be deemed abandoned and shall be sold 6 29 in the manner provided in section 321.89 if payment of the 6 30 total cost of impoundment is not received within twenty-one 6 31 days of the mailing of the notice. The agency shall provide 6 32 documentation regarding the valuation of the vehicle and the 6 33 costs of impoundment. This paragraph shall not apply to 6 34 vehicles that are immobilized pursuant to this section or if 6 35 subsection15 or 1613, paragraph "a" or "b" applies. 7 19.8. The department shall destroy license plates received 7 2 under this section and shall not authorize the release of the 7 3 vehicle or the issuance of new license plates for the vehicle 7 4 until the period of impoundment or immobilization has expired, 7 5 and the fee and costs assessed under subsection109 have been 7 6 paid. The fee for issuance of new license plates and 7 7 certificates of registration shall be the same as for the 7 8 replacement of lost, mutilated, or destroyed license plates 7 9 and certificates of registration. 7 1010.9. a.Except where the person who is convicted of7 11operating while intoxicated and being a second or subsequent7 12offender is not lawfully in possession of the motor vehicle,7 13theThe owner and operator of any motor vehicle that is 7 14 impounded or immobilized under this section shall be assessed 7 15 a fee of one hundred dollars plus the cost of any expenses for 7 16 towing, storage, and any other costs of impounding or 7 17 immobilizing the motor vehicle, to be paid to the clerk of the 7 18 district court, except as otherwise provided in this section. 7 19 The person or agency responsible for carrying out the order 7 20 shall inform the court of the costs of towing, storage, and 7 21 any other costs of impounding or immobilizing the motor 7 22 vehicle. Upon payment of the fee and costs, the clerk shall 7 23 forward a copy of the receipt to the department. 7 2411.b. If a law enforcement agency impounds or immobilizes 7 25 a motor vehicle, the amount of the fee and expenses deposited 7 26 with the clerk shall be paid by the clerk to the law 7 27 enforcement agency responsible for executing the order to 7 28 reimburse the agency for costs incurred for impoundment or 7 29 immobilization equipment and, if required, in sending officers 7 30 to search for and locate the vehicle specified in the 7 31 impoundment or immobilization order. 7 3212.10. Operating a motor vehicle on a street or highway 7 33 in this state in violation of an order of impoundment or 7 34 immobilization is a serious misdemeanor. A motor vehicle 7 35 which is subject to an order of impoundment or immobilization 8 1 that is operated on a street or highway in this state in 8 2 violation of the order shall be seized and forfeited to the 8 3 state under chapter 809. 8 413.11. Once the period of impoundment or immobilization 8 5 has expired, the owner of the motor vehicle shall have thirty 8 6 days to claim the motor vehicle and paytheany fees and 8 7 charges imposed under this section. If the owner or the 8 8 owner's designee has not claimed the vehicle and paidtheany 8 9 fees and charges imposed under this section within seven days 8 10 from the date of expiration of the period, the clerk shall 8 11 send written notification to the motor vehicle owner, at the 8 12 owner's last known address, notifying the owner of the date of 8 13 expiration of the period of impoundment or immobilization and 8 14 of the period in which the motor vehicle must be claimed. If 8 15 the motor vehicle owner fails to claim the motor vehicle and 8 16 paytheany fees and charges imposed within the thirty-day 8 17 period, the motor vehicle shall be forfeited to the state 8 18 under chapter 809. 8 1914.12. a. During the period of impoundment or 8 20 immobilization,a person convicted of the offense of operating8 21while intoxicated which resulted in the impoundment or8 22immobilizationan owner of an impounded or immobilized vehicle 8 23 shall not sell or transfer the title of the motor vehicle 8 24 which is subject to the order of impoundment or 8 25 immobilization.TheA personconvicted of the offense of8 26operating while intoxicatedheld to have committed an offense 8 27 enumerated in subsection 2, subjecting the motor vehicle 8 28 involved to impoundment or immobilization, shallalsonot 8 29 purchaseanother motor vehicleor register any motor vehicle 8 30 during the period of impoundment or immobilization. Violation 8 31 of this paragraph is a serious misdemeanor. 8 32 b. If, during the period of impoundment or immobilization, 8 33 the title to the motor vehicle which is the subject of the 8 34 order is transferred by the foreclosure of a chattel mortgage, 8 35 a sale upon execution, the cancellation of a conditional sales 9 1 contract, or an order of a court, the court which enters the 9 2 order that permits transfer of the title shall notify the 9 3 department of the transfer of the title. The department shall 9 4 enter notice of the transfer of the title to the motor vehicle 9 5 in the previous owner's vehicle registration record. 9 615.13. Notwithstandingtheother requirements of this 9 7 section, if the owner of the motor vehicle is not the person9 8who is convicted of the offense which resulted in the issuance9 9of the order of impoundment or immobilization or the owner of9 10the motor vehicle is a: 9 11 a. A motor vehicle rental or leasing company, the owner,9 12the owner's designee, or the rental or leasing companyshall 9 13 be permitted to submit a claim for return of the motor vehicle 9 14 within twenty-four hours from initial receipt ofthe order for9 15 notice of impoundment or immobilization. Upon learning the 9 16 address or phone number of a rental or leasing company which 9 17 owns a motor vehicle, the peace officer, county attorney, or 9 18 attorney general shall immediately contact the company to 9 19 inform the company that the vehicle is available for return to 9 20 the company. The vehicle shall be returned to theowner,9 21owner's designee, or rental or leasingcompany andtheany 9 22 order for impoundment or immobilization shall be rescinded 9 23 with respect to the particular motor vehicle, if theowner or9 24owner's designeecompany can prove to the satisfaction of the 9 25 court thatthe ownerit did not know or should not have known 9 26 that the vehicle was to be used inthe commission of the9 27offense of operating while intoxicated, or if the rental or9 28leasing company did not know, should not have known, and did9 29not consent to the operation of the motor vehicle used in the9 30commission of the offense of operating while intoxicated9 31 violation of subsection 2.For purposes of this section,9 32unless the person convicted of the offense which results in9 33the imposition of the order for impoundment or immobilization9 34is not in lawful possession of the motor vehicle used in the9 35commission of the offense, an owner of a motor vehicle shall10 1be presumed to know that the vehicle was to be used by the10 2person who is convicted of the offense, in the commission of10 3the offense of operating while intoxicated.10 416.b.Notwithstanding the requirements of this section,10 5theThe holder of a security interest in a vehicle which is 10 6 impounded or immobilized pursuant to this section or forfeited 10 7 in the manner provided in chapter 809 shall be notified of the 10 8 impoundment, immobilization, or forfeiture within seventy-two 10 9 hours of the seizure of the vehicle and shall have the right 10 10 to claim the motor vehicle without payment of any fees or 10 11 surcharges unless the value of the vehicle exceeds the value 10 12 of the security interest held by the creditor. 10 1317.c.Notwithstanding the requirements of this section,10 14anyAny of the following persons may make application to the 10 15 court for permission to operate a motor vehicle, which is 10 16 impounded or immobilized pursuant to this section, during the 10 17 period of impoundment or immobilization, if the applicant's 10 18 motor vehicle license or operating privilege has not been 10 19 suspended, denied, or revoked, and an ignition interlock 10 20 device of a type approved by the commissioner of public safety 10 21 is installed in the motor vehicle prior to operation: 10 22a.(1) A person, other than the person who committed the 10 23 offense which resulted in the impoundment or immobilization, 10 24 who is not a member of the immediate family of the person who 10 25 committed the offense but is a joint owner of the motor 10 26 vehicle. 10 27b.(2) A member of the immediate family of the person who 10 28 committed the offense which resulted in the impoundment or 10 29 immobilization, if the member demonstrates that the motor 10 30 vehicle that is subject to the order for impoundment or 10 31 immobilization is the only motor vehicle possessed by the 10 32 family. 10 33 For purposes of this section, "a member of the immediate 10 34 family" means a spouse, child, or parent of the person who 10 35 committed the offense. 11 118.14. The impoundment, immobilization, or forfeiture of 11 2 a motor vehicle under this chapter does not constitute loss of 11 3 use of a motor vehicle for purposes of any contract of 11 4 insurance. 11 5 Sec. 2. Section 321J.21, Code 1995, is amended to read as 11 6 follows: 11 7 321J.21 DRIVING WHILE LICENSE SUSPENDED, DENIED,OR11 8 REVOKED, OR BARRED. 11 9 A person whose motor vehicle license or nonresident 11 10 operating privilege has been suspended, denied,orrevoked, or 11 11 barred as provided in this chapter and who drives a motor 11 12 vehicleupon the highways of this statewhile the license or 11 13 privilege is suspended, denied,orrevoked, or barred commits 11 14 a serious misdemeanor. The department, upon receiving the 11 15 record of the conviction of a person under this section upon a 11 16 charge of driving a motor vehicle while the license of the 11 17 person was suspended, denied, revoked, ordeniedbarred, shall 11 18 extend the period of suspension, revocation,ordenial, or 11 19 barring of the license for an additional like period, and the 11 20 department shall not issue a new license during the additional 11 21 period. 11 22 Sec. 3. IMPLEMENTATION. Section 25B.2, subsection 3, 11 23 shall not apply to this Act. 11 24 EXPLANATION 11 25 This bill amends the section addressing impoundment or 11 26 immobilization of vehicles upon a second or subsequent 11 27 conviction for operating while intoxicated, adding the 11 28 impoundment or immobilization penalty for persons who operate 11 29 a vehicle while their license is suspended or revoked for an 11 30 OWI offense, and for owners of the vehicles that are operated 11 31 when these violations are committed, if the violation was 11 32 known or should have been known to the owner of the vehicle. 11 33 The bill makes the impoundment effective immediately. The 11 34 bill also makes an owner of such a vehicle jointly and 11 35 severally liable for any damage caused by the person operating 12 1 the vehicle, subject to the liability provisions of chapter 12 2 668, if the owner knows, should have known, or consents to 12 3 operation of the vehicle in the commission of the offense. 12 4 Such owners must also pay for costs of the hearing and for 12 5 impoundment costs. 12 6 The bill expressly adds a hearing procedure for 12 7 applications for return of the vehicle. The hearing must be 12 8 held not sooner than five but not more than 30 days after the 12 9 filing of the application. If the value of the motor vehicle 12 10 is less than $10,000, the hearing may be held before a 12 11 magistrate or district associate judge and appealed in the 12 12 same manner as small claims proceedings. The motor vehicle is 12 13 to remain in impoundment during the course of the appeal. 12 14 The bill also adds an inventory procedure to occur during 12 15 impoundment or immobilization, and makes technical changes to 12 16 sections 321J.4B and 321J.21, to make the language in those 12 17 sections consistent. 12 18 This bill may contain a state mandate, as defined by 12 19 chapter 25B. Section 3 of this bill makes inapplicable 12 20 section 25B.2, subsection 3, which would relieve a political 12 21 subdivision from complying with a state mandate if funding for 12 22 the cost of the state mandate is not provided or specified. 12 23 Therefore, political subdivisions are required to comply with 12 24 any state mandate included in this bill. 12 25 LSB 3097YH 76 12 26 jls/jw/5.2
Text: HF02266 Text: HF02268 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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