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PAG LIN 1 1 Section 1. Section 321J.4, subsection 8, Code Supplement 1 2 1995, is amended to read as follows: 1 3 8. a. A person whose motor vehicle license has either 1 4 been revoked under this chapter, or revoked or suspended under 1 5 chapter 321 solely for violations of this chapter, or who has 1 6 been determined to be a habitual offender under chapter 321 1 7 based solely on violations of this chapter, and who is not 1 8 eligible for a temporary restricted license under this chapter 1 9 may petition the court upon the expiration of the minimum 1 10 period of ineligibility for a temporary restricted license 1 11 provided for under this section or section 321J.9, 321J.12, or 1 12 321J.20 for an order to the departmentto requirerequiring 1 13 the department to issue a temporary restricted license to the 1 14 person, notwithstanding section 321.560. Upon the filing of a 1 15 petition for a temporary restricted license under this 1 16 section, the clerk of the district court in the county where 1 17 the violation that resulted in the revocation occurred shall 1 18 send notice of the petition to the department and the 1 19 prosecuting attorney. The department and the prosecuting 1 20 attorney shall each be given an opportunity to respond to and 1 21 request a hearing on the petition. 1 22 b. The court shall determine if the temporary restricted 1 23 license is necessary for the person to maintain the person's 1 24 present full-time or part-time employment; necessary child 1 25 care; continuing health care or the continuing health care of 1 26 another who is dependent upon the person; continuing education 1 27 while enrolled in an educational institution on a part-time or 1 28 full-time basis and while pursuing a course of study leading 1 29 to a diploma, degree, or other certification of successful 1 30 educational completion; substance abuse treatment; or court- 1 31 ordered community service responsibilities. However, a 1 32 temporary restricted license shall not be ordered or issued 1 33 for violations of section 321J.2A or to persons under the age 1 34 of twenty-one who commit violations under section 321J.2. 1 35 c. If the court determines that the temporary restricted 2 1 license is necessaryfor the person to maintain the person's2 2present employmentbased upon consideration of any of the 2 3 factors listed in paragraph "b", and that the minimum period 2 4 of ineligibility for receipt of a temporary license has 2 5 expired, the court shall order the department to issue to the 2 6 person a temporary restricted license conditioned upon the 2 7 person's certification to the court of the installation of 2 8 approved ignition interlock devices in all motor vehicles that 2 9 it is necessary for the person to operateto maintain the2 10person's present employment. The court shall specify in its 2 11 order the limited purposes and specific places for which the 2 12 temporary restricted license shall be used by the person 2 13 petitioning the court. The temporary restricted license 2 14 issued by the department pursuant to such an order shall 2 15 specify the court-ordered place and purpose restrictions. 2 16 d. Section 321.561 does not apply to a person operating a 2 17 motor vehicle in the manner permitted under this subsection. 2 18 e. If the person operates a motor vehicle which does not 2 19 have an approved ignition interlock device or if the person 2 20 tampers with or circumvents an ignition interlock device, in 2 21 addition to other penalties provided, the person's temporary 2 22 restricted license shall be revoked. 2 23 f. A person holding a temporary restricted license issued 2 24 under this subsection shall not operate a commercial motor 2 25 vehicle, as defined in section 321.1, on a highway if a 2 26 commercial driver's license is required for the person to 2 27 operate the commercial motor vehicle. 2 28 Sec. 2. Section 321J.20, subsection 1, Code Supplement 2 29 1995, is amended to read as follows: 2 30 1. The department may, on application, issue a temporary 2 31 restricted license to a person whose motor vehicle license is 2 32 revoked under this chapter allowing the person to drive to and 2 33 from the person's home and specified places at specified times 2 34 which can be verified by the department and which are required 2 35 by the person's full-time or part-time employment,; necessary 3 1 child care; continuing health care or the continuing health 3 2 care of another who is dependent upon the person, continuing 3 3 education while enrolled in an educational institution on a 3 4 part-time or full-time basis and while pursuing a course of 3 5 study leading to a diploma, degree, or other certification of 3 6 successful educational completion,; substance abuse 3 7 treatment,; and court-ordered community service 3 8 responsibilities if the person's motor vehicle license has not 3 9 been revoked under section 321J.4, 321J.9, or 321J.12 within 3 10 the previous six years and if any of the following apply: 3 11 a. The person's motor vehicle license is revoked under 3 12 section 321J.4, subsection 1, 2, 4, or 6, and the minimum 3 13 period of ineligibility for issuance of a temporary restricted 3 14 license has expired. 3 15 b. The person's motor vehicle license is revoked under 3 16 section 321J.9 and the person has entered a plea of guilty on 3 17 a charge of a violation of section 321J.2 which arose from the 3 18 same set of circumstances which resulted in the person's motor 3 19 vehicle license revocation under section 321J.9 and the guilty 3 20 plea is not withdrawn at the time of or after application for 3 21 the temporary restricted license, and the minimum period of 3 22 ineligibility for issuance of a temporary restricted license 3 23 has expired. 3 24 c. The person's motor vehicle license is revoked under 3 25 section 321J.12, and the minimum period of ineligibility for 3 26 issuance of a temporary restricted license has expired. 3 27 However, a temporary restricted license may be issued if 3 28 the person's motor vehicle license is revoked under section 3 29 321J.9, and the revocation is a second revocation under this 3 30 chapter, and the first three hundred and sixty-five days of 3 31 the revocation have expired. 3 32 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 3 33 immediate importance, takes effect upon enactment. 3 34 HF 2331 3 35 jls/pk/25
Text: HF02330 Text: HF02332 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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