Text: HF02468 Text: HF02470 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. Section 321.218, subsection 1, Code Supplement 1 2 1995, is amended to read as follows: 1 3 1. A person whose motor vehicle license or operating 1 4 privilege has been denied, canceled, suspended, or revoked as 1 5 provided in this chapter, and who operates a motor vehicle 1 6 upon the highways of this state while the license or privilege 1 7 is denied, canceled, suspended, or revoked, commits aserious1 8misdemeanorviolation of this section, and notwithstanding 1 9 section 903.1, shall be punished as follows: 1 10 a. For a first offense under this section, the violation 1 11 shall be a simple misdemeanor, and the minimum penalty shall 1 12 be two days in jail or a fine of one hundred dollars. 1 13 b. For a second offense under this section, the violation 1 14 shall be a serious misdemeanor, and the minimum penalty shall 1 15 be seven days in jail or a fine of five hundred dollars. 1 16 c. For a third or subsequent offense under this section, 1 17 the violation shall be a serious misdemeanor, and the minimum 1 18 penalty shall be thirty days in jail or a fine of seven 1 19 hundred fifty dollars. 1 20 Sec. 2. NEW SECTION. 321.218A DRIVING UNDER SUSPENSION 1 21 – IMPOUNDMENT OF VEHICLE. 1 22 1. a. If a person operates a motor vehicle upon the 1 23 highways of this state while the person's license or operating 1 24 privilege has been suspended under this chapter, and the 1 25 person has previously been convicted of operating a vehicle 1 26 while the person's license or operating privilege was 1 27 suspended, in addition to any other penalties that may be 1 28 imposed, the motor vehicle the person is driving shall be 1 29 immediately impounded. If ordered by the court after a 1 30 hearing under this section, the impounding authority shall 1 31 seize the motor vehicle's license plates and registration, and 1 32 shall send or deliver the plates and registration to the 1 33 department. 1 34 b. The impounding authority shall immediately determine 1 35 the ownership of the motor vehicle, and if the owner of the 2 1 motor vehicle is a person other than the person who was 2 2 operating the motor vehicle or is a rental or leasing company, 2 3 the impounding authority shall immediately notify such person 2 4 or company that the vehicle has been impounded, and is 2 5 available for immediate return to the owner upon proof of 2 6 personal identity and proof of title to the vehicle, without 2 7 payment of any fees or costs associated with the impoundment. 2 8 c. The department shall destroy license plates received 2 9 under this section and shall not issue new license plates for 2 10 the vehicle until the period of suspension has expired, and 2 11 the fee and costs assessed under this section have been paid. 2 12 The fee for issuance of new license plates and certificates of 2 13 registration shall be the same as for the replacement of lost, 2 14 mutilated, or destroyed license plates and certificates of 2 15 registration. 2 16 2. If the person who is operating the motor vehicle that 2 17 is impounded is the owner of the motor vehicle and is 2 18 convicted of a second or subsequent offense of operating the 2 19 vehicle while the person's license or operating privilege is 2 20 suspended, the court shall order that the person shall not 2 21 regain possession of the motor vehicle until all of the 2 22 following have occurred: 2 23 a. The period of suspension, including any additional 2 24 suspension for driving the motor vehicle in question, has 2 25 ended. 2 26 b. The person has obtained and presents to the court a 2 27 valid driver's license. 2 28 c. The person has registered the vehicle and obtained new 2 29 license plates for the vehicle. 2 30 d. The person has obtained and presents proof to the court 2 31 of insurance coverage, in the following minimum amounts: 2 32 (1) Twenty thousand dollars of coverage for bodily injury 2 33 to or death of one person in any one accident. 2 34 (2) Forty thousand dollars of coverage for bodily injury 2 35 to or death of two or more persons in any one accident. 3 1 (3) Fifteen thousand dollars of coverage because of injury 3 2 to or destruction of property in any one accident. 3 3 3. a. For other owners of seized vehicles, a hearing 3 4 regarding the prospective or continued impoundment of the 3 5 vehicle shall be held not less than five nor more than thirty 3 6 days after the initial seizure, and shall be tried to the 3 7 court. All claims to the motor vehicle shall be heard in one 3 8 proceeding, unless it is shown that the proceeding would 3 9 result in prejudice to one or more parties. 3 10 b. If the total value of the motor vehicle sought to be 3 11 returned is less than ten thousand dollars, the proceeding may 3 12 be conducted by a magistrate, notwithstanding section 3 13 602.6405, or a district associate judge. Appeals from 3 14 judgment shall be made within thirty days after the entry of a 3 15 judgment order. 3 16 c. Impoundment shall not be ordered with respect to the 3 17 particular motor vehicle, if the owner or owner's designee can 3 18 prove to the satisfaction of the court that the owner did not 3 19 know or should not have known that the vehicle was to be used 3 20 in the commission of the offense of operating a motor vehicle 3 21 while the person's driver's license was suspended, or if the 3 22 rental or leasing company did not know, should not have known, 3 23 and did not consent to the operation of the motor vehicle used 3 24 in the commission of the offense of operating a motor vehicle 3 25 while the person's driver's license was suspended. 3 26 d. If the court orders impoundment of the motor vehicle 3 27 after a hearing under this subsection, the period of 3 28 impoundment shall be for the duration of the period of 3 29 suspension of the operator of the motor vehicle. The court 3 30 shall also order the impounding authority to seize the motor 3 31 vehicle's license plates and registration to the department, 3 32 for processing in accordance with subsection 1, paragraph "c". 3 33 4. Unless otherwise ordered by the court, a person whose 3 34 motor vehicle is impounded under this section shall not be 3 35 permitted to register a motor vehicle until all of the 4 1 following have occurred: 4 2 a. Payment of all costs associated with the impoundment of 4 3 the motor vehicle. 4 4 b. Payment to the state of a civil penalty of one hundred 4 5 dollars. 4 6 c. The period of suspension has ended. 4 7 5. The impoundment of a motor vehicle under this section 4 8 shall not constitute the loss of use of a motor vehicle for 4 9 purposes of any contract of insurance. 4 10 EXPLANATION 4 11 This bill changes the penalty for the offense of driving 4 12 while a license or operating privilege is denied, revoked, 4 13 cancelled, or suspended. 4 14 The current penalty classification is a serious 4 15 misdemeanor, which permits a court to impose a fine of $250 to 4 16 $1,500, and a jail term of up to one year. The bill changes 4 17 the classification to a simple misdemeanor for a first 4 18 offense, and carries a minimum penalty of a fine of $100 or 4 19 two days of jail time. A second offense would be classified 4 20 as a serious misdemeanor, punishable by seven days in jail or 4 21 a fine of $500. A third or subsequent offense would be a 4 22 serious misdemeanor, punishable by 30 days in jail or a fine 4 23 of $750. 4 24 A new section adds an additional penalty of vehicle 4 25 impoundment for persons arrested for a second or subsequent 4 26 offense of driving while a license is suspended. A court 4 27 hearing on the impoundment issue is provided, both for owners 4 28 of vehicles who are arrested for offense of driving while a 4 29 license is suspended, and for the other vehicle owners. A 4 30 person whose vehicle is impounded is not permitted to register 4 31 another vehicle during the period of impoundment, and must pay 4 32 all costs of impoundment and a $100 civil penalty, as well as 4 33 presenting proof of minimum amounts of insurance coverage 4 34 prior to regaining the vehicle at the end of the period of 4 35 suspension. 5 1 LSB 4297HV 76 5 2 jls/cf/24
Text: HF02468 Text: HF02470 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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