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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 or revocation of the motor vehicle 1 5 license or operating privilege of the child, for a period of 1 6 one year, for the commission ofone or moredelinquent acts 1 7 which are a violation ofsectionany of the following: 1 8 (a) Section 123.46, section. 1 9 (b) Section 123.47 regarding the purchase or attempt to 1 10 purchase of alcoholic beverages, or chapter. 1 11 (c) Chapter 124, or two. 1 12 (d) Section 126.3. 1 13 (e) Chapter 453B. 1 14 (f) Two or moredelinquent acts which are a violation1 15 violations of section 123.47 regarding the possession of 1 16 alcoholic beveragesfor a period of one year. 1 17 SUBPARAGRAPH DIVIDED. The child may be issued a temporary 1 18 restricted license or school license if the child is otherwise 1 19 eligible. 1 20 Sec. 2. Section 321.205, unnumbered paragraph 2, Code 1 21 1995, is amended by striking the paragraph. 1 22 Sec. 3. Section 321.209, subsection 8, Code 1995, is 1 23 amended by striking the subsection. 1 24 Sec. 4. Section 321.212, subsection 1, paragraph d, Code 1 25 1995, is amended to read as follows: 1 26 d. The department shall revoke a motor vehicle license 1 27under section 321.209, subsection 8,according to an order 1 28 issued pursuant to section 901.5, subsection 10, for one 1 29 hundred eighty days. If the person has not been issued a 1 30 motor vehicle license, the issuance of a motor vehicle license 1 31 shall be delayed for one hundred eighty days after the person 1 32 is first eligible. If the person's operating privileges have 1 33 been suspended or revoked at the time the person is convicted, 1 34 the one-hundred-eighty-day revocation period shall not begin 1 35 until all other suspensions or revocations have terminated. 2 1 Sec. 5. Section 321.213, Code Supplement 1995, is amended 2 2 to read as follows: 2 3 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO 2 4 VIOLATIONS BY JUVENILE DRIVERS. 2 5 Upon the entering ofana dispositional orderat the2 6conclusion of an adjudicatory hearingsuspending or revoking 2 7 the motor vehicle license or operating privileges of the 2 8 juvenile under section232.47 that the child violated a2 9provision of this chapter or chapter 124, 126, 321A, 321J, or2 10453B for which the penalty is greater than a simple2 11misdemeanor232.52, subsection 2, paragraph "a", the clerk of 2 12 the juvenile courtin the adjudicatory hearingshall forward a 2 13 copy of the adjudication and the dispositional order to the 2 14 department. Notwithstanding section 232.55, a final 2 15 adjudication in a juvenile court that the child violated a 2 16 provision of this chapter, chapter 124, a drug offense under2 17section 126.3,or chapter 321A,or 321J, or 453Bconstitutes a 2 18 final conviction for purposes of section 321.189, subsection 2 19 8, paragraph "b", and sections 321.193, 321.194, 321.200, 2 20 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, 2 21 and 321J.4.However, suspensions for violations of chapter2 22124, section 126.3, or chapter 453B shall be in accordance2 23with section 321.213A.2 24 Sec. 6. Section 321.213A, Code Supplement 1995, as amended 2 25 by 1996 Iowa Acts, Senate File 2080, section 20, is amended to 2 26 read as follows: 2 27 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 2 28 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 2 29 Upon the entering ofana dispositional orderat the2 30conclusion of a dispositional hearing under section 232.50,2 31where the child has been adjudicated to have committed a2 32delinquent act, which would be a first or subsequent violation2 33of section 123.46, section 123.47 involving the purchase or2 34attempt to purchase alcoholic beverages, chapter 124, section2 35126.3, chapter 453B, or a second or subsequent violation of3 1section 123.47 regarding the possession of alcoholic3 2beverages,under section 232.52, subsection 2, paragraph "a", 3 3 the clerk of the juvenile courtin the dispositional hearing3 4 shall forward a copy of the adjudication and the dispositional 3 5 order suspending or revoking the motor vehicle license or 3 6 operating privileges of the juvenile to the department. The 3 7 department shall suspend the license or operating privilege of 3 8 the child for one year. The child may receive a temporary 3 9 restricted license or permit, if eligible, as provided in 3 10 section 321.215. 3 11 Sec. 7. Section 321.215, subsection 1, unnumbered 3 12 paragraph 2, Code Supplement 1995, is amended to read as 3 13 follows: 3 14 However, a temporary restricted license shall not be issued 3 15 to a person whose license is revokedunder section 321.205 for3 16a drug or drug-related offense orpursuant to a court order 3 17 issued under section 901.5, subsection 10, or under section 3 18 321.209, subsections 1 through 5 or subsection 7,or 8or to a 3 19 juvenile whose license has been suspendedunder section3 20321.213Aor revoked pursuant to a dispositional order under 3 21 section 232.52, subsection 2, paragraph "a", for a violation 3 22 of chapter 124 or 453B, or section 126.3. A temporary 3 23 restricted license may be issued to a person whose license is 3 24 revoked under section 321.209, subsection 6, only if the 3 25 person has no previous drag racing convictions. A person 3 26 holding a temporary restricted license issued by the 3 27 department under this section shall not operate a motor 3 28 vehicle for pleasure. 3 29 Sec. 8. Section 321.215, subsection 2, unnumbered 3 30 paragraph 1, Code Supplement 1995, as amended by 1996 Iowa 3 31 Acts, Senate File 2266, section 17, is amended to read as 3 32 follows: 3 33 Upon conviction and the suspension or revocation of a 3 34 person's motor vehicle license under section321.205 for a3 35drug or drug-related offense;321.209, subsection 5,or 6, or4 18; section 321.210; 321.210A; or 321.513; or upon revocation 4 2 pursuant to a court order issued under section 901.5, 4 3 subsection 10; or upon the denial of issuance of a motor 4 4 vehicle license under section 321.560, based solely on 4 5 offenses enumerated in section 321.555, subsection 1, 4 6 paragraph "c", or section 321.555, subsection 2; or a 4 7 juvenile, whose license has been suspendedunder section4 8321.213Aor revoked pursuant to a dispositional order under 4 9 section 232.52, subsection 2, paragraph "a", for a violation 4 10 of chapter 124 or 453B, or section 126.3, a person may 4 11 petition the district court having jurisdiction for the 4 12 residence of the person for a temporary restricted permit to 4 13 operate a motor vehicle for the limited purpose or purposes 4 14 specified in subsection 1. The petition shall include a 4 15 current certified copy of the petitioner's official driving 4 16 record issued by the department. The application may be 4 17 granted only if all of the following criteria are satisfied: 4 18 Sec. 9. Section 321.215, subsection 2, paragraph d, Code 4 19 Supplement 1995, is amended to read as follows: 4 20 d. Proof of financial responsibility is established as 4 21 defined in chapter 321A. However, such proof is not required 4 22 if the motor vehicle license was suspended under section 4 23 321.210A or 321.513 or revokedunder section 321.209,4 24subsection 8, or suspended or revoked under section 321.2054 25for a drug or drug-related offensepursuant to a court order 4 26 issued under section 901.5, subsection 10. 4 27 Sec. 10. Section 321.491, unnumbered paragraph 7, Code 4 28 1995, is amended by striking the paragraph. 4 29 Sec. 11. Section 321A.17, subsection 5, Code Supplement 4 30 1995, is amended to read as follows: 4 31 5. An individual applying for a motor vehicle license 4 32 following a period of suspension or revocationunder section4 33321.205 for a drug or drug-related offense, section 321.209,4 34subsection 8,pursuant to a dispositional order issued under 4 35 section 232.52, subsection 2, paragraph "a", or under section 5 1 321.210, subsection 1, paragraph "d", or section 321.210A, 5 2 321.213A, 321.213B, 321.216B, or 321.513, following a period 5 3 of suspension under section 321.194, or following a period of 5 4 revocation pursuant to a court order issued under section 5 5 901.5, subsection 10, or under section 321J.2A, is not 5 6 required to maintain proof of financial responsibility under 5 7 this section. 5 8 Sec. 12. Section 901.5, Code 1995, is amended by adding 5 9 the following new subsection: 5 10 NEW SUBSECTION. 10. In addition to any sentence imposed 5 11 pursuant to chapter 902 or 903, the court shall order the 5 12 state department of transportation to revoke the defendant's 5 13 driver's license or motor vehicle operating privilege for a 5 14 period of one hundred eighty days, or to delay the issuance of 5 15 a motor vehicle license for one hundred eighty days after the 5 16 person is first eligible if the defendant has not been issued 5 17 a motor vehicle license, and shall send a copy of the order in 5 18 addition to the notice of conviction required under section 5 19 124.412, 126.26, or 453B.16, to the state department of 5 20 transportation, if the defendant is being sentenced for any of 5 21 the following offenses: 5 22 a. A controlled substance offense under section 124.401, 5 23 124.401A, 124.402, or 124.403. 5 24 b. A drug or drug-related offense under section 126.3. 5 25 c. A controlled substance tax offense under chapter 453B. 5 26 If the person's operating privileges are suspended or 5 27 revoked at the time of sentencing, the order shall provide 5 28 that the one hundred eighty-day revocation period shall not 5 29 begin until all other suspensions or revocations have 5 30 terminated. Any order under this section shall also provide 5 31 that the department shall not issue a temporary restricted 5 32 license to the defendant during the revocation period, without 5 33 further order by the court. 5 34 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 5 35 immediate importance, takes effect upon enactment. 6 1 EXPLANATION 6 2 The main element of this bill is contained in section 3, 6 3 which strikes Code section 321.209, subsection 8. This 6 4 provision, which permits the administrative revocation of 6 5 driver's licenses after certain drug-related convictions, was 6 6 recently held to be unconstitutional in Dressler v. Iowa 6 7 Department of Transportation. Sections 2 and 4 through 11 of 6 8 the bill amend other Code sections that rely on this Code 6 9 section or an administrative revocation following a conviction 6 10 or adjudication for an offense not directly related to motor 6 11 vehicle safety. Sections 1 and 12 add provisions that require 6 12 a juvenile court to order the revocation or suspension, or the 6 13 district court to order the revocation, of the driver's 6 14 license at the time of the conviction for the underlying 6 15 offense, in order to comply with the reasoning of the Dressler 6 16 court regarding a constitutionally permissible procedure for 6 17 the license revocation formerly done under Code section 6 18 321.209, subsection 8. 6 19 Section 13 makes this bill effective upon enactment. 6 20 LSB 4475HH 76 6 21 jls/jj/8.1
Text: HF02500 Text: HF02502 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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