Text: HSB00694                          Text: HSB00696
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 695

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 321J.4B, subsection 2, paragraph c,
  1  2 Code Supplement 1995, is amended to read as follows:
  1  3    c.  The person or law enforcement agency responsible for
  1  4 carrying out the order requiring impoundment or immobilization
  1  5 of the motor vehicle.  If a vehicle which is to be impounded
  1  6 or immobilized is in the custody of a law enforcement agency,
  1  7 the court shall designate that agency as the responsible
  1  8 agency.  If the vehicle is not in the custody of a law
  1  9 enforcement agency, the person or agency responsible for
  1 10 carrying out the order shall be any person deemed appropriate
  1 11 by the court, including but not limited to a law enforcement
  1 12 agency with jurisdiction over the area in which the residence
  1 13 of the vehicle owner is located the arresting law enforcement
  1 14 agency.  The person or agency responsible for carrying out the
  1 15 order shall determine whether the motor vehicle shall be
  1 16 impounded or immobilized.
  1 17    Sec. 2.  Section 321J.4B, subsections 4, 6, 7, 10, and 11,
  1 18 Code Supplement 1995, are amended to read as follows:
  1 19    4.  The clerk of the district court shall send a copy of
  1 20 the order to the department, the person convicted of the
  1 21 offense, the motor vehicle owner if the owner is not the
  1 22 person convicted, and the person or agency responsible for
  1 23 executing the order for impoundment or immobilization.
  1 24    6.  If the vehicle to be impounded or immobilized is not in
  1 25 the custody of a law enforcement agency, the person or agency
  1 26 designated in the order as the person or agency responsible
  1 27 for executing the order shall, upon receipt of the order,
  1 28 promptly locate the vehicle specified in the order, seize the
  1 29 motor vehicle and the license plates, and send or deliver the
  1 30 vehicle's license plates to the department.
  1 31    7.  If the vehicle is located at a place other than the
  1 32 place at which the impoundment or immobilization is to be
  1 33 carried out, the person or agency responsible for executing
  1 34 the order shall arrange for the vehicle to be moved to the
  1 35 place of impoundment or immobilization.  When the vehicle is
  2  1 found, is impounded or immobilized, and is at the place of
  2  2 impoundment or immobilization, the person or agency
  2  3 responsible for executing the order shall notify the clerk of
  2  4 the date on which the order was executed.  The clerk shall
  2  5 notify the department of the date on which the order was
  2  6 executed.
  2  7    10.  Except where the person who is convicted of operating
  2  8 while intoxicated and being a second or subsequent offender is
  2  9 not lawfully in possession of the motor vehicle, the owner of
  2 10 any motor vehicle that is impounded or immobilized under this
  2 11 section shall be assessed a fee of one hundred dollars plus
  2 12 the cost of any expenses for towing, storage, and any other
  2 13 costs of impounding or immobilizing the motor vehicle, to be
  2 14 paid to the clerk of the district court.  The person or agency
  2 15 responsible for carrying out the order shall inform the court
  2 16 of the costs of towing, storage, and any other costs of
  2 17 impounding or immobilizing the motor vehicle.  Upon payment of
  2 18 the fee and costs, the clerk shall forward a copy of the
  2 19 receipt to the department.
  2 20    11.  If a law enforcement agency impounds or immobilizes a
  2 21 motor vehicle, the The amount of the fee and expenses
  2 22 deposited with the clerk shall be paid by the clerk to the law
  2 23 enforcement agency responsible for executing the order to
  2 24 reimburse the agency for costs incurred for impoundment or
  2 25 immobilization equipment and, if required, in sending officers
  2 26 to search for and locate the vehicle specified in the
  2 27 impoundment or immobilization order.  
  2 28                           EXPLANATION
  2 29    Current law requires the court to order that any motor
  2 30 vehicles owned by a person who is convicted of a second,
  2 31 third, or subsequent offense of operating while intoxicated,
  2 32 or any motor vehicles used by the person in the commission of
  2 33 the offense, be impounded or immobilized.  Current law allows
  2 34 the court to designate any person deemed appropriate by the
  2 35 court, including but not limited to a law enforcement agency
  3  1 with jurisdiction over the area in which the residence of the
  3  2 motor vehicle owner is located, to carry out an order to
  3  3 impound or immobilize the motor vehicles.
  3  4    This bill requires that only the arresting law enforcement
  3  5 agency may be ordered to carry out the impoundment or
  3  6 immobilization order.  
  3  7 LSB 3394YC 76
  3  8 js/sc/14
     

Text: HSB00694                          Text: HSB00696
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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