Text: HSB00743 Text: HSB00745 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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, is amended 2 25 to read as follows: 2 26 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 2 27 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 2 28 Upon the entering ofana dispositional orderat the2 29conclusion of a dispositional hearing under section 232.50,2 30where the child has been adjudicated to have committed a2 31delinquent act, which would be a first or subsequent violation2 32of section 123.46, section 123.47 involving the purchase or2 33attempt to purchase alcoholic beverages, chapter 124, section2 34126.3, chapter 453B, or a second or subsequent violation of2 35section 123.47 regarding the possession of alcoholic3 1beverages,under section 232.52, subsection 2, paragraph "a", 3 2 the clerk of the juvenile courtin the dispositional hearing3 3 shall forward a copy of the adjudication and the dispositional 3 4 order suspending or revoking the motor vehicle license or 3 5 operating privileges of the juvenile to the department. The 3 6 department shall suspend the license or operating privilege of 3 7 the child for one year. The child may receive a temporary 3 8 restricted license, if eligible, as provided in section 3 9 321.215. 3 10 Sec. 7. Section 321.215, subsection 1, unnumbered 3 11 paragraph 2, Code Supplement 1995, is amended to read as 3 12 follows: 3 13 However, a temporary restricted license shall not be issued 3 14 to a person whose license is revokedunder section 321.205 for3 15a drug or drug-related offense orpursuant to a court order 3 16 issued under section 901.5, subsection 10, or under section 3 17 321.209, subsections 1 through 5 or subsection 7,or 8or to a 3 18 juvenile whose license has been suspendedunder section3 19321.213Aor revoked pursuant to a dispositional order under 3 20 section 232.52, subsection 2, paragraph "a", for a violation 3 21 of chapter 124 or 453B, or section 126.3. A temporary 3 22 restricted license may be issued to a person whose license is 3 23 revoked under section 321.209, subsection 6, only if the 3 24 person has no previous drag racing convictions. A person 3 25 holding a temporary restricted license issued by the 3 26 department under this section shall not operate a motor 3 27 vehicle for pleasure. 3 28 Sec. 8. Section 321.215, subsection 2, unnumbered 3 29 paragraph 1, Code 1995, is amended to read as follows: 3 30 Upon conviction and the suspension or revocation of a 3 31 person's motor vehicle license under section321.205 for a3 32drug or drug-related offense;321.209, subsection 5,or 6, or3 338; section 321.210; 321.210A; or 321.513; or upon revocation 3 34 pursuant to a court order issued under section 901.5, 3 35 subsection 10; or upon the denial of issuance of a motor 4 1 vehicle license under section 321.560, based solely on 4 2 offenses enumerated in section 321.555, subsection 1, 4 3 paragraph "c", or section 321.555, subsection 2; or a 4 4 juvenile, whose license has been suspendedunder section4 5321.213Aor revoked pursuant to a dispositional order under 4 6 section 232.52, subsection 2, paragraph "a", for a violation 4 7 of chapter 124 or 453B, or section 126.3, and upon the denial 4 8 by the director of an application for a temporary restricted 4 9 license, a person may apply to the district court having 4 10 jurisdiction for the residence of the person for a temporary 4 11 restricted permit to operate a motor vehicle for the limited 4 12 purpose or purposes specified in subsection 1. The 4 13 application may be granted only if all of the following 4 14 criteria are satisfied: 4 15 Sec. 9. Section 321.215, subsection 2, paragraph d, Code 4 16 Supplement 1995, is amended to read as follows: 4 17 d. Proof of financial responsibility is established as 4 18 defined in chapter 321A. However, such proof is not required 4 19 if the motor vehicle license was suspended under section 4 20 321.210A or 321.513 or revokedunder section 321.209,4 21subsection 8, or suspended or revoked under section 321.2054 22for a drug or drug-related offensepursuant to a court order 4 23 issued under section 901.5, subsection 10. 4 24 Sec. 10. Section 321.491, unnumbered paragraph 7, Code 4 25 1995, is amended by striking the paragraph. 4 26 Sec. 11. Section 321A.17, subsection 5, Code Supplement 4 27 1995, is amended to read as follows: 4 28 5. An individual applying for a motor vehicle license 4 29 following a period of suspension or revocationunder section4 30321.205 for a drug or drug-related offense, section 321.209,4 31subsection 8,pursuant to a dispositional order issued under 4 32 section 232.52, subsection 2, paragraph "a", or under section 4 33 321.210, subsection 1, paragraph "d", or section 321.210A, 4 34 321.213A, 321.213B, 321.216B, or 321.513, following a period 4 35 of suspension under section 321.194, or following a period of 5 1 revocation pursuant to a court order issued under section 5 2 901.5, subsection 10, or under section 321J.2A, is not 5 3 required to maintain proof of financial responsibility under 5 4 this section. 5 5 Sec. 12. Section 901.5, Code 1995, is amended by adding 5 6 the following new subsection: 5 7 NEW SUBSECTION. 10. In addition to any sentence imposed 5 8 pursuant to chapter 902 or 903, the court shall order the 5 9 state department of transportation to revoke the defendant's 5 10 driver's license or motor vehicle operating privilege for a 5 11 period of one hundred eighty days, and shall send a copy of 5 12 the order in addition to the notice of conviction required 5 13 under section 124.412, 126.26, or 453B.16, to the state 5 14 department of transportation, if the defendant is being 5 15 sentenced for any of the following offenses: 5 16 a. A controlled substance offense under section 124.401, 5 17 124.401A, 124.402, or 124.403. 5 18 b. A drug or drug-related offense under section 126.3. 5 19 c. A controlled substance tax offense under chapter 453B. 5 20 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 5 21 immediate importance, takes effect upon enactment. 5 22 EXPLANATION 5 23 The main element of this bill is contained in section 3, 5 24 which strikes Code section 321.209, subsection 8. This 5 25 provision, which permits the administrative revocation of 5 26 driver's licenses after certain drug-related convictions, was 5 27 recently held to be unconstitutional in Dressler v. Iowa 5 28 Department of Transportation. Sections 2 and 4 through 11 of 5 29 the bill amend other Code sections that rely on this Code 5 30 section or an administrative revocation following a conviction 5 31 or adjudication for an offense not directly related to motor 5 32 vehicle safety. Sections 1 and 12 add provisions that require 5 33 a juvenile court to order the revocation or suspension, or the 5 34 district court to order the revocation, of the driver's 5 35 license at the time of the conviction for the underlying 6 1 offense, in order to comply with the reasoning of the Dressler 6 2 court regarding a constitutionally permissible procedure for 6 3 the license revocation formerly done under Code section 6 4 321.209, subsection 8. 6 5 Section 13 makes this bill effective upon enactment. 6 6 LSB 4396HC 76 6 7 jls/jj/8
Text: HSB00743 Text: HSB00745 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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