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PAG LIN 1 1 Amend the amendment, S-5700, to House File 2421, as 1 2 amended, passed, and reprinted by the House, as 1 3 follows: 1 4 #1. Page 10, by inserting after line 5 the 1 5 following: 1 6 "# . Page 16, by inserting after line 15 the 1 7 following: 1 8 "Sec. 1000. Section 232.52, subsection 2, 1 9 paragraph a, subparagraph (4), Code Supplement 1995, 1 10 is amended to read as follows: 1 11 (4) The suspension or revocation of the motor 1 12 vehicle license or operating privilege of the child, 1 13 for a period of one year, for the commission ofone or1 14moredelinquent acts which are a violation ofsection1 15 any of the following: 1 16 (a) Section 123.46, section. 1 17 (b) Section 123.47 regarding the purchase or 1 18 attempt to purchase of alcoholic beverages, or1 19chapter. 1 20 (c) Chapter 124, or two. 1 21 (d) Section 126.3. 1 22 (e) Chapter 453B. 1 23 (f) Two or moredelinquent acts which are a1 24violationviolations of section 123.47 regarding the 1 25 possession of alcoholic beveragesfor a period of one1 26year. 1 27 SUBPARAGRAPH DIVIDED. The child may be issued a 1 28 temporary restricted license or school license if the 1 29 child is otherwise eligible."" 1 30 #2. Page 10, by inserting after line 22 the 1 31 following: 1 32 ""Sec. 1100. Section 321.205, unnumbered paragraph 1 33 2, Code 1995, is amended by striking the paragraph. 1 34 Sec. 1200. Section 321.209, subsection 8, Code 1 35 1995, is amended by striking the subsection. 1 36 Sec. 1300. Section 321.212, subsection 1, 1 37 paragraph d, Code 1995, is amended to read as follows: 1 38 d. The department shall revoke a motor vehicle 1 39 licenseunder section 321.209, subsection 8,according 1 40 to an order issued pursuant to section 901.5, 1 41 subsection 10, for one hundred eighty days. If the 1 42 person has not been issued a motor vehicle license, 1 43 the issuance of a motor vehicle license shall be 1 44 delayed for one hundred eighty days after the person 1 45 is first eligible. If the person's operating 1 46 privileges have been suspended or revoked at the time 1 47 the person is convicted, the one-hundred-eighty-day 1 48 revocation period shall not begin until all other 1 49 suspensions or revocations have terminated. 1 50 Sec. 1400. Section 321.213, Code Supplement 1995, 2 1 is amended to read as follows: 2 2 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO 2 3 VIOLATIONS BY JUVENILE DRIVERS. 2 4 Upon the entering ofana dispositional orderat2 5the conclusion of an adjudicatory hearingsuspending 2 6 or revoking the motor vehicle license or operating 2 7 privileges of the juvenile under section232.47 that2 8the child violated a provision of this chapter or2 9chapter 124, 126, 321A, 321J, or 453B for which the2 10penalty is greater than a simple misdemeanor232.52, 2 11 subsection 2, paragraph "a", the clerk of the juvenile 2 12 courtin the adjudicatory hearingshall forward a copy 2 13 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 2 16 violated a provision of this chapter, chapter 124, a2 17drug offense under section 126.3,or chapter 321A,or 2 18 321J, or 453Bconstitutes a final conviction for 2 19 purposes of section 321.189, subsection 8, paragraph 2 20 "b", and sections 321.193, 321.194, 321.200, 321.209, 2 21 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, 2 22 and 321J.4.However, suspensions for violations of2 23chapter 124, section 126.3, or chapter 453B shall be2 24in accordance with section 321.213A.2 25 Sec. 1500. Section 321.213A, Code Supplement 1995, 2 26 is amended to read as follows: 2 27 321.213A LICENSE SUSPENSION FOR JUVENILES 2 28 ADJUDICATED DELINQUENT FOR CERTAIN DRUG OR ALCOHOL 2 29 OFFENSES. 2 30 Upon the entering ofana dispositional orderat2 31the conclusion of a dispositional hearing under2 32section 232.50, where the child has been adjudicated2 33to have committed a delinquent act, which would be a2 34first or subsequent violation of section 123.46,2 35section 123.47 involving the purchase or attempt to2 36purchase alcoholic beverages, chapter 124, section2 37126.3, chapter 453B, or a second or subsequent2 38violation of section 123.47 regarding the possession2 39of alcoholic beverages,under section 232.52, 2 40 subsection 2, paragraph "a", the clerk of the juvenile 2 41 courtin the dispositional hearingshall forward a 2 42 copy of the adjudication and the dispositional order 2 43 suspending or revoking the motor vehicle license or 2 44 operating privileges of the juvenile to the 2 45 department. The department shall suspend the license 2 46 or operating privilege of the child for one year. The 2 47 child may receive a temporary restricted license, if 2 48 eligible, as provided in section 321.215. 2 49 Sec. 1600. Section 321.215, subsection 1, 2 50 unnumbered paragraph 2, Code Supplement 1995, is 3 1 amended to read as follows: 3 2 However, a temporary restricted license shall not 3 3 be issued to a person whose license is revokedunder3 4section 321.205 for a drug or drug-related offense or3 5 pursuant to a court order issued under section 901.5, 3 6 subsection 10, or under section 321.209, subsections 1 3 7 through 5 or subsection 7,or 8or to a juvenile whose 3 8 license has been suspendedunder section 321.213Aor 3 9 revoked pursuant to a dispositional order under 3 10 section 232.52, subsection 2, paragraph "a", for a 3 11 violation of chapter 124 or 453B, or section 126.3. A 3 12 temporary restricted license may be issued to a person 3 13 whose license is revoked under section 321.209, 3 14 subsection 6, only if the person has no previous drag 3 15 racing convictions. A person holding a temporary 3 16 restricted license issued by the department under this 3 17 section shall not operate a motor vehicle for 3 18 pleasure. 3 19 Sec. 1700. Section 321.215, subsection 2, 3 20 unnumbered paragraph 1, Code Supplement 1995, is 3 21 amended to read as follows: 3 22 Upon conviction and the suspension or revocation of 3 23 a person's motor vehicle license under section321.2053 24for a drug or drug-related offense;321.209, 3 25 subsection 5,or 6, or 8; section 321.210; 321.210A; 3 26 or 321.513; or upon revocation pursuant to a court 3 27 order issued under section 901.5, subsection 10; or 3 28 upon the denial of issuance of a motor vehicle license 3 29 under section 321.560, based solely on offenses 3 30 enumerated in section 321.555, subsection 1, paragraph 3 31 "c", or section 321.555, subsection 2; or a juvenile, 3 32 whose license has been suspendedunder section3 33321.213Aor revoked pursuant to a dispositional order 3 34 under section 232.52, subsection 2, paragraph "a", for 3 35 a violation of chapter 124 or 453B, or section 126.3, 3 36 and upon the denial by the director of an application 3 37 for a temporary restricted license, a person may apply 3 38 to the district court having jurisdiction for the 3 39 residence of the person for a temporary restricted 3 40 permit to operate a motor vehicle for the limited 3 41 purpose or purposes specified in subsection 1. The 3 42 application may be granted only if all of the 3 43 following criteria are satisfied: 3 44 Sec. 1800. Section 321.215, subsection 2, 3 45 paragraph d, Code Supplement 1995, is amended to read 3 46 as follows: 3 47 d. Proof of financial responsibility is 3 48 established as defined in chapter 321A. However, such 3 49 proof is not required if the motor vehicle license was 3 50 suspended under section 321.210A or 321.513 or revoked 4 1under section 321.209, subsection 8, or suspended or4 2revoked under section 321.205 for a drug or drug-4 3related offensepursuant to a court order issued under 4 4 section 901.5, subsection 10. 4 5 Sec. 1900. Section 321.491, unnumbered paragraph 4 6 7, Code 1995, is amended by striking the paragraph. 4 7 Sec. 2000. Section 321A.17, subsection 5, Code 4 8 Supplement 1995, is amended to read as follows: 4 9 5. An individual applying for a motor vehicle 4 10 license following a period of suspension or revocation 4 11under section 321.205 for a drug or drug-related4 12offense, section 321.209, subsection 8,pursuant to a 4 13 dispositional order issued under section 232.52, 4 14 subsection 2, paragraph "a", or under section 321.210, 4 15 subsection 1, paragraph "d", or section 321.210A, 4 16 321.213A, 321.213B, 321.216B, or 321.513, following a 4 17 period of suspension under section 321.194, or 4 18 following a period of revocation pursuant to a court 4 19 order issued under section 901.5, subsection 10, or 4 20 under section 321J.2A, is not required to maintain 4 21 proof of financial responsibility under this section." 4 22 #3. Page 10, by inserting after line 45 the 4 23 following: 4 24 "Sec. 2100. Section 901.5, Code 1995, is amended 4 25 by adding the following new subsection: 4 26 NEW SUBSECTION. 10. In addition to any sentence 4 27 imposed pursuant to chapter 902 or 903, the court 4 28 shall order the state department of transportation to 4 29 revoke the defendant's driver's license or motor 4 30 vehicle operating privilege for a period of one 4 31 hundred eighty days, or to delay the issuance of a 4 32 motor vehicle license for one hundred eighty days 4 33 after the person is first eligible if the defendant 4 34 has not been issued a motor vehicle license, and shall 4 35 send a copy of the order in addition to the notice of 4 36 conviction required under section 124.412, 126.26, or 4 37 453B.16, to the state department of transportation, if 4 38 the defendant is being sentenced for any of the 4 39 following offenses: 4 40 a. A controlled substance offense under section 4 41 124.401, 124.401A, 124.402, or 124.403. 4 42 b. A drug or drug-related offense under section 4 43 126.3. 4 44 c. A controlled substance tax offense under 4 45 chapter 453B. 4 46 If the person's operating privileges are suspended 4 47 or revoked at the time of sentencing, the order shall 4 48 provide that the one hundred eighty-day revocation 4 49 period shall not begin until all other suspensions or 4 50 revocations have terminated. Any order under this 5 1 section shall also provide that the department shall 5 2 not issue a temporary restricted license to the 5 3 defendant during the revocation period, without 5 4 further order by the court."" 5 5 #4. Page 18, by inserting after line 30 the 5 6 following: 5 7 "Sec. 2200. EFFECTIVE DATE. Sections 1000 through 5 8 2100 of this Act, being deemed of immediate 5 9 importance, take effect upon enactment."" 5 10 #5. Page 18, by inserting after line 36 the 5 11 following: 5 12 "# . Title page, line 8, by inserting after the 5 13 word "appropriations," the following: "providing for 5 14 the revocation or suspension of certain driver's 5 15 licenses by court order,"." 5 16 #6. By renumbering, relettering, or redesignating 5 17 and correcting internal references as necessary. 5 18 5 19 5 20 5 21 RANDAL J. GIANNETTO 5 22 5 23 5 24 5 25 RICHARD F. DRAKE 5 26 5 27 5 28 5 29 DON E. GETTINGS 5 30 HF 2421.213 76 5 31 js/jj
Text: S05714 Text: S05716 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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