Text: SF00108 Text: SF00110 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 321J.4B MOTOR VEHICLE 1 2 IMPOUNDMENT OR IMMOBILIZATION &endash; PENALTY. 1 3 1. If a person is convicted of a second, third, or 1 4 subsequent offense of operating while intoxicated, the court 1 5 shall order that any motor vehicles owned by the person and 1 6 any motor vehicles operated by the person be impounded or 1 7 immobilized. 1 8 2. The order shall specify all of the following: 1 9 a. The motor vehicles that are subject to the order. 1 10 b. The period of impoundment or immobilization. 1 11 c. The place at which the motor vehicles are to be 1 12 impounded or immobilized. 1 13 d. The person or agency responsible for carrying out the 1 14 order requiring impoundment or immobilization of the motor 1 15 vehicle. If a vehicle which is to be impounded or immobilized 1 16 is in the custody of a law enforcement agency, the court shall 1 17 designate that agency as the responsible agency. If the 1 18 vehicle is not in the custody of a law enforcement agency, the 1 19 person or agency responsible for carrying out the order shall 1 20 be any person deemed appropriate by the court, including but 1 21 not limited to a law enforcement agency with jurisdiction over 1 22 the area in which the residence of the vehicle owner is 1 23 located. 1 24 3. The period of impoundment or immobilization of a motor 1 25 vehicle under this section shall be the period of license 1 26 revocation imposed upon the person convicted of the offense or 1 27 one hundred eighty days, whichever period is longer. The 1 28 impoundment or immobilization period shall commence on the day 1 29 that the vehicle is actually impounded or immobilized. 1 30 4. The clerk of the district court shall send a copy of 1 31 the order to the department, the person convicted of the 1 32 offense, the motor vehicle owner if the owner is not the 1 33 person convicted, and the person or agency responsible for 1 34 executing the order for impoundment or immobilization. 1 35 5. If the vehicle to be impounded or immobilized is in the 2 1 custody of a law enforcement agency, the agency shall 2 2 immobilize or impound the vehicle upon receipt of the order, 2 3 seize the motor vehicle's license plates and registration, and 2 4 shall send or deliver the vehicle's license plates and 2 5 registration to the department. 2 6 6. If the vehicle to be impounded or immobilized is not in 2 7 the custody of a law enforcement agency, the person designated 2 8 in the order as the person responsible for executing the order 2 9 shall, upon receipt of the order, promptly search for and 2 10 locate the vehicle specified in the order, seize the motor 2 11 vehicle license plates, and send or deliver the vehicle's 2 12 license plates to the department. 2 13 7. If the vehicle is located at a place other than the 2 14 place specified in the order as the place at which the 2 15 impoundment or immobilization is to be carried out, the person 2 16 or agency responsible for executing the order shall arrange 2 17 for the vehicle to be moved to the place specified in the 2 18 order as the place of impoundment or immobilization. When the 2 19 vehicle is found, is impounded or immobilized, and is at the 2 20 place specified in the order as the place of impoundment or 2 21 immobilization, the person or agency responsible for executing 2 22 the order shall notify the clerk of the date on which the 2 23 order was executed. The clerk shall notify the department of 2 24 the date on which the order was executed. 2 25 8. The department shall destroy license plates received 2 26 under this section and shall not authorize the release of the 2 27 vehicle or the issuance of new license plates for the vehicle 2 28 until the period of impoundment or immobilization has expired, 2 29 and the fee and costs assessed under subsection 9 have been 2 30 paid. The fee for issuance of new license plates and 2 31 certificates of registration shall be the same as for the 2 32 replacement of lost, mutilated, or destroyed license plates 2 33 and certificates of registration. 2 34 9. Except where the person who is convicted of operating 2 35 while intoxicated and being a second or subsequent offender is 3 1 not lawfully in possession of the motor vehicle, the owner of 3 2 any motor vehicle that is impounded or immobilized under this 3 3 section shall be assessed a fee of one hundred dollars plus 3 4 the cost of any expenses for storage of the motor vehicle, to 3 5 be paid to the clerk of the district court. Upon payment of 3 6 the fee and costs, the clerk shall forward a copy of the 3 7 receipt to the department. 3 8 10. If a law enforcement agency impounds or immobilizes a 3 9 motor vehicle, the amount of the fee and expenses deposited 3 10 with the clerk shall be paid by the clerk to the law 3 11 enforcement agency responsible for executing the order to 3 12 reimburse the agency for costs incurred for impoundment or 3 13 immobilization equipment and, if required, in sending officers 3 14 to search for and locate the vehicle specified in the 3 15 impoundment or immobilization order. 3 16 11. A motor vehicle which is subject to an order of 3 17 impoundment or immobilization that is operated on a street or 3 18 highway in this state during the period of impoundment or 3 19 immobilization, shall be seized and forfeited to the state 3 20 under chapter 809. 3 21 12. Once the period of impoundment or immobilization has 3 22 expired, the owner of the motor vehicle shall have forty-five 3 23 days to claim the motor vehicle and pay the fees and charges 3 24 imposed under this section. If the owner or the owner's 3 25 designee has not claimed the vehicle and paid the fees and 3 26 charges imposed under this section within seven days from the 3 27 date of expiration of the period, the clerk shall send written 3 28 notification to the motor vehicle owner, at the owner's last 3 29 known address, notifying the owner of the date of expiration 3 30 of the period of impoundment or immobilization and of the 3 31 period in which the motor vehicle must be claimed. If the 3 32 motor vehicle owner fails to claim the motor vehicle and pay 3 33 the fees and charges imposed within the forty-five day period, 3 34 the motor vehicle shall be forfeited to the state under 3 35 chapter 809. 4 1 13. a. During the period of impoundment or 4 2 immobilization, a person convicted of the offense of operating 4 3 while intoxicated which resulted in the impoundment or 4 4 immobilization shall not sell or transfer the title of the 4 5 motor vehicle which is subject to the order of impoundment or 4 6 immobilization. The person convicted of the offense of 4 7 operating while intoxicated shall also not be permitted to 4 8 purchase another motor vehicle or register any motor vehicle 4 9 during the period of impoundment or immobilization. Violation 4 10 of this paragraph is a serious misdemeanor. 4 11 b. If, during the period of impoundment or immobilization, 4 12 the title to the motor vehicle which is the subject of the 4 13 order is transferred by the foreclosure of a chattel mortgage, 4 14 a sale upon execution, the cancellation of a conditional sales 4 15 contract, or an order of a court, the court which enters the 4 16 order that permits transfer of the title shall notify the 4 17 department of the transfer of the title. The department shall 4 18 enter notice of the transfer of the title to the motor vehicle 4 19 in the previous owner's vehicle registration record. 4 20 14. Notwithstanding the requirements of this section, if 4 21 the owner of the motor vehicle is not the person who is 4 22 convicted of the offense which resulted in the issuance of the 4 23 order of impoundment or immobilization, the owner or the 4 24 owner's designee shall be permitted to submit a claim for 4 25 return of the motor vehicle within twenty-four hours from 4 26 receipt of the order for impoundment or immobilization. The 4 27 vehicle shall be returned to the owner, or owner's designee, 4 28 and the order for impoundment or immobilization shall be 4 29 rescinded with respect to the particular motor vehicle, if the 4 30 owner or owner's designee can prove to the satisfaction of the 4 31 court that the owner did not know or should not have known 4 32 that the vehicle was to be used in the commission of the 4 33 offense of operating while intoxicated. For purposes of this 4 34 section, unless the person convicted of the offense which 4 35 results in the imposition of the order for impoundment or 5 1 immobilization is not in lawful possession of the motor 5 2 vehicle used in the commission of the offense, an owner of a 5 3 motor vehicle shall be presumed to know that the vehicle was 5 4 to be used by the person who is convicted of the offense, in 5 5 the commission of the offense of operating while intoxicated. 5 6 Sec. 2. Section 809.1, subsection 4, Code 1995, is amended 5 7 to read as follows: 5 8 4. The definitions contained in subsections 1 through 3 5 9 shall not apply to violations of chapter 321or 321J. 5 10 Sec. 3. REPEAL. Section 321J.4A, Code 1995, is repealed. 5 11 Sec. 4. IMPLEMENTATION OF ACT &endash; LEGISLATIVE INTENT. 5 12 Section 25B.2, subsection 3, shall not apply to this Act. 5 13 However, it is the intent of the general assembly that the 5 14 fees and funds generated as a result of the passage of this 5 15 Act be used to cover the costs associated with the additional 5 16 duties imposed. 5 17 EXPLANATION 5 18 This bill provides, upon the conviction of a person of 5 19 operating while intoxicated and being a second or subsequent 5 20 offender (OWI 2nd), for the impoundment or immobilization of 5 21 motor vehicles that are either owned or used by the person to 5 22 commit the offense. If a motor vehicle is impounded or 5 23 immobilized, the period of impoundment or immobilization shall 5 24 be for 180 days or the period of license suspension for the 5 25 person convicted of OWI 2nd, whichever period is longer. The 5 26 person convicted of OWI 2nd is prohibited from purchasing 5 27 another vehicle, registering any motor vehicle, or selling or 5 28 transferring title to an impounded or immobilized vehicle 5 29 during the period of impoundment or immobilization. Violation 5 30 of the requirement is a serious misdemeanor. With the 5 31 exception of the situation in which the person convicted of 5 32 OWI 2nd is not in lawful possession of the motor vehicle, 5 33 owners of motor vehicles which are the subject of orders for 5 34 impoundment or immobilization must pay a fee of $100 plus 5 35 expenses to cover the cost of impoundment or immobilization 6 1 before the owner can obtain the return of the motor vehicle. 6 2 Motor vehicles which are impounded or immobilized will be 6 3 forfeited to the state if the owner fails to claim the vehicle 6 4 within 45 days of expiration of the period of impoundment or 6 5 immobilization. Motor vehicles which are subject to an order 6 6 for impoundment or immobilization and which are operated on a 6 7 street or highway in the state during the period of 6 8 impoundment or immobilization are to be seized and forfeited 6 9 to the state. An owner, who is not the person convicted of 6 10 the offense of OWI 2nd, and who either did not know or should 6 11 not have known that the vehicle was to be used in the 6 12 commission of the offense has the opportunity to obtain the 6 13 release of the vehicle if the owner can prove that they did 6 14 not know or should not have known about the offense. The bill 6 15 establishes a presumption that, unless the vehicle is stolen, 6 16 owners have knowledge that their vehicles are to be used in 6 17 the commission of the offense of operating while intoxicated 6 18 by persons who use their motor vehicles and are subsequently 6 19 convicted. 6 20 This bill may create a state mandate under chapter 25B. 6 21 The bill makes inapplicable the statutory provision which 6 22 would relieve a political subdivision from complying with a 6 23 state mandate if funding for the cost of the state mandate is 6 24 not provided or specified. However, the bill also provides 6 25 that it is the intent of the general assembly that the fees 6 26 and funds generated in the bill are to be used to cover the 6 27 costs associated with the additional duties imposed. 6 28 LSB 1451SS 76 6 29 lh/cf/24.1
Text: SF00108 Text: SF00110 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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