Text: SF00168 Text: SF00170 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.215, subsection 2, unnumbered 1 2 paragraph 1, Code 1995, is amended to read as follows: 1 3 Upon conviction and the suspension or revocation of a 1 4 person's motor vehicle license under section 321.209, 1 5 subsection 5, 6, or 8; 321.210; 321.210A; 321.513; or 321.555, 1 6 subsection 2, or upon the denial of issuance of a license 1 7 under section 321.560, based solely on offenses defined in 1 8 section 321.555, subsection 1, paragraph "c", and upon the 1 9 denial by the director of an application for a temporary 1 10 restricted license, a person may apply to the district court 1 11 having jurisdiction for the residence of the person for a 1 12 temporary restricted permit to operate a motor vehicle for the 1 13 limited purpose or purposes specified in subsection 1. The 1 14 application may be granted only if all of the following 1 15 criteria are satisfied: 1 16 Sec. 2. Section 321.559, Code 1995, is amended to read as 1 17 follows: 1 18 321.559 FINDING OF COURT. 1 19 If the court finds that the defendant is not the same 1 20 person named in the abstract, or that the defendant is notan1 21 a habitual offender as provided in this division, the 1 22 proceeding shall be dismissed. If the court finds that the 1 23 defendant isana habitual offender, the court shall by 1 24 appropriate judgment direct that such person not operate a 1 25 motor vehicle on the highways of this state for the period 1 26 specified in section 321.560. In such case the defendant 1 27 shall surrender to the court all licenses or permits to 1 28 operate a motor vehicle upon the highways of this state. The 1 29 clerk of the court shall transmit a copy of such judgment 1 30 together with any licenses or permits surrendered to the 1 31 department of transportation. However, the court shall 1 32 provide that a person may operate upon the highways of the 1 33 state if the person is granted a temporary restricted permit 1 34 under section 321.215, subsection 2. 1 35 Sec. 3. Section 321.560, Code 1995, is amended to read as 2 1 follows: 2 2 321.560 BARRED FOR SIX YEARS. 2 3 A license to operate a motor vehicle in this state shall 2 4 not be issued to any person declared to beana habitual 2 5 offender under section 321.555, subsection 1 for a period of 2 6 not less than two years nor more than six years from the date 2 7 of judgment as ordered by the court. However, a temporary 2 8 restricted permit may be issued to a person declared to be a 2 9 habitual offender under section 321.555, subsection 1, 2 10 paragraph "c", pursuant to section 321.215, subsection 2. A 2 11 license to operate a motor vehicle in this state shall not be 2 12 issued to any person declared to beana habitual offender 2 13 under section 321.555, subsection 2, for a period of one year 2 14 from the date of judgment. 2 15 Sec. 4. Section 321.561, Code 1995, is amended to read as 2 16 follows: 2 17 321.561 PUNISHMENT FOR VIOLATION. 2 18 It shall be unlawful for any person convicted asana 2 19 habitual offender to operate any motor vehicle in this state 2 20 during the period of time specified in section 321.560 except 2 21 for a habitual offender who has been granted a temporary 2 22 restricted permit pursuant to section 321.215, subsection 2. 2 23 This conviction shall constitute an aggravated misdemeanor. 2 24 EXPLANATION 2 25 This bill allows a person who has been declared a habitual 2 26 offender and who has been barred from operating a motor 2 27 vehicle under section 321.560 to apply for a temporary 2 28 restricted permit if the bar was based upon offenses under 2 29 section 321.555, subsection 1, paragraph "c". Section 2 30 321.555, subsection 1, paragraph "c", defines a habitual 2 31 offender as any person who has three or more convictions for 2 32 driving a motor vehicle while the person's motor vehicle 2 33 license is suspended, revoked, or barred. Currently, section 2 34 321.560 provides that when a person has been declared a 2 35 habitual offender under section 321.555, subsection 1, the 3 1 person is barred from being issued a driver's license for a 3 2 period from two to six years. 3 3 Under the bill a person may apply to the district court for 3 4 a temporary restricted permit if the person can show extreme 3 5 hardship or compelling circumstances where alternative means 3 6 of transportation do not exist. The temporary restricted 3 7 permit allows the person to drive to and from the person's 3 8 home and specified places at specified times which can be 3 9 verified by the state department of transportation if required 3 10 by the person's employment, health care, continuing education, 3 11 substance abuse treatment, or court-ordered community service 3 12 responsibilities. 3 13 LSB 1751SS 76 3 14 js/jj/8
Text: SF00168 Text: SF00170 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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