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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; or 321.513; or upon 1 6 the denial of issuance of a motor vehicle license under 1 7 section 321.560, based solely on offenses enumerated in 1 8 section 321.555, subsection 1, paragraph "c", or section 1 9 321.555, subsection 2, and upon the denial by the director of 1 10 an application for a temporary restricted license, a person 1 11 may apply to the district court having jurisdiction for the 1 12 residence of the person for a temporary restricted permit to 1 13 operate a motor vehicle for the limited purpose or purposes 1 14 specified in subsection 1. The application may be granted 1 15 only if all of the following criteria are satisfied: 1 16 Sec. 2. Section 321.556, Code 1995, is amended by striking 1 17 the section and inserting in lieu thereof the following: 1 18 321.556 NOTICE AND HEARING &endash; FINDINGS AND ORDER. 1 19 1. If, upon review of the record of convictions of any 1 20 person, the department determines that the person appears to 1 21 be a habitual offender, the department shall immediately 1 22 notify the person in writing and afford the licensee an 1 23 opportunity for a hearing. The notice shall direct the person 1 24 named in the notice to appear for hearing and show cause why 1 25 the person should not be barred from operating a motor vehicle 1 26 on the highways of this state. The notice shall meet the 1 27 requirements of section 17A.12 and shall be served in the 1 28 manner provided in that section. Service of notice on any 1 29 nonresident of this state may be made in the same manner as 1 30 provided in sections 321.498 through 321.506. A peace officer 1 31 stopping a person for whom a notice to appear for hearing has 1 32 been issued under the provisions of this section may 1 33 personally serve the notice upon forms approved by the 1 34 department to satisfy the notice requirements of this section. 1 35 A peace officer may confiscate the motor vehicle license of a 2 1 person if the license has been revoked or has been suspended 2 2 subsequent to a hearing and the person has not forwarded the 2 3 motor vehicle license to the department as required. 2 4 2. The hearing shall be conducted as provided in section 2 5 17A.12 before the department in the county where the alleged 2 6 events occurred, unless the director and the person agree that 2 7 the hearing may be held in some other county, or the hearing 2 8 may be held by telephone conference at the discretion of the 2 9 agency conducting the hearing. The hearing shall be recorded 2 10 and its scope shall be limited to the issue of whether the 2 11 person notified is a habitual offender. 2 12 3. An abstract certified by the director of transportation 2 13 may be admitted as evidence as provided in section 622.43, at 2 14 the hearing, and shall be prima facie evidence that the person 2 15 named in the abstract was duly convicted by the court in which 2 16 the conviction or holding was made of each offense shown by 2 17 the abstract. If the person named in the abstract denies 2 18 conviction of any of the relevant convictions contained in the 2 19 abstract, the person shall have the burden of proving that the 2 20 conviction is untrue. For purposes of this subsection, a 2 21 conviction is relevant if it is for one of the offenses listed 2 22 in section 321.555. 2 23 4. If the department finds that the person is not the same 2 24 person named in the abstract, or otherwise concludes that the 2 25 person is not a habitual offender as provided in section 2 26 321.555, the department shall issue a decision dismissing the 2 27 proceedings. If the department's findings and conclusions are 2 28 that the person is a habitual offender, the department shall 2 29 issue an order prohibiting the person from operating a motor 2 30 vehicle on the highways of this state for the period specified 2 31 in section 321.560. If a person is found to be a habitual 2 32 offender, the person shall surrender all licenses or permits 2 33 to operate a motor vehicle in this state to the department. A 2 34 person who is found to be an habitual offender may be assessed 2 35 a fee by the department to cover the costs of the habitual 3 1 offender proceedings. Fees assessed shall be paid before the 3 2 person may be issued a license or permit to operate a motor 3 3 vehicle in this state. 3 4 Sec. 3. Section 321.560, Code 1995, is amended to read as 3 5 follows: 3 6 321.560 BARRED FOR SIX YEARS. 3 7 A license to operate a motor vehicle in this state shall 3 8 not be issued to any person declared to beana habitual 3 9 offender under section 321.555, subsection 1 for a period of 3 10 not less than two years nor more than six years from the date 3 11 ofjudgment as ordered by the courtthe final decision of the 3 12 department under section 17A.19 or the date on which the 3 13 district court upholds the final decision of the department, 3 14 whichever occurs later. However, a temporary restricted 3 15 license may be issued to a person declared to be a habitual 3 16 offender under section 321.555, subsection 1, paragraph "c", 3 17 pursuant to section 321.215, subsection 2. A license to 3 18 operate a motor vehicle in this state shall not be issued to 3 19 any person declared to beana habitual offender under section 3 20 321.555, subsection 2, for a period of one year from the date 3 21 ofjudgmentthe final decision of the department under section 3 22 17A.19 or the date on which the district court upholds the 3 23 final decision of the department, whichever occurs later. The 3 24 department shall adopt rules under chapter 17A which establish 3 25 a point system which shall be used to determine the period for 3 26 which a person who is declared to be a habitual offender under 3 27 section 321.555, subsection 1, shall not be issued a license. 3 28 Sec. 4. Section 321.561, Code 1995, is amended to read as 3 29 follows: 3 30 321.561 PUNISHMENT FOR VIOLATION. 3 31 It shall be unlawful for any personconvicted as anfound 3 32 to be a habitual offender to operate any motor vehicle in this 3 33 state during the period of time specified in section 321.560 3 34 except for a habitual offender who has been granted a 3 35 temporary restricted license pursuant to section 321.215, 4 1 subsection 2.This conviction shall constituteA person 4 2 violating this section commits an aggravated misdemeanor. 4 3 Sec. 5. Section 321J.4B, subsection 12, as enacted by 1995 4 4 Iowa Acts, Senate File 446, is amended to read as follows: 4 5 12. Operating a motor vehicle on a street or highway in 4 6 this state in violation of an order of impoundment or 4 7 immobilization is a serious misdemeanor. A motor vehicle 4 8 which is subject to an order of impoundment or immobilization 4 9 that is operated on a street or highway in this stateduring4 10the period of impoundment or immobilizationin violation of 4 11 the order shall be seized and forfeited to the state under 4 12 chapter 809. 4 13 Sec. 6. Section 321J.17, Code 1995, is amended to read as 4 14 follows: 4 15 321J.17 CIVIL PENALTY &endash; DISPOSITION &endash; REINSTATEMENT. 4 16 When the department revokes a person's motor vehicle 4 17 license or nonresident operating privilege under this chapter, 4 18 the department shall assess the person a civil penalty of two 4 19 hundred dollars. The money collected by the department under 4 20 this section shall be transmitted to the treasurer of state 4 21 who shall deposit one-half of the money in the separate fund 4 22 established in section 912.14 and one-half of the money shall 4 23 be deposited in the general fund of the state. Atemporary4 24restricted license shall not be issued or amotor vehicle 4 25 license or nonresident operating privilege shall not be 4 26 reinstated until the civil penalty has been paid. 4 27 Sec. 7. Section 321J.20, Code 1995, is amended by adding 4 28 the following new subsection: 4 29 NEW SUBSECTION. 6. Following the minimum period of 4 30 ineligibility, a temporary restricted license under this 4 31 section shall not be issued until such time as the applicant 4 32 installs an ignition interlock device of a type approved by 4 33 the commissioner of public safety on all motor vehicles owned 4 34 or operated by the applicant, in accordance with section 4 35 321J.4, subsection 7. Installation of an ignition interlock 5 1 device under this section shall be required for the period of 5 2 time for which the temporary restricted license is issued, but 5 3 no longer than one year, unless the court order under section 5 4 321J.4, subsection 7, provides for a longer period of time. 5 5 Sec. 8. NEW SECTION. 321J.24A YOUTHFUL OFFENDER 5 6 SUBSTANCE ABUSE AWARENESS PROGRAM. 5 7 1. As used in this section, unless the context otherwise 5 8 requires: 5 9 a. "Participant" means a person whose motor vehicle 5 10 license or operating privilege has been revoked for a 5 11 violation of section 321J.2A, if enacted by 1995 Iowa Acts, 5 12 Senate File 446. 5 13 b. "Program" means a substance abuse awareness program 5 14 provided under a contract entered into between the provider 5 15 and the commission on substance abuse of the Iowa department 5 16 of public health under chapter 125. 5 17 c. "Program coordinator" means a person assigned the duty 5 18 to coordinate a participant's activities in a program by the 5 19 program provider. 5 20 2. A substance abuse awareness program is established in 5 21 each of the regions established by the commission on substance 5 22 abuse. The program shall consist of an insight class and a 5 23 substance abuse evaluation, which shall be attended by the 5 24 participant, to discuss issues related to the potential 5 25 consequences of substance abuse. The parent or parents of the 5 26 participant shall also be encouraged to participate in the 5 27 program. The program provider shall consult with the 5 28 participant or the parents of the participant in the program 5 29 to determine the timing and appropriate level of participation 5 30 for the participant and any participation by the participant's 5 31 parents. The program may also include a supervised 5 32 educational tour by the participant to any or all of the 5 33 following: 5 34 a. A hospital or other emergency medical care facility 5 35 which regularly receives victims of motor vehicle accidents, 6 1 to observe treatment of appropriate victims of motor vehicle 6 2 accidents involving intoxicated drivers, under the supervision 6 3 of a registered nurse, physician, paramedic, or emergency 6 4 medical technician. 6 5 b. A facility for the treatment of chemical substance 6 6 abuse as defined in section 125.2, under the supervision of 6 7 appropriately licensed medical personnel. 6 8 c. If approved by the state or county medical examiner, a 6 9 morgue or a similar facility to receive appropriate 6 10 educational material and instruction concerning damage caused 6 11 by the consumption of alcohol or other drugs, under the 6 12 supervision of the county medical examiner or deputy medical 6 13 examiner. 6 14 3. If the program includes a tour, the program coordinator 6 15 shall explain and discuss the experiences which may be 6 16 encountered during the tour to the participant. If the 6 17 program coordinator determines at any time before or during a 6 18 tour that the tour may be traumatic or otherwise inappropriate 6 19 for the participant, the program coordinator shall terminate 6 20 the tour without prejudice to the participant. 6 21 4. Upon the revocation of the motor vehicle license or 6 22 operating privileges of a person who is fourteen years of age 6 23 or older for a violation of section 321J.2A, if enacted, if 6 24 the person has had no previous revocations under either 6 25 section 321J.2 or section 321J.2A, if enacted, a person may 6 26 participate in the substance abuse awareness program. The 6 27 state department of transportation shall notify a potential 6 28 program participant of the possibility and potential benefits 6 29 of attending a program and shall notify a potential program 6 30 participant of the availability programs which exist in the 6 31 area in which the person resides. The state department of 6 32 transportation shall consult with the Iowa department of 6 33 public health to determine what programs are available in 6 34 various areas of the state. The period of revocation for a 6 35 person whose motor vehicle license or operating privilege has 7 1 been revoked under section 321J.2A, if enacted, shall be 7 2 reduced by fifty percent upon receipt by the state department 7 3 of transportation of a certification by a program provider 7 4 that the person has completed a program. 7 5 5. Program providers and facilities toured during the 7 6 program are not liable for any civil damages resulting from 7 7 injury to the participant, or civil damages caused by the 7 8 participant during or from any activities related to a tour, 7 9 except for willful or grossly negligent acts intended to, or 7 10 reasonably expected to result in, such injury or damage. 7 11 6. The program provider shall determine fees to be paid by 7 12 participants in the program. The program fees shall be paid 7 13 on a sliding scale, based upon the ability of a participant 7 14 and a participant's family to pay the fees, and shall not 7 15 exceed one hundred dollars per participant. The program 7 16 provider shall use the fees to pay all costs associated with 7 17 the program. 7 18 Sec. 9. Section 331.756, subsection 58, Code 1995, is 7 19 amended by striking the subsection. 7 20 Sec. 10. Section 602.8102, subsection 52, Code 1995, is 7 21 amended by striking the subsection. 7 22 Sec. 11. Section 602.8106, subsection 1, paragraph a, Code 7 23 1995, is amended to read as follows: 7 24 a. Except as otherwise provided in paragraphs "b" and "c", 7 25 for filing and docketing a criminal case to be paid by the 7 26 county or city which has the duty to prosecute the criminal 7 27 action, payable as provided in section 602.8109, thirty 7 28 dollars. When judgment is rendered against the defendant, 7 29 costs collected from the defendant shall be paid to the county 7 30 or city which has the duty to prosecute the criminal action to 7 31 the extent necessary for reimbursement for fees paid. 7 32 However, the fees which are payable by the county to the clerk 7 33 of the district court for services rendered in criminal 7 34 actions prosecuted under state lawand in habitual offender7 35actions pursuant to section 321.556,and the court costs taxed 8 1 in connection with the trial of those actions or appeals from 8 2 the judgments in those actions are waived. 8 3 Sec. 12. Section 321J.12, subsection 5, as enacted by 1995 8 4 Iowa Acts, Senate File 446, is amended to read as follows: 8 5 5. Upon certification, subject to penalty of perjury, by 8 6 the peace officer that there existed reasonable grounds to 8 7 believe that the person had been operating a motor vehicle in 8 8 violation of section 321J.2A, that there existed one or more 8 9 of the necessary conditions for chemical testing described in 8 10 section 321J.6, subsection 1, and that the person submitted to 8 11 chemical testing and the test results indicated an alcohol 8 12 concentration as defined in section 321J.1 of .02 or more but 8 13 less than .10, the department shall revoke the person's motor 8 14 vehicle license or operating privilege for a period ofthirty8 15 sixty days if the person has had no revocations within the 8 16 previous six years under section 321J.2A, and for a period of 8 17 ninety days if the person has had one or more previous 8 18 revocations within the previous six years under section 8 19 321J.2A. 8 20 Sec. 13. REPEAL. Sections 321.557, 321.558, and 321.559, 8 21 Code 1995, are repealed. 8 22 Sec. 14. REPORT BY DEPARTMENT OF TRANSPORTATION. The 8 23 department of transportation shall, by January 15, 1996, 8 24 submit a report to the general assembly regarding the number 8 25 of habitual offender contested cases which take place on or 8 26 after the effective date of this Act. The report shall also 8 27 contain information regarding the average length and cost of 8 28 conducting the hearings. 8 29 SF 358 8 30 lh/cc/26 8 31
Text: SF00357 Text: SF00359 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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