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PAG LIN 1 1 Section 1. Section 321J.4, subsection 8, Code Supplement 1 2 1995, is amended to read as follows: 1 3 8. a. A person whose motor vehicle license has either 1 4 been revoked under this chapter, or revoked or suspended under 1 5 chapter 321 solely for violations of this chapter, or who has 1 6 been determined to be a habitual offender under chapter 321 1 7 based solely on violations of this chapter, and who is not 1 8 eligible for a temporary restricted license under this chapter 1 9 may petition the court upon the expiration of the minimum 1 10 period of ineligibility for a temporary restricted license 1 11 provided for under this section or section 321J.9, 321J.12, or 1 12 321J.20 for an order to the departmentto requirerequiring 1 13 the department to issue a temporary restricted license to the 1 14 person, notwithstanding section 321.560. Upon the filing of a 1 15 petition for a temporary restricted license under this 1 16 section, the clerk of the district court in the county where 1 17 the violation that resulted in the revocation occurred shall 1 18 send notice of the petition to the department and the 1 19 prosecuting attorney. The department and the prosecuting 1 20 attorney shall each be given an opportunity to respond to and 1 21 request a hearing on the petition. 1 22 b. The court shall determine if the temporary restricted 1 23 license is necessary for the person to maintain the person's 1 24 present full-time or part-time employment, including 1 25 consideration of child care necessary to maintain the 1 26 employment; continuing health care or the continuing health 1 27 care of another who is dependent upon the person; continuing 1 28 education while enrolled in an educational institution on a 1 29 part-time or full-time basis and while pursuing a course of 1 30 study leading to a diploma, degree, or other certification of 1 31 successful educational completion; substance abuse treatment; 1 32 or court-ordered community service responsibilities. However, 1 33 a temporary restricted license shall not be ordered or issued 1 34 for violations of section 321J.2A or to persons under the age 1 35 of twenty-one who commit violations under section 321J.2. 2 1 c. If the court determines that the temporary restricted 2 2 license is necessaryfor the person to maintain the person's2 3present employmentbased upon consideration of any of the 2 4 factors listed in paragraph "b", and that the minimum period 2 5 of ineligibility for receipt of a temporary license has 2 6 expired, the court shall order the department to issue to the 2 7 person a temporary restricted license conditioned upon the 2 8 person's certification to the court of the installation of 2 9 approved ignition interlock devices in all motor vehicles that 2 10 it is necessary for the person to operateto maintain the2 11person's present employment. The court shall specify in its 2 12 order the limited purposes and specific places for which the 2 13 temporary restricted license shall be used by the person 2 14 petitioning the court. Notwithstanding any limitations 2 15 imposed on the department by this chapter or chapter 321, the 2 16 department shall issue the license. The temporary restricted 2 17 license issued by the department pursuant to such an order 2 18 shall specify the court-ordered place and purpose 2 19 restrictions. 2 20 d. Section 321.561 does not apply to a person operating a 2 21 motor vehicle in the manner permitted under this subsection. 2 22 e. If the person operates a motor vehicle which does not 2 23 have an approved ignition interlock device or if the person 2 24 tampers with or circumvents an ignition interlock device, in 2 25 addition to other penalties provided, the person's temporary 2 26 restricted license shall be revoked. 2 27 f. A person holding a temporary restricted license issued 2 28 under this subsection shall not operate a commercial motor 2 29 vehicle, as defined in section 321.1, on a highway if a 2 30 commercial driver's license is required for the person to 2 31 operate the commercial motor vehicle. 2 32 Sec. 2. Section 321J.20, subsection 1, Code Supplement 2 33 1995, is amended to read as follows: 2 34 1. The department may, on application, issue a temporary 2 35 restricted license to a person whose motor vehicle license is 3 1 revoked under this chapter allowing the person to drive to and 3 2 from the person's home and specified places at specified times 3 3 which can be verified by the department and which are required 3 4 by the person's full-time or part-time employment, including 3 5 consideration of child care necessary to maintain the 3 6 employment; continuing health care or the continuing health 3 7 care of another who is dependent upon the person, continuing 3 8 education while enrolled in an educational institution on a 3 9 part-time or full-time basis and while pursuing a course of 3 10 study leading to a diploma, degree, or other certification of 3 11 successful educational completion,; substance abuse 3 12 treatment,; and court-ordered community service 3 13 responsibilities if the person's motor vehicle license has not 3 14 been revoked under section 321J.4, 321J.9, or 321J.12 within 3 15 the previous six years and if any of the following apply: 3 16 a. The person's motor vehicle license is revoked under 3 17 section 321J.4, subsection 1, 2, 4, or 6, and the minimum 3 18 period of ineligibility for issuance of a temporary restricted 3 19 license has expired. 3 20 b. The person's motor vehicle license is revoked under 3 21 section 321J.9 and the person has entered a plea of guilty on 3 22 a charge of a violation of section 321J.2 which arose from the 3 23 same set of circumstances which resulted in the person's motor 3 24 vehicle license revocation under section 321J.9 and the guilty 3 25 plea is not withdrawn at the time of or after application for 3 26 the temporary restricted license, and the minimum period of 3 27 ineligibility for issuance of a temporary restricted license 3 28 has expired. 3 29 c. The person's motor vehicle license is revoked under 3 30 section 321J.12, and the minimum period of ineligibility for 3 31 issuance of a temporary restricted license has expired. 3 32 However, a temporary restricted license may be issued if 3 33 the person's motor vehicle license is revoked under section 3 34 321J.9, and the revocation is a second revocation under this 3 35 chapter, and the first three hundred and sixty-five days of 4 1 the revocation have expired. 4 2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 4 3 immediate importance, takes effect upon enactment. 4 4 EXPLANATION 4 5 Section 1 of this bill amends Code section 321J.4, 4 6 subsection 8, which currently permits a court to order the 4 7 issuance of a temporary restricted license for work purposes, 4 8 for a person who has waited the statutory minimum period and 4 9 who is not otherwise eligible for a temporary restricted 4 10 license under the provisions of section 321J.20. This bill 4 11 allows the court to consider specified circumstances 4 12 necessitating limited travel, in addition to employment, in 4 13 ordering the department to issue such a license. These 4 14 additional circumstances are identical to those that the 4 15 department may consider in issuing a temporary restricted 4 16 license under section 321J.20. The bill also requires that 4 17 the limited places and purposes for the license be specified 4 18 in the court order and as part of the temporary restricted 4 19 license. 4 20 Section 2 of the bill expressly adds to section 321J.20 4 21 that the department can consider child care needs relating to 4 22 employment in issuing a temporary restricted license. 4 23 Section 3 of the bill makes the bill effective upon 4 24 enactment. 4 25 LSB 3548HH 76 4 26 jls/jj/8
Text: SF02179 Text: SF02181 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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