Text: SSB00006 Text: SSB00008 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.4, subsections 1 and 2, Code 1995, 1 2 are amended to read as follows: 1 3 1. If a defendant is convicted of a violation of section 1 4 321J.2 and the defendant's motor vehicle license or 1 5 nonresident operating privilege has not been revoked under 1 6 section 321J.9 or 321J.12 for the occurrence from which the 1 7 arrest arose, the department shall revoke the defendant's 1 8 motor vehicle license or nonresident operating privilege for 1 9 one hundred eighty days if the defendant has had no previous 1 10 convictionunder section 321J.2or revocation undersection1 11321J.9 or 321J.12this chapter within the previous six years 1 12 and the defendant shall not be eligible for any temporary 1 13 restricted license for at least thirty days after the 1 14 effective date of the revocation if a test was obtained, and 1 15 for at least ninety days if a test was refused. 1 16 If a defendant is convicted of a violation of section 1 17 321J.2, and the defendant's motor vehicle license or 1 18 nonresident operating privilege has not already been revoked 1 19 under section 321J.9 or 321J.12 for the occurrence from which 1 20 the arrest arose, the department shall revoke the defendant's 1 21 motor vehicle license or nonresident operating privilege for 1 22 one year if the defendant has had one or more previous 1 23 convictions or revocations underthose sectionsthis chapter 1 24 within the previous six years. The defendant shall not be 1 25 eligible for any temporary restricted license during the 1 26 entire one year revocation period. 1 27 2. If the court defers judgment pursuant to section 907.3 1 28 for a violation of section 321J.2, and if the defendant's 1 29 motor vehicle license or nonresident operating privilege has 1 30 not been revoked under section 321J.9 or 321J.12, or has not 1 31 otherwise been revoked for the occurrence from which the 1 32 arrest arose, the court shall order the department to revoke 1 33 the defendant's motor vehicle license or nonresident operating 1 34 privilege for a period of not less than thirty days nor more 1 35 than ninety daysif the defendant's motor vehicle license or2 1nonresident operating privilege has not been revoked under2 2section 321J.9 or 321J.12 or has not otherwise been revoked2 3for the occurrence from which the arrest arose. The defendant 2 4 shall not be eligible for any temporary restricted license for 2 5 at least thirty days after the effective date of the 2 6 revocation if a test was obtained and for at least ninety days 2 7 if a test was refused. The court shall immediately require 2 8 the defendant to surrender to it all Iowa licenses or permits 2 9 held by the defendant, which the court shall forward to the 2 10 department with a copy of the order deferring judgment. 2 11 Sec. 2. Section 321J.4, subsection 3, paragraph a, Code 2 12 1995, is amended to read as follows: 2 13 a. Upon a plea or verdict of guilty of a third or 2 14 subsequent violation of section 321J.2, the court shall order 2 15 the department to revoke the defendant's motor vehicle license 2 16 or nonresident operating privilege for a period of six years. 2 17 The defendant shall not be eligible for a temporary restricted 2 18 license for at least one year after the effective date of the 2 19 revocation. The court shall require the defendant to 2 20 surrender to it all Iowa licenses or permits held by the 2 21 defendant, which the court shall forward to the department 2 22 with a copy of the order for revocation. 2 23 Sec. 3. Section 321J.4, subsections 4, 5, and 8, Code 2 24 1995, are amended to read as follows: 2 25 4. Upon a plea or verdict of guilty of a violation of 2 26 section 321J.2 which involved a personal injury, the court 2 27 shall determine in open court, from consideration of the 2 28 information in the file and any other evidence the parties may 2 29 submit, whether a serious injury was sustained by any person 2 30 other than the defendant and, if so, whether the defendant's 2 31 conduct in violation of section 321J.2 caused the serious 2 32 injury. If the court so determines, the court shall order the 2 33 department to revoke the defendant's motor vehicle license or 2 34 nonresident operating privilege for a period of one year in 2 35 addition to any other period of suspension or revocation. The 3 1 defendant shall not be eligible for any temporary restricted 3 2 license until the minimum period of ineligibility has expired 3 3 under section 321J.4, 321J.9, 321J.12, or 321J.20. The 3 4 defendant shall surrender to the court any Iowa license or 3 5 permit and the court shall forward it to the department with a 3 6 copy of the order for revocation. 3 7 5. Upon a plea or verdict of guilty of a violation of 3 8 section 321J.2 which involved a death, the court shall 3 9 determine in open court, from consideration of the information 3 10 in the file and any other evidence the parties may submit, 3 11 whether a death occurred and, if so, whether the defendant's 3 12 conduct in violation of section 321J.2 caused the death. If 3 13 the court so determines, the court shall order the department 3 14 to revoke the defendant's motor vehicle license or nonresident 3 15 operating privilege for a period of six years. The defendant 3 16 shall not be eligible for any temporary restricted license 3 17 until the minimum period of ineligibility has expired under 3 18 section 321J.4, 321J.9, 321J.12, or 321J.20. The defendant 3 19 shall surrender to the court any Iowa license or permit and 3 20 the court shall forward it to the department with a copy of 3 21 the order for revocation. 3 22 8. A person whose motor vehicle license has either been 3 23 revoked under this chapter, or revoked or suspended under 3 24 chapter 321 solely for violations of this chapter, or who has 3 25 been determined to be a habitual offender under chapter 321 3 26 based solely on violations of this chapter, and who is not 3 27 eligible for a temporary restricted license under this chapter 3 28 may petition the court upon the expiration of the minimum 3 29 period of ineligibility for a temporary restricted license 3 30 provided for under section 321J.4, 321J.9, 321J.12, or 321J.20 3 31 for an order to the department to require the department to 3 32 issue a temporary restricted license to the person 3 33 notwithstanding section 321.560. Upon the filing of a 3 34 petition for a temporary restricted license under this 3 35 section, the clerk of the district court in the county where 4 1 the violation that resulted in the revocation occurred shall 4 2 send notice of the petition to the department and the 4 3 prosecuting attorney. The department and the prosecuting 4 4 attorney shall each be given an opportunity to respond to and 4 5 request a hearing on the petition. The court shall determine 4 6 if the temporary restricted license is necessary for the 4 7 person to maintain the person's present employment. If the 4 8 court determines that the temporary restricted license is 4 9 necessary for the person to maintain the person's present 4 10 employment, and that the minimum period of ineligibility for 4 11 receipt of a temporary license has expired, the court shall 4 12 order the department to issue to the person a temporary 4 13 restricted license conditioned upon the person's certification 4 14 to the court of the installation of approved ignition 4 15 interlock devices in all motor vehicles that it is necessary 4 16 for the person to operate to maintain the person's present 4 17 employment. Section 321.561 does not apply to a person 4 18 operating a motor vehicle in the manner permitted under this 4 19 subsection. If the person operates a motor vehicle which does 4 20 not have an approved ignition interlock device or if the 4 21 person tampers with or circumvents an ignition interlock 4 22 device, in addition to other penalties provided, the person's 4 23 temporary restricted license shall be revoked. A person 4 24 holding a temporary restricted license issued under this 4 25 subsection shall not operate a commercial motor vehicle, as 4 26 defined in section 321.1, on a highway if a commercial 4 27 driver's license is required for the person to operate the 4 28 commercial motor vehicle. 4 29 Sec. 4. Section 321J.8, Code 1995, is amended to read as 4 30 follows: 4 31 321J.8 STATEMENT OF OFFICER. 4 32 A person who has been requested to submit to a chemical 4 33 test shall be advised by a peace officer of the following: 4 34 1. If the person refuses to submit to the test, the 4 35 person's motor vehicle license or nonresident operating 5 1 privilege will be revoked by the department as required by and 5 2 for the applicable period specified under section 321J.9. 5 3 2. If the person submits to the test and the results 5 4 indicate an alcohol concentration as defined in section 321J.1 5 5 of .10 or more, the person's motor vehicle license or 5 6 nonresident operating privilege will be revoked by the 5 7 department as required by and for the applicable period 5 8 specified under section 321J.12. 5 9 3. If the person is operating a commercial motor vehicle 5 10 as defined in section 321.1 and either refuses to submit to 5 11 the test or submits to the test and the results indicate an 5 12 alcohol concentration of 0.04 or more, the person is 5 13 disqualified from operating a commercial motor vehicle for the 5 14 applicable period under section 321.208 in addition to any 5 15 revocation of the person's motor vehicle license or 5 16 nonresident operating privilege which may be applicable under 5 17 this chapter. 5 18 This section does not apply in any case involving a person 5 19 described in section 321J.7. 5 20 Sec. 5. Section 321J.9, Code 1995, is amended to read as 5 21 follows: 5 22 321J.9 REFUSAL TO SUBMIT &endash; REVOCATION. 5 23 1. If a person refuses to submit to the chemical testing, 5 24 a test shall not be given, but the department, upon the 5 25 receipt of the peace officer's certification, subject to 5 26 penalty for perjury, that the officer had reasonable grounds 5 27 to believe the person to have been operating a motor vehicle 5 28 in violation of section 321J.2, that specified conditions 5 29 existed for chemical testing pursuant to section 321J.6, and 5 30 that the person refused to submit to the chemical testing, 5 31 shall revoke the person's motor vehicle license and any 5 32 nonresident operating privilege fora periodthe following 5 33 periods oftwotime: 5 34 a. Two hundred forty days if the person has no previous 5 35 revocation within the previous six years under this chapter; 6 1 andfive6 2 b. Five hundred forty days if the person has one or more 6 3 previous revocations within the previous six years under this 6 4 chapter; or if. 6 5 2. A person whose motor vehicle license or nonresident 6 6 operating privileges are revoked for two hundred forty days 6 7 under subsection 1, paragraph "a", shall not be eligible for a 6 8 temporary restricted license for at least ninety days after 6 9 the effective date of the revocation. A person whose motor 6 10 vehicle license or nonresident operating privileges are 6 11 revoked for five hundred forty days under subsection 1, 6 12 paragraph "b", shall not be eligible for a temporary 6 13 restricted license for at least one year after the effective 6 14 date of the revocation. 6 15 3. If the person is a resident without a license or permit 6 16 to operate a motor vehicle in this state, the department shall 6 17 deny to the person the issuance of a license or permit for the 6 18 same period a license or permit would be revoked, and deny 6 19 issuance of a temporary restricted license for the same period 6 20 of ineligibility for receipt of a temporary restricted 6 21 license, subject to review as provided in this chapter. The 6 22 effective date of revocation shall betwentyten days after 6 23 the department has mailed notice of revocation to the person 6 24 by certified mail or, on behalf of the department, a peace 6 25 officer offering or directing the administration of a chemical 6 26 test may serve immediate notice of intention to revoke and of 6 27 revocation on a person who refuses to permit chemical testing. 6 28 If the peace officer serves that immediate notice, the peace 6 29 officer shall take the Iowa license or permit of the driver, 6 30 if any, and issue a temporary license effective for only 6 31twentyten days. The peace officer shall immediately send the 6 32 person's license to the department along with the officer's 6 33 certificate indicating the person's refusal to submit to 6 34 chemical testing. 6 35 Sec. 6. Section 321J.12, Code 1995, is amended to read as 7 1 follows: 7 2 321J.12 TEST RESULT REVOCATION. 7 3 1. Upon certification, subject to penalty for perjury, by 7 4 the peace officer that there existed reasonable grounds to 7 5 believe that the person had been operating a motor vehicle in 7 6 violation of section 321J.2, that there existed one or more of 7 7 the necessary conditions for chemical testing described in 7 8 section 321J.6, subsection 1, and that the person submitted to 7 9 chemical testing and the test results indicated an alcohol 7 10 concentration as defined in section 321J.1 of .10 or more, the 7 11 department shall revoke the person's motor vehicle license or 7 12 nonresident operating privilege fora periodthe following 7 13 periods ofonetime: 7 14 a. One hundred eighty days if the person has had no 7 15 revocation within the previous six years under this chapter,. 7 16and one7 17 b. One year if the person has had one or more previous 7 18 revocations within the previous six years under this chapter. 7 19 2. A person whose motor vehicle license or nonresident 7 20 operating privileges have been revoked under subsection 1, 7 21 paragraph "a", shall not be eligible for any temporary 7 22 restricted license for at least thirty days after the 7 23 effective date of the revocation. A person whose license or 7 24 privileges have been revoked under subsection 1, paragraph 7 25 "b", for one year shall not be eligible for any temporary 7 26 restricted license for one year after the effective date of 7 27 the revocation. 7 28 3. The effective date of the revocation shall betwenty7 29 ten days after the department has mailed notice of revocation 7 30 to the person by certified mail. The peace officer who 7 31 requested or directed the administration of the chemical test 7 32 may, on behalf of the department, serve immediate notice of 7 33 revocation on a person whose test results indicated an alcohol 7 34 concentration of .10 or more. 7 35 4. If the peace officer serves that immediate notice, the 8 1 peace officer shall take the person's Iowa license or permit, 8 2 if any, and issue a temporary license valid only fortwenty8 3 ten days. The peace officer shall immediately send the 8 4 person's driver's license to the department along with the 8 5 officer's certificate indicating that the test results 8 6 indicated an alcohol concentration of .10 or more. 8 7 5. The results of a chemical test may not be used as the 8 8 basis for a revocation of a person's motor vehicle license or 8 9 nonresident operating privilege if the alcohol concentration 8 10 indicated by the chemical test minus the established margin of 8 11 error inherent in the device or method used to conduct the 8 12 chemical test does not equal an alcohol concentration of .10 8 13 or more. 8 14 Sec. 7. Section 321J.13, subsections 1, 2, and 3, Code 8 15 1995, are amended to read as follows: 8 16 1. Notice of revocation of a person's motor vehicle 8 17 license or operating privilege served pursuant to section 8 18 321J.9 or 321J.12 shall include a form accompanied by a 8 19 preaddressed envelope on which the person served may indicate 8 20 by a checkmark if the person only wishes to request a 8 21 temporary restricted licenseonlyafter the mandatory 8 22 ineligibility period for issuance of a temporary restricted 8 23 license has ended, or if the person wishes a hearing to 8 24 contest the revocation. The form shall clearly state on its 8 25 face that the form must be completed and returned within 8 26thirtyten days of receipt or the person's right to a hearing 8 27 to contest the revocation is foreclosed. The form shall also 8 28 be accompanied by a statement of the operation of and the 8 29 person's rights under this chapter. 8 30 2. The department shall grant the person an opportunity to 8 31 be heard within forty-five days of receipt of a request for a 8 32 hearing if the request is made not later thanthirtyten days 8 33 after receipt of notice of revocation served pursuant to 8 34 section 321J.9 or 321J.12. The hearing shall be before the 8 35 department in the county where the alleged events occurred, 9 1 unless the director and the person agree that the hearing may 9 2 be held in some other county, or the hearing may be held by 9 3 telephone conference at the discretion of the agency 9 4 conducting the hearing. The hearing may be recorded and its 9 5 scope shall be limited to the issues of whether a peace 9 6 officer had reasonable grounds to believe that the person was 9 7 operating a motor vehicle in violation of section 321J.2 and 9 8 either of the following: 9 9 a. Whether the person refused to submit to the test or 9 10 tests. 9 11 b. Whether a test was administered and the test results 9 12 indicated an alcohol concentration as defined in section 9 13 321J.1 of .10 or more. 9 14 3. After the hearing the department shall order that the 9 15 revocation be either rescinded or sustained.If the9 16revocation is sustained, the administrative law judge who9 17conducted the hearing may issue a temporary restricted license9 18to the person whose motor vehicle license or operating9 19privilege was revoked.Upon receipt of the decision of the 9 20 department to sustain a revocation, the person contesting the 9 21 revocation has ten days to file a request for review of the 9 22 decision by the director. The director or the director's 9 23 designee shall review the decision within fifteen days and 9 24 shall either rescind or sustain the revocation or order a new 9 25 hearing. If the director orders a new hearing, the department 9 26 shall grant the person a new hearing withinthirtytwenty days 9 27 of the director's order. 9 28 Sec. 8. Section 321J.20, subsection 1, Code 1995, is 9 29 amended to read as follows: 9 30 1. The department may, on application, issue a temporary 9 31 restricted license to a person whose motor vehicle license is 9 32 revoked under this chapter allowing the person to drive to and 9 33 from the person's home and specified places at specified times 9 34 which can be verified by the department and which are required 9 35 by the person's full-time or part-time employment, continuing 10 1 health care or the continuing health care of another who is 10 2 dependent upon the person, continuing education while enrolled 10 3 in an educational institution on a part-time or full-time 10 4 basis and while pursuing a course of study leading to a 10 5 diploma, degree, or other certification of successful 10 6 educational completion, substance abuse treatment, and court- 10 7 ordered community service responsibilities if the person's 10 8 motor vehicle license has not been revoked under section 10 9 321J.4, 321J.9, or 321J.12 within the previous six years and 10 10 if any of the following apply: 10 11 a. The person's motor vehicle license is revoked under 10 12 section 321J.4, subsection 1, 2, 4, or 6, and the minimum 10 13 period of ineligibility for issuance of a temporary restricted 10 14 license has expired. 10 15 b. The person's motor vehicle license is revoked under 10 16 section 321J.9 and the person has entered a plea of guilty on 10 17 a charge of a violation of section 321J.2 which arose from the 10 18 same set of circumstances which resulted in the person's motor 10 19 vehicle license revocation under section 321J.9 and the guilty 10 20 plea is not withdrawn at the time of or after application for 10 21 the temporary restricted license, and the minimum period of 10 22 ineligibility for issuance of a temporary restricted license 10 23 has expired. 10 24 c. The person's motor vehicle license is revoked under 10 25 section 321J.12, and the minimum period of ineligibility for 10 26 issuance of a temporary restricted license has expired. 10 27 However, a temporary restricted license may be issued if 10 28 the person's motor vehicle license is revoked under section 10 29 321J.9, and the revocation is a second revocation under this 10 30 chapter, and the first three hundred andsixtysixty-five days 10 31 of the revocation have expired. 10 32 EXPLANATION 10 33 The bill is intended to comply with federal section 410 10 34 criteria established for states with comprehensive drunk 10 35 driving prevention programs. Federal section 410 criteria 11 1 require the establishment of periods of "hard" revocation and 11 2 the completion of the license revocation hearing process 11 3 within an abbreviated period of time. States meeting such 11 4 criteria, as determined by the national highway traffic safety 11 5 administration (NHTSA), are eligible to receive grant funds 11 6 (65 percent of current 402 moneys) to enhance their drunk 11 7 driving prevention programs. 11 8 The bill establishes minimum periods of "hard" suspension 11 9 (no driving privileges) for persons driving while intoxicated. 11 10 Minimum revocation periods of 30 days are established if 11 11 the person submitted to and failed a chemical test resulting 11 12 in an indication of an alcohol concentration of .10 or more, 11 13 90 days if the person refuses to submit to a chemical test, 11 14 and one year for a person who had had one or more previous 11 15 revocations under chapter 321J within the previous six years. 11 16 This bill requires that the local prosecuting attorney and 11 17 the state department of transportation be given notice by the 11 18 clerk of the district court of, and the opportunity to request 11 19 a hearing on, a petition for a temporary restricted license 11 20 pursuant to section 321J.4. 11 21 The bill further provides for a reduction of the effective 11 22 date of revocation from 20 to 10 days and requires that a 11 23 request for hearing must be completed and returned to the 11 24 department within 10 days (currently 30) upon receipt of 11 25 notice of revocation. The bill also reduces the time within 11 26 which a new hearing after a hearing result is contested. 11 27 Under the bill persons subject to judicial, as well as 11 28 administrative, revocation are subject to "hard" suspension 11 29 provisions. 11 30 BACKGROUND STATEMENT 11 31 SUBMITTED BY THE AGENCY 11 32 Drunk driving is one of the deadliest crimes on Iowa's 11 33 highways. Most offenders who have had their licenses 11 34 suspended or revoked apply for, and receive, temporary driving 11 35 permits, meaning virtually little loss of driving privileges. 12 1 Studies have shown that administrative penalties work as a 12 2 deterrent to drunk driving because they are swift and certain 12 3 and they apply across-the-board. 12 4 This "hard suspension" would apply to persons who have been 12 5 arrested for OWI and to those who have refused an officer's 12 6 request for a test and have been charged with OWI. The 12 7 enactment of this legislation may also enable Iowa to be 12 8 eligible for federal funds which could be used to enhance 12 9 enforcement, improve public education on the issue of alcohol 12 10 and drunk driving, and provide additional training for the 12 11 criminal justice system. 12 12 LSB 1062DP 76 12 13 lh/cf/24
Text: SSB00006 Text: SSB00008 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/00000/SSB00007/950111.html
jhf