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PAG LIN 1 1 Section 1. Section 321.556, Code 1995, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 321.556 NOTICE AND HEARING &endash; FINDINGS AND ORDER. 1 5 1. If, upon review of the record of convictions of any 1 6 person, the department determines that the person appears to 1 7 be a habitual offender, the department shall immediately 1 8 notify the person in writing and afford the licensee an 1 9 opportunity for a hearing. The notice shall direct the person 1 10 named in the notice to appear for hearing and show cause why 1 11 the person should not be barred from operating a motor vehicle 1 12 on the highways of this state. The notice shall meet the 1 13 requirements of section 17A.12 and shall be served in the 1 14 manner provided in that section. Service of notice on any 1 15 nonresident of this state may be made in the same manner as 1 16 provided in sections 321.498 through 321.506. A peace officer 1 17 stopping a person for whom a notice to appear for hearing has 1 18 been issued under the provisions of this section may 1 19 personally serve the notice upon forms approved by the 1 20 department to satisfy the notice requirements of this section. 1 21 A peace officer may confiscate the motor vehicle license of a 1 22 person if the license has been revoked or has been suspended 1 23 subsequent to a hearing and the person has not forwarded the 1 24 motor vehicle license to the department as required. 1 25 2. The hearing shall be conducted as provided in section 1 26 17A.12 before the department in the county where the alleged 1 27 events occurred, unless the director and the person agree that 1 28 the hearing may be held by telephone conference at the 1 29 discretion of the agency conducting the hearing. The hearing 1 30 shall be recorded and its scope shall be limited to the issue 1 31 of whether the person notified is a habitual offender. 1 32 3. An abstract certified by the director of transportation 1 33 may be admitted as evidence as provided in section 622.43, at 1 34 the hearing, and shall be prima facie evidence that the person 1 35 named in the abstract was duly convicted by the court in which 2 1 the conviction or holding was made of each offense shown by 2 2 the abstract. If the person named in the abstract denies 2 3 conviction of any of the relevant convictions contained in the 2 4 abstract, the person shall have the burden of proving that the 2 5 conviction is untrue. For purposes of this subsection, a 2 6 conviction is relevant if it is for one of the offenses listed 2 7 in section 321.555. 2 8 4. If the department finds that the person is not the same 2 9 person named in the abstract, or otherwise concludes that the 2 10 person is not a habitual offender as provided in section 2 11 321.555, the department shall issue a decision dismissing the 2 12 proceedings. If the department's findings and conclusions are 2 13 that the person is a habitual offender, the department shall 2 14 issue an order prohibiting the person from operating a motor 2 15 vehicle on the highways of this state for the period specified 2 16 in section 321.560. If a person is found to be a habitual 2 17 offender, the person shall surrender all licenses or permits 2 18 to operate a motor vehicle in this state to the department. 2 19 Sec. 2. Section 321.560, Code 1995, is amended to read as 2 20 follows: 2 21 321.560 BARRED FOR SIX YEARS. 2 22 A license to operate a motor vehicle in this state shall 2 23 not be issued to any person declared to beana habitual 2 24 offender under section 321.555, subsection 1 for a period of 2 25 not less than two years nor more than six years from the date 2 26 ofjudgment as ordered by the courtthe final decision of the 2 27 department under section 17A.19 or the date on which the 2 28 district court upholds the final decision of the department, 2 29 whichever occurs later. A license to operate a motor vehicle 2 30 in this state shall not be issued to any person declared to be 2 31ana habitual offender under section 321.555, subsection 2, 2 32 for a period of one year from the date ofjudgmentthe final 2 33 decision of the department under section 17A.19 or the date on 2 34 which the district court upholds the final decision of the 2 35 department, whichever occurs later. The department shall 3 1 adopt rules under chapter 17A which establish a point system 3 2 which shall be used to determine the period for which a person 3 3 who is declared to be a habitual offender under section 3 4 321.555, subsection 1, shall not be issued a license. 3 5 Sec. 3. Section 321.561, Code 1995, is amended to read as 3 6 follows: 3 7 321.561 PUNISHMENT FOR VIOLATION. 3 8 It shall be unlawful for any personconvicted as anfound 3 9 to be a habitual offender to operate any motor vehicle in this 3 10 state during the period of time specified in section 321.560. 3 11This conviction shall constituteA person violating this 3 12 section commits an aggravated misdemeanor. 3 13 Sec. 4. Section 331.756, subsection 58, Code 1995, is 3 14 amended by striking the subsection. 3 15 Sec. 5. Section 602.8102, subsection 52, Code 1995, is 3 16 amended by striking the subsection. 3 17 Sec. 6. Section 602.8106, subsection 1, paragraph a, Code 3 18 1995, is amended to read as follows: 3 19 a. Except as otherwise provided in paragraphs "b" and "c", 3 20 for filing and docketing a criminal case to be paid by the 3 21 county or city which has the duty to prosecute the criminal 3 22 action, payable as provided in section 602.8109, thirty 3 23 dollars. When judgment is rendered against the defendant, 3 24 costs collected from the defendant shall be paid to the county 3 25 or city which has the duty to prosecute the criminal action to 3 26 the extent necessary for reimbursement for fees paid. 3 27 However, the fees which are payable by the county to the clerk 3 28 of the district court for services rendered in criminal 3 29 actions prosecuted under state lawand in habitual offender3 30actions pursuant to section 321.556,and the court costs taxed 3 31 in connection with the trial of those actions or appeals from 3 32 the judgments in those actions are waived. 3 33 Sec. 7. REPEAL. Sections 321.557, 321.558, and 321.559, 3 34 Code 1995, are repealed. 3 35 EXPLANATION 4 1 This bill provides for the administrative determination by 4 2 the department of transportation of whether a person's license 4 3 is to be barred for being a habitual offender. Currently the 4 4 determinations of whether a person is to be declared a 4 5 habitual offender are made by the court. Under the bill, the 4 6 administrative hearings are to be conducted in the same manner 4 7 as contested case hearings under chapter 17A, although 4 8 provision is made for telephone hearings if the person who is 4 9 the subject of the hearing and the department agree. Service 4 10 is to be made in the same manner as in other administrative 4 11 hearings, except that a peace officer who has stopped a person 4 12 for another reason may serve the person with the notice on 4 13 forms to be developed by the department. Service on 4 14 nonresidents of this state may be made in the same manner as 4 15 other actions by the department against nonresidents. If a 4 16 person is found to be a habitual offender under section 4 17 321.555, subsection 1, for commission of three offenses of 4 18 vehicular manslaughter, operating while intoxicated, driving 4 19 while suspended, revoked, or barred, a felony vehicle offense, 4 20 or failure to stop and leave information within a six-year 4 21 period, the person's license will be barred for no less than 4 22 two and no more than six years from the date on which the 4 23 department's decision becomes final. If a person is found to 4 24 be a habitual offender under section 321.555, subsection 2, 4 25 for the commission of six reportable traffic or license 4 26 offenses within a two-year period, the person's license is to 4 27 be barred for one year. The department's decision is 4 28 considered final by the latter of either the date of the 4 29 agency's decision or the date on which the agency's decision 4 30 is affirmed by the court. The department is to adopt rules 4 31 establishing a point system which is to be used to determine 4 32 the length of time for which the person is to be barred from 4 33 possessing a license to operate a motor vehicle in this state 4 34 if the person is found to be a habitual offender and the 4 35 person's license is to be barred for at least two, but not 5 1 more than six years. 5 2 LSB 1440XC 76 5 3 lh/sc/14
Text: SSB00111 Text: SSB00113 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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