Text: SSB00219 Text: SSB00221 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.215, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. Upon conviction and the suspension or revocation of a 1 4 person's motor vehicle license under section 321.209, 1 5 subsection 5,or 6, or 8; 321.210; 321.210A; 321.513; or 1 6 321.555, subsection 2, and upon the denial by the director of 1 7 an application for a temporary restricted license, a person 1 8 may apply to the district court having jurisdiction for the 1 9 residence of the person for a temporary restricted permit to 1 10 operate a motor vehicle for the limited purpose or purposes 1 11 specified in subsection 1. The application may be granted 1 12 only if all of the following criteria are satisfied: 1 13 a. The temporary restricted permit is requested only for a 1 14 case of extreme hardship or compelling circumstances where 1 15 alternative means of transportation do not exist. 1 16 b. The permit applicant has not made an application for a 1 17 temporary restricted permit in any district court in the state 1 18 which was denied. 1 19 c. The temporary restricted permit is restricted to the 1 20 limited purpose or purposes specified in subsection 1 at times 1 21 specified in the permit. 1 22 d. Proof of financial responsibility is established as 1 23 defined in chapter 321A. However, such proof is not required 1 24 if the motor vehicle license was suspended under section 1 25 321.210A or 321.513 or revoked under section 321.209, 1 26 subsection 8. 1 27 The district court shall forward a record of each 1 28 application for such temporary restricted permit to the 1 29 department, together with the results of the disposition of 1 30 the request by the court. A temporary restricted permit is 1 31 valid only if the department is in receipt of records required 1 32 by this section. 1 33 Sec. 2. Section 321.215, Code 1995, is amended by adding 1 34 the following new subsection: 1 35 NEW SUBSECTION. 5. A person who is convicted of a 2 1 controlled substance offense under section 124.401, 124.401A, 2 2 or 124.403; a controlled substance tax offense under chapter 2 3 453B; a drug or drug-related offense under section 126.3; or 2 4 an offense under 21 U.S.C. ch. 13, and whose driver's license 2 5 is subject to mandatory revocation under section 321.209, 2 6 subsection 8, may request the judge at the time of sentencing 2 7 to grant the person a temporary restricted permit if the 2 8 commission of the controlled substance offense did not involve 2 9 a motor vehicle. If commission of the controlled substance 2 10 offense did involve a motor vehicle, a person shall follow the 2 11 procedures for applying for a temporary restricted permit as 2 12 provided in subsection 2. The sentencing judge may grant a 2 13 temporary restricted permit under this subsection allowing the 2 14 person to drive to and from the person's home and specified 2 15 places at specified times which can be verified by the 2 16 department under the circumstances as stated in subsection 1, 2 17 if the person can demonstrate a case of extreme hardship or 2 18 compelling circumstances where alternative means of 2 19 transportation do not exist. Proof of financial 2 20 responsibility is not required for a permit issued under this 2 21 subsection. The court shall forward a record of each 2 22 temporary restricted permit granted by the sentencing judge to 2 23 the department. A temporary restricted permit is valid only 2 24 if the department is in receipt of records required by this 2 25 section. 2 26 EXPLANATION 2 27 Current law in section 321.209 requires the mandatory 2 28 revocation of a person's driver's license upon conviction for 2 29 a drug or drug-related offense for 180 days. To apply for a 2 30 temporary restricted permit the person must first apply to the 2 31 state department of transportation for a temporary restricted 2 32 license. The department is statutorily prohibited from 2 33 granting a temporary restricted license to a person whose 2 34 license was revoked under section 321.209, subsection 8. When 2 35 the person's application is denied, the person may apply to 3 1 the district court for a temporary restricted permit if the 3 2 person can show extreme hardship or compelling circumstances 3 3 where alternative means of transportation do not exist. The 3 4 temporary restricted permit allows the person to drive to and 3 5 from the person's home and specified places at specified times 3 6 which can be verified by the department if required by the 3 7 person's employment, health care, continuing education, 3 8 substance abuse treatment, or court-ordered community service 3 9 responsibilities. 3 10 This bill amends current law and allows a person whose 3 11 license was revoked for a drug or drug-related offense to 3 12 apply directly to the judge at the time of sentencing for a 3 13 temporary restricted permit if the commission of the offense 3 14 did not involve use of a motor vehicle. 3 15 LSB 1433XC 76 3 16 js/jj/8
Text: SSB00219 Text: SSB00221 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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