Text: H08332                            Text: H08334
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8333

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8279, to House File 2394, as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 2 through 25 and
  1  4 inserting the following:
  1  5    "#   .  Page 1, by striking lines 1 through 18.
  1  6    #   .  Page 1, by inserting after line 21 the
  1  7 following:
  1  8    "1.  If a trial information or indictment is filed
  1  9 charging a person with the offense of homicide by
  1 10 vehicle under section 707.6A, subsection 1, and the
  1 11 person's license has not previously been suspended
  1 12 under chapter 321J, or under section 707.6A,
  1 13 subsection 2, the clerk of the district court shall,
  1 14 upon the filing of the information or indictment,
  1 15 forward notice to the department including the name
  1 16 and address of the party charged, the registration
  1 17 number of the vehicle involved, the nature of the
  1 18 offense, and the date of the filing of the indictment
  1 19 or information."
  1 20    #   .  By striking page 1, line 22, through page 2,
  1 21 line 16 and inserting the following:
  1 22    "2.  Upon receiving notice from the clerk of the
  1 23 district court that an indictment or information has
  1 24 been filed charging an operator with homicide by
  1 25 vehicle under section 707.6A, subsection 1 or 2, the
  1 26 department shall notify the person that the person's
  1 27 motor vehicle license will be suspended effective ten
  1 28 days from the date of issuance of the notice.  The
  1 29 department shall adopt rules relating to the
  1 30 suspension of the license of an operator pursuant to
  1 31 this section which shall include, but are not limited
  1 32 to, procedures for the surrender of the person's
  1 33 license to the department upon the effective date of
  1 34 the suspension.
  1 35    3.  If a person whose motor vehicle license has
  1 36 been suspended pursuant to this section is not
  1 37 convicted of the charge of homicide by vehicle under
  1 38 section 707.6A, subsection 1 or 2, upon record entry
  1 39 of disposition of the charge, the clerk of the
  1 40 district court shall forward a notice including the
  1 41 name and address of the party charged, the
  1 42 registration number of the vehicle involved, the
  1 43 nature of the offense charged by indictment or
  1 44 information, the date of the filing of the indictment
  1 45 or information, and of the disposition of the charge
  1 46 to the department.  Upon receipt of the notice from
  1 47 the clerk, the department shall automatically rescind
  1 48 the suspension and reinstate the person's motor
  1 49 vehicle license without payment of any charge or
  1 50 penalty."
  2  1    #   .  Page 2, line 17, by striking the figure "3."
  2  2 and inserting the following:  "4."
  2  3    #   .  Page 2, lines 18 and 19, by striking the
  2  4 words and figures "1, paragraph "b" or "c"" and
  2  5 inserting the following:  "1 or 2".
  2  6    #   .  Page 2, line 21, by striking the figure "1"
  2  7 and inserting the following:  "2".
  2  8    #   .  By striking page 2, line 23, through page 4,
  2  9 line 10.
  2 10    #   .  Page 4, by inserting after line 16 the
  2 11 following:
  2 12    "Sec. ___.  Section 902.12, Code 1997, is amended
  2 13 by adding the following new unnumbered paragraph:
  2 14    NEW UNNUMBERED PARAGRAPH.  Except as otherwise
  2 15 provided in section 903A.2, a person serving a
  2 16 sentence for conviction under section 707.6A,
  2 17 subsection 1 or 2, shall serve one hundred percent of
  2 18 the maximum term of the person's sentence and shall
  2 19 not be released on parole or work release, if the
  2 20 person was also convicted under section 321.261,
  2 21 subsection 3, based on the same facts or event that
  2 22 resulted in the conviction under section 707.6A,
  2 23 subsection 1 or 2."
  2 24    #   .  Title page, line 1, by striking the words
  2 25 "an immediate" and inserting the following:  "service
  2 26 of one hundred percent of the maximum sentence by and
  2 27 the".
  2 28    #   .  By numbering and renumbering as necessary." 
  2 29 
  2 30 
  2 31                               
  2 32 LARSON of Linn 
  2 33 
  2 34 
  2 35                               
  2 36 HUSER of Polk 
  2 37 
  2 38 
  2 39                               
  2 40 KREIMAN of Davis 
  2 41 CHIODO of Polk 
  2 42 HF 2394.303 77
  2 43 lh/cf/28
     

Text: H08332                            Text: H08334
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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