Text: HF02393 Text: HF02395 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2394
1 2
1 3 AN ACT
1 4 PROVIDING FOR SERVICE OF ONE HUNDRED PERCENT OF THE MAXIMUM
1 5 SENTENCE BY AND THE SUSPENSION OF A DRIVER'S LICENSE OF
1 6 A PERSON CHARGED WITH HOMICIDE BY VEHICLE.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. NEW SECTION. 321.210C VEHICULAR HOMICIDE
1 11 SUSPENSION – TERMINATION UPON REVOCATION OF LICENSE –
1 12 REOPENING OF SUSPENSION.
1 13 1. If a trial information or indictment is filed charging
1 14 a person with the offense of homicide by vehicle under section
1 15 707.6A, subsection 1 or 2, the clerk of the district court
1 16 shall, upon the filing of the information or indictment,
1 17 forward notice to the department including the name and
1 18 address of the party charged, the registration number of the
1 19 vehicle involved, if known, the nature of the offense, and the
1 20 date of the filing of the indictment or information.
1 21 2. Upon receiving notice from the clerk of the district
1 22 court that an indictment or information has been filed
1 23 charging an operator with homicide by vehicle under section
1 24 707.6A, subsection 1, and if the person's license has not
1 25 previously been suspended under chapter 321J, or under section
1 26 707.6A, subsection 2, the department shall notify the person
1 27 that the person's motor vehicle license will be suspended
1 28 effective ten days from the date of issuance of the notice.
1 29 The department shall adopt rules relating to the suspension of
1 30 the license of an operator pursuant to this section which
1 31 shall include, but are not limited to, procedures for the
1 32 surrender of the person's license to the department upon the
1 33 effective date of the suspension.
1 34 3. If a person whose motor vehicle license has been
1 35 suspended pursuant to this section is not convicted of the
2 1 charge of homicide by vehicle under section 707.6A, subsection
2 2 1 or 2, upon record entry of disposition of the charge, the
2 3 clerk of the district court shall forward a notice including
2 4 the name and address of the party charged, the registration
2 5 number of the vehicle involved, the nature of the offense
2 6 charged by indictment or information, the date of the filing
2 7 of the indictment or information, and of the disposition of
2 8 the charge to the department. Upon receipt of the notice from
2 9 the clerk, the department shall automatically rescind the
2 10 suspension and reinstate the person's motor vehicle license
2 11 without payment of any charge or penalty.
2 12 4. Upon receiving a record of conviction under section
2 13 321.206, for a violation of section 707.6A, subsection 1 or 2,
2 14 and upon revocation of the person's license or operating
2 15 privileges under section 321.209, the suspension under
2 16 subsection 2 shall automatically terminate in favor of the
2 17 revocation.
2 18 Sec. 2. Section 321A.17, Code 1997, is amended by adding
2 19 the following new subsection:
2 20 NEW SUBSECTION. 7. This section does not apply to an
2 21 individual whose administrative license suspension under
2 22 section 321.210C has been rescinded and who is otherwise under
2 23 no obligation to furnish proof of financial responsibility.
2 24 Sec. 3. Section 902.12, Code 1997, is amended by adding
2 25 the following new unnumbered paragraph:
2 26 NEW UNNUMBERED PARAGRAPH. Except as otherwise provided in
2 27 section 903A.2, a person serving a sentence for conviction
2 28 under section 707.6A, subsection 1 or 2, shall serve one
2 29 hundred percent of the maximum term of the person's sentence
2 30 and shall not be released on parole or work release, if the
2 31 person was also convicted under section 321.261, subsection 3,
2 32 based on the same facts or event that resulted in the
2 33 conviction under section 707.6A, subsection 1 or 2.
2 34
2 35
3 1
3 2 RON J. CORBETT
3 3 Speaker of the House
3 4
3 5
3 6
3 7 MARY E. KRAMER
3 8 President of the Senate
3 9
3 10 I hereby certify that this bill originated in the House and
3 11 is known as House File 2394, Seventy-seventh General Assembly.
3 12
3 13
3 14
3 15 ELIZABETH ISAACSON
3 16 Chief Clerk of the House
3 17 Approved , 1998
3 18
3 19
3 20
3 21 TERRY E. BRANSTAD
3 22 Governor
Text: HF02393 Text: HF02395 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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