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Senate File 8

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.21, Code 1997, is amended to read
  1  2 as follows:
  1  3    321J.21  DRIVING WHILE LICENSE DENIED OR REVOKED.
  1  4    1.  A person whose motor vehicle license or nonresident
  1  5 operating privilege has been denied or revoked as provided in
  1  6 this chapter and who drives a motor vehicle upon the highways
  1  7 of this state while the license or privilege is denied or
  1  8 revoked commits a serious misdemeanor, punishable as a
  1  9 scheduled fine under section 805.8, subsection 2, paragraph
  1 10 "ad", except that, notwithstanding section 805.12, the clerk
  1 11 of the district court shall remit one-quarter of the fine to
  1 12 the law enforcement agency of the peace officer making the
  1 13 arrest.  If the court determines that the defendant is guilty
  1 14 of the offense but is unable to pay the fine, the court may
  1 15 alternatively sentence the defendant to perform forty hours of
  1 16 community service.
  1 17    2.  The In addition to the imposition of the fine or
  1 18 sentence of community service, the department, upon receiving
  1 19 the record of the conviction of a person under this section
  1 20 upon a charge of driving a motor vehicle while the license of
  1 21 the person was revoked or denied, shall extend the period of
  1 22 revocation or denial for an additional like period, and the
  1 23 department shall not issue a new license during the additional
  1 24 period.
  1 25    Sec. 2.  Section 805.8, subsection 2, Code 1997, is amended
  1 26 by adding the following new paragraph:
  1 27    NEW PARAGRAPH.  ad.  For violation of section 321J.21, the
  1 28 scheduled fine is one thousand dollars.  If the violation is
  1 29 admitted and section 805.9 applies, the violation shall be
  1 30 chargeable upon uniform citation and complaint, indictment, or
  1 31 county attorney's information.  If the violation is not
  1 32 admitted, the violation shall be chargeable only upon
  1 33 indictment or county attorney's information.  In either case,
  1 34 if the defendant is convicted, the conviction shall be of an
  1 35 indictable offense.  
  2  1                           EXPLANATION
  2  2    This bill provides for a scheduled fine of $1,000 for
  2  3 driving a motor vehicle when the defendant's license has been
  2  4 revoked or denied for operating a motor vehicle while
  2  5 intoxicated under chapter 321J.  If the court determines the
  2  6 defendant cannot afford to pay such a fine, the court may
  2  7 alternatively sentence the defendant to perform 40 hours of
  2  8 community service.  One-quarter of the fine amount shall be
  2  9 allocated by the court to the arresting entity.  Pursuant to
  2 10 Article 1, section 11, of the Iowa Constitution, because the
  2 11 fine is greater than $100, it must be treated as an indictable
  2 12 offense.  
  2 13 LSB 1107SS 77
  2 14 jls/sc/14.1
     
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