Text: SF00236 Text: SF00238 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.3, Code 1997, is amended to read 1 2 as follows: 1 3 453A.3 PENALTY. 1 4 1. A person who violates section 453A.2, subsection 1, or 1 5 section 453A.39 is guilty of a simple misdemeanor. 1 6 2. A person who violates section 453A.2, subsection 2, for 1 7 whom the violation is a first offense, shall pay a civil 1 8 penalty pursuant to section 805.8, subsection 11. Failure to 1 9 pay the civil penalty imposed for a violation of section 1 10 453A.2, subsection 2, is a simple misdemeanor punishable as a 1 11 scheduled violation under section 805.8, subsection 11. 1 12 Notwithstanding section 602.8106 or any other provision to the 1 13 contrary, any civil penalty or fine paid under this subsection 1 14 shall be retained by the city or county enforcing the 1 15 violation. 1 16 3. A person who violates section 453A.2, subsection 2, for 1 17 whom the violation is a second or subsequent offense is 1 18 subject to the following: 1 19 a. For a second offense, the motor vehicle license of the 1 20 person shall be suspended by the state department of 1 21 transportation for a period of sixty days or if the person 1 22 does not possess a motor vehicle license, the person shall 1 23 perform fifty hours of court-ordered, unpaid, community 1 24 service. 1 25 b. For a third or subsequent offense, the motor vehicle 1 26 license of the person shall be suspended by the state 1 27 department of transportation for a period of one year or if 1 28 the person does not possess a motor vehicle license, the 1 29 person shall perform one hundred hours of court-ordered, 1 30 unpaid, community service. 1 31 The clerk of the district court shall forward a copy of the 1 32 order suspending the motor vehicle license of the person to 1 33 the state department of transportation. The state department 1 34 of transportation shall suspend the license of the person for 1 35 the period prescribed in the order. The state department of 2 1 transportation shall establish procedures by rule for 2 2 suspending the motor vehicle license of the person and for 2 3 issuing to the person a temporary restricted license under 2 4 section 321.215, as if the suspension was ordered under 2 5 chapter 321. 2 6 The state department of transportation shall, on 2 7 application, issue a temporary restricted license to a person 2 8 whose motor vehicle license is suspended under this subsection 2 9 allowing the person to drive to and from the person's home and 2 10 specified places at specified times which can be verified by 2 11 the department and which are required by the person's full- 2 12 time or part-time employment, continuing health care or the 2 13 continuing health care of another who is dependent upon the 2 14 person, continuing education while enrolled in an educational 2 15 institution on a part-time or full-time basis and while 2 16 pursuing a course of study leading to a diploma, degree, or 2 17 other certification of successful educational completion, 2 18 substance abuse treatment, or court-ordered community service 2 19 responsibilities. 2 20 A person for whom a motor vehicle license is suspended 2 21 under this section is not subject to chapter 321A and the 2 22 suspension shall not be grounds for determination of risk, 2 23 rates, or premiums in any policy of insurance issued to or for 2 24 the person. 2 25 Sec. 2. Section 805.8, subsection 11, Code 1997, is 2 26 amended to read as follows: 2 27 11. SMOKING VIOLATIONS. 2 28 a. For violations of section 142B.6or 453A.2, subsection2 292, the scheduled fine is twenty-five dollars, and is a civil 2 30 penalty, and the criminal penalty surcharge under section 2 31 911.2 shall not be added to the penalty, and the court costs 2 32 pursuant to section 805.9, subsection 6, shall not be imposed. 2 33 If the civil penalty assessed for a violation of section 2 34 142B.6 is not paid in a timely manner, a citation shall be 2 35 issued for the violation in the manner provided in section 3 1 804.1. However, a person under age eighteen shall not be 3 2 detained in a secure facility for failure to pay the civil 3 3 penalty. The complainant shall not be charged a filing fee. 3 4 b. For violations of section 453A.2, subsection 2, the 3 5 scheduled fine is one hundred dollars, and is a civil penalty, 3 6 and the criminal penalty surcharge under section 911.2 shall 3 7 not be added to the penalty, and the court costs pursuant to 3 8 section 805.9, subsection 6, shall not be imposed. 3 9 For failing to pay the civil penalty under section 453A.2, 3 10 subsection 1, the scheduled fine is twenty-five dollars and 3 11 under section 453A.2, subsection 2, the scheduled fine is one 3 12 hundred dollars. Failure to pay the scheduled fine shall not 3 13 result in the person being detained in a secure facility. The 3 14 complainant shall not be charged a filing fee. 3 15 EXPLANATION 3 16 This bill changes the penalty for smoking, using, 3 17 possessing, purchasing, or attempting to purchase tobacco, 3 18 tobacco products, or cigarettes by a person under eighteen 3 19 years of age from a scheduled fine of $25 to a three-tiered 3 20 penalty. For a first offense the person is subject to a civil 3 21 penalty of $100. Any civil penalty or fine paid is to be 3 22 retained by the city or county enforcing the violation. For a 3 23 second offense the person is subject to suspension of the 3 24 person's motor vehicle license for 60 days or, if the person 3 25 does not possess a motor vehicle license, to 50 hours of 3 26 community service. For a third or subsequent offense, the 3 27 person is subject to suspension of the person's motor vehicle 3 28 license for one year or, if the person does not possess a 3 29 motor vehicle license, to 100 hours of community service. The 3 30 bill also provides for the issuance of a temporary restricted 3 31 license to a person for whom a license is suspended for 3 32 certain activities, including employment and education-related 3 33 activities and provides that suspension of a person's license 3 34 does not make the person subject to the chapter relating to 3 35 motor vehicle financial responsibility and is not grounds for 4 1 the determination of risk, rates, or premiums in any insurance 4 2 policy issued to or for the person. 4 3 LSB 2309XS 77 4 4 pf/sc/14.2
Text: SF00236 Text: SF00238 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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