Text: SF02166 Text: SF02168 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.21, Code Supplement 1997, is 1 2 amended to read as follows: 1 3 321J.21 DRIVING WHILE LICENSE SUSPENDED, DENIED, REVOKED, 1 4 OR BARRED. 1 5 1. A person whose motor vehicle license or nonresident 1 6 operating privilege has been suspended, denied, revoked, or 1 7 barred due to a violation of this chapter and who drives a 1 8 motor vehicle while the license or privilege is suspended, 1 9 denied, revoked, or barred commits a serious misdemeanor, 1 10 punishable with amandatoryscheduled fineof one thousand1 11dollarsas provided in section 805.8, subsection 2, paragraph 1 12 "ai". If the court determines that the defendant is guilty of 1 13 the offense but is unable to pay the fine, the court may order 1 14 the defendant to perform unpaid community service pursuant to 1 15 section 909.3A. 1 16 2. In addition to the fine or the sentence of community 1 17 service, the department, upon receiving the record of the 1 18 conviction of a person under this section upon a charge of 1 19 driving a motor vehicle while the license of the person was 1 20 suspended, denied, revoked, or barred shall extend the period 1 21 of suspension, denial, revocation, or bar for an additional 1 22 like period, and the department shall not issue a new license 1 23 during the additional period. 1 24 3. Notwithstanding sections 602.8106 and 805.12, the clerk 1 25 of court shall remit one-quarter of the fine paid for a 1 26 violation of this section to the law enforcement agency of the 1 27 peace officer making the arrest. 1 28 Sec. 2. Section 805.6, subsection 2, Code 1997, is amended 1 29 to read as follows: 1 30 2. In addition to those violations which are required by 1 31 subsection 1 to be charged upon a uniform citation and 1 32 complaint, a violation of chapter 321 which is punishable as a 1 33 simple, serious, or aggravated misdemeanor or a violation of 1 34 section 321J.21 may be charged upon a uniform citation and 1 35 complaint, whether or not the alleged offender is arrested by 2 1 the officer making the charge. 2 2 Sec. 3. Section 805.8, subsection 2, Code Supplement 1997, 2 3 is amended by adding the following new subsection: 2 4 NEW SUBSECTION. ai. For a violation of section 321J.21, 2 5 regarding driving while a license is suspended, denied, 2 6 revoked, or barred for a violation of chapter 321J, the 2 7 scheduled fine is one thousand dollars, chargeable as follows: 2 8 (1) If the violation is admitted and section 805.9 2 9 applies, the violation shall be chargeable upon a uniform 2 10 citation and complaint, indictment, or county attorney's 2 11 information. A resulting conviction shall be considered to be 2 12 of an indictable offense, notwithstanding the fact that the 2 13 violation may have been charged upon a uniform citation and 2 14 complaint, and the procedures of section 805.9 applied. 2 15 (2) If the violation is not admitted, the violation shall 2 16 be chargeable only upon indictment or county attorney's 2 17 information. A resulting conviction shall be of an indictable 2 18 offense. 2 19 EXPLANATION 2 20 This bill provides for the current fine of $1,000 for a 2 21 violation of Code section 321J.21, regarding driving while a 2 22 license is suspended, denied, revoked, or barred for an 2 23 operating while intoxicated (OWI) violation of chapter 321J, 2 24 to be treated as a scheduled fine under Code section 805.8. 2 25 One-quarter of such a fine shall be allocated by the court to 2 26 the arresting entity. 2 27 If a court determines that the defendant cannot afford to 2 28 pay such a fine, the court may sentence the defendant to 2 29 perform community service pursuant to Code section 909.3A. 2 30 Because the fine is greater than $100, it must be treated 2 31 as an indictable offense, pursuant to Article 1, section 11 of 2 32 the Iowa Constitution. 2 33 Related changes are made to Code sections 805.6 and 805.8. 2 34 LSB 3895SS 77 2 35 jls/sc/14
Text: SF02166 Text: SF02168 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Feb 20 03:40:03 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02100/SF02167/980210.html
jhf