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Senate Study Bill 2037

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.12, subsection 4, Code Supplement
  1  2 1997, is amended by striking the subsection and inserting in
  1  3 lieu thereof the following:
  1  4    4.  Records pertaining to arrests or convictions and
  1  5 records pertaining to revocations for violations of chapter
  1  6 321J shall be deleted from the operating records twelve years
  1  7 after the date of conviction or the effective date of
  1  8 revocation, except that the director shall not destroy any
  1  9 operating records pertaining to arrests or convictions or
  1 10 revocations under chapter 321J unless all conditions of any
  1 11 court order have been satisfied and unless all conditions for
  1 12 reinstatement of a driver's license or nonresident operating
  1 13 privilege have been satisfied.
  1 14    Sec. 2.  Section 321J.4, subsections 2 and 4, Code
  1 15 Supplement 1997, are amended to read as follows:
  1 16    2.  If a defendant is convicted of a violation of section
  1 17 321J.2, and the defendant's motor vehicle license or
  1 18 nonresident operating privilege has not already been revoked
  1 19 under section 321J.9 or 321J.12 for the occurrence from which
  1 20 the arrest arose, the department shall revoke the defendant's
  1 21 motor vehicle license or nonresident operating privilege for
  1 22 two years if the defendant has had a previous conviction or
  1 23 revocation under this chapter.  The defendant shall not be
  1 24 eligible for any temporary restricted license for one year
  1 25 after the effective date of revocation.  The defendant shall
  1 26 be ordered to install an ignition interlock device devices of
  1 27 a type approved by the commissioner of public safety on all
  1 28 vehicles owned or operated by the defendant if the defendant
  1 29 seeks a temporary restricted license at the end of the minimum
  1 30 period of ineligibility.  A temporary restricted license shall
  1 31 not be granted by the department until the defendant installs
  1 32 the ignition interlock device devices.
  1 33    4.  Upon a plea or verdict of guilty of a third or
  1 34 subsequent violation of section 321J.2, the court shall order
  1 35 the department to revoke the defendant's motor vehicle license
  2  1 or nonresident operating privilege for a period of six years.
  2  2 The defendant shall not be eligible for a temporary restricted
  2  3 license for at least one year after the effective date of the
  2  4 revocation.  The court shall require the defendant to
  2  5 surrender to it all Iowa licenses or permits held by the
  2  6 defendant, which the court shall forward to the department
  2  7 with a copy of the order for revocation.  The defendant shall
  2  8 be ordered to install an ignition interlock device devices of
  2  9 a type approved by the commissioner of public safety on all
  2 10 vehicles owned or operated by the defendant if the defendant
  2 11 seeks a temporary restricted license at the end of the minimum
  2 12 period of ineligibility.  A temporary restricted license shall
  2 13 not be granted by the department until the defendant installs
  2 14 the ignition interlock device devices.
  2 15    Sec. 3.  Section 321J.25, subsection 4, Code Supplement
  2 16 1997, is amended by striking the subsection.  
  2 17                           EXPLANATION
  2 18    This bill contains various provisions relating to the
  2 19 operation of a motor vehicle while an individual is
  2 20 intoxicated.  It allows the department of transportation to
  2 21 retain records relating to arrests, convictions, and
  2 22 revocations until an individual has completed all court order
  2 23 requirements or other requirements for reinstatement of the
  2 24 license to operate a motor vehicle.  It provides language so
  2 25 that the requirement to install an ignition interlock device
  2 26 applies to all vehicles which are operated by a defendant, not
  2 27 just those owned by the defendant, when the defendant has
  2 28 completed the minimum period of revocation of license to
  2 29 operate a motor vehicle and the individual has sought a
  2 30 temporary restricted license.
  2 31    The bill also eliminates the requirement that the state
  2 32 department of transportation notify a juvenile of the benefits
  2 33 of attending a youthful offender substance abuse awareness
  2 34 program.  
  2 35 LSB 3430DP 77
  3  1 jm/jl/8
     

Text: SSB02036                          Text: SSB02038
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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