Text: H08615 Text: H08617 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8363, to Senate File 2245, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by inserting after line 7 the 1 5 following: 1 6 "# . Page 3, by inserting after line 18 the 1 7 following: 1 8 "Sec. . Section 321.560, Code 1999, is amended 1 9 to read as follows: 1 10 321.560 PERIOD OF REVOCATION. 1 11 1. A license to operate a motor vehicle in this 1 12 state shall not be issued to any person declared to be 1 13 a habitual offender under section 321.555, subsection 1 14 1, for a period of not less than two years nor more 1 15 than six years from the date of the final decision of 1 16 the department under section 17A.19 or the date on 1 17 which the district court upholds the final decision of 1 18 the department, whichever occurs later. 1 19 a.However, aA temporary restricted permit may be 1 20 issued to a person declared to be a habitual offender 1 21 under section 321.555, subsection 1, paragraph "c", 1 22 pursuant to section 321.215, subsection 2. 1 23 b. A temporary restricted permit may be issued 1 24 pursuant to section 321J.4, subsection 9, to a person 1 25 declared to be a habitual offender in whole or in part 1 26 due to an offense listed under section 321.555, 1 27 subsection 1, paragraph "b". However, the person 1 28 shall not be eligible for any temporary restricted 1 29 license for one year after the effective date of 1 30 revocation under this section. 1 31 2. A license to operate a motor vehicle in this 1 32 state shall not be issued to any person declared to be 1 33 a habitual offender under section 321.555, subsection 1 34 2, for a period of one year from the date of the final 1 35 decision of the department under section 17A.19 or the 1 36 date on which the district court upholds the final 1 37 decision of the department, whichever occurs later. 1 38 3. The department shall adopt rules under chapter 1 39 17Awhichthat establish a point system which shall be 1 40 used to determine the period for which a person who is 1 41 declared to be a habitual offender under section 1 42 321.555, subsection 1, shall not be issued a license. 1 43 4. A person who is determined to be a habitual 1 44 offender while the person's license is already revoked 1 45 for being a habitual offender under section 321.555 1 46 shall not be issued a license to operate a motor 1 47 vehicle in this state for a period of not less than 1 48 two years nor more than six years. The revocation 1 49 period may commence either on the date of the final 1 50 decision of the department under section 17A.19 or the 2 1 date on which the district court upholds the final 2 2 decision of the department, whichever occurs later, or 2 3 on the date the previous revocation expires. 2 4 Sec. . Section 321J.4, subsection 9, Code 2 5 Supplement 1999, is amended to read as follows: 2 6 9. a. A person whose driver's license has either 2 7 been revoked under this chapter, or revoked or 2 8 suspended under chapter 321 solely for violations of 2 9 this chapter, or who has been determined to be a 2 10 habitual offender under chapter 321 based solely or 2 11 partially on violations of this chapter, and who is 2 12 not eligible for a temporary restricted license under 2 13 this chapter may petition the court upon the 2 14 expiration of the minimum period of ineligibility for 2 15 a temporary restricted license provided for under this 2 16 section,orsection 321J.9, 321J.12,or321J.20, or 2 17 321.560, for an order to the department to require the 2 18 department to issue a temporary restricted license to 2 19 the person notwithstanding section 321.560. 2 20 b. The petition shall include a current certified 2 21 copy of the petitioner's official driving record 2 22 issued by the department. 2 23 c. Upon the filing of a petition for a temporary 2 24 restricted license under this section, the clerk of 2 25 the district court in the county where the violation 2 26 that resulted in the revocation occurred shall send 2 27 notice of the petition to the department and the 2 28 prosecuting attorney. The department and the 2 29 prosecuting attorney shall each be given an 2 30 opportunity to respond to and request a hearing on the 2 31 petition. 2 32 d. The court shall determine if the temporary 2 33 restricted license is necessary for the person to 2 34 maintain the person's present employment. However, a 2 35 temporary restricted license shall not be ordered or 2 36 issued for a violation of section 321J.2A or to a 2 37 person under the age of twenty-one whose license is 2 38 revoked under this section or section 321J.9 or 2 39 321J.12. If the court determines that the temporary 2 40 restricted license is necessary for the person to 2 41 maintain the person's present employment, and that the 2 42 minimum period of ineligibility for receipt of a 2 43 temporary license has expired, the court shall order 2 44 the department to issue to the person a temporary 2 45 restricted license conditioned upon the person's 2 46 certification to the court of the installation of 2 47 approved ignition interlock devices in all motor 2 48 vehicles that it is necessary for the person to 2 49 operate to maintain the person's present employment. 2 50 e. Section 321.561 does not apply to a person 3 1 operating a motor vehicle in the manner permitted 3 2 under this subsection. 3 3 f. If the person operates a motor vehicle which 3 4 does not have an approved ignition interlock device or 3 5 if the person tampers with or circumvents an ignition 3 6 interlock device, in addition to other penalties 3 7 provided, the person's temporary restricted license 3 8 shall be revoked. 3 9 g. A person holding a temporary restricted license 3 10 issued under this subsection shall not operate a 3 11 commercial motor vehicle, as defined in section 321.1, 3 12 on a highway if a commercial driver's license is 3 13 required for the person to operate the commercial 3 14 motor vehicle. 3 15 h. Notwithstanding any provision of this chapter 3 16 to the contrary, the court may order the department to 3 17 issue a temporary restricted license to a person 3 18 otherwise eligible for a temporary restricted license 3 19 under this subsection, whose period of revocation 3 20 under this chapter has expired, but who has not met 3 21 all requirements for reinstatement of the person's 3 22 driver's license or nonresident operating 3 23 privileges."" 3 24 #2. Page 1, by inserting after line 10 the 3 25 following: 3 26 "# . Title page, lines 1 and 2, by striking the 3 27 words "ordinances and to" and inserting the following: 3 28 "ordinances,". 3 29 # . Title page, line 2, by inserting after the 3 30 word "violations" the following: ", and to temporary 3 31 restricted licenses"."" 3 32 #3. By renumbering as necessary. 3 33 3 34 3 35 3 36 MAY of Worth 3 37 3 38 3 39 3 40 BLODGETT of Cerro Gordo 3 41 SF 2245.205 78 3 42 jm/gg
Text: H08615 Text: H08617 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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