Text: H08691 Text: H08693 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2511, as passed by the House, as 1 2 follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 123.46, Code 1999, is amended 1 6 by adding the following new subsection: 1 7 NEW SUBSECTION. 3A. a. A peace officer shall 1 8 make a reasonable effort to identify a person under 1 9 the age of eighteen who violates this section, and if 1 10 the person is not referred to juvenile court, the law 1 11 enforcement agency of which the peace officer is an 1 12 employee shall make a reasonable attempt to notify the 1 13 person's custodial parent or legal guardian of the 1 14 violation, whether or not the person is taken into 1 15 custody, unless the officer has reasonable grounds to 1 16 believe that notification is not in the best interests 1 17 of the person or will endanger that person. 1 18 b. The peace officer shall also make a reasonable 1 19 effort to identify the elementary or secondary school 1 20 which the person attends if the person is enrolled in 1 21 elementary or secondary school and to notify the 1 22 superintendent or the superintendent's designee of the 1 23 school which the person attends, or the authorities in 1 24 charge of the nonpublic school which the person 1 25 attends, of the violation. If the person is taken 1 26 into custody, the peace officer shall notify a 1 27 juvenile court officer who shall make a reasonable 1 28 effort to identify the elementary or secondary school 1 29 the person attends, if any, and to notify the 1 30 superintendent of the school district or the 1 31 superintendent's designee, or the authorities in 1 32 charge of the nonpublic school, of the violation. A 1 33 reasonable attempt to notify the person includes, but 1 34 is not limited to, a telephone call or notice by 1 35 first-class mail. 1 36 Sec. 2. Section 321.560, Code 1999, is amended to 1 37 read as follows: 1 38 321.560 PERIOD OF REVOCATION. 1 39 1. A license to operate a motor vehicle in this 1 40 state shall not be issued to any person declared to be 1 41 a habitual offender under section 321.555, subsection 1 42 1, for a period of not less than two years nor more 1 43 than six years from the date of the final decision of 1 44 the department under section 17A.19 or the date on 1 45 which the district court upholds the final decision of 1 46 the department, whichever occurs later. 1 47 a.However, aA temporary restricted permit may be 1 48 issued pursuant to section 321.215, subsection 2, to a 1 49 person declared to be a habitual offender under 1 50 section 321.555, subsection 1, paragraph "c", pursuant2 1to section 321.215, subsection 2. 2 2 b. A temporary restricted permit may be issued 2 3 pursuant to section 321J.4, subsection 9, to a person 2 4 declared to be a habitual offender due to a 2 5 combination of the offenses listed under section 2 6 321.555, subsection 1, paragraph "b" or "c". 2 7 2. A license to operate a motor vehicle in this 2 8 state shall not be issued to any person declared to be 2 9 a habitual offender under section 321.555, subsection 2 10 2, for a period of one year from the date of the final 2 11 decision of the department under section 17A.19 or the 2 12 date on which the district court upholds the final 2 13 decision of the department, whichever occurs later. 2 14 3. The department shall adopt rules under chapter 2 15 17Awhichthat establish a point system which shall be 2 16 used to determine the period for which a person who is 2 17 declared to be a habitual offender under section 2 18 321.555, subsection 1, shall not be issued a license. 2 19 4. A person who is determined to be a habitual 2 20 offender while the person's license is already revoked 2 21 for being a habitual offender under section 321.555 2 22 shall not be issued a license to operate a motor 2 23 vehicle in this state for a period of not less than 2 24 two years nor more than six years. The revocation 2 25 period may commence either on the date of the final 2 26 decision of the department under section 17A.19 or the 2 27 date on which the district court upholds the final 2 28 decision of the department, whichever occurs later, or 2 29 on the date the previous revocation expires. 2 30 Sec. 3. Section 321J.4, subsection 9, Code 2 31 Supplement 1999, is amended to read as follows: 2 32 9. a. A person whose driver's license has either 2 33 been revoked under this chapter, or revoked or 2 34 suspended under chapter 321 solely for violations of 2 35 this chapter, or who has been determined to be a 2 36 habitual offender under chapter 321 based solely on 2 37 violations of this chapter or on violations listed in 2 38 section 321.560, subsection 1, paragraph "b", and who 2 39 is not eligible for a temporary restricted license 2 40 under this chapter may petition the court upon the 2 41 expiration of the minimum period of ineligibility for 2 42 a temporary restricted license provided for under this 2 43 section,orsection 321J.9, 321J.12,or321J.20, or 2 44 321.560, for an order to the department to require the 2 45 department to issue a temporary restricted license to 2 46 the person notwithstanding section 321.560. 2 47 b. The petition shall include a current certified 2 48 copy of the petitioner's official driving record 2 49 issued by the department. 2 50 c. Upon the filing of a petition for a temporary 3 1 restricted license under this section, the clerk of 3 2 the district court in the county where the violation 3 3 that resulted in the revocation occurred shall send 3 4 notice of the petition to the department and the 3 5 prosecuting attorney. The department and the 3 6 prosecuting attorney shall each be given an 3 7 opportunity to respond to and request a hearing on the 3 8 petition. 3 9 d. The court shall determine if the temporary 3 10 restricted license is necessary for the person to 3 11 maintain the person's present employment. However, a 3 12 temporary restricted license shall not be ordered or 3 13 issued for a violation of section 321J.2A or to a 3 14 person under the age of twenty-one whose license is 3 15 revoked under this section or section 321J.9 or 3 16 321J.12. If the court determines that the temporary 3 17 restricted license is necessary for the person to 3 18 maintain the person's present employment, and that the 3 19 minimum period of ineligibility for receipt of a 3 20 temporary license has expired, the court shall order 3 21 the department to issue to the person a temporary 3 22 restricted license conditioned upon the person's 3 23 certification to the court of the installation of 3 24 approved ignition interlock devices in all motor 3 25 vehicles that it is necessary for the person to 3 26 operate to maintain the person's present employment. 3 27 e. Section 321.561 does not apply to a person 3 28 operating a motor vehicle in the manner permitted 3 29 under this subsection. 3 30 f. If the person operates a motor vehicle which 3 31 does not have an approved ignition interlock device or 3 32 if the person tampers with or circumvents an ignition 3 33 interlock device, in addition to other penalties 3 34 provided, the person's temporary restricted license 3 35 shall be revoked. 3 36 g. A person holding a temporary restricted license 3 37 issued under this subsection shall not operate a 3 38 commercial motor vehicle, as defined in section 321.1, 3 39 on a highway if a commercial driver's license is 3 40 required for the person to operate the commercial 3 41 motor vehicle. 3 42 h. Notwithstanding any provision of this chapter 3 43 to the contrary, the court may order the department to 3 44 issue a temporary restricted license to a person 3 45 otherwise eligible for a temporary restricted license 3 46 under this subsection, whose period of revocation 3 47 under this chapter has expired, but who has not met 3 48 all requirements for reinstatement of the person's 3 49 driver's license or nonresident operating privileges. 3 50 Sec. 4. NEW SECTION. 321J.2B PARENTAL AND SCHOOL 4 1 NOTIFICATION – PERSONS UNDER EIGHTEEN YEARS OF AGE. 4 2 1. A peace officer shall make a reasonable effort 4 3 to identify a person under the age of eighteen who 4 4 violates section 321J.2 or 321J.2A, and if the person 4 5 is not referred to juvenile court, the law enforcement 4 6 agency of which the peace officer is an employee shall 4 7 make a reasonable attempt to notify the person's 4 8 custodial parent or legal guardian of the violation, 4 9 whether or not the person is taken into custody, 4 10 unless the officer has reasonable grounds to believe 4 11 that notification is not in the best interests of the 4 12 person or will endanger that person. 4 13 2. The peace officer shall also make a reasonable 4 14 effort to identify the elementary or secondary school 4 15 which the person attends if the person is enrolled in 4 16 elementary or secondary school and to notify the 4 17 superintendent or the superintendent's designee of the 4 18 school which the person attends, or the authorities in 4 19 charge of the nonpublic school which the person 4 20 attends, of the violation. If the person is taken 4 21 into custody, the peace officer shall notify a 4 22 juvenile court officer who shall make a reasonable 4 23 effort to identify the elementary or secondary school 4 24 the person attends, if any, and to notify the 4 25 superintendent of the school district or the 4 26 superintendent's designee, or the authorities in 4 27 charge of the nonpublic school, of the violation. A 4 28 reasonable attempt to notify the person includes, but 4 29 is not limited to, a telephone call or notice by 4 30 first-class mail. 4 31 Sec. 5. Section 321J.22, subsections 2, 4, and 5, 4 32 Code 1999, are amended to read as follows: 4 33 2. a. The course provided according to this 4 34 section shall be offered on a regular basis at each 4 35 community college as defined in section 260C.2, or by 4 36 substance abuse treatment programs licensed under 4 37 chapter 125. However, a community college shall not 4 38 be required to offer the course if a substance abuse 4 39 treatment program licensed under chapter 125 offers 4 40 the course within the merged area served by the 4 41 community college. 4 42 b. Enrollment in the courses is not limited to 4 43 persons ordered to enroll, attend, and successfully 4 44 complete the course required under sections 321J.2 and 4 45 321J.17, subsection 2. However, any person under age 4 46 eighteen who is required to attend the courses for 4 47 violation of section 321J.2 or 321J.17 must attend a 4 48 course offered by a substance abuse treatment program 4 49 licensed under chapter 125. 4 50 c. The course required by this section shall be: 5 1taught5 2 (1) Taught bythea communitycollegescollege 5 3 under the supervision of the department of education 5 4and approvedor by a substance abuse treatment program 5 5 licensed under chapter 125. 5 6 (2) Approved by the department of education, in 5 7 consultation with the community colleges and substance 5 8 abuse treatment programs licensed under chapter 125. 5 9 d. The department of education shall establish 5 10 reasonable fees to defray the expense of obtaining 5 11 classroom space, instructor salaries, and class 5 12 materials for courses offered both by community 5 13 colleges and by substance abuse treatment programs 5 14 licensed under chapter 125. 5 15 e. A person shall not be denied enrollment in a 5 16 course by reason of the person's indigency. 5 17 4. The department of education and substance abuse 5 18 treatment programs licensed under chapter 125 shall 5 19 prepare for their respective courses a list of the 5 20 locations of the courses taught under this section, 5 21 the dates and times taught, the procedure for 5 22 enrollment, and the schedule of course fees. The list 5 23 shall be kept current and a copy of the list shall be 5 24 sent to each court having jurisdiction over offenses 5 25 provided in this chapter. 5 26 5. The department of education and substance abuse 5 27 treatment programs licensed under chapter 125 shall 5 28 maintain enrollment, attendance, successful and 5 29 nonsuccessful completion data for their respective 5 30 courses on the persons ordered to enroll, attend, and 5 31 successfully complete a course for drinking drivers. 5 32 This data shall be forwarded to the court by both the 5 33 department of education and substance abuse treatment 5 34 programs licensed under chapter 125." 5 35 #2. Title page, by striking lines 1 through 6 and 5 36 inserting the following: "An Act relating to drinking 5 37 driver restrictions by providing for the issuance of 5 38 temporary restricted permits or licenses under certain 5 39 circumstances, by providing that the course for 5 40 drinking drivers shall be taught by community colleges 5 41 or licensed substance abuse programs, and by providing 5 42 for parental and school notification of certain 5 43 violations by persons under eighteen years of age." 5 44 HF 2511S 5 45 vl/cc/26
Text: H08691 Text: H08693 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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