Text: HF02090 Text: HF02092 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, subsection 3, Code Supplement 1 2 1999, is amended to read as follows: 1 3 3. a. A person who is under legal age, other than a 1 4 licensee or permittee, who violates this section regarding the 1 5 purchase of or attempt to purchase alcoholic liquor, wine, or 1 6 beer, or possessing or having control of alcoholic liquor, 1 7 wine, or beer, commits a simple misdemeanor punishable by a 1 8 fine of one hundred dollars for the first offense. 1 9 b. A second or subsequent offense shall be a simple 1 10 misdemeanor punishable by a fine of two hundred dollars and 1 11 the suspension of the person's motor vehicle operating 1 12 privileges for a period not to exceed one year. 1 13 c. A person who drives while the person's motor vehicle 1 14 operating privileges are suspended under paragraph "b" shall 1 15 be subject to the penalties in section 321.218. 1 16 d. The court may, in its discretion, order the person who 1 17 is under legal age to perform community service work under 1 18 section 909.3A, of an equivalent value to the fine imposed 1 19 under this section. However, if the person who commits the 1 20 violation of this section is under the age of eighteen, the 1 21 matter shall be disposed of in the manner provided in chapter 1 22 232. 1 23 Sec. 2. Section 321.218, subsections 1 and 3, Code 1 24 Supplement 1999, are amended to read as follows: 1 25 1. A person whose driver's license or operating privilege 1 26 has been denied, canceled, suspended, or revoked as provided 1 27 in this chapter,or as provided insection 252J.8, section 1 28 123.47, subsection 3, or section 901.5, subsection 10, and who 1 29 operates a motor vehicle upon the highways of this state while 1 30 the license or privilege is denied, canceled, suspended, or 1 31 revoked, commits a simple misdemeanor. In addition to any 1 32 other penalties, the punishment imposed for a violation of 1 33 this subsection shall include assessment of a fine of not less 1 34 than two hundred fifty dollars nor more than one thousand five 1 35 hundred dollars. 2 1 3. The department, upon receiving the record of the 2 2 conviction of a person under this section upon a charge of 2 3 operating a motor vehicle while the license of the person is 2 4 suspended or revoked, shall, except for licenses suspended 2 5 under section 123.47, 252J.8, section 321.210, subsection 1, 2 6 paragraph "c", section 321.210A, 321.210B, or 321.513, extend 2 7 the period of suspension or revocation for an additional like 2 8 period, and the department shall not issue a new driver's 2 9 license to the person during the additional period. 2 10 If the department receives a record of a conviction of a 2 11 person under this section but the person's driving record does 2 12 not indicate what the original grounds of suspension were, the 2 13 period of suspension under this subsection shall be for a 2 14 period not to exceed six months. 2 15 EXPLANATION 2 16 This bill provides that persons who have driving privileges 2 17 suspended for underage possession of alcohol under Code 2 18 section 123.47, and who then drive while their license is 2 19 suspended, shall be subject to simple misdemeanor charges 2 20 under Code section 321.218, including a mandatory assessment 2 21 of a fine of not less than $250 nor more than $1,500, in 2 22 addition to any other punishment imposed. A simple 2 23 misdemeanor is generally punishable by confinement for no more 2 24 than 30 days or a fine of at least $50 but not more than $500, 2 25 or both. The person's license shall not be subject to an 2 26 extension of the revocation by the state department of 2 27 transportation, however. 2 28 LSB 5311HH 78 2 29 jj/as/5
Text: HF02090 Text: HF02092 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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