Text: HF02222 Text: HF02224 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321.215, subsection 2, unnumbered
1 2 paragraph 1, Code 1999, is amended to read as follows:
1 3 Upon conviction and the suspension or revocation of a
1 4 person's driver's license under section 321.209, subsection 5
1 5 or 6; section 321.210; 321.210A; or 321.513; or upon
1 6 revocation pursuant to a court order issued under section
1 7 901.5, subsection 10; or upon the denial of issuance of a
1 8 driver's license under section 321.560, based solely on
1 9 offenses enumerated in section 321.555, subsection 1,
1 10 paragraph "b" or "c", or section 321.555, subsection 2; or a
1 11 juvenile, whose license has been suspended or revoked pursuant
1 12 to a dispositional order under section 232.52, subsection 2,
1 13 paragraph "a", for a violation of chapter 124 or 453B, or
1 14 section 126.3, a person may petition the district court having
1 15 jurisdiction for the residence of the person for a temporary
1 16 restricted permit to operate a motor vehicle for the limited
1 17 purpose or purposes specified in subsection 1. The petition
1 18 shall include a current certified copy of the petitioner's
1 19 official driving record issued by the department. The
1 20 application may be granted only if all of the following
1 21 criteria are satisfied:
1 22 Sec. 2. Section 321.560, unnumbered paragraph 1, Code
1 23 1999, is amended to read as follows:
1 24 A license to operate a motor vehicle in this state shall
1 25 not be issued to any person declared to be a habitual offender
1 26 under section 321.555, subsection 1, for a period of not less
1 27 than two years nor more than six years from the date of the
1 28 final decision of the department under section 17A.19 or the
1 29 date on which the district court upholds the final decision of
1 30 the department, whichever occurs later. However, a temporary
1 31 restricted permit may be issued to a person declared to be a
1 32 habitual offender under section 321.555, subsection 1,
1 33 paragraph "b" or "c", or a combination thereof, pursuant to
1 34 section 321.215, subsection 2. A license to operate a motor
1 35 vehicle in this state shall not be issued to any person
2 1 declared to be a habitual offender under section 321.555,
2 2 subsection 2, for a period of one year from the date of the
2 3 final decision of the department under section 17A.19 or the
2 4 date on which the district court upholds the final decision of
2 5 the department, whichever occurs later. The department shall
2 6 adopt rules under chapter 17A which establish a point system
2 7 which shall be used to determine the period for which a person
2 8 who is declared to be a habitual offender under section
2 9 321.555, subsection 1, shall not be issued a license.
2 10 Sec. 3. Section 321J.4, subsection 9, unnumbered paragraph
2 11 1, Code Supplement 1999, is amended to read as follows:
2 12 A person whose driver's license has either been revoked
2 13 under this chapter, or revoked or suspended under chapter 321
2 14 solely for violations of this chapter, or who has been
2 15 determined to be a habitual offender under chapter 321 based
2 16 solely on violations of this chapter or based on violations of
2 17 this chapter and violations for driving while the person's
2 18 driver's license is suspended, denied, revoked, or barred, and
2 19 who is not eligible for a temporary restricted license under
2 20 this chapter may petition the court upon the expiration of the
2 21 minimum period of ineligibility for a temporary restricted
2 22 license provided for under this section or section 321J.9,
2 23 321J.12, or 321J.20 for an order to the department to require
2 24 the department to issue a temporary restricted license to the
2 25 person notwithstanding section 321.560. The petition shall
2 26 include a current certified copy of the petitioner's official
2 27 driving record issued by the department. Upon the filing of a
2 28 petition for a temporary restricted license under this
2 29 section, the clerk of the district court in the county where
2 30 the violation that resulted in the revocation occurred shall
2 31 send notice of the petition to the department and the
2 32 prosecuting attorney. The department and the prosecuting
2 33 attorney shall each be given an opportunity to respond to and
2 34 request a hearing on the petition. The court shall determine
2 35 if the temporary restricted license is necessary for the
3 1 person to maintain the person's present employment. However,
3 2 a temporary restricted license shall not be ordered or issued
3 3 for a violation of section 321J.2A or to a person under the
3 4 age of twenty-one whose license is revoked under this section
3 5 or section 321J.9 or 321J.12. If the court determines that
3 6 the temporary restricted license is necessary for the person
3 7 to maintain the person's present employment, and that the
3 8 minimum period of ineligibility for receipt of a temporary
3 9 license has expired, the court shall order the department to
3 10 issue to the person a temporary restricted license conditioned
3 11 upon the person's certification to the court of the
3 12 installation of approved ignition interlock devices in all
3 13 motor vehicles that it is necessary for the person to operate
3 14 to maintain the person's present employment. Section 321.561
3 15 does not apply to a person operating a motor vehicle in the
3 16 manner permitted under this subsection. If the person
3 17 operates a motor vehicle which does not have an approved
3 18 ignition interlock device or if the person tampers with or
3 19 circumvents an ignition interlock device, in addition to other
3 20 penalties provided, the person's temporary restricted license
3 21 shall be revoked. A person holding a temporary restricted
3 22 license issued under this subsection shall not operate a
3 23 commercial motor vehicle, as defined in section 321.1, on a
3 24 highway if a commercial driver's license is required for the
3 25 person to operate the commercial motor vehicle.
3 26 EXPLANATION
3 27 This bill amends provisions in Code sections 321.215,
3 28 321.560, and 321J.4 relating to temporary restricted drivers'
3 29 licenses to allow persons who have been determined to be
3 30 habitual offenders due to operating while under the influence
3 31 violations and violations for driving under suspension,
3 32 revocation, denial, or bar to obtain a temporary restricted
3 33 license for certain purposes once any period of ineligibility
3 34 for such a license has passed. Currently, persons who are
3 35 determined to be a habitual offender for operating while under
4 1 the influence violations and violations for driving under
4 2 suspension, revocation, denial, or bar are not eligible to
4 3 obtain a temporary restricted license, but persons determined
4 4 to be habitual offenders solely for operating while under the
4 5 influence violations or solely for violations for driving
4 6 under suspension, revocation, denial, or bar are eligible for
4 7 such licenses.
4 8 LSB 5980HH 78
4 9 nh/as/5
Text: HF02222 Text: HF02224 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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