Text: HF02480 Text: HF02482 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.560, Code 1999, is amended to read 1 2 as follows: 1 3 321.560 PERIOD OF REVOCATION. 1 4 1. A license to operate a motor vehicle in this state 1 5 shall not be issued to any person declared to be a habitual 1 6 offender under section 321.555, subsection 1, for a period of 1 7 not less than two years nor more than six years from the date 1 8 of the final decision of the department under section 17A.19 1 9 or the date on which the district court upholds the final 1 10 decision of the department, whichever occurs later. 1 11 a.However, aA temporary restricted permit may be issued 1 12 to a person declared to be a habitual offender under section 1 13 321.555, subsection 1, paragraph "c", pursuant to section 1 14 321.215, subsection 2. 1 15 b. A temporary restricted permit may be issued pursuant to 1 16 section 321J.4, subsection 9, to a person declared to be a 1 17 habitual offender in whole or in part due to an offense listed 1 18 under section 321.555, subsection 1, paragraph "b". However, 1 19 the person shall not be eligible for any temporary restricted 1 20 license for one year after the effective date of revocation 1 21 under this section. 1 22 2. A license to operate a motor vehicle in this state 1 23 shall not be issued to any person declared to be a habitual 1 24 offender under section 321.555, subsection 2, for a period of 1 25 one year from the date of the final decision of the department 1 26 under section 17A.19 or the date on which the district court 1 27 upholds the final decision of the department, whichever occurs 1 28 later. 1 29 3. The department shall adopt rules under chapter 17A 1 30whichthat establish a point system which shall be used to 1 31 determine the period for which a person who is declared to be 1 32 a habitual offender under section 321.555, subsection 1, shall 1 33 not be issued a license. 1 34 4. A person who is determined to be a habitual offender 1 35 while the person's license is already revoked for being a 2 1 habitual offender under section 321.555 shall not be issued a 2 2 license to operate a motor vehicle in this state for a period 2 3 of not less than two years nor more than six years. The 2 4 revocation period may commence either on the date of the final 2 5 decision of the department under section 17A.19 or the date on 2 6 which the district court upholds the final decision of the 2 7 department, whichever occurs later, or on the date the 2 8 previous revocation expires. 2 9 Sec. 2. Section 321J.4, subsection 9, Code Supplement 2 10 1999, is amended to read as follows: 2 11 9. a. A person whose driver's license has either been 2 12 revoked under this chapter, or revoked or suspended under 2 13 chapter 321 solely for violations of this chapter, or who has 2 14 been determined to be a habitual offender under chapter 321 2 15 based solely or partially on violations of this chapter, and 2 16 who is not eligible for a temporary restricted license under 2 17 this chapter may petition the court upon the expiration of the 2 18 minimum period of ineligibility for a temporary restricted 2 19 license provided for under this section,orsection 321J.9, 2 20 321J.12,or321J.20, or 321.560, for an order to the 2 21 department to require the department to issue a temporary 2 22 restricted license to the person notwithstanding section 2 23 321.560. 2 24 b. The petition shall include a current certified copy of 2 25 the petitioner's official driving record issued by the 2 26 department. 2 27 c. Upon the filing of a petition for a temporary 2 28 restricted license under this section, the clerk of the 2 29 district court in the county where the violation that resulted 2 30 in the revocation occurred shall send notice of the petition 2 31 to the department and the prosecuting attorney. The 2 32 department and the prosecuting attorney shall each be given an 2 33 opportunity to respond to and request a hearing on the 2 34 petition. 2 35 d. The court shall determine if the temporary restricted 3 1 license is necessary for the person to maintain the person's 3 2 present employment. However, a temporary restricted license 3 3 shall not be ordered or issued for a violation of section 3 4 321J.2A or to a person under the age of twenty-one whose 3 5 license is revoked under this section or section 321J.9 or 3 6 321J.12. If the court determines that the temporary 3 7 restricted license is necessary for the person to maintain the 3 8 person's present employment, and that the minimum period of 3 9 ineligibility for receipt of a temporary license has expired, 3 10 the court shall order the department to issue to the person a 3 11 temporary restricted license conditioned upon the person's 3 12 certification to the court of the installation of approved 3 13 ignition interlock devices in all motor vehicles that it is 3 14 necessary for the person to operate to maintain the person's 3 15 present employment. 3 16 e. Section 321.561 does not apply to a person operating a 3 17 motor vehicle in the manner permitted under this subsection. 3 18 f. If the person operates a motor vehicle which does not 3 19 have an approved ignition interlock device or if the person 3 20 tampers with or circumvents an ignition interlock device, in 3 21 addition to other penalties provided, the person's temporary 3 22 restricted license shall be revoked. 3 23 g. A person holding a temporary restricted license issued 3 24 under this subsection shall not operate a commercial motor 3 25 vehicle, as defined in section 321.1, on a highway if a 3 26 commercial driver's license is required for the person to 3 27 operate the commercial motor vehicle. 3 28 h. Notwithstanding any provision of this chapter to the 3 29 contrary, the court may order the department to issue a 3 30 temporary restricted license to a person otherwise eligible 3 31 for a temporary restricted license under this subsection, 3 32 whose period of revocation under this chapter has expired, but 3 33 who has not met all requirements for reinstatement of the 3 34 person's driver's license or nonresident operating privileges. 3 35 EXPLANATION 4 1 This bill amends provisions in Code sections 321.560 and 4 2 321J.4 relating to temporary restricted driver's licenses to 4 3 allow persons who have been determined to be habitual 4 4 offenders due to operating while under the influence 4 5 violations and violations for driving under suspension, 4 6 revocation, denial, or bar to obtain a temporary restricted 4 7 license for certain purposes once any period of ineligibility 4 8 for such a license has passed. Currently, persons who are 4 9 determined to be a habitual offender for operating while under 4 10 the influence violations and violations for driving under 4 11 suspension, revocation, denial, or bar are not eligible to 4 12 obtain a temporary restricted license, but persons determined 4 13 to be habitual offenders solely for operating while under the 4 14 influence violations or solely for violations for driving 4 15 under suspension, revocation, denial, or bar are eligible for 4 16 such licenses. 4 17 LSB 5980HV 78 4 18 nh/as/5
Text: HF02480 Text: HF02482 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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