Text: HF02510 Text: HF02512 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2511 1 2 1 3 AN ACT 1 4 RELATING TO DRINKING DRIVER RESTRICTIONS BY PROVIDING FOR THE 1 5 ISSUANCE OF TEMPORARY RESTRICTED PERMITS OR LICENSES UNDER 1 6 CERTAIN CIRCUMSTANCES, BY PROVIDING THAT THE COURSE FOR 1 7 DRINKING DRIVERS SHALL BE TAUGHT BY COMMUNITY COLLEGES OR 1 8 LICENSED SUBSTANCE ABUSE PROGRAMS, AND BY PROVIDING FOR 1 9 PARENTAL AND SCHOOL NOTIFICATION OF CERTAIN VIOLATIONS BY 1 10 PERSONS UNDER EIGHTEEN YEARS OF AGE. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 123.46, Code 1999, is amended by adding 1 15 the following new subsection: 1 16 NEW SUBSECTION. 3A. a. A peace officer shall make a 1 17 reasonable effort to identify a person under the age of 1 18 eighteen who violates this section, and if the person is not 1 19 referred to juvenile court, the law enforcement agency of 1 20 which the peace officer is an employee shall make a reasonable 1 21 attempt to notify the person's custodial parent or legal 1 22 guardian of the violation, whether or not the person is taken 1 23 into custody, unless the officer has reasonable grounds to 1 24 believe that notification is not in the best interests of the 1 25 person or will endanger that person. 1 26 b. The peace officer shall also make a reasonable effort 1 27 to identify the elementary or secondary school which the 1 28 person attends if the person is enrolled in elementary or 1 29 secondary school and to notify the superintendent or the 1 30 superintendent's designee of the school which the person 1 31 attends, or the authorities in charge of the nonpublic school 1 32 which the person attends, of the violation. If the person is 1 33 taken into custody, the peace officer shall notify a juvenile 1 34 court officer who shall make a reasonable effort to identify 1 35 the elementary or secondary school the person attends, if any, 2 1 and to notify the superintendent of the school district or the 2 2 superintendent's designee, or the authorities in charge of the 2 3 nonpublic school, of the violation. A reasonable attempt to 2 4 notify the person includes, but is not limited to, a telephone 2 5 call or notice by first-class mail. 2 6 Sec. 2. Section 321.560, Code 1999, is amended to read as 2 7 follows: 2 8 321.560 PERIOD OF REVOCATION. 2 9 1. A license to operate a motor vehicle in this state 2 10 shall not be issued to any person declared to be a habitual 2 11 offender under section 321.555, subsection 1, for a period of 2 12 not less than two years nor more than six years from the date 2 13 of the final decision of the department under section 17A.19 2 14 or the date on which the district court upholds the final 2 15 decision of the department, whichever occurs later. 2 16 a.However, aA temporary restricted permit may be issued 2 17 pursuant to section 321.215, subsection 2, to a person 2 18 declared to be a habitual offender under section 321.555, 2 19 subsection 1, paragraph "c", pursuant to section 321.215,2 20subsection 2. 2 21 b. A temporary restricted permit may be issued pursuant to 2 22 section 321J.4, subsection 9, to a person declared to be a 2 23 habitual offender due to a combination of the offenses listed 2 24 under section 321.555, subsection 1, paragraph "b" or "c". 2 25 2. A license to operate a motor vehicle in this state 2 26 shall not be issued to any person declared to be a habitual 2 27 offender under section 321.555, subsection 2, for a period of 2 28 one year from the date of the final decision of the department 2 29 under section 17A.19 or the date on which the district court 2 30 upholds the final decision of the department, whichever occurs 2 31 later. 2 32 3. The department shall adopt rules under chapter 17A 2 33whichthat establish a point system which shall be used to 2 34 determine the period for which a person who is declared to be 2 35 a habitual offender under section 321.555, subsection 1, shall 3 1 not be issued a license. 3 2 4. A person who is determined to be a habitual offender 3 3 while the person's license is already revoked for being a 3 4 habitual offender under section 321.555 shall not be issued a 3 5 license to operate a motor vehicle in this state for a period 3 6 of not less than two years nor more than six years. The 3 7 revocation period may commence either on the date of the final 3 8 decision of the department under section 17A.19 or the date on 3 9 which the district court upholds the final decision of the 3 10 department, whichever occurs later, or on the date the 3 11 previous revocation expires. 3 12 Sec. 3. Section 321J.4, subsection 9, Code Supplement 3 13 1999, is amended to read as follows: 3 14 9. a. A person whose driver's license has either been 3 15 revoked under this chapter, or revoked or suspended under 3 16 chapter 321 solely for violations of this chapter, or who has 3 17 been determined to be a habitual offender under chapter 321 3 18 based solely on violations of this chapter or on violations 3 19 listed in section 321.560, subsection 1, paragraph "b", and 3 20 who is not eligible for a temporary restricted license under 3 21 this chapter may petition the court upon the expiration of the 3 22 minimum period of ineligibility for a temporary restricted 3 23 license provided for under this section,orsection 321J.9, 3 24 321J.12,or321J.20, or 321.560, for an order to the 3 25 department to require the department to issue a temporary 3 26 restricted license to the person notwithstanding section 3 27 321.560. 3 28 b. The petition shall include a current certified copy of 3 29 the petitioner's official driving record issued by the 3 30 department. 3 31 c. Upon the filing of a petition for a temporary 3 32 restricted license under this section, the clerk of the 3 33 district court in the county where the violation that resulted 3 34 in the revocation occurred shall send notice of the petition 3 35 to the department and the prosecuting attorney. The 4 1 department and the prosecuting attorney shall each be given an 4 2 opportunity to respond to and request a hearing on the 4 3 petition. 4 4 d. The court shall determine if the temporary restricted 4 5 license is necessary for the person to maintain the person's 4 6 present employment. However, a temporary restricted license 4 7 shall not be ordered or issued for a violation of section 4 8 321J.2A or to a person under the age of twenty-one whose 4 9 license is revoked under this section or section 321J.9 or 4 10 321J.12. If the court determines that the temporary 4 11 restricted license is necessary for the person to maintain the 4 12 person's present employment, and that the minimum period of 4 13 ineligibility for receipt of a temporary license has expired, 4 14 the court shall order the department to issue to the person a 4 15 temporary restricted license conditioned upon the person's 4 16 certification to the court of the installation of approved 4 17 ignition interlock devices in all motor vehicles that it is 4 18 necessary for the person to operate to maintain the person's 4 19 present employment. 4 20 e. Section 321.561 does not apply to a person operating a 4 21 motor vehicle in the manner permitted under this subsection. 4 22 f. If the person operates a motor vehicle which does not 4 23 have an approved ignition interlock device or if the person 4 24 tampers with or circumvents an ignition interlock device, in 4 25 addition to other penalties provided, the person's temporary 4 26 restricted license shall be revoked. 4 27 g. A person holding a temporary restricted license issued 4 28 under this subsection shall not operate a commercial motor 4 29 vehicle, as defined in section 321.1, on a highway if a 4 30 commercial driver's license is required for the person to 4 31 operate the commercial motor vehicle. 4 32 h. Notwithstanding any provision of this chapter to the 4 33 contrary, the court may order the department to issue a 4 34 temporary restricted license to a person otherwise eligible 4 35 for a temporary restricted license under this subsection, 5 1 whose period of revocation under this chapter has expired, but 5 2 who has not met all requirements for reinstatement of the 5 3 person's driver's license or nonresident operating privileges. 5 4 Sec. 4. NEW SECTION. 321J.2B PARENTAL AND SCHOOL 5 5 NOTIFICATION – PERSONS UNDER EIGHTEEN YEARS OF AGE. 5 6 1. A peace officer shall make a reasonable effort to 5 7 identify a person under the age of eighteen who violates 5 8 section 321J.2 or 321J.2A, and if the person is not referred 5 9 to juvenile court, the law enforcement agency of which the 5 10 peace officer is an employee shall make a reasonable attempt 5 11 to notify the person's custodial parent or legal guardian of 5 12 the violation, whether or not the person is taken into 5 13 custody, unless the officer has reasonable grounds to believe 5 14 that notification is not in the best interests of the person 5 15 or will endanger that person. 5 16 2. The peace officer shall also make a reasonable effort 5 17 to identify the elementary or secondary school which the 5 18 person attends if the person is enrolled in elementary or 5 19 secondary school and to notify the superintendent or the 5 20 superintendent's designee of the school which the person 5 21 attends, or the authorities in charge of the nonpublic school 5 22 which the person attends, of the violation. If the person is 5 23 taken into custody, the peace officer shall notify a juvenile 5 24 court officer who shall make a reasonable effort to identify 5 25 the elementary or secondary school the person attends, if any, 5 26 and to notify the superintendent of the school district or the 5 27 superintendent's designee, or the authorities in charge of the 5 28 nonpublic school, of the violation. A reasonable attempt to 5 29 notify the person includes, but is not limited to, a telephone 5 30 call or notice by first-class mail. 5 31 Sec. 5. Section 321J.22, subsections 2, 4, and 5, Code 5 32 1999, are amended to read as follows: 5 33 2. a. The course provided according to this section shall 5 34 be offered on a regular basis at each community college as 5 35 defined in section 260C.2, or by substance abuse treatment 6 1 programs licensed under chapter 125. However, a community 6 2 college shall not be required to offer the course if a 6 3 substance abuse treatment program licensed under chapter 125 6 4 offers the course within the merged area served by the 6 5 community college. 6 6 b. Enrollment in the courses is not limited to persons 6 7 ordered to enroll, attend, and successfully complete the 6 8 course required under sections 321J.2 and 321J.17, subsection 6 9 2. However, any person under age eighteen who is required to 6 10 attend the courses for violation of section 321J.2 or 321J.17 6 11 must attend a course offered by a substance abuse treatment 6 12 program licensed under chapter 125. 6 13 c. The course required by this section shall be:taught6 14 (1) Taught bythea communitycollegescollege under the 6 15 supervision of the department of educationand approvedor by 6 16 a substance abuse treatment program licensed under chapter 6 17 125. 6 18 (2) Approved by the department of education, in 6 19 consultation with the community colleges and substance abuse 6 20 treatment programs licensed under chapter 125. 6 21 d. The department of education shall establish reasonable 6 22 fees to defray the expense of obtaining classroom space, 6 23 instructor salaries, and class materials for courses offered 6 24 both by community colleges and by substance abuse treatment 6 25 programs licensed under chapter 125. 6 26 e. A person shall not be denied enrollment in a course by 6 27 reason of the person's indigency. 6 28 4. The department of education and substance abuse 6 29 treatment programs licensed under chapter 125 shall prepare 6 30 for their respective courses a list of the locations of the 6 31 courses taught under this section, the dates and times taught, 6 32 the procedure for enrollment, and the schedule of course fees. 6 33 The list shall be kept current and a copy of the list shall be 6 34 sent to each court having jurisdiction over offenses provided 6 35 in this chapter. 7 1 5. The department of education and substance abuse 7 2 treatment programs licensed under chapter 125 shall maintain 7 3 enrollment, attendance, successful and nonsuccessful 7 4 completion data for their respective courses on the persons 7 5 ordered to enroll, attend, and successfully complete a course 7 6 for drinking drivers. This data shall be forwarded to the 7 7 court by both the department of education and substance abuse 7 8 treatment programs licensed under chapter 125. 7 9 7 10 7 11 7 12 BRENT SIEGRIST 7 13 Speaker of the House 7 14 7 15 7 16 7 17 MARY E. KRAMER 7 18 President of the Senate 7 19 7 20 I hereby certify that this bill originated in the House and 7 21 is known as House File 2511, Seventy-eighth General Assembly. 7 22 7 23 7 24 7 25 ELIZABETH ISAACSON 7 26 Chief Clerk of the House 7 27 Approved , 2000 7 28 7 29 7 30 7 31 THOMAS J. VILSACK 7 32 Governor
Text: HF02510 Text: HF02512 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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