Text: HSB00693 Text: HSB00695 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.210D, Code 1999, is amended to read 1 2 as follows: 1 3 321.210D VEHICULAR HOMICIDE SUSPENSION – TERMINATION UPON 1 4 REVOCATION OF LICENSE – REOPENING OF SUSPENSION. 1 5 1. If a trial information or indictment is filed charging 1 6 a person with the offense of homicide by vehicle under section 1 7 707.6A, subsection 1,or2, or 3, the clerk of the district 1 8 court shall, upon the filing of the information or indictment, 1 9 forward notice to the department including the name and 1 10 address of the party charged, the registration number of the 1 11 vehicle involved, if known, the nature of the offense, and the 1 12 date of the filing of the indictment or information. 1 13 2. Upon receiving notice from the clerk of the district 1 14 court that an indictment or information has been filed 1 15 charging an operator with homicide by vehicle under section 1 16 707.6A, subsection 1, and if the person's license has not 1 17 previously been suspended under chapter 321J, or under section 1 18 707.6A, subsection 2 or 3, the department shall notify the 1 19 person that the person's driver's license will be suspended 1 20 effective ten days from the date of issuance of the notice. 1 21 The department shall adopt rules relating to the suspension of 1 22 the license of an operator pursuant to this section which 1 23 shall include, but are not limited to, procedures for the 1 24 surrender of the person's license to the department upon the 1 25 effective date of the suspension. 1 26 3. If a person whose driver's license has been suspended 1 27 pursuant to this section is not convicted of the charge of 1 28 homicide by vehicle under section 707.6A, subsection 1,or2, 1 29 or 3, upon record entry of disposition of the charge, the 1 30 clerk of the district court shall forward a notice including 1 31 the name and address of the party charged, the registration 1 32 number of the vehicle involved, the nature of the offense 1 33 charged by indictment or information, the date of the filing 1 34 of the indictment or information, and of the disposition of 1 35 the charge to the department. Upon receipt of the notice from 2 1 the clerk, the department shall automatically rescind the 2 2 suspension and reinstate the person's driver's license without 2 3 payment of any charge or penalty. 2 4 4. Upon receiving a record of conviction under section 2 5 321.206, for a violation of section 707.6A, subsection 1,or2 6 2, or 3, and upon revocation of the person's license or 2 7 operating privileges under section 321.209 or 707.6A, the 2 8 suspension under subsection 2 shall automatically terminate in 2 9 favor of the revocation. 2 10 Sec. 2. Section 321.215, subsection 2, unnumbered 2 11 paragraph 1, Code 1999, is amended to read as follows: 2 12 Upon conviction and the suspension or revocation of a 2 13 person's driver's license under section 321.209, subsection 5 2 14 or 6;, section 321.210;, 321.210A;, or 321.513;orupon 2 15 revocation pursuant to a court order issued under section 2 16 707.6A, subsection 2 or 3, upon expiration of the minimum 2 17 period of ineligibility; upon revocation pursuant to a court 2 18 order issued under section 901.5, subsection 10; or upon the 2 19 denial of issuance of a driver's license under section 2 20 321.560, based solely on offenses enumerated in section 2 21 321.555, subsection 1, paragraph "c", or section 321.555, 2 22 subsection 2; or a juvenile, whose license has been suspended 2 23 or revoked pursuant to a dispositional order under section 2 24 232.52, subsection 2, paragraph "a", for a violation of 2 25 chapter 124 or 453B, or section 126.3, a person may petition 2 26 the district court having jurisdiction for the residence of 2 27 the person for a temporary restricted permit to operate a 2 28 motor vehicle for the limited purpose or purposes specified in 2 29 subsection 1. The petition shall include a current certified 2 30 copy of the petitioner's official driving record issued by the 2 31 department. The application may be granted only if all of the 2 32 following criteria are satisfied: 2 33 Sec. 3. Section 321.218, subsection 1, Code Supplement 2 34 1999, is amended to read as follows: 2 35 1. A person whose driver's license or operating privilege 3 1 has been denied, canceled, suspended, or revoked as provided 3 2 in this chapter or as provided in section 252J.8 or 707.6A, 3 3 subsection 2 or 3, or section 901.5, subsection 10, and who 3 4 operates a motor vehicle upon the highways of this state while 3 5 the license or privilege is denied, canceled, suspended, or 3 6 revoked, commits a simple misdemeanor. In addition to any 3 7 other penalties, the punishment imposed for a violation of 3 8 this subsection shall include assessment of a fine of not less 3 9 than two hundred fifty dollars nor more than one thousand five 3 10 hundred dollars. 3 11 Sec. 4. Section 707.6A, subsection 1, paragraph b, Code 3 12 1999, is amended by adding the following new subparagraph: 3 13 NEW SUBPARAGRAPH. (3) Enroll in, attend, and 3 14 satisfactorily complete a driver improvement program approved 3 15 by the state department of transportation. 3 16 Sec. 5. Section 707.6A, subsection 1, paragraph c, Code 3 17 1999, is amended to read as follows: 3 18 c. A driver's license or nonresident operating privilege 3 19 shall not be reinstated until proof of completion of the 3 20 requirements of paragraph "b"isand proof of financial 3 21 responsibility, as provided in section 321A.18, are presented 3 22 to the department. Duration of proof of financial 3 23 responsibility shall meet the requirements of section 321A.29. 3 24 Sec. 6. Section 707.6A, Code 1999, is amended by adding 3 25 the following new subsection: 3 26 NEW SUBSECTION. 3A. Upon a plea or verdict of guilty of a 3 27 violation of subsection 2 or 3, the court shall do the 3 28 following: 3 29 a. Order the state department of transportation to revoke 3 30 the defendant's driver's license or nonresident operating 3 31 privileges for a period of three years. The defendant shall 3 32 surrender to the court any Iowa license or permit and the 3 33 court shall forward the license or permit to the department 3 34 with a copy of the revocation order. The defendant shall not 3 35 be eligible for a temporary restricted license for at least 4 1 one year after the revocation. 4 2 b. Order the defendant, at the defendant's expense, to 4 3 enroll in, attend, and satisfactorily complete a driver 4 4 improvement program approved by the state department of 4 5 transportation. 4 6 c. A driver's license or nonresident operating privilege 4 7 shall not be reinstated until proof of completion of the 4 8 requirements of paragraph "b" and proof of financial 4 9 responsibility as provided in section 321A.18, are presented 4 10 to the department. Duration of proof of financial 4 11 responsibility shall meet the requirements of section 321A.29. 4 12 EXPLANATION 4 13 This bill amends provisions in Code section 707.6A relating 4 14 to the revocation and reissuance of a driver's license for a 4 15 person who commits vehicular homicide. 4 16 The bill provides for revocation of a person's driver's 4 17 license for a period of three years, with no opportunity for a 4 18 temporary restricted license for one year, if the person 4 19 pleads guilty to or is found guilty of vehicular homicide by 4 20 means of reckless driving, eluding a pursuing law enforcement 4 21 vehicle, or drag racing. 4 22 The bill requires a person who pleads guilty to or is found 4 23 guilty of vehicular homicide to enroll in, attend, and 4 24 satisfactorily complete a driver improvement program approved 4 25 by the state department of transportation. 4 26 The bill prohibits the reinstatement of a driver's license 4 27 or nonresident operating privilege for a person whose license 4 28 or privilege was revoked for vehicular homicide until the 4 29 person presents proof of financial responsibility to the state 4 30 department of transportation. 4 31 Code section 321.210D, providing for suspension of a 4 32 person's driver's license upon the filing of a trial 4 33 information or indictment charging the person with vehicular 4 34 homicide, is amended to include vehicular homicide while drag 4 35 racing within the scope of the section. The suspension 5 1 applies until the charge is disposed of or until the person is 5 2 convicted and the person's driver's licensed is revoked. 5 3 The bill amends a provision in Code section 321.215 to 5 4 allow a person whose license was revoked for vehicular 5 5 homicide by means of reckless driving, eluding a pursuing law 5 6 enforcement vehicle, or drag racing to obtain a temporary 5 7 restricted driver's permit upon expiration of the one-year 5 8 period of ineligibility. 5 9 The bill also amends Code section 321.218, relating to 5 10 operating a motor vehicle without a valid driver's license, to 5 11 provide that a person whose driver's license is revoked for 5 12 vehicular homicide by means of reckless driving, eluding a 5 13 pursuing law enforcement vehicle, or drag racing, and who 5 14 operates a motor vehicle while the license is revoked, commits 5 15 a simple misdemeanor punishable by a fine of at least $250 and 5 16 not more than $1,500. 5 17 LSB 5696XL 78 5 18 nh/gg/8.3
Text: HSB00693 Text: HSB00695 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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