Text: HSB00732 Text: HSB00734 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 321S.1 DEFINITIONS. 1 2 For purposes of this chapter: 1 3 1. "Applicable felony" means any felony for which 1 4 operating a motor vehicle is not a necessary element of the 1 5 felony. 1 6 2. "Commercial driver's license" means a driver's license 1 7 valid for the operation of a commercial motor vehicle. 1 8 3. "Commercial motor vehicle" means a motor vehicle or 1 9 combination of vehicles used to transport passengers or 1 10 property if any of the following apply: 1 11 a. The combination of vehicles has a gross combination 1 12 weight rating of twenty-six thousand one or more pounds 1 13 provided the towed vehicle or vehicles have a gross weight 1 14 rating or gross combination weight rating of ten thousand one 1 15 or more pounds. 1 16 b. The motor vehicle has a gross vehicle weight rating of 1 17 twenty-six thousand one or more pounds. 1 18 c. The motor vehicle is designed to transport sixteen or 1 19 more persons, including the operator, or is of a size and 1 20 design to transport sixteen or more persons, including the 1 21 operator, but is redesigned or modified to transport less than 1 22 sixteen persons with disabilities. 1 23 d. The motor vehicle is used in the transportation of 1 24 hazardous materials of a type or quantity requiring vehicle 1 25 placarding. 1 26 4. "Complaint" means indictment, information, complaint, 1 27 and citation. 1 28 5. "Driver's license" means any license or permit issued 1 29 to a person to operate a motor vehicle on the highways of this 1 30 state, including but not limited to a temporary restricted or 1 31 temporary license and an instruction, chauffeur's instruction, 1 32 commercial driver's instruction, or temporary restricted or 1 33 temporary permit. 1 34 For purposes of license suspension, revocation, bar, 1 35 disqualification, cancellation, or denial under this chapter 2 1 and chapters 321, 321A, 321C, and 321J, "driver's license" 2 2 includes any privilege to operate a motor vehicle. 2 3 6. "Habitual offender" means a person declared to be a 2 4 habitual offender pursuant to section 321.555. 2 5 7. "Highway" means the roadway and the entire width 2 6 between property lines of every way or place of whatever 2 7 nature when any part thereof is open to the use of the public, 2 8 as a matter of right, for purposes of vehicular traffic, and 2 9 also includes both of the following: 2 10 a. A parking lot as defined in section 321.20B. 2 11 b. Paved or other hard-surfaced sidewalk. 2 12 8. "Motor vehicle" means a vehicle which is self- 2 13 propelled, but does not include vehicles known as trackless 2 14 trolleys, which are propelled by electric power obtained from 2 15 overhead trolley wires and are not operated upon rails. 2 16 9. "Nonresident operating privilege" means the privilege 2 17 conferred upon a nonresident by the laws of this state 2 18 pertaining to the operation by the nonresident of a motor 2 19 vehicle, or the use of a motor vehicle owned by the 2 20 nonresident, in this state. 2 21 10. "Operator" or "driver" means every person who is in 2 22 actual physical control of a motor vehicle upon a highway. 2 23 11. "Public property" means any property owned by or 2 24 leased to the United States, the state of Iowa, any other 2 25 state, any county, city, township, municipality, public school 2 26 district, political subdivision, or any department, 2 27 instrumentality, unit, agency or interstate agency thereof, 2 28 any corporation, organization or agency controlled by any 2 29 thereof, or any corporation, organization or agency whose 2 30 governing body is entirely appointed or elected by any 2 31 thereof. 2 32 12. "Registration" means the certificate or certificates 2 33 and registration plates issued under the laws of this state 2 34 pertaining to the registration of motor vehicles. 2 35 13. "Roadway" means that portion of a highway improved, 3 1 designed, or ordinarily used for vehicular travel. 3 2 Sec. 2. NEW SECTION. 321S.2 FINES IMPOSED. 3 3 1. Notwithstanding the provisions of sections 901.5 and 3 4 907.3, the court shall not defer judgment or sentencing, or 3 5 suspend execution of any mandatory or minimum fine imposed 3 6 under this chapter. 3 7 2. Notwithstanding subsection 1, any fine in excess of a 3 8 minimum fine may be suspended by the court. 3 9 Sec. 3. NEW SECTION. 321S.3 DRIVING UNDER SUSPENSION IN 3 10 THE FIRST DEGREE. 3 11 1. A person commits driving under suspension in the first 3 12 degree if, while participating in an applicable felony, the 3 13 person commits a violation of section 321S.4, 321S.5, 321S.6, 3 14 or 321S.7. 3 15 2. Driving under suspension in the first degree is a class 3 16 "D" felony punishable by imprisonment and a mandatory fine of 3 17 one thousand dollars. 3 18 Sec. 4. NEW SECTION. 321S.4 DRIVING UNDER SUSPENSION IN 3 19 THE SECOND DEGREE. 3 20 1. A person commits driving under suspension in the second 3 21 degree when the person does either of the following: 3 22 a. The person is a habitual offender and operates a motor 3 23 vehicle during the period of time specified in section 321.560 3 24 that the person shall not be issued a license. 3 25 b. The person operates a motor vehicle while the driver's 3 26 license or privilege is revoked under section 321J.4, 3 27 subsection 4 or 6, or both, or under section 707.6A, 3 28 subsection 1. 3 29 2. This section does not apply to a person operating a 3 30 motor vehicle pursuant to a valid temporary restricted permit 3 31 or temporary restricted license. 3 32 3. Driving under suspension in the second degree is an 3 33 aggravated misdemeanor punishable by imprisonment and a 3 34 mandatory fine of one thousand dollars. 3 35 Sec. 5. NEW SECTION. 321S.5 DRIVING UNDER SUSPENSION IN 4 1 THE THIRD DEGREE. 4 2 1. A person commits driving under suspension in the third 4 3 degree when the person does both of the following, or does one 4 4 of the following having been twice convicted within the 4 5 previous six years of a violation of section 321S.3, 321S.4, 4 6 321S.6, 321S.7, or this section, or their predecessor 4 7 statutes: 4 8 a. The person whose driver's license or registration or 4 9 nonresident's operating privilege has been suspended, denied, 4 10 or revoked under chapter 321A or continues to remain suspended 4 11 or revoked under chapter 321A, operates a motor vehicle during 4 12 such suspension, denial, or revocation, or during such 4 13 continuing suspension or continuing revocation. This 4 14 paragraph shall not apply to a person who is excepted from the 4 15 security requirement under section 321A.6, has complied with 4 16 the requirements of section 321A.7 or 321A.8, or has otherwise 4 17 complied with the proof of financial responsibility 4 18 requirements of chapter 321A. 4 19 b. The person whose driver's license or nonresident 4 20 operating privilege has been suspended, denied, revoked, or 4 21 barred due to a violation of chapter 321J operates a motor 4 22 vehicle while the driver's license or privilege is suspended, 4 23 denied, revoked, or barred. This paragraph shall not apply to 4 24 a person operating a motor vehicle pursuant to a valid 4 25 temporary restricted permit or temporary restricted license. 4 26 2. Driving under suspension in the third degree is a 4 27 serious misdemeanor punishable by imprisonment and a mandatory 4 28 fine of one thousand dollars. 4 29 Sec. 6. NEW SECTION. 321S.6 DRIVING UNDER SUSPENSION IN 4 30 THE FOURTH DEGREE. 4 31 1. A person commits driving under suspension in the fourth 4 32 degree when the person whose driver's license or nonresident 4 33 operating privilege has been suspended, denied, revoked, or 4 34 barred due to a violation of chapter 321J operates a motor 4 35 vehicle while the driver's license or privilege is suspended, 5 1 denied, revoked, or barred. This paragraph shall not apply to 5 2 a person operating a motor vehicle pursuant to a valid 5 3 temporary restricted permit or temporary restricted license. 5 4 2. Driving under suspension in the fourth degree is a 5 5 simple misdemeanor punishable by imprisonment and a mandatory 5 6 fine of one thousand dollars. 5 7 Sec. 7. NEW SECTION. 321S.7 DRIVING UNDER SUSPENSION IN 5 8 THE FIFTH DEGREE. 5 9 1. A person commits driving under suspension in the fifth 5 10 degree when the person does any of the following: 5 11 a. The person whose driver's license or operating 5 12 privilege has been denied, cancelled, suspended, revoked, or 5 13 barred as provided in chapter 321, or as provided in section 5 14 252J.8 or 261.121, or as provided in section 901.5, subsection 5 15 10, operates a motor vehicle upon a highway or public property 5 16 while the driver's license or privilege is denied, cancelled, 5 17 suspended, revoked, or barred. This paragraph shall not apply 5 18 to a person whose driver's license or nonresident operating 5 19 privilege has been suspended, denied, revoked, or barred 5 20 because the person has been determined to be a habitual 5 21 offender under chapter 321 or due to a violation of chapter 5 22 321J, or to a person operating a motor vehicle pursuant to a 5 23 valid temporary restricted permit or temporary restricted 5 24 license. 5 25 b. The person operates a commercial motor vehicle upon a 5 26 highway or public property when disqualified from operating 5 27 the commercial motor vehicle under section 321.208 if a 5 28 commercial driver's license is required for the person to 5 29 operate the commercial motor vehicle. 5 30 c. The person whose driver's license or registration or 5 31 nonresident's operating privilege has been suspended, denied, 5 32 or revoked under chapter 321A or continues to remain 5 33 suspended, denied, or revoked under chapter 321A, operates a 5 34 motor vehicle upon a highway or public property, during such 5 35 suspension, denial, or revocation, or during such continuing 6 1 suspension, denial, or revocation. This paragraph shall not 6 2 apply to a person who is excepted from the security 6 3 requirement under section 321A.6, has complied with the 6 4 requirements of section 321A.7 or 321A.8, or has otherwise 6 5 complied with the proof of financial responsibility 6 6 requirements of chapter 321A. 6 7 d. The person whose driver's license or registration or 6 8 nonresident's operating privilege has been suspended, denied, 6 9 or revoked under chapter 321A or continues to remain 6 10 suspended, denied, or revoked under chapter 321A, knowingly 6 11 permits a motor vehicle owned by such person to be operated by 6 12 another person upon a highway or on public property, during 6 13 such suspension, denial, or revocation, or during such 6 14 continuing suspension or continuing revocation, except as 6 15 permitted under chapter 321A. 6 16 2. Driving under suspension in the fifth degree is a 6 17 simple misdemeanor punishable by imprisonment and a fine of 6 18 not less than two hundred fifty dollars nor more than one 6 19 thousand dollars. 6 20 Sec. 8. NEW SECTION. 321S.8 OPERATING WITHOUT COMMERCIAL 6 21 DRIVER'S LICENSE. 6 22 A person who operates a commercial motor vehicle upon a 6 23 highway without having been issued a driver's license valid 6 24 for the vehicle's operation commits a simple misdemeanor. 6 25 Sec. 9. NEW SECTION. 321S.9 OPERATING WITHOUT DRIVER'S 6 26 LICENSE. 6 27 A person, unless expressly exempted, who operates a motor 6 28 vehicle upon a highway without having been issued a driver's 6 29 license valid for the vehicle's operation commits a simple 6 30 misdemeanor. 6 31 Sec. 10. NEW SECTION. 321S.10 OPERATING WITH EXPIRED 6 32 DRIVER'S LICENSE. 6 33 A person who operates a motor vehicle upon a highway in 6 34 this state with an expired driver's license commits a simple 6 35 misdemeanor. 7 1 Sec. 11. NEW SECTION. 321S.11 OPERATING WITHOUT DRIVER'S 7 2 LICENSE IN POSSESSION. 7 3 1. A person shall have the person's driver's license in 7 4 immediate possession at all times when operating a motor 7 5 vehicle and shall display the license upon demand of a 7 6 judicial magistrate, district associate judge, district judge, 7 7 peace officer, or examiner of the department. 7 8 2. Notwithstanding subsection 1, a person charged with 7 9 violating this section shall not be convicted if the person 7 10 produces in court, within a reasonable time, a driver's 7 11 license issued to that person and valid for the vehicle 7 12 operated at the time of operation. 7 13 3. A violation of this section is a simple misdemeanor. 7 14 Sec. 12. NEW SECTION. 321S.12 OPERATING IN VIOLATION OF 7 15 RESTRICTIONS. 7 16 1. A person who operates a motor vehicle in any manner in 7 17 violation of the restrictions imposed on a restricted driver's 7 18 license issued to that person under section 321.193, or in 7 19 violation of the restrictions imposed on a driver's license 7 20 issued to that person by another state or foreign 7 21 jurisdiction, commits a simple misdemeanor. 7 22 2. For purposes of this section, a driver's license 7 23 includes an expired driver's license. 7 24 Sec. 13. NEW SECTION. 321S.13 ORDINANCES. 7 25 Violations of sections 321S.3 through 321S.7 shall not be 7 26 prosecuted as city, county, or other local ordinance 7 27 violations. 7 28 Sec. 14. NEW SECTION. 321S.14 OTHER CHAPTERS. 7 29 Chapter 232 has no application in the prosecution of 7 30 offenses committed in violation of this chapter that are 7 31 simple misdemeanors. 7 32 Sec. 15. Section 321.174, Code 1999, is amended to read as 7 33 follows: 7 34 321.174 OPERATORS LICENSED – OPERATION OF COMMERCIAL 7 35 MOTOR VEHICLES. 8 11. A person, except those expressly exempted, shall not8 2operate any motor vehicle upon a highway in this state unless8 3the person has a driver's license issued by the department8 4valid for the vehicle's operation.8 52.A person operating a commercial motor vehicle shall not 8 6 have more than one driver's license. A nonresident may 8 7 operate a commercial motor vehicle in Iowa if the nonresident 8 8 has been issued a driver's license by another state, a 8 9 nonresident commercial driver's license, or a driver's license 8 10 issued by a foreign jurisdiction which the federal highway 8 11 administration has determined to be issued in conformity with 8 12 the federal commercial driver testing and licensing standards, 8 13 if the driver's license,or commercial driver's license, or8 14driver's licenseis valid for the vehicle operated.A person8 15who operates a commercial motor vehicle upon the highways of8 16this state without having been issued a driver's license valid8 17for the vehicle operated commits a simple misdemeanor.8 183. A licensee shall have the licensee's driver's license8 19in immediate possession at all times when operating a motor8 20vehicle and shall display the same, upon demand of a judicial8 21magistrate, district associate judge, district judge, peace8 22officer, or examiner of the department. However, a person8 23charged with violating this subsection shall not be convicted8 24if the person produces in court, within a reasonable time, a8 25driver's license issued to that person and valid for the8 26vehicle operated at the time of the person's arrest or at the8 27time the person was charged with a violation of this section.8 28 Sec. 16. Section 321.176, subsection 3, Code 1999, is 8 29 amended to read as follows: 8 30 3. A nonresident operating a motor vehicle within the 8 31 legal scope of the nonresident's home state or country license 8 32 except a nonresident may operate a commercial motor vehicle 8 33 only in compliance with section 321.174 and 321S.8. 8 34 Sec. 17. Section 321.193, Code 1999, is amended to read as 8 35 follows: 9 1 321.193 RESTRICTIONS ON LICENSES– PENALTY. 9 2 1. As provided by rule, the department may impose 9 3 restrictions suitable to the licensee's driving ability with 9 4 respect to the type of motor vehicle or special mechanical 9 5 control devices required on a motor vehicle which the licensee 9 6 may operate or other restrictions applicable to the licensee 9 7 as the department may determine to be appropriate. 9 8 2. The department may set forth restrictions upon the 9 9 driver's license. 9 10 3. The department may suspend or revoke the driver's 9 11 license upon receiving satisfactory evidence of any violation 9 12 of the license's restrictions. 9 13It is a misdemeanor for a person to operate a motor vehicle9 14in any manner in violation of the restrictions imposed on a9 15restricted license issued to that person under this section.9 16 Sec. 18. Section 321.213, Code 1999, is amended to read as 9 17 follows: 9 18 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO 9 19 VIOLATIONS BY JUVENILE DRIVERS. 9 20 Upon the entering of a dispositional order suspending or 9 21 revoking the driver's license or operating privileges of the 9 22 juvenile under section 232.52, subsection 2, paragraph "a", 9 23 the clerk of the juvenile court shall forward a copy of the 9 24 adjudication and the dispositional order to the department. 9 25 Notwithstanding section 232.55, a final adjudication in a 9 26 juvenile court that the child violated a provision of this 9 27 chapter or chapter 321A,or321J, or 321S, constitutes a final 9 28 conviction for purposes of section 321.189, subsection 7, 9 29 paragraph "b", and sections 321.193, 321.194, 321.200, 9 30 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, 9 31 and 321J.4. 9 32 Sec. 19. Section 321.218, Code Supplement 1999, is amended 9 33 to read as follows: 9 34 321.218OPERATING WITHOUT VALID DRIVER'S LICENSE OR WHEN9 35DISQUALIFIED – PENALTIESADDITIONAL PERIOD OF SUSPENSION OR 10 1 REVOCATION. 10 21. A person whose driver's license or operating privilege10 3has been denied, canceled, suspended, or revoked as provided10 4in this chapter or as provided in section 252J.8 or section10 5901.5, subsection 10, and who operates a motor vehicle upon10 6the highways of this state while the license or privilege is10 7denied, canceled, suspended, or revoked, commits a simple10 8misdemeanor. In addition to any other penalties, the10 9punishment imposed for a violation of this subsection shall10 10include assessment of a fine of not less than two hundred10 11fifty dollars nor more than one thousand five hundred dollars.10 122. The sentence imposed under this section shall not be10 13suspended by the court, notwithstanding section 907.3 or any10 14other statute.10 153.1. The department, upon receiving the record ofthea 10 16 conviction of a person underthis section upon a charge of10 17operating a motor vehicle while thesection 321S.3, 321S.4, 10 18 321S.5, 321S.6, or 321S.7, or their predecessor statutes, 10 19 whose driver's licenseof the person iswas suspended or 10 20 revoked at the time of the offense, shall, except for licenses 10 21 suspended under section 252J.8, 321.210, subsection 1, 10 22 paragraph "c", section 321.210A, 321.210B, or 321.513, extend 10 23 the period of suspension or revocation for an additional like 10 24 period, and the department shall not issue a new driver's 10 25 license to the person during the additional period. 10 26 2. If the department receivesathe record of a conviction 10 27 of a person underthissection 321S.3, 321S.4, 321S.5, 321S.6, 10 28 or 321S.7, or their predecessor statutes, but the person's 10 29 driving record does not indicate what the original grounds of 10 30 suspension were, the period of suspension under this 10 31 subsection shall be for a period not to exceed six months. 10 324. A person who operates a commercial motor vehicle upon10 33the highways of this state when disqualified from operating10 34the commercial motor vehicle under section 321.208 commits a10 35serious misdemeanor if a commercial driver's license is11 1required for the person to operate the commercial motor11 2vehicle.11 35.3. a. The department, upon receiving the record of a 11 4 conviction of a person underthis section upon a charge of11 5operatingsection 321S.3, 321S.4, 321S.5, 321S.6, or 321S.7, 11 6 or their predecessor statutes, whose commercial driver's 11 7 license was in fact suspended or revoked at the time of the 11 8 offense, and who was in fact operating a commercial motor 11 9 vehiclewhile the person is disqualifiedat the time of the 11 10 offense, shall extend the period of disqualification for an 11 11 additional like period. 11 12 b. The district court, including the magistrate division, 11 13 shall not have jurisdiction to make any finding that the 11 14 person was not operating a commercial vehicle, other than when 11 15 the issue of whether the person was operating a commercial 11 16 vehicle is directly appealed under chapter 17A. Any judgment 11 17 entry, order, or verdict other than a judgment entry, order, 11 18 or verdict in an appeal under chapter 17A, containing a 11 19 finding that the person was not operating a commercial 11 20 vehicle, shall have no force or effect in the administrative 11 21 proceedings. 11 22 Sec. 20. Section 321A.32, Code Supplement 1999, is amended 11 23 to read as follows: 11 24 321A.32 OTHER VIOLATIONS – PENALTIES. 11 251. Any person whose license or registration or11 26nonresident's operating privilege has been suspended, denied,11 27or revoked under this chapter or continues to remain suspended11 28or revoked under this chapter, and who, during such11 29suspension, denial, or revocation, or during such continuing11 30suspension or continuing revocation, drives any motor vehicle11 31upon any highway or knowingly permits any motor vehicle owned11 32by such person to be operated by another upon any highway,11 33except as permitted under this chapter, shall be guilty of a11 34simple misdemeanor. In addition to any other penalties, the11 35punishment imposed for a violation of this subsection shall12 1include assessment of a fine of not less than two hundred12 2fifty dollars nor more than one thousand five hundred dollars.12 32.1. Any person willfully failing to return the person's 12 4 license or registration as required in section 321A.31 shall 12 5 be guilty of a simple misdemeanor. 12 63.2. A person who forges or, without authority, signs a 12 7 notice provided for under section 321A.5 that a policy or bond 12 8 is in effect, or any evidence of financial responsibility, or 12 9 any evidence of financial liability coverage as defined in 12 10 section 321.1, or who files or offers for filing any such 12 11 notice or evidence knowing or having reason to believe that it 12 12 is forged or signed without authority, is guilty of a serious 12 13 misdemeanor. 12 144.3. Any person whoshall violateviolates any provision 12 15 of this chapter for which no penalty isotherwiseexpressly 12 16 provided in this chapter or chapter 321S shall be guilty of a 12 17 serious misdemeanor. 12 18 Sec. 21. Section 321J.4, subsection 9, Code 1999, is 12 19 amended to read as follows: 12 20 9. A person whose driver's license has either been revoked 12 21 under this chapter, or revoked or suspended under chapter 321 12 22 solely for violations of this chapter, or who has been 12 23 determined to be a habitual offender under chapter 321 based 12 24 solely on violations of this chapter, and who is not eligible 12 25 for a temporary restricted license under this chapter may 12 26 petition the court upon the expiration of the minimum period 12 27 of ineligibility for a temporary restricted license provided 12 28 for under this section or section 321J.9, 321J.12, or 321J.20 12 29 for an order to the department to require the department to 12 30 issue a temporary restricted license to the person 12 31 notwithstanding section 321.560. The petition shall include a 12 32 current certified copy of the petitioner's official driving 12 33 record issued by the department. Upon the filing of a 12 34 petition for a temporary restricted license under this 12 35 section, the clerk of the district court in the county where 13 1 the violation that resulted in the revocation occurred shall 13 2 send notice of the petition to the department and the 13 3 prosecuting attorney. The department and the prosecuting 13 4 attorney shall each be given an opportunity to respond to and 13 5 request a hearing on the petition. The court shall determine 13 6 if the temporary restricted license is necessary for the 13 7 person to maintain the person's present employment. However, 13 8 a temporary restricted license shall not be ordered or issued 13 9 for a violation of section 321J.2A or to a person under the 13 10 age of twenty-one whose license is revoked under this section 13 11 or section 321J.9 or 321J.12. If the court determines that 13 12 the temporary restricted license is necessary for the person 13 13 to maintain the person's present employment, and that the 13 14 minimum period of ineligibility for receipt of a temporary 13 15 license has expired, the court shall order the department to 13 16 issue to the person a temporary restricted license conditioned 13 17 upon the person's certification to the court of the 13 18 installation of approved ignition interlock devices in all 13 19 motor vehicles that it is necessary for the person to operate 13 20 to maintain the person's present employment.Section 321.56113 21doesSections 321S.4, 321S.5, 321S.6, and 321S.7 do not apply 13 22 to a person operating a motor vehicle in the manner permitted 13 23 under this subsection. If the person operates a motor vehicle 13 24 which does not have an approved ignition interlock device or 13 25 if the person tampers with or circumvents an ignition 13 26 interlock device, in addition to other penalties provided, the 13 27 person's temporary restricted license shall be revoked. A 13 28 person holding a temporary restricted license issued under 13 29 this subsection shall not operate a commercial motor vehicle, 13 30 as defined in section 321.1, on a highway if a commercial 13 31 driver's license is required for the person to operate the 13 32 commercial motor vehicle. 13 33 Notwithstanding any provision of this chapter to the 13 34 contrary, the court may order the department to issue a 13 35 temporary restricted license to a person otherwise eligible 14 1 for a temporary restricted license under this subsection, 14 2 whose period of revocation under this chapter has expired, but 14 3 who has not met all requirements for reinstatement of the 14 4 person's driver's license or nonresident operating privileges. 14 5 Sec. 22. Section 321J.4B, subsection 2, paragraph b, 14 6 unnumbered paragraph 3, Code 1999, is amended to read as 14 7 follows: 14 8 Impoundment of the vehicle under this section may occur in 14 9 addition to any criminal penalty imposed under chapter 321,or14 10 this chapter, or chapter 321S for the underlying criminal 14 11 offense. 14 12 Sec. 23. Section 321J.4B, subsection 5, paragraph a, 14 13 subparagraph (3), Code 1999, is amended to read as follows: 14 14 (3) A person who owns the motor vehicle and who is charged 14 15 but is not convicted of the violation of section321.218,14 16321.561, 321A.32,321J.2, or 321J.21,or of the violation 14 17 under chapter 321S which resulted in the impoundment or 14 18 immobilization of the motor vehicle under this section. 14 19 Sec. 24. Section 321J.21, Code Supplement 1999, is amended 14 20 to read as follows: 14 21 321J.21DRIVING WHILE LICENSE SUSPENDED, DENIED, REVOKED,14 22OR BARREDADDITIONAL PERIOD OF REVOCATION. 14 231. A person whose driver's license or nonresident14 24operating privilege has been suspended, denied, revoked, or14 25barred due to a violation of this chapter and who drives a14 26motor vehicle while the license or privilege is suspended,14 27denied, revoked, or barred commits a serious misdemeanor. In14 28addition to any other penalties, the punishment imposed for a14 29violation of this subsection shall include assessment of a14 30fine of one thousand dollars.14 312. In addition to the fine, theThe department, upon 14 32 receiving the record ofthea conviction of a person under 14 33this section upon a charge of driving a motor vehicle while14 34thesections 321S.1 through 321S.5, or predecessors of these 14 35 sections, whose driver's licenseof the personwas in fact 15 1 suspended, denied,or revoked under this chapter, or barred 15 2 based on an underlying offense under this chapter, shall 15 3 extend the period of suspension, denial, revocation, or bar 15 4 for an additional like period, and the department shall not 15 5 issue a new driver's license during the additional period. 15 6 Sec. 25. Section 805.8, subsection 2, paragraph f, Code 15 7 Supplement 1999, is amended to read as follows: 15 8 f. For violations of the conditions or restrictions of a 15 9 driver's license under sections 321.180, 321.180B,321.193,15 10 and 321.194, the scheduled fine is twenty dollars. 15 11 Sec. 26. Section 805.8, subsection 2, paragraphs w and ae, 15 12 Code Supplement 1999, are amended by striking the paragraphs. 15 13 Sec. 27. Sections 321.174A and 321.561, Code 1999, are 15 14 repealed. 15 15 EXPLANATION 15 16 This bill establishes new Code chapter 321S, which includes 15 17 the following offenses, that are currently contained in Code 15 18 chapters 321, 321A, and 321J: 15 19 Driving under suspension in the first degree, a class "D" 15 20 felony, with a mandatory fine of $1,000. A class "D" felony 15 21 is also punishable by confinement for no more than five years. 15 22 The crime consists of a violation of certain other sections of 15 23 the new chapter, during commission of an applicable felony, 15 24 defined as any felony for which operation of a motor vehicle 15 25 is not an element of the felony. 15 26 Driving under suspension in the second degree, an 15 27 aggravated misdemeanor, with a mandatory fine of $1,000. An 15 28 aggravated misdemeanor is also punishable by confinement for 15 29 no more than two years. One of the underlying offenses for 15 30 driving under suspension in the second degree, driving while a 15 31 license is suspended for a third offense under Code chapter 15 32 321J, or for causing a death while violating Code chapter 321J 15 33 is a currently a serious misdemeanor. 15 34 Driving under suspension in the third degree, a serious 15 35 misdemeanor, with a mandatory fine of $1,000. A serious 16 1 misdemeanor is also punishable by confinement for no more than 16 2 one year. 16 3 Driving under suspension in the fourth degree, a simple 16 4 misdemeanor, with a mandatory fine of $1,000. A simple 16 5 misdemeanor is also punishable by confinement for no more than 16 6 30 days. The underlying crime for driving under suspension in 16 7 the fourth degree, driving while a license is suspended under 16 8 Code chapter 321J, is currently a serious misdemeanor under 16 9 current Code section 321J.21. 16 10 Driving under suspension in the fifth degree, a simple 16 11 misdemeanor, with a fine of $250 to $1,000. A simple 16 12 misdemeanor is also punishable by confinement for no more than 16 13 30 days. Operating a commercial vehicle when disqualified, 16 14 one of the offenses within driving under suspension in the 16 15 fifth degree, is currently a serious misdemeanor under current 16 16 Code section 321.218. The fine range of the other offenses is 16 17 decreased to a maximum of $1,000, rather than $1,500 as 16 18 provided in current Code sections 321.218 and 321A.32. 16 19 Operating without commercial driver's license, a simple 16 20 misdemeanor. A simple misdemeanor is punishable by 16 21 confinement for no more than 30 days, or a fine of at least 16 22 $50 but not more than $500, or by both. 16 23 Operating without driver's license, a simple misdemeanor. 16 24 A simple misdemeanor is punishable by confinement for no more 16 25 than 30 days, or a fine of at least $50 but not more than 16 26 $500, or by both. The current penalty for the offense, 16 27 contained in Code section 321.174, is a $100 scheduled fine 16 28 under Code section 805.8. 16 29 Operating with expired driver's license, a simple 16 30 misdemeanor. A simple misdemeanor is punishable by 16 31 confinement for no more than 30 days, or a fine of at least 16 32 $50 but not more than $500, or by both. The current penalty 16 33 for the offense, contained in Code section 321.174A, is a $20 16 34 scheduled fine under Code section 805.8. 16 35 Operating without driver's license in possession, a simple 17 1 misdemeanor. A simple misdemeanor is punishable by 17 2 confinement for no more than 30 days, or a fine of at least 17 3 $50 but not more than $500, or by both. 17 4 Operating in violation of license restrictions, a simple 17 5 misdemeanor. A simple misdemeanor is punishable by 17 6 confinement for no more than 30 days, or a fine of at least 17 7 $50 but not more than $500, or by both. The current penalty 17 8 for the offense, contained in Code section 321.193, is a $20 17 9 scheduled fine under Code section 805.8. 17 10 The bill provides that the driving under suspension 17 11 offenses may not be prosecuted as local ordinance violations. 17 12 The bill further provides that fines may not be suspended for 17 13 any offense included within the new chapter. 17 14 The bill also contains a section, comparable to the 17 15 provision in Code section 321.482, that provides that Code 17 16 chapter 232 does not apply to simple misdemeanors under the 17 17 chapter. 17 18 The bill includes definitions of certain terms as defined 17 19 in Code chapters 321, 321A, and 321J, and adds definitions of 17 20 "applicable felony", "complaint", "highway", and "public 17 21 property". 17 22 The bill also makes corresponding revisions to and repeals 17 23 of the previous Code sections relating to these offenses in 17 24 Code chapters 321, 321A, 321J, and 805. 17 25 LSB 6517YC 78 17 26 jj/as/5
Text: HSB00732 Text: HSB00734 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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