Text: S05262 Text: S05264 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5206, to House File 2511, as 1 2 passed by the House, as follows: 1 3 #1. Page 1, by inserting after line 4 the 1 4 following: 1 5 ""Section. 1. Section 321.560, Code 1999, is 1 6 amended to read as follows: 1 7 321.560 PERIOD OF REVOCATION. 1 8 1. A license to operate a motor vehicle in this 1 9 state shall not be issued to any person declared to be 1 10 a habitual offender under section 321.555, subsection 1 11 1, for a period of not less than two years nor more 1 12 than six years from the date of the final decision of 1 13 the department under section 17A.19 or the date on 1 14 which the district court upholds the final decision of 1 15 the department, whichever occurs later. 1 16 a.However, aA temporary restricted permit may be 1 17 issued pursuant to section 321.215, subsection 2, to a 1 18 person declared to be a habitual offender under 1 19 section 321.555, subsection 1, paragraph "c", pursuant1 20to section 321.215, subsection 2. 1 21 b. A temporary restricted permit may be issued 1 22 pursuant to section 321J.4, subsection 9, to a person 1 23 declared to be a habitual offender due to a 1 24 combination of the offenses listed under section 1 25 321.555, subsection 1, paragraph "b" or "c". 1 26 2. A license to operate a motor vehicle in this 1 27 state shall not be issued to any person declared to be 1 28 a habitual offender under section 321.555, subsection 1 29 2, for a period of one year from the date of the final 1 30 decision of the department under section 17A.19 or the 1 31 date on which the district court upholds the final 1 32 decision of the department, whichever occurs later. 1 33 3. The department shall adopt rules under chapter 1 34 17Awhichthat establish a point system which shall be 1 35 used to determine the period for which a person who is 1 36 declared to be a habitual offender under section 1 37 321.555, subsection 1, shall not be issued a license. 1 38 4. A person who is determined to be a habitual 1 39 offender while the person's license is already revoked 1 40 for being a habitual offender under section 321.555 1 41 shall not be issued a license to operate a motor 1 42 vehicle in this state for a period of not less than 1 43 two years nor more than six years. The revocation 1 44 period may commence either on the date of the final 1 45 decision of the department under section 17A.19 or the 1 46 date on which the district court upholds the final 1 47 decision of the department, whichever occurs later, or 1 48 on the date the previous revocation expires. 1 49 Sec. . Section 321J.4, subsection 9, Code 1 50 Supplement 1999, is amended to read as follows: 2 1 9. a. A person whose driver's license has either 2 2 been revoked under this chapter, or revoked or 2 3 suspended under chapter 321 solely for violations of 2 4 this chapter, or who has been determined to be a 2 5 habitual offender under chapter 321 based solely on 2 6 violations of this chapter or on violations listed in 2 7 section 321.560, subsection 1, paragraph "b", and who 2 8 is not eligible for a temporary restricted license 2 9 under this chapter may petition the court upon the 2 10 expiration of the minimum period of ineligibility for 2 11 a temporary restricted license provided for under this 2 12 section,orsection 321J.9, 321J.12,or321J.20, or 2 13 321.560, for an order to the department to require the 2 14 department to issue a temporary restricted license to 2 15 the person notwithstanding section 321.560. 2 16 b. The petition shall include a current certified 2 17 copy of the petitioner's official driving record 2 18 issued by the department. 2 19 c. Upon the filing of a petition for a temporary 2 20 restricted license under this section, the clerk of 2 21 the district court in the county where the violation 2 22 that resulted in the revocation occurred shall send 2 23 notice of the petition to the department and the 2 24 prosecuting attorney. The department and the 2 25 prosecuting attorney shall each be given an 2 26 opportunity to respond to and request a hearing on the 2 27 petition. 2 28 d. The court shall determine if the temporary 2 29 restricted license is necessary for the person to 2 30 maintain the person's present employment. However, a 2 31 temporary restricted license shall not be ordered or 2 32 issued for a violation of section 321J.2A or to a 2 33 person under the age of twenty-one whose license is 2 34 revoked under this section or section 321J.9 or 2 35 321J.12. If the court determines that the temporary 2 36 restricted license is necessary for the person to 2 37 maintain the person's present employment, and that the 2 38 minimum period of ineligibility for receipt of a 2 39 temporary license has expired, the court shall order 2 40 the department to issue to the person a temporary 2 41 restricted license conditioned upon the person's 2 42 certification to the court of the installation of 2 43 approved ignition interlock devices in all motor 2 44 vehicles that it is necessary for the person to 2 45 operate to maintain the person's present employment. 2 46 e. Section 321.561 does not apply to a person 2 47 operating a motor vehicle in the manner permitted 2 48 under this subsection. 2 49 f. If the person operates a motor vehicle which 2 50 does not have an approved ignition interlock device or 3 1 if the person tampers with or circumvents an ignition 3 2 interlock device, in addition to other penalties 3 3 provided, the person's temporary restricted license 3 4 shall be revoked. 3 5 g. A person holding a temporary restricted license 3 6 issued under this subsection shall not operate a 3 7 commercial motor vehicle, as defined in section 321.1, 3 8 on a highway if a commercial driver's license is 3 9 required for the person to operate the commercial 3 10 motor vehicle. 3 11 h. Notwithstanding any provision of this chapter 3 12 to the contrary, the court may order the department to 3 13 issue a temporary restricted license to a person 3 14 otherwise eligible for a temporary restricted license 3 15 under this subsection, whose period of revocation 3 16 under this chapter has expired, but who has not met 3 17 all requirements for reinstatement of the person's 3 18 driver's license or nonresident operating 3 19 privileges."" 3 20 #2. Page 2, by inserting after line 7 the 3 21 following: 3 22 "# . Title page, line 1, by inserting before the 3 23 word "providing" the following: "relating to drinking 3 24 drivers by providing for the issuance of temporary 3 25 restricted permits or licenses,"." 3 26 3 27 3 28 3 29 DONALD B. REDFERN 3 30 STEVE KING 3 31 HF 2511.702 78 3 32 lh/cls
Text: S05262 Text: S05264 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 29 03:35:55 CST 2000
URL: /DOCS/GA/78GA/Legislation/S/05200/S05263/000328.html
jhf