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Senate Amendment 5306

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5227, to House File 2511, as
  1  2 passed by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 5 the
  1  4 following:
  1  5    ""Section 1.  Section 123.46, Code 1999, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  3A.  a.  A peace officer shall
  1  8 make a reasonable effort to identify a person under
  1  9 the age of eighteen who violates this section, and if
  1 10 the person is not referred to juvenile court, the law
  1 11 enforcement agency of which the peace officer is an
  1 12 employee shall make a reasonable attempt to notify the
  1 13 person's custodial parent or legal guardian of the
  1 14 violation, whether or not the person is taken into
  1 15 custody, unless the officer has reasonable grounds to
  1 16 believe that notification is not in the best interests
  1 17 of the person or will endanger that person.
  1 18    b.  The peace officer shall also make a reasonable
  1 19 effort to identify the elementary or secondary school
  1 20 which the person attends if the person is enrolled in
  1 21 elementary or secondary school and to notify the
  1 22 superintendent or the superintendent's designee of the
  1 23 school which the person attends, or the authorities in
  1 24 charge of the nonpublic school which the person
  1 25 attends, of the violation.  If the person is taken
  1 26 into custody, the peace officer shall notify a
  1 27 juvenile court officer who shall make a reasonable
  1 28 effort to identify the elementary or secondary school
  1 29 the person attends, if any, and to notify the
  1 30 superintendent of the school district or the
  1 31 superintendent's designee, or the authorities in
  1 32 charge of the nonpublic school, of the violation.  A
  1 33 reasonable attempt to notify the person includes, but
  1 34 is not limited to, a telephone call or notice by
  1 35 first-class mail.
  1 36    Sec.    .  Section 321.560, Code 1999, is amended
  1 37 to read as follows:
  1 38    321.560  PERIOD OF REVOCATION.
  1 39    1.  A license to operate a motor vehicle in this
  1 40 state shall not be issued to any person declared to be
  1 41 a habitual offender under section 321.555, subsection
  1 42 1, for a period of not less than two years nor more
  1 43 than six years from the date of the final decision of
  1 44 the department under section 17A.19 or the date on
  1 45 which the district court upholds the final decision of
  1 46 the department, whichever occurs later.
  1 47    a.  However, a A temporary restricted permit may be
  1 48 issued pursuant to section 321.215, subsection 2, to a
  1 49 person declared to be a habitual offender under
  1 50 section 321.555, subsection 1, paragraph "c", pursuant
  2  1 to section 321.215, subsection 2.
  2  2    b.  A temporary restricted permit may be issued
  2  3 pursuant to section 321J.4, subsection 9, to a person
  2  4 declared to be a habitual offender due to a
  2  5 combination of the offenses listed under section
  2  6 321.555, subsection 1, paragraph "b" or "c".
  2  7    2.  A license to operate a motor vehicle in this
  2  8 state shall not be issued to any person declared to be
  2  9 a habitual offender under section 321.555, subsection
  2 10 2, for a period of one year from the date of the final
  2 11 decision of the department under section 17A.19 or the
  2 12 date on which the district court upholds the final
  2 13 decision of the department, whichever occurs later.
  2 14    3.  The department shall adopt rules under chapter
  2 15 17A which that establish a point system which shall be
  2 16 used to determine the period for which a person who is
  2 17 declared to be a habitual offender under section
  2 18 321.555, subsection 1, shall not be issued a license.
  2 19    4.  A person who is determined to be a habitual
  2 20 offender while the person's license is already revoked
  2 21 for being a habitual offender under section 321.555
  2 22 shall not be issued a license to operate a motor
  2 23 vehicle in this state for a period of not less than
  2 24 two years nor more than six years.  The revocation
  2 25 period may commence either on the date of the final
  2 26 decision of the department under section 17A.19 or the
  2 27 date on which the district court upholds the final
  2 28 decision of the department, whichever occurs later, or
  2 29 on the date the previous revocation expires.
  2 30    Sec.    .  Section 321J.4, subsection 9, Code
  2 31 Supplement 1999, is amended to read as follows:
  2 32    9.  a.  A person whose driver's license has either
  2 33 been revoked under this chapter, or revoked or
  2 34 suspended under chapter 321 solely for violations of
  2 35 this chapter, or who has been determined to be a
  2 36 habitual offender under chapter 321 based solely on
  2 37 violations of this chapter or on violations listed in
  2 38 section 321.560, subsection 1, paragraph "b", and who
  2 39 is not eligible for a temporary restricted license
  2 40 under this chapter may petition the court upon the
  2 41 expiration of the minimum period of ineligibility for
  2 42 a temporary restricted license provided for under this
  2 43 section, or section 321J.9, 321J.12, or 321J.20, or
  2 44 321.560, for an order to the department to require the
  2 45 department to issue a temporary restricted license to
  2 46 the person notwithstanding section 321.560.
  2 47    b.  The petition shall include a current certified
  2 48 copy of the petitioner's official driving record
  2 49 issued by the department.
  2 50    c.  Upon the filing of a petition for a temporary
  3  1 restricted license under this section, the clerk of
  3  2 the district court in the county where the violation
  3  3 that resulted in the revocation occurred shall send
  3  4 notice of the petition to the department and the
  3  5 prosecuting attorney.  The department and the
  3  6 prosecuting attorney shall each be given an
  3  7 opportunity to respond to and request a hearing on the
  3  8 petition.
  3  9    d.  The court shall determine if the temporary
  3 10 restricted license is necessary for the person to
  3 11 maintain the person's present employment.  However, a
  3 12 temporary restricted license shall not be ordered or
  3 13 issued for a violation of section 321J.2A or to a
  3 14 person under the age of twenty-one whose license is
  3 15 revoked under this section or section 321J.9 or
  3 16 321J.12.  If the court determines that the temporary
  3 17 restricted license is necessary for the person to
  3 18 maintain the person's present employment, and that the
  3 19 minimum period of ineligibility for receipt of a
  3 20 temporary license has expired, the court shall order
  3 21 the department to issue to the person a temporary
  3 22 restricted license conditioned upon the person's
  3 23 certification to the court of the installation of
  3 24 approved ignition interlock devices in all motor
  3 25 vehicles that it is necessary for the person to
  3 26 operate to maintain the person's present employment.
  3 27    e.  Section 321.561 does not apply to a person
  3 28 operating a motor vehicle in the manner permitted
  3 29 under this subsection.
  3 30    f.  If the person operates a motor vehicle which
  3 31 does not have an approved ignition interlock device or
  3 32 if the person tampers with or circumvents an ignition
  3 33 interlock device, in addition to other penalties
  3 34 provided, the person's temporary restricted license
  3 35 shall be revoked.
  3 36    g.  A person holding a temporary restricted license
  3 37 issued under this subsection shall not operate a
  3 38 commercial motor vehicle, as defined in section 321.1,
  3 39 on a highway if a commercial driver's license is
  3 40 required for the person to operate the commercial
  3 41 motor vehicle.
  3 42    h.  Notwithstanding any provision of this chapter
  3 43 to the contrary, the court may order the department to
  3 44 issue a temporary restricted license to a person
  3 45 otherwise eligible for a temporary restricted license
  3 46 under this subsection, whose period of revocation
  3 47 under this chapter has expired, but who has not met
  3 48 all requirements for reinstatement of the person's
  3 49 driver's license or nonresident operating privileges.
  3 50    Sec.    .  NEW SECTION.  321J.2B  PARENTAL AND
  4  1 SCHOOL NOTIFICATION – PERSONS UNDER EIGHTEEN YEARS OF
  4  2 AGE.
  4  3    1.  A peace officer shall make a reasonable effort
  4  4 to identify a person under the age of eighteen who
  4  5 violates section 321J.2 or 321J.2A, and if the person
  4  6 is not referred to juvenile court, the law enforcement
  4  7 agency of which the peace officer is an employee shall
  4  8 make a reasonable attempt to notify the person's
  4  9 custodial parent or legal guardian of the violation,
  4 10 whether or not the person is taken into custody,
  4 11 unless the officer has reasonable grounds to believe
  4 12 that notification is not in the best interests of the
  4 13 person or will endanger that person.
  4 14    2.  The peace officer shall also make a reasonable
  4 15 effort to identify the elementary or secondary school
  4 16 which the person attends if the person is enrolled in
  4 17 elementary or secondary school and to notify the
  4 18 superintendent or the superintendent's designee of the
  4 19 school which the person attends, or the authorities in
  4 20 charge of the nonpublic school which the person
  4 21 attends, of the violation.  If the person is taken
  4 22 into custody, the peace officer shall notify a
  4 23 juvenile court officer who shall make a reasonable
  4 24 effort to identify the elementary or secondary school
  4 25 the person attends, if any, and to notify the
  4 26 superintendent of the school district or the
  4 27 superintendent's designee, or the authorities in
  4 28 charge of the nonpublic school, of the violation.  A
  4 29 reasonable attempt to notify the person includes, but
  4 30 is not limited to, a telephone call or notice by
  4 31 first-class mail."
  4 32    #2.  Page 2, by striking lines 9 through 12 and
  4 33 inserting the following:
  4 34    "#   .  Title page, by striking lines 1 through 6
  4 35 and inserting the following:  "An Act relating to
  4 36 drinking driver restrictions by providing for the
  4 37 issuance of temporary restricted permits or licenses
  4 38 under certain circumstances, by providing that the
  4 39 course for drinking drivers shall be taught by
  4 40 community colleges or licensed substance abuse
  4 41 programs, and by providing for parental and school
  4 42 notification of certain violations by persons under
  4 43 eighteen years of age.""
  4 44    #3.  By renumbering as necessary.  
  4 45 
  4 46 
  4 47                               
  4 48 DONALD B. REDFERN
  4 49 
  4 50 
  5  1                               
  5  2 STEVE KING
  5  3 
  5  4 
  5  5                               
  5  6 TOM FLYNN
  5  7 HF 2511.704 78
  5  8 vl/cls
     

Text: S05305                            Text: S05307
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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