Text: HF00367 Text: HF00369 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.209, Code 2001, is amended to read 1 2 as follows: 1 3 321.209 MANDATORY REVOCATION. 1 4 1. The department, upon thirty days' notice and without 1 5 preliminary hearing, shall revoke the license or operating 1 6 privilege of an operator upon receiving a record of the 1 7 operator's conviction for any of the following offenses, when 1 8 such conviction has become final: 1 91.a. Manslaughter resulting from the operation of a motor 1 10 vehicle. 1 112.b. A felony if during the commission of the felony a 1 12 motor vehicle is used. 1 133.c. Failure to stop and render aid as required under the 1 14 laws of this state in the event of a motor vehicle accident 1 15 resulting in the death or personal injury of another. 1 164.d. Perjury or the making of a false affidavit or 1 17 statement under oath to the department under this chapter or 1 18 under any other law relating to the ownership or operation of 1 19 motor vehicles. 1 205.e. Conviction, or forfeiture of bail not vacated, upon 1 21 two charges of reckless driving. 1 226.f. Conviction of drag racing. 1 237.g. Eluding or attempting to elude a law enforcement 1 24 vehicle as provided in section 321.279. 1 25 2. If a person whose driver's license has been revoked 1 26 pursuant to this section is not convicted of the charge, upon 1 27 record entry of disposition of the charge, the clerk of the 1 28 district court shall forward a notice including the name and 1 29 address of the party charged, the registration number of the 1 30 vehicle involved, the nature of the offense charged by 1 31 indictment or information, the date of the filing of the 1 32 indictment or information, and the disposition of the charge 1 33 to the department. Upon receipt of the notice from the clerk, 1 34 the department shall automatically rescind the revocation and 1 35 reinstate the person's driver's license without payment of any 2 1 charge or penalty. 2 2 Sec. 2. Section 321.210, Code 2001, is amended by adding 2 3 the following new subsection: 2 4 NEW SUBSECTION. 3. If a person whose driver's license has 2 5 been suspended pursuant to this section is not convicted of 2 6 the charge, upon record entry of disposition of the charge, 2 7 the clerk of the district court shall forward a notice 2 8 including the name and address of the party charged, the 2 9 registration number of the vehicle involved, the nature of the 2 10 offense charged by indictment or information, the date of the 2 11 filing of the indictment or information, and the disposition 2 12 of the charge to the department. Upon receipt of the notice 2 13 from the clerk, the department shall automatically rescind the 2 14 suspension and reinstate the person's driver's license without 2 15 payment of any charge or penalty. 2 16 Sec. 3. Section 321.212, subsection 1, paragraphs b and c, 2 17 Code 2001, are amended to read as follows: 2 18 b. The department shall not revoke a license underthe2 19provisions ofsection 321.209, subsection51, paragraph "e" 2 20of section 321.209for more than thirty days nor less than 2 21 five days as recommended by the trial court. 2 22 c. The department shall revoke a license for six months 2 23 for a first offense underthe provisions ofsection 321.209, 2 24 subsection61, paragraph "f", where the violation charged did 2 25 not result in a personal injury or damage to property. 2 26 Sec. 4. Section 321.215, subsection 1, unnumbered 2 27 paragraph 2, Code 2001, is amended to read as follows: 2 28 However, a temporary restricted license shall not be issued 2 29 to a person whose license is revoked pursuant to a court order 2 30 issued under section 901.5, subsection 10, or under section 2 31 321.209,subsections 1 through 5 orsubsection71, paragraphs 2 32 "a" through "e" or paragraph "g", or to a juvenile whose 2 33 license has been suspended or revoked pursuant to a 2 34 dispositional order under section 232.52, subsection 2, 2 35 paragraph "a", for a violation of chapter 124 or 453B, or 3 1 section 126.3. A temporary restricted license may be issued 3 2 to a person whose license is revoked under section 321.209, 3 3 subsection61, paragraph "f", only if the person has no 3 4 previous drag racing convictions. A person holding a 3 5 temporary restricted license issued by the department under 3 6 this section shall not operate a motor vehicle for pleasure. 3 7 Sec. 5. Section 321.215, subsection 2, unnumbered 3 8 paragraph 1, Code 2001, is amended to read as follows: 3 9 Upon conviction and the suspension or revocation of a 3 10 person's noncommercial driver's license under section 321.209, 3 11 subsection5 or 61, paragraph "e" or "f"; section 321.210; 3 12 321.210A; or 321.513; or upon revocation pursuant to a court 3 13 order issued under section 901.5, subsection 10; or upon the 3 14 denial of issuance of a noncommercial driver's license under 3 15 section 321.560, based solely on offenses enumerated in 3 16 section 321.555, subsection 1, paragraph "c", or section 3 17 321.555, subsection 2; or a juvenile, whose license has been 3 18 suspended or revoked pursuant to a dispositional order under 3 19 section 232.52, subsection 2, paragraph "a", for a violation 3 20 of chapter 124 or 453B, or section 126.3, a person may 3 21 petition the district court having jurisdiction for the 3 22 residence of the person for a temporary restricted permit to 3 23 operate a motor vehicle for the limited purpose or purposes 3 24 specified in subsection 1. The petition shall include a 3 25 current certified copy of the petitioner's official driving 3 26 record issued by the department. The application may be 3 27 granted only if all of the following criteria are satisfied: 3 28 Sec. 6. Section 321.560, Code 2001, is amended by adding 3 29 the following new subsection: 3 30 NEW SUBSECTION. 5. If a person whose driver's license has 3 31 been revoked as described in this section is not convicted of 3 32 the charge, upon record entry of disposition of the charge, 3 33 the clerk of the district court shall forward a notice 3 34 including the name and address of the party charged, the 3 35 registration number of the vehicle involved, the nature of the 4 1 offense charged by indictment or information, the date of the 4 2 filing of the indictment or information, and the disposition 4 3 of the charge to the department. Upon receipt of the notice 4 4 from the clerk, the department shall automatically rescind the 4 5 revocation and reinstate the person's driver's license without 4 6 payment of any charge or penalty. 4 7 Sec. 7. Section 321J.13, subsection 6, paragraph b, Code 4 8 2001, is amended by adding the following new subparagraphs: 4 9 NEW SUBPARAGRAPH. (3) That the defendant is not guilty on 4 10 the charge of violation of section 321J.2 or 321J.2A resulting 4 11 from the same circumstances that resulted in the 4 12 administrative revocation. 4 13 NEW SUBPARAGRAPH. (4) That the case is otherwise subject 4 14 to dismissal by the court. 4 15 Sec. 8. Section 321J.13, subsection 6, paragraph c, Code 4 16 2001, is amended to read as follows: 4 17 c.Such a holdingHoldings by the court in the criminal 4 18 actionisare binding on the department, and the. 4 19 d. The department shall rescindthe revocationrevocations 4 20 in accordance with this section. 4 21 Sec. 9. Section 321J.13, Code 2001, is amended by adding 4 22 the following new subsection: 4 23 NEW SUBSECTION. 7. If a person whose driver's license has 4 24 been revoked pursuant to section 321J.9 or 321J.12 is not 4 25 convicted of the charge, upon record entry of disposition of 4 26 the charge, the clerk of the district court shall forward a 4 27 notice including the name and address of the party charged, 4 28 the registration number of the vehicle involved, the nature of 4 29 the offense charged by indictment or information, the date of 4 30 the filing of the indictment or information, and the 4 31 disposition of the charge to the department. Upon receipt of 4 32 the notice from the clerk, the department shall automatically 4 33 rescind the revocation and reinstate the person's driver's 4 34 license without payment of any charge or penalty. 4 35 EXPLANATION 5 1 This bill amends Code section 321J.13, relating to recision 5 2 of an administrative revocation of a driver's license for an 5 3 operating while intoxicated (OWI) offense, and other 5 4 provisions in Code chapters 321 and 321J relating to driver's 5 5 license revocations and suspensions. 5 6 Code section 321J.13 presently requires the state 5 7 department of transportation to rescind the administration 5 8 revocation when the court determines that the stop was 5 9 unreasonable or the chemical test was invalid or inadmissible. 5 10 The bill specifies that the department shall also rescind the 5 11 revocation when the defendant is acquitted or the case is 5 12 otherwise dismissed by the court. The bill also specifies 5 13 that holdings by the court in the criminal action are binding 5 14 on the department, and that the department shall rescind 5 15 revocations in accordance with Code section 321J.13. 5 16 The bill also requires the department to rescind any 5 17 revocation or suspension under Code chapter 321 or 321J if the 5 18 person is not convicted of the underlying charge leading to 5 19 the revocation or recision. The bill requires the clerk of 5 20 court, similar to requirements under Code section 321.210D 5 21 when a person is acquitted of vehicular homicide charges, to 5 22 notify the department of the disposition of the case and 5 23 certain other information. Upon receipt of such notice, the 5 24 department must rescind the revocation or recision related to 5 25 the charge. 5 26 LSB 2927HH 79 5 27 nh/cf/24
Text: HF00367 Text: HF00369 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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