Text: HSB00081 Text: HSB00083 Text: HSB00000 - HSB00099 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 "driver's license" includes any privilege to operate a motor 2 2 vehicle. 2 3 6. "Driving" means any form of operating a motor vehicle, 2 4 whether the motor vehicle is stationary or moving. 2 5 7. "Habitual offender" means a person declared to be a 2 6 habitual offender under section 321.555. 2 7 8. "Highway" means any of the following: 2 8 a. A roadway. 2 9 b. The entire width between property lines of every way or 2 10 place of whatever nature when any part of the way or place is 2 11 open to the use of the public, as a matter of right, for 2 12 purposes of vehicular traffic. 2 13 c. A paved or other hard-surfaced sidewalk. 2 14 d. A parking lot as defined in section 321.20B. 2 15 9. "Motor vehicle" means a vehicle which is self- 2 16 propelled, but does not include vehicles known as trackless 2 17 trolleys, which are propelled by electric power obtained from 2 18 overhead trolley wires and are not operated upon rails. 2 19 10. "Nonresident operating privilege" means the privilege 2 20 conferred upon a nonresident of this state by the laws of this 2 21 state pertaining to the operation by the nonresident of a 2 22 motor vehicle, or the use of a motor vehicle owned by the 2 23 nonresident, in this state. 2 24 11. "Operator" or "driver" means a person who is in actual 2 25 physical control of a motor vehicle. 2 26 12. "Public property" means any property owned by or 2 27 leased to the United States, the state of Iowa, any other 2 28 state, any county, city, township, municipality, public school 2 29 district, political subdivision, or any department, 2 30 instrumentality, unit, agency, or interstate agency thereof, 2 31 any corporation, organization, or agency controlled by any 2 32 thereof, or any corporation, organization, or agency whose 2 33 governing body is entirely appointed or elected by any 2 34 thereof. 2 35 13. "Registration" means the certificate or certificates 3 1 and registration plates issued under the laws of this state 3 2 pertaining to the registration of motor vehicles. 3 3 14. "Roadway" means that portion of a highway improved, 3 4 designed, or ordinarily used for vehicular travel. 3 5 Sec. 2. NEW SECTION. 321S.1A DRIVING UNDER SUSPENSION IN 3 6 THE FIRST DEGREE. 3 7 1. A person commits driving under suspension in the first 3 8 degree if, while participating in an applicable felony, the 3 9 person commits a violation of section 321S.2, 321S.3, 321S.4, 3 10 or 321S.5. 3 11 2. Driving under suspension in the first degree is a class 3 12 "D" felony punishable by imprisonment and a mandatory fine of 3 13 one thousand dollars. 3 14 Sec. 3. NEW SECTION. 321S.2 DRIVING UNDER SUSPENSION IN 3 15 THE SECOND DEGREE. 3 16 1. A person commits driving under suspension in the second 3 17 degree when the person does either of the following: 3 18 a. The person is a habitual offender and operates a motor 3 19 vehicle during the period of time specified in section 321.560 3 20 for which the person shall not be issued a driver's license. 3 21 b. The person operates a motor vehicle while the driver's 3 22 license or privilege is revoked under section 321J.4, 3 23 subsection 4 or 6, or under section 707.6A, subsection 1. 3 24 2. This section shall not apply to a person operating a 3 25 motor vehicle pursuant to the terms of a valid temporary 3 26 restricted permit or temporary restricted license. 3 27 3. Driving under suspension in the second degree is an 3 28 aggravated misdemeanor punishable by imprisonment and a 3 29 mandatory fine of one thousand dollars. 3 30 Sec. 4. NEW SECTION. 321S.3 DRIVING UNDER SUSPENSION IN 3 31 THE THIRD DEGREE. 3 32 1. A person commits driving under suspension in the third 3 33 degree when the person does both of the following, or does one 3 34 of the following having been twice convicted within the 3 35 previous six years of a violation of section 321S.1A, 321S.2, 4 1 321S.4, or 321S.5, or this section, or their predecessor 4 2 statutes: 4 3 a. The person whose driver's license or registration or 4 4 nonresident's operating privilege is suspended, denied, or 4 5 revoked under chapter 321A, operates a motor vehicle during 4 6 such suspension, denial, or revocation. This paragraph shall 4 7 not apply to a person who is excepted from the security 4 8 requirement under section 321A.6, has complied with the 4 9 requirements of section 321A.7 or 321A.8, or has otherwise 4 10 complied with the proof of financial responsibility 4 11 requirements of chapter 321A. 4 12 b. The person whose driver's license or nonresident 4 13 operating privilege is suspended, denied, revoked, or barred 4 14 due to a violation of chapter 321J operates a motor vehicle 4 15 while the driver's license or privilege is suspended, denied, 4 16 revoked, or barred. This paragraph shall not apply to a 4 17 person operating a motor vehicle pursuant to the terms of a 4 18 valid temporary restricted permit or temporary restricted 4 19 license. 4 20 2. Driving under suspension in the third degree is a 4 21 serious misdemeanor punishable by imprisonment and a mandatory 4 22 fine of one thousand dollars. 4 23 Sec. 5. NEW SECTION. 321S.4 DRIVING UNDER SUSPENSION IN 4 24 THE FOURTH DEGREE. 4 25 1. A person commits driving under suspension in the fourth 4 26 degree when the person whose driver's license or nonresident 4 27 operating privilege is suspended, denied, revoked, or barred 4 28 due to a violation of chapter 321J operates a motor vehicle 4 29 while the driver's license or privilege is suspended, denied, 4 30 revoked, or barred. 4 31 2. This section shall not apply to a person operating a 4 32 motor vehicle pursuant to the terms of a valid temporary 4 33 restricted permit or temporary restricted license. 4 34 3. Driving under suspension in the fourth degree is a 4 35 simple misdemeanor punishable by imprisonment and a mandatory 5 1 fine of one thousand dollars. 5 2 Sec. 6. NEW SECTION. 321S.5 DRIVING UNDER SUSPENSION IN 5 3 THE FIFTH DEGREE. 5 4 1. A person commits driving under suspension in the fifth 5 5 degree when the person does any of the following: 5 6 a. The person whose driver's license or operating 5 7 privilege is denied, canceled, suspended, revoked, or barred 5 8 as provided in chapter 321, or as provided in section 252J.8 5 9 or 261.121, or as provided in section 901.5, subsection 10, 5 10 operates a motor vehicle upon a highway or public property 5 11 while the driver's license or privilege is denied, canceled, 5 12 suspended, revoked, or barred. This paragraph shall not apply 5 13 to a person whose driver's license or nonresident operating 5 14 privilege has been barred because the person has been 5 15 determined to be a habitual offender under chapter 321 or to a 5 16 person operating a motor vehicle pursuant to the terms of a 5 17 valid temporary restricted permit or temporary restricted 5 18 license. 5 19 b. The person operates a commercial motor vehicle upon a 5 20 highway or public property while disqualified from operating 5 21 the commercial motor vehicle under section 321.208 if a 5 22 commercial driver's license is required for the person to 5 23 operate the commercial motor vehicle. 5 24 c. The person whose driver's license or registration or 5 25 nonresident's operating privilege is suspended, denied, or 5 26 revoked under chapter 321A, operates a motor vehicle upon a 5 27 highway or public property, during such suspension, denial, or 5 28 revocation. This paragraph shall not apply to a person who is 5 29 excepted from the security requirement under section 321A.6, 5 30 has complied with the requirements of section 321A.7 or 5 31 321A.8, or has otherwise complied with the proof of financial 5 32 responsibility requirements of chapter 321A. 5 33 d. The person whose driver's license or registration or 5 34 nonresident's operating privilege is suspended, denied, or 5 35 revoked under chapter 321A, knowingly permits a motor vehicle 6 1 owned by such person to be operated by another person upon a 6 2 highway or on public property, during such suspension, denial, 6 3 or revocation, except as permitted under chapter 321A. 6 4 e. The person operates a motor vehicle upon a highway or 6 5 public property in violation of conditions of probation, 6 6 parole, pretrial release, midtrial release, posttrial release, 6 7 work release, or other release from custody in a criminal case 6 8 or juvenile delinquency proceeding. 6 9 f. The person operates a motor vehicle upon a highway or 6 10 public property while escaped from custody in a criminal case 6 11 or juvenile delinquency proceeding. 6 12 2. Driving under suspension in the fifth degree is a 6 13 simple misdemeanor punishable by imprisonment and a fine of 6 14 not less than two hundred fifty dollars nor more than one 6 15 thousand dollars. 6 16 Sec. 7. NEW SECTION. 321S.6 OPERATING COMMERCIAL MOTOR 6 17 VEHICLE WITHOUT DRIVER'S LICENSE. 6 18 A person who operates a commercial motor vehicle upon a 6 19 highway without having been issued a driver's license commits 6 20 a simple misdemeanor punishable as a scheduled violation under 6 21 section 805.8. 6 22 Sec. 8. NEW SECTION. 321S.7 OPERATING COMMERCIAL MOTOR 6 23 VEHICLE WITHOUT COMMERCIAL DRIVER'S LICENSE. 6 24 A person who operates a commercial motor vehicle upon a 6 25 highway without having been issued a driver's license valid 6 26 for the vehicle's operation commits a simple misdemeanor 6 27 punishable as a scheduled violation under section 805.5. 6 28 Sec. 9. NEW SECTION. 321S.8 OPERATING WITHOUT DRIVER'S 6 29 LICENSE. 6 30 A person, unless expressly exempted, who operates a motor 6 31 vehicle upon a highway without having been issued a driver's 6 32 license valid for the vehicle's operation commits a simple 6 33 misdemeanor punishable as a scheduled violation under section 6 34 805.8. 6 35 Sec. 10. NEW SECTION. 321S.9 OPERATING WITH EXPIRED 7 1 DRIVER'S LICENSE. 7 2 A person who operates a motor vehicle upon a highway in 7 3 this state with an expired driver's license commits a simple 7 4 misdemeanor punishable as a scheduled violation under section 7 5 805.8. 7 6 Sec. 11. NEW SECTION. 321S.10 OPERATING WITHOUT DRIVER'S 7 7 LICENSE IN POSSESSION. 7 8 1. A person shall have the person's driver's license in 7 9 immediate possession at all times when operating a motor 7 10 vehicle and shall display the driver's license upon demand of 7 11 a judicial magistrate, district associate judge, district 7 12 judge, peace officer, or examiner of the department. 7 13 2. Notwithstanding subsection 1, a person charged with 7 14 violating this section shall not be convicted if the person 7 15 produces in court, within a reasonable time, a driver's 7 16 license issued to the person that was valid for the vehicle 7 17 operated at the time of the alleged violation punishable as a 7 18 scheduled violation under section 805.8. 7 19 3. A violation of this section is a simple misdemeanor 7 20 punishment as a scheduled violation under section 850.8. 7 21 Sec. 12. NEW SECTION. 321S.11 OPERATING IN VIOLATION OF 7 22 RESTRICTIONS. 7 23 1. A person who operates a motor vehicle in any manner 7 24 that is a violation of the restrictions imposed on the person 7 25 pursuant to a restricted driver's license issued to the person 7 26 under section 321.193, or that is a violation of the 7 27 restrictions imposed on a driver's license issued to the 7 28 person by another state or foreign jurisdiction, commits a 7 29 simple misdemeanor punishable as a scheduled violation under 7 30 section 805.8. 7 31 2. For purposes of this section, a driver's license 7 32 includes an expired driver's license. 7 33 Sec. 13. NEW SECTION. 321S.30 FINES AND SENTENCING. 7 34 1. Notwithstanding the provisions of sections 901.5 and 7 35 907.3, the court shall not defer judgment or sentencing, or 8 1 suspend execution of any mandatory, minimum, or scheduled fine 8 2 for violation of this chapter, whether imposed by this chapter 8 3 or another provision. 8 4 2. Notwithstanding subsection 1, any fine in excess of a 8 5 minimum fine may be suspended by the court. 8 6 Sec. 14. NEW SECTION. 321S.31 ORDINANCES. 8 7 Violations of sections 321S.1A and 321S.2 through 321S.5 8 8 shall not be prosecuted as city, county, or other local 8 9 ordinance violations. 8 10 Sec. 15. NEW SECTION. 321S.32 APPLICABILITY OF OTHER 8 11 PROVISIONS. 8 12 Chapter 232 has no application in the prosecution of 8 13 offenses committed in violation of this chapter that are 8 14 simple misdemeanors. 8 15 Sec. 16. Section 232.8, subsection 1, paragraph b, Code 8 16 2001, is amended to read as follows: 8 17 b. Violations by a child of provisions of chapter 321, 8 18 321G, 321S, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 8 19 484B, which would be simple misdemeanors if committed by an 8 20 adult, and violations by a child of county or municipal curfew 8 21 or traffic ordinances, are excluded from the jurisdiction of 8 22 the juvenile court and shall be prosecuted as simple 8 23 misdemeanors as provided by law. A child convicted of a 8 24 violation excluded from the jurisdiction of the juvenile court 8 25 under this paragraph shall be sentenced pursuant to section 8 26 805.8, where applicable, and pursuant to section 903.1, 8 27 subsection 3, for all other violations. 8 28 Sec. 17. Section 321.174, Code 2001, is amended to read as 8 29 follows: 8 30 321.174 OPERATORS LICENSED – OPERATION OF COMMERCIAL 8 31 MOTOR VEHICLES. 8 321. A person, except those expressly exempted, shall not8 33operate any motor vehicle upon a highway in this state unless8 34the person has a driver's license issued by the department8 35valid for the vehicle's operation.9 12.A person operating a commercial motor vehicle shall not 9 2 have more than one driver's license. A nonresident may 9 3 operate a commercial motor vehicle in Iowa if the nonresident 9 4 has been issued a driver's license by another state, a 9 5 nonresident commercial driver's license, or a driver's license 9 6 issued by a foreign jurisdiction which the federal highway 9 7 administration has determined to be issued in conformity with 9 8 the federal commercial driver testing and licensing standards, 9 9 if thelicense, commercial driver's license, ordriver's 9 10 license is valid for the vehicle operated.A person who9 11operates a commercial motor vehicle upon the highways of this9 12state without having been issued a driver's license valid for9 13the vehicle operated commits a simple misdemeanor.9 143. A licensee shall have the licensee's driver's license9 15in immediate possession at all times when operating a motor9 16vehicle and shall display the same, upon demand of a judicial9 17magistrate, district associate judge, district judge, peace9 18officer, or examiner of the department. However, a person9 19charged with violating this subsection shall not be convicted9 20if the person produces in court, within a reasonable time, a9 21driver's license issued to that person and valid for the9 22vehicle operated at the time of the person's arrest or at the9 23time the person was charged with a violation of this section.9 24 Sec. 18. Section 321.176, subsection 3, Code 2001, is 9 25 amended to read as follows: 9 26 3. A nonresident operating a motor vehicle within the 9 27 legal scope of the nonresident's home state or country 9 28 driver's licenseexcept. However, a nonresident may operate a 9 29 commercial motor vehicle only in compliance with section 9 30 321.174 and not in violation of section 321S.6 or 321S.7. 9 31 Sec. 19. Section 321.193, Code 2001, is amended to read as 9 32 follows: 9 33 321.193 RESTRICTIONS ON LICENSES– PENALTY. 9 34 1. As provided by rule, the department may impose 9 35 restrictions suitable to the licensee's driving ability with 10 1 respect to the type of motor vehicle or special mechanical 10 2 control devices required on a motor vehicle which the licensee 10 3 may operate or other restrictions applicable to the licensee 10 4 as the department may determine to be appropriate. 10 5 2. The department may set forth restrictions upon the 10 6 driver's license. 10 7 3. The department may suspend or revoke the driver's 10 8 license upon receiving satisfactory evidence of any violation 10 9 of the license's restrictions. 10 10It is a misdemeanor for a person to operate a motor vehicle10 11in any manner in violation of the restrictions imposed on a10 12restricted license issued to that person under this section.10 13 Sec. 20. Section 321.213, Code 2001, is amended to read as 10 14 follows: 10 15 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO 10 16 VIOLATIONS BY JUVENILE DRIVERS. 10 17 Upon the entering of a dispositional order suspending or 10 18 revoking the driver's license or operating privileges of the 10 19 juvenile under section 232.52, subsection 2, paragraph "a", 10 20 the clerk of the juvenile court shall forward a copy of the 10 21 adjudication and the dispositional order to the department. 10 22 Notwithstanding section 232.55, a final adjudication in a 10 23 juvenile court that the child violated a provision of this 10 24 chapter or chapter 321A,or321J, or 321S constitutes a final 10 25 conviction for purposes of section 321.189, subsection 7, 10 26 paragraph "b", and sections 321.193, 321.194, 321.200, 10 27 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, 10 28and321J.4, 321S.1A, 321S.2, 321S.3, 321S.4, and 321S.5. 10 29 Sec. 21. Section 321.218, Code 2001, is amended to read as 10 30 follows: 10 31 321.218OPERATING WITHOUT VALID DRIVER'S LICENSE OR WHEN10 32DISQUALIFIED – PENALTIESADDITIONAL PERIOD OF SUSPENSION OR 10 33 REVOCATION. 10 341. A person whose driver's license or operating privilege10 35has been denied, canceled, suspended, or revoked as provided11 1in this chapter or as provided in section 252J.8 or section11 2901.5, subsection 10, and who operates a motor vehicle upon11 3the highways of this state while the license or privilege is11 4denied, canceled, suspended, or revoked, commits a simple11 5misdemeanor. In addition to any other penalties, the11 6punishment imposed for a violation of this subsection shall11 7include assessment of a fine of not less than two hundred11 8fifty dollars nor more than one thousand five hundred dollars.11 92. The sentence imposed under this section shall not be11 10suspended by the court, notwithstanding section 907.3 or any11 11other statute.11 123.1. The department, upon receiving the record of the 11 13 conviction of a person underthissectionupon a charge of11 14operating a motor vehicle while the321S.1A, 321S.2, 321S.3, 11 15 321S.4, or 321S.5, or their predecessor statutes, whose 11 16 driver's licenseof the person iswas suspended or revoked at 11 17 the time of the offense, shall, except for licenses suspended 11 18 under section 252J.8, 321.210, subsection 1, paragraph "c", 11 19 section 321.210A, 321.210B, or 321.513, extend the period of 11 20 suspension or revocation for an additional like period, and 11 21 the department shall not issue a new driver's license to the 11 22 person during the additional period. 11 23 2. If the department receivesathe record ofathe 11 24 conviction of a person underthissection 321S.1A, 321S.2, 11 25 321S.3, 321S.4, or 321S.5, or their predecessor statutes, but 11 26 the person's driving record does not indicate what the 11 27 original grounds of suspension were, the period of suspension 11 28 underthissubsection 1 shall be for a period not to exceed 11 29 six months. 11 304. A person who operates a commercial motor vehicle upon11 31the highways of this state when disqualified from operating11 32the commercial motor vehicle under section 321.208 commits a11 33serious misdemeanor if a commercial driver's license is11 34required for the person to operate the commercial motor11 35vehicle.12 15.3. a. The department, upon receiving the record ofa12 2 the conviction of a person underthissectionupon a charge of12 3operating321S.1A, 321S.2, 321S.3, 321S.4, or 321S.5, or their 12 4 predecessor statutes, whose commercial driver's license was in 12 5 fact suspended or revoked at the time of the offense, and who 12 6 was in fact operating a commercial motor vehiclewhile the12 7person is disqualifiedat the time of the offense, shall 12 8 extend the period of disqualification for an additional like 12 9 period. 12 10 b. The district court, including the magistrate division, 12 11 shall not have jurisdiction to make a finding that the person 12 12 was not operating a commercial vehicle, other than when the 12 13 issue of whether the person was operating a commercial vehicle 12 14 is directly appealed under chapter 17A. A judgment entry, 12 15 order, or verdict other than a judgment entry, order, or 12 16 verdict in an appeal under chapter 17A, containing a finding 12 17 that the person was not operating a commercial vehicle, shall 12 18 have no force or effect in the administrative proceedings. 12 19 Sec. 22. Section 321.491, unnumbered paragraphs 1 and 2, 12 20 Code 2001, are amended to read as follows: 12 21 Every district judge, district associate judge, and 12 22 judicial magistrate shall keep a full record of every case in 12 23 which a person is charged with any violation of this chapter 12 24 or of any other law regulating the operation of vehicleson12 25highways. 12 26 Within ten days after the conviction or forfeiture of bail 12 27 of a person upon a charge of violating any provision of this 12 28 chapter or other law regulating the operation of vehicles,on12 29highwaysevery magistrate of the court or clerk of the 12 30 district court of record in which the conviction occurred or 12 31 bail was forfeited shall prepare and immediately forward to 12 32 the department an abstract of the record of the case. The 12 33 abstract of the record of the case must be certified by the 12 34 person preparing it to be true and correct. A certified 12 35 abstract of the record of the case prepared for the department 13 1 shall only be available to the public from the department. A 13 2 noncertified record of conviction or forfeiture of bail shall 13 3 be available to the public from the judicial branch. The 13 4 clerk of the district court shall collect a fee of fifty cents 13 5 for each noncertified copy of any record of conviction or 13 6 forfeiture of bail furnished to any requestor except the 13 7 department or other local, state, or federal government 13 8 entity. Moneys collected under this section shall be 13 9 transferred to the department as a repayment receipt, as 13 10 defined in section 8.2, to enhance the efficiency of the 13 11 department to process records and information between the 13 12 department and the Iowa court information system. 13 13 Notwithstanding any other provision in this section or chapter 13 14 22, the judicial branch shall be the provider of public 13 15 electronic access to the clerk's records of convictions and 13 16 forfeitures of bail through the Iowa court information system 13 17 and shall, ifall such records are provided monthly to a13 18vendor, collect a fee from such vendor for the period13 19beginning on July 1, 1997, and ending on June 30, 1999, which13 20is the greater of three thousand dollars per month or the13 21actual direct cost of providing the records. On and after13 22July 1, 1999, ifall such records are provided monthly to a 13 23 vendor,the judicial branch shallcollect a fee from such 13 24 vendorwhichthat is the greater of ten thousand dollars per 13 25 month or the actual direct cost of providing the records. 13 26 Sec. 23. Section 321A.3, subsection 1, Code 2001, is 13 27 amended to read as follows: 13 28 1. The department shall upon request furnish any person a 13 29 certified abstract of the operating record of a person subject 13 30 to chapter 321, 321J, 321S, or this chapter. The abstract 13 31 shall also fully designate the motor vehicles, if any, 13 32 registered in the name of the person. If there is no record 13 33 of a conviction of the person having violated any law relating 13 34 to the operation of a motor vehicle or of any injury or damage 13 35 caused by the person, the department shall so certify. A fee 14 1 of five dollars and fifty cents shall be paid for each 14 2 abstract except for state, county, or city officials, court 14 3 officials, public transit officials, or other officials of a 14 4 political subdivision of the state. The department shall 14 5 transfer the moneys collected under this section to the 14 6 treasurer of state who shall credit to the general fund all 14 7 moneys collected. 14 8 Sec. 24. Section 321A.32, Code 2001, is amended to read as 14 9 follows: 14 10 321A.32 OTHER VIOLATIONS – PENALTIES. 14 111. Any person whose license or registration or14 12nonresident's operating privilege has been suspended, denied,14 13or revoked under this chapter or continues to remain suspended14 14or revoked under this chapter, and who, during such14 15suspension, denial, or revocation, or during such continuing14 16suspension or continuing revocation, drives any motor vehicle14 17upon any highway or knowingly permits any motor vehicle owned14 18by such person to be operated by another upon any highway,14 19except as permitted under this chapter, shall be guilty of a14 20simple misdemeanor. In addition to any other penalties, the14 21punishment imposed for a violation of this subsection shall14 22include assessment of a fine of not less than two hundred14 23fifty dollars nor more than one thousand five hundred dollars.14 242. Any1. A person who willfullyfailingfails to return 14 25 the person's driver's license or registration as required in 14 26 section 321A.31 shall be guilty of a simple misdemeanor. 14 273.2. A person who forges or, without authority, signs a 14 28 notice provided for under section 321A.5 that a policy or bond 14 29 is in effect, or any evidence of financial responsibility, or 14 30 any evidence of financial liability coverage as defined in 14 31 section 321.1, or who files or offers for filing any such 14 32 notice or evidence knowing or having reason to believe that it 14 33 is forged or signed without authority, is guilty of a serious 14 34 misdemeanor. 14 354. Any3. A person whoshall violateviolates any 15 1 provision of this chapter for which no penalty isotherwise15 2 expressly provided in this chapter or chapter 321S shall be 15 3 guilty of a serious misdemeanor. 15 4 Sec. 25. Section 321J.4, subsection 9, paragraph e, Code 15 5 2001, is amended to read as follows: 15 6 e.Section 321.561 doesSections 321S.1A, 321S.2, 321S.3, 15 7 321S.4, and 321S.5 do not apply to a person operating a motor 15 8 vehicle in the manner permitted under this subsection. 15 9 Sec. 26. Section 321J.4B, subsection 2, paragraph b, 15 10 unnumbered paragraph 3, Code 2001, is amended to read as 15 11 follows: 15 12 Impoundment of the vehicle under this section may occur in 15 13 addition to any criminal penalty imposed under chapter 321,or15 14 this chapter, or chapter 321S for the underlying criminal 15 15 offense. 15 16 Sec. 27. Section 321J.4B, subsection 5, paragraph a, 15 17 subparagraph (3), Code 2001, is amended to read as follows: 15 18 (3) A person who owns the motor vehicle and who is charged 15 19 with butisnot convicted of the violation of section321.218,15 20321.561, 321A.32,321J.2, or 321J.21,or of the violation 15 21 under chapter 321S which resulted in the impoundment or 15 22 immobilization of the motor vehicle under this section. 15 23 Sec. 28. Section 321J.21, Code 2001, is amended to read as 15 24 follows: 15 25 321J.21DRIVING WHILE LICENSE SUSPENDED, DENIED, REVOKED,15 26OR BARREDADDITIONAL PERIOD OF REVOCATION. 15 271. A person whose driver's license or nonresident15 28operating privilege has been suspended, denied, revoked, or15 29barred due to a violation of this chapter and who drives a15 30motor vehicle while the license or privilege is suspended,15 31denied, revoked, or barred commits a serious misdemeanor. In15 32addition to any other penalties, the punishment imposed for a15 33violation of this subsection shall include assessment of a15 34fine of one thousand dollars.15 352. In addition to the fine, theThe department, upon 16 1 receiving the record ofthea conviction of a person under 16 2this section upon a charge of driving a motor vehicle while16 3thesection 321S.1A, 321S.2, 321S.3, 321S.4, or 321S.5, or 16 4 their predecessor statutes, whose driver's licenseof the16 5personwas in fact suspended, denied, or revoked under this 16 6 chapter, or barred based on an underlying offense under this 16 7 chapter, shall extend the period of suspension, denial, 16 8 revocation, or bar for an additional like period, and the 16 9 department shall not issue a new driver's license during the 16 10 additional period. 16 11 Sec. 29. Section 805.6, subsection 2, Code 2001, is 16 12 amended to read as follows: 16 13 2. In addition to those violations which are required by 16 14 subsection 1 to be charged upon a uniform citation and 16 15 complaint, a violation of chapter 321 or 321S which is 16 16 punishable as a simple, serious, or aggravated misdemeanor may 16 17 be charged upon a uniform citation and complaint, whether or 16 18 not the alleged offender is arrested by the officer making the 16 19 charge. 16 20 Sec. 30. Section 805.6, subsection 2, Code 2001, is 16 21 amended by adding the following new paragraphs: 16 22 NEW PARAGRAPH. aj. For operating a commercial vehicle 16 23 without a driver's license under section 321S.6, the scheduled 16 24 fine is two hundred dollars. 16 25 NEW PARAGRAPH. ak. For operating a commercial vehicle 16 26 without a commercial driver's license under section 321S.7, 16 27 the scheduled fine is one hundred dollars. 16 28 NEW PARAGRAPH. al. For failure to have a valid driver's 16 29 license in the person's possession while operating a motor 16 30 vehicle under section 321S.10, the scheduled fine is fifty 16 31 dollars. 16 32 Sec. 31. Section 805.8, subsection 2, paragraphs f, w, and 16 33 ae, Code 2001, are amended to read as follows: 16 34 f. For violations of the conditions or restrictions of a 16 35 driver's license undersectionssection 321.180, 321.180B, 17 1321.193, and321.194, or 321S.11, the scheduled fine istwenty17 2 fifty dollars. 17 3 w. For failure to have a valid driver's licenseor permit17 4 for operating a motor vehicleon the highways of this state17 5pursuant tounder section321.174321S.8, or permitting an 17 6 unauthorized minor to drive in violation of section 321.219, 17 7 or permitting an unauthorized person to drive in violation of 17 8 section 321.220, the scheduled fine is one hundred dollars. 17 9 ae. For operating a motor vehicleon the highways of this17 10statewith an expired driver's licensepursuant tounder 17 11 section321.174A321S.9, the scheduled fine is twenty dollars. 17 12 Sec. 32. Section 805.9, subsection 1, Code 2001, is 17 13 amended to read as follows: 17 14 1. In cases of scheduled violations, the defendant, before 17 15 the time specified in the citation and complaint for 17 16 appearance before the court, may sign the admission of 17 17 violation on the citation and complaint and deliver or mail a 17 18 copy of the citation and complaint, together with the minimum 17 19 fine for the violation, plus court costs, to a scheduled 17 20 violations office in the county. The office shall, if the 17 21 offense is a moving violation under chapter 321 or a violation 17 22 under chapter 321S, forward an abstract of the citation and 17 23 complaint and admission to the state department of 17 24 transportation as required by section 321.491. In this case 17 25 the defendant is not required to appear before the court. The 17 26 admission constitutes a conviction. 17 27 Sec. 33. Section 805.16, subsection 1, Code 2001, is 17 28 amended to read as follows: 17 29 1. Except as provided in subsection 2 of this section, a 17 30 peace officer shall issue a police citation or uniform 17 31 citation and complaint, in lieu of making a warrantless 17 32 arrest, to a person under eighteen years of age accused of 17 33 committing a simple misdemeanor under chapter 321, 321A, 321G, 17 34 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local 17 35 ordinance not subject to the jurisdiction of the juvenile 18 1 court, and shall not detain or confine the person in a 18 2 facility regulated under chapter 356 or 356A. 18 3 Sec. 34. Section 809.1, subsection 3, Code 2001, is 18 4 amended to read as follows: 18 5 3. The definitions contained in subsections 1 and 2 shall 18 6 not apply to violations of chapter 321 or 321S. 18 7 Sec. 35. Section 809A.3, subsection 4, unnumbered 18 8 paragraph 1, Code 2001, is amended to read as follows: 18 9 Notwithstanding subsections 1 through 3, violations of 18 10 chapter 321,or321J, or 321S shall not be considered conduct 18 11 giving rise to forfeiture, except for violations of the 18 12 following: 18 13 Sec. 36. Sections 321.174A and 321.561, Code 2001, are 18 14 repealed. 18 15 Sec. 37. If chapter 321J is revised by this general 18 16 assembly so that new section numbering of chapter 321J does 18 17 not coincide with section numbering of chapter 321J, Code 18 18 2001, then any references in this bill to chapter 321J shall 18 19 refer to corresponding provisions of successor statutes of 18 20 references to chapter 321J, Code 2001. 18 21 EXPLANATION 18 22 This bill creates new Code chapter 321S, which includes the 18 23 following offenses, that are currently contained in Code 18 24 chapters 321, 321A, and 321J: 18 25 Driving under suspension in the first degree, a class "D" 18 26 felony, with a mandatory fine of $1,000. A class "D" felony 18 27 is also punishable by confinement for no more than five years. 18 28 The crime consists of a violation of certain other sections of 18 29 the new chapter, during the commission of an applicable 18 30 felony. Any applicable felony is defined as any felony for 18 31 which operation of a motor vehicle is not an element of the 18 32 felony. 18 33 Driving under suspension in the second degree, an 18 34 aggravated misdemeanor, with a mandatory fine of $1,000. An 18 35 aggravated misdemeanor is also punishable by confinement for 19 1 no more than two years. One of the underlying offenses for 19 2 driving under suspension in the second degree, driving while a 19 3 license is suspended for a third offense under Code chapter 19 4 321J, or for causing a death while violating Code chapter 321J 19 5 is currently a serious misdemeanor. 19 6 Driving under suspension in the third degree, a serious 19 7 misdemeanor, with a mandatory fine of $1,000. A serious 19 8 misdemeanor is also punishable by confinement for no more than 19 9 one year. 19 10 Driving under suspension in the fourth degree, a simple 19 11 misdemeanor, with a mandatory fine of $1,000. A simple 19 12 misdemeanor is also punishable by confinement for no more than 19 13 30 days. The underlying crime for driving under suspension in 19 14 the fourth degree, driving while a license is suspended under 19 15 Code chapter 321J, is currently a serious misdemeanor under 19 16 current Code section 321J.21. 19 17 Driving under suspension in the fifth degree, a simple 19 18 misdemeanor, with a fine of $250 to $1,000. A simple 19 19 misdemeanor is also punishable by confinement for no more than 19 20 30 days. Operating a commercial vehicle when disqualified, 19 21 one of the offenses within the offense of driving under 19 22 suspension in the fifth degree, is currently a serious 19 23 misdemeanor under current Code section 321.218. The fine 19 24 range of the other offenses is decreased to a maximum of 19 25 $1,000, rather than $1,500 as provided in current Code 19 26 sections 321.218 and 321A.32. The bill also criminalizes as 19 27 driving under suspension in the fifth degree the operation of 19 28 a motor vehicle in violation of a person's probation or other 19 29 conditions or while a person is escaped from custody. 19 30 Operating a commercial vehicle without having been issued a 19 31 driver's license, a simple misdemeanor, punishable by a 19 32 scheduled fine of $200 under Code section 805.8. 19 33 Operating without a commercial driver's license, a simple 19 34 misdemeanor, punishable by a $100 scheduled fine under Code 19 35 section 805.8. 20 1 Operating without a driver's license, a simple misdemeanor, 20 2 punishable by a $100 scheduled fine under Code section 805.8. 20 3 Operating with an expired driver's license, a simple 20 4 misdemeanor, punishable by a $20 scheduled fine under Code 20 5 section 805.8. 20 6 Operating without a driver's license in possession, a 20 7 simple misdemeanor, punishable by a scheduled fine of $50 20 8 under Code section 805.8. 20 9 The current penalty for the offense, contained in Code 20 10 section 321.174, is a scheduled fine of $100 under Code 20 11 section 805.8. 20 12 Operating in violation of license restrictions, a simple 20 13 misdemeanor, punishable by a scheduled fine of $50 under Code 20 14 section 805.8. The current penalty for the offense, contained 20 15 in Code section 321.193, is a $20 scheduled fine under Code 20 16 section 805.8. 20 17 The bill provides that the driving under suspension 20 18 offenses may not be prosecuted as local ordinance violations. 20 19 The bill further provides that fines may not be suspended for 20 20 any offense included within the new chapter. 20 21 The bill also contains a section, comparable to the 20 22 provision in Code section 321.482, that provides that Code 20 23 chapter 232 does not apply to simple misdemeanors under the 20 24 chapter. 20 25 The bill includes definitions of certain terms as defined 20 26 in Code chapters 321, 321A, and 321J, and adds definitions of 20 27 "applicable felony", "complaint", "highway", and "public 20 28 property". 20 29 The bill also makes corresponding revisions to and repeals 20 30 of the previous Code sections relating to these offenses in 20 31 Code chapters 232, 321, 321A, 321J, 805, 809, and 809A. 20 32 LSB 1071YC 79 20 33 nh/pj/5
Text: HSB00081 Text: HSB00083 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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