Text: SSB01169 Text: SSB01171 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.212, subsection 1, paragraph a, 1 2 Code 2001, is amended by adding the following new unnumbered 1 3 paragraph: 1 4 NEW UNNUMBERED PARAGRAPH. The department shall suspend a 1 5 person's driver's license according to an order issued under 1 6 section 901.5, subsection 13, for the period specified in the 1 7 order. If the person has not been issued a driver's license, 1 8 the issuance of a driver's license shall be delayed for the 1 9 period specified in the order, which period shall begin on the 1 10 day after the person is first eligible for a driver's license. 1 11 If the person's operating privileges have been suspended or 1 12 revoked at the time the person is convicted, the suspension 1 13 period shall not begin until all other suspensions or 1 14 revocations have terminated. 1 15 Sec. 2. Section 321.215, subsection 1, unnumbered 1 16 paragraph 2, Code 2001, is amended to read as follows: 1 17 However, a temporary restricted license shall not be issued 1 18 to a person whose license is suspended or revoked pursuant to 1 19 a court order issued under section 901.5, subsection 10 or 13, 1 20 or under section 321.209, subsections 1 through 5 or 1 21 subsection 7, or to a juvenile whose license has been 1 22 suspended or revoked pursuant to a dispositional order under 1 23 section 232.52, subsection 2, paragraph "a", for a violation 1 24 of chapter 124 or 453B, or section 126.3. A temporary 1 25 restricted license may be issued to a person whose license is 1 26 revoked under section 321.209, subsection 6, only if the 1 27 person has no previous drag racing convictions. A person 1 28 holding a temporary restricted license issued by the 1 29 department under this section shall not operate a motor 1 30 vehicle for pleasure. 1 31 Sec. 3. Section 321.215, subsection 2, unnumbered 1 32 paragraph 1, Code 2001, is amended to read as follows: 1 33 Upon conviction and the suspension or revocation of a 1 34 person's noncommercial driver's license under section 321.209, 1 35 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or 2 1 upon suspension or revocation pursuant to a court order issued 2 2 under section 901.5, subsection 10 or 13; or upon the denial 2 3 of issuance of a noncommercial driver's license under section 2 4 321.560, based solely on offenses enumerated in section 2 5 321.555, subsection 1, paragraph "c", or section 321.555, 2 6 subsection 2; or a juvenile, whose license has been suspended 2 7 or revoked pursuant to a dispositional order under section 2 8 232.52, subsection 2, paragraph "a", for a violation of 2 9 chapter 124 or 453B, or section 126.3, a person may petition 2 10 the district court having jurisdiction for the residence of 2 11 the person for a temporary restricted permit to operate a 2 12 motor vehicle for the limited purpose or purposes specified in 2 13 subsection 1. The petition shall include a current certified 2 14 copy of the petitioner's official driving record issued by the 2 15 department. The application may be granted only if all of the 2 16 following criteria are satisfied: 2 17 Sec. 4. Section 321.215, subsection 2, paragraph d, Code 2 18 2001, is amended to read as follows: 2 19 d. Proof of financial responsibility is established as 2 20 defined in chapter 321A. However, such proof is not required 2 21 if the driver's license was suspended under section 321.210A, 2 22or321.513, or 901.5, subsection 13, or revoked pursuant to a 2 23 court order issued under section 901.5, subsection 10. 2 24 Sec. 5. Section 321.218, subsection 1, Code 2001, is 2 25 amended to read as follows: 2 26 1. A person whose driver's license or operating privilege 2 27 has been denied, canceled, suspended, or revoked as provided 2 28 in this chapter or as provided in section 252J.8 or section 2 29 901.5, subsection 10 or 13, and who operates a motor vehicle 2 30 upon the highways of this state while the license or privilege 2 31 is denied, canceled, suspended, or revoked, commits a simple 2 32 misdemeanor. In addition to any other penalties, the 2 33 punishment imposed for a violation of this subsection shall 2 34 include assessment of a fine of not less than two hundred 2 35 fifty dollars nor more than one thousand five hundred dollars. 3 1 Sec. 6. Section 321A.17, subsection 5, Code 2001, is 3 2 amended to read as follows: 3 3 5. An individual applying for a driver's license following 3 4 a period of suspension or revocation pursuant to a 3 5 dispositional order issued under section 232.52, subsection 2, 3 6 paragraph "a", or under section 321.180B, section 321.210, 3 7 subsection 1, paragraph "d", or section 321.210A, 321.213A, 3 8 321.213B, 321.216B, or 321.513, following a period of 3 9 suspension under section 321.194, or following a period of 3 10 suspension or revocation pursuant to a court order issued 3 11 under section 901.5, subsection 10 or 13, or under section 3 12 321J.2A, is not required to maintain proof of financial 3 13 responsibility under this section. 3 14 Sec. 7. NEW SECTION. 714.4A THEFT OF MOTOR VEHICLE FUEL 3 15 – DRIVER'S LICENSE SUSPENSION. 3 16 In addition to any sentence imposed pursuant to chapter 902 3 17 or 903 for a conviction of theft under section 714.2, if the 3 18 defendant committed the theft by driving a motor vehicle off 3 19 the premises of an establishment at which motor vehicle fuel 3 20 offered for retail sale was dispensed into the fuel tank of 3 21 the motor vehicle without payment for the motor vehicle fuel, 3 22 the defendant's driver's license shall be suspended or 3 23 issuance of a driver's license to the defendant shall be 3 24 delayed as provided in section 901.5, subsection 13. 3 25 Sec. 8. Section 901.5, Code 2001, is amended by adding the 3 26 following new subsection: 3 27 NEW SUBSECTION. 13. In addition to any sentence imposed 3 28 pursuant to chapter 902 or 903 for a conviction of theft under 3 29 section 714.2, if the defendant committed the theft by driving 3 30 a motor vehicle off the premises of an establishment at which 3 31 motor vehicle fuel offered for retail sale was dispensed into 3 32 the fuel tank of the motor vehicle without payment for the 3 33 motor vehicle fuel, the court shall proceed in the following 3 34 manners: 3 35 a. For a first conviction of theft under the facts 4 1 described in this subsection, the court may order the state 4 2 department of transportation to suspend the defendant's 4 3 driver's license or motor vehicle operating privilege, or to 4 4 delay the issuance of a driver's license if the defendant has 4 5 not been issued a driver's license, for a period of up to 4 6 thirty days. 4 7 b. For a second or subsequent conviction of theft under 4 8 the facts described in this subsection, the court shall order 4 9 the state department of transportation to suspend the 4 10 defendant's driver's license or motor vehicle operating 4 11 privilege, or to delay the issuance of a driver's license if 4 12 the defendant has not been issued a driver's license, for a 4 13 period of thirty days. 4 14 The court shall send a copy of an order entered under this 4 15 subsection, in addition to a notice of the person's conviction 4 16 of theft under section 714.2, to the state department of 4 17 transportation. If the person's operating privileges are 4 18 suspended or revoked at the time of sentencing, the order 4 19 shall provide that the suspension period shall not begin until 4 20 all other suspensions or revocations have terminated. An 4 21 order under this subsection shall also provide that the 4 22 department shall not issue a temporary restricted license to 4 23 the defendant during the suspension period, without further 4 24 order by the court. 4 25 EXPLANATION 4 26 This bill amends Code section 901.5 by providing for the 4 27 suspension or delay of issuance of a defendant's driver's 4 28 license pursuant to a court order for a conviction of theft if 4 29 the defendant committed the theft by driving a motor vehicle 4 30 off the premises of an establishment at which motor vehicle 4 31 fuel offered for retail sale was dispensed into the fuel tank 4 32 of the motor vehicle without payment for the motor vehicle 4 33 fuel. In addition to a sentence of a fine or imprisonment, 4 34 the court may order the state department of transportation to 4 35 suspend the defendant's driver's license or delay issuance of 5 1 a license for up to 30 days for a first offense. The court is 5 2 required to order a suspension or delay of 30 days for a 5 3 second offense. 5 4 A suspension under the new provision is not to begin until 5 5 any suspension or revocation of the person's operating 5 6 privileges that is in place at the time of sentencing 5 7 terminates. The state department of transportation shall not 5 8 issue a temporary restricted license to the defendant during 5 9 the suspension period, without further order by the court. 5 10 The bill provides that the proof of motor vehicle financial 5 11 responsibility requirements of Code chapter 321A do not apply 5 12 if a person has had the person's driver's license suspended 5 13 under the new provision. 5 14 The bill also provides that a person whose driver's license 5 15 or operating privilege has been suspended under the new 5 16 provision, and who operates a motor vehicle upon the highways 5 17 of this state while the license or privilege is suspended, 5 18 commits a simple misdemeanor. A simple misdemeanor is 5 19 punishable by confinement for no more than 30 days or a fine 5 20 of at least $50 but not more than $500 or by both. 5 21 LSB 2472SC 79 5 22 nh/gg/8
Text: SSB01169 Text: SSB01171 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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