Text: HF02022 Text: HF02024 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.210E DRIVE-OFF MOTOR FUEL
1 2 THEFT – LICENSE SUSPENSION.
1 3 A person who drives a motor vehicle off the premises of an
1 4 establishment at which motor fuel intended for retail sale was
1 5 dispensed into the fuel tank of the motor vehicle, without
1 6 making appropriate payment for the dispensed fuel, shall be
1 7 subject to driver's license sanctions in addition to any
1 8 criminal penalties. Upon conviction of a person for an
1 9 offense under chapter 714 committed as described in this
1 10 section, the county attorney shall direct the clerk of the
1 11 district court to notify the department of the name and
1 12 address of the person. The department, upon thirty days'
1 13 notice and without preliminary hearing, shall suspend the
1 14 driver's license of the person as follows:
1 15 1. For a first offense, the suspension shall be for sixty
1 16 days, and the person shall not be eligible for a temporary
1 17 restricted license during the first thirty days of the period
1 18 of suspension.
1 19 2. For a second offense, the suspension shall be for
1 20 ninety days, and the person shall not be eligible for a
1 21 temporary restricted license during the first sixty days of
1 22 the period of suspension.
1 23 3. For a third offense, or any subsequent offense, the
1 24 suspension shall be for one hundred eighty days, and the
1 25 person shall not be eligible for a temporary restricted
1 26 license during the first ninety days of the period of
1 27 suspension.
1 28 Sec. 2. Section 321.215, subsection 1, unnumbered
1 29 paragraph 2, Code 2003, is amended to read as follows:
1 30 However, a temporary restricted license shall not be issued
1 31 to a person whose license is revoked pursuant to a court order
1 32 issued under section 901.5, subsection 10, or under section
1 33 321.209, subsections 1 through 5 or subsection 7, or to a
1 34 juvenile whose license has been suspended or revoked pursuant
1 35 to a dispositional order under section 232.52, subsection 2,
2 1 paragraph "a", for a violation of chapter 124 or 453B, or
2 2 section 126.3. A temporary restricted license may be issued
2 3 to a person whose license is revoked under section 321.209,
2 4 subsection 6, only if the person has no previous drag racing
2 5 convictions. A temporary restricted license shall not be
2 6 issued to a person whose license has been suspended under
2 7 section 321.210E until the person meets the applicable
2 8 eligibility requirement prescribed in section 321.210E,
2 9 subsection 1, 2, or 3. A person holding a temporary
2 10 restricted license issued by the department under this section
2 11 shall not operate a motor vehicle for pleasure.
2 12 EXPLANATION
2 13 This bill provides that a person who drives a vehicle off
2 14 the premises of a retail establishment without paying for
2 15 motor fuel dispensed into the vehicle is subject to driver's
2 16 license suspension in addition to any criminal penalty. For
2 17 the first such offense, the license suspension is for 60 days,
2 18 and the person is not eligible for a temporary restricted
2 19 license during the first 30 days of the suspension period.
2 20 For a second offense, the license suspension is for 90 days,
2 21 and the person is not eligible for a temporary restricted
2 22 license for the first 60 days. For a third or any subsequent
2 23 offense, the license suspension is for 180 days, and the
2 24 person is not eligible for a temporary restricted license
2 25 during the first 90 days.
2 26 LSB 5156HH 80
2 27 dea/sh/8
Text: HF02022 Text: HF02024 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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