Text: HSB00096 Text: HSB00098 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 30, Code 2003, is 1 2 amended to read as follows: 1 3 30. "Guaranteed arrest bond certificate" means any 1 4 printed, unexpired certificate issued by an automobile club or 1 5 association to any of its members, or any printed, unexpired 1 6 certificate issued by an insurance company authorized to write 1 7 automobile liability insurance within this state, whichsaid1 8 certificate is signed by such member or insured and contains a 1 9 printed statement that such automobile club, association, or 1 10 insurance company and a surety company which is doing business 1 11 in this state under the provisions of section 515.48, 1 12 subsection 2, guarantee the appearance of the person whose 1 13 signature appears on the certificate and that they will, in 1 14 the event of failure of such person to appear in court at the 1 15 time of trial, pay any fine or forfeiture imposed on such 1 16 person in an amount not to exceedtwo hundredone thousand 1 17 dollars. If such insurance company is itself qualified under 1 18 the provisions of section 515.48, subsection 2,then itthe 1 19 insurance company may be its own surety. Bail in this form 1 20 shall be subject to the forfeiture and enforcement provisions 1 21 with respect to bail bonds in criminal cases as provided by 1 22 law. 1 23 Sec. 2. Section 321.218, subsection 1, Code 2003, is 1 24 amended to read as follows: 1 25 1. A person whose driver's license or operating privilege 1 26 has been denied, canceled, suspended, or revoked as provided 1 27 in this chapter or as provided in section 252J.8, 261.126, or 1 28 section 901.5, subsection 10, and who operates a motor vehicle 1 29 upon the highways of this state while the license or privilege 1 30 is denied, canceled, suspended, or revoked, commits a simple 1 31 misdemeanor. In addition to any other penalties, the 1 32 punishment imposed for a violation of this subsection shall 1 33 include assessment of a fine of not less than two hundred 1 34 fifty dollars nor more than one thousand five hundred dollars. 1 35 Sec. 3. Section 321.302, Code 2003, is amended to read as 2 1 follows: 2 2 321.302 OVERTAKINGON THE RIGHTAND OTHERWISE. 2 3 1.TheUnless otherwise prohibited by law, the driver of a 2 4 vehicle on a roadway with unobstructed pavement of sufficient 2 5 width for two or more lines of traffic moving in the same 2 6 direction as the vehicle being passed may overtake and pass 2 7 upon the right of another vehicle which is making or about to 2 8 make a left turn. 2 9 2. The driver of a vehicle may overtake and, allowing 2 10 sufficient clearance, pass another vehicle proceeding in the 2 11 same direction either upon the left or upon the right on a 2 12 roadway with unobstructed pavement of sufficient width for 2 13 four or more lines of moving traffic when such movement can be 2 14 made in safety. 2 15 3.No personThe driver of a vehicle shall not drive off 2 16 the pavement or upon the shoulder of the roadway or upon the 2 17 apron or roadway of an intersecting roadway in overtaking or 2 18 passing on the right or the left. 2 1934. A person convicted of a violation of this section is 2 20 guilty of a simple misdemeanor punishable as a scheduled 2 21 violation under section 805.8A, subsection 6, paragraph "d". 2 22 Sec. 4. Section 321.486, subsection 1, Code 2003, is 2 23 amended to read as follows: 2 24 1. A current guaranteed arrest bond certificate as defined 2 25 in section 321.1, subsection 30 shall be considered sufficient 2 26 surety if the defendant is charged with an offense where the 2 27 penalty does not exceedtwo hundredone thousand dollars. 2 28 Sec. 5. Section 321K.1, subsection 1, paragraph a, Code 2 29 2003, is amended to read as follows: 2 30 a. The licensing and financial liability coverage of 2 31 operators of motor vehicles. 2 32 Sec. 6. Section 805.6, subsection 1, paragraph c, 2 33 subparagraph (3), Code 2003, is amended by striking the 2 34 subparagraph. 2 35 EXPLANATION 3 1 This bill relates to the enforcement of motor vehicle law 3 2 provisions. 3 3 Code sections 321.1 and 321.486, relating to a guaranteed 3 4 arrest bond certificate, are amended. The bill increases the 3 5 maximum amount of a guaranteed arrest bond certificate from 3 6 $200 to $1,000. A guaranteed arrest bond certificate is a 3 7 guarantee by another person that if the defendant fails to 3 8 appear in court at the time of trial, the person will pay any 3 9 fine or forfeiture not exceeding $1,000 imposed on the 3 10 defendant. 3 11 Code section 321.218, relating to suspension of a driver's 3 12 license, is amended. Current law in Code section 261.126 3 13 provides that the driver's license of a person may be 3 14 suspended if the person defaults on the person's student 3 15 loans. The bill makes it a simple misdemeanor for operating a 3 16 motor vehicle while under suspension for defaulting on student 3 17 loans. 3 18 Code section 321.302, relating to passing a motor vehicle, 3 19 is amended. The bill provides that a driver of a vehicle may 3 20 overtake and pass on the right of another vehicle which is 3 21 making a left turn only on a roadway with unobstructed 3 22 pavement of sufficient width for two or more lines of traffic 3 23 moving in the same direction as the vehicle being passed. The 3 24 bill also provides that the driver shall not drive off the 3 25 pavement or upon the shoulder of the roadway or upon the apron 3 26 or roadway of an intersecting roadway in overtaking or passing 3 27 on the right or the left. 3 28 Code section 321K.1, relating to a law enforcement agency 3 29 conducting a routine motor vehicle roadblock, is amended. In 3 30 addition to the purposes for routine roadblocks outlined in 3 31 Code section 321K.1, the bill provides that a law enforcement 3 32 agency may also check for financial liability coverage during 3 33 a routine roadblock. If a driver is unable to provide proof 3 34 of financial liability coverage, the violation is punishable 3 35 under Code section 321.20B. 4 1 Code section 805.6, relating to the uniform citation and 4 2 complaint, is amended. The bill eliminates the requirement 4 3 for an appearance bond in a motor vehicle accident that 4 4 involves damages which are less than $1,000 because an 4 5 appearance bond is already required under Code section 805.6, 4 6 subsection 1, paragraph "c", subparagraph (1), (2), or (4). 4 7 An unsecured appearance bond authorizes the court to enter a 4 8 conviction and render judgment against a defendant in the 4 9 amount of the unsecured appearance bond if the defendant fails 4 10 to appear in court. 4 11 LSB 1034DP 80 4 12 jm/cf/24.1
Text: HSB00096 Text: HSB00098 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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