Text: HSB00689                          Text: HSB00691
Text: HSB00600 - HSB00699               Text: HSB Index
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House Study Bill 690

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.4, subsections 2 and 4, Code
  1  2 Supplement 2003, are amended to read as follows:
  1  3    2.  If a defendant is convicted of a violation of section
  1  4 321J.2, and the defendant's driver's license or nonresident
  1  5 operating privilege has not already been revoked under section
  1  6 321J.9 or 321J.12 for the occurrence from which the arrest
  1  7 arose, the department shall revoke the defendant's driver's
  1  8 license or nonresident operating privilege for two years if
  1  9 the defendant has had a previous conviction or revocation
  1 10 under this chapter.  The defendant shall not be eligible for
  1 11 any temporary restricted license for the lesser of one year or
  1 12 the minimum period of suspension required by the federal Safe,
  1 13 Accountable, Flexible, and Efficient Transportation Equity Act
  1 14 of 2003, if enacted, after the effective date of revocation.
  1 15 The defendant shall be ordered to install an ignition
  1 16 interlock device of a type approved by the commissioner of
  1 17 public safety on all vehicles owned by the defendant if the
  1 18 defendant seeks a temporary restricted license at the end of
  1 19 the minimum period of ineligibility.  A temporary restricted
  1 20 license shall not be granted by the department until the
  1 21 defendant installs the ignition interlock device.
  1 22    4.  Upon a plea or verdict of guilty of a third or
  1 23 subsequent violation of section 321J.2, the court shall order
  1 24 the department to revoke the defendant's driver's license or
  1 25 nonresident operating privilege for a period of six years.
  1 26 The defendant shall not be eligible for a temporary restricted
  1 27 license for at least the lesser of one year or the minimum
  1 28 period of suspension required by the federal Safe,
  1 29 Accountable, Flexible, and Efficient Transportation Equity Act
  1 30 of 2003, if enacted, after the effective date of the
  1 31 revocation.  The court shall require the defendant to
  1 32 surrender to it all Iowa licenses or permits held by the
  1 33 defendant, which the court shall forward to the department
  1 34 with a copy of the order for revocation.  The defendant shall
  1 35 be ordered to install an ignition interlock device of a type
  2  1 approved by the commissioner of public safety on all vehicles
  2  2 owned by the defendant if the defendant seeks a temporary
  2  3 restricted license at the end of the minimum period of
  2  4 ineligibility.  A temporary restricted license shall not be
  2  5 granted by the department until the defendant installs the
  2  6 ignition interlock device.
  2  7    Sec. 2.  Section 321J.9, subsection 2, paragraph a, Code
  2  8 2003, is amended to read as follows:
  2  9    a.  A person whose driver's license or nonresident
  2 10 operating privileges are revoked under subsection 1, paragraph
  2 11 "a", shall not be eligible for a temporary restricted license
  2 12 for at least ninety days after the effective date of the
  2 13 revocation.  A person whose driver's license or nonresident
  2 14 operating privileges are revoked under subsection 1, paragraph
  2 15 "b", shall not be eligible for a temporary restricted license
  2 16 for at least the lesser of one year or the minimum period of
  2 17 suspension required by the federal Safe, Accountable,
  2 18 Flexible, and Efficient Transportation Equity Act of 2003, if
  2 19 enacted, after the effective date of the revocation.
  2 20    Sec. 3.  Section 321J.12, subsection 1, paragraph b, Code
  2 21 Supplement 2003, is amended to read as follows:
  2 22    b.  One The lesser of one year or the minimum period of
  2 23 suspension required by the federal Safe, Accountable,
  2 24 Flexible, and Efficient Transportation Equity Act of 2003, if
  2 25 enacted, if the person has had a previous revocation under
  2 26 this chapter.
  2 27    Sec. 4.  Section 321J.12, subsection 2, paragraph d, Code
  2 28 Supplement 2003, is amended to read as follows:
  2 29    d.  A person whose license or privileges have been revoked
  2 30 under subsection 1, paragraph "b", for one year shall not be
  2 31 eligible for any temporary restricted license for the lesser
  2 32 of one year or the minimum period of suspension required by
  2 33 the federal Safe, Accountable, Flexible, and Efficient
  2 34 Transportation Equity Act of 2003, if enacted, after the
  2 35 effective date of the revocation, and the person shall be
  3  1 ordered to install an ignition interlock device of a type
  3  2 approved by the commissioner of public safety on all vehicles
  3  3 owned or operated by the defendant if the defendant seeks a
  3  4 temporary restricted license at the end of the minimum period
  3  5 of ineligibility.  A temporary restricted license shall not be
  3  6 granted by the department until the defendant installs the
  3  7 ignition interlock device.  
  3  8                           EXPLANATION
  3  9    This bill relates to license revocations for repeat
  3 10 offenders of Iowa's operating-while-intoxicated law.
  3 11    The bill provides that a defendant previously convicted of
  3 12 a violation of Code section 321J.2, Iowa's operating-while-
  3 13 intoxicated law, shall not be eligible for a temporary
  3 14 restricted license for the lesser of one year or as specified
  3 15 under certain federal highway funding legislation.
  3 16    The bill provides that a person, including a person under
  3 17 the age of 21, who refuses to submit to chemical testing under
  3 18 Code section 321J.9, and who has had a previous revocation
  3 19 under Code section 321J.2 or 321J.2A, shall not be eligible
  3 20 for a temporary restricted license for the lesser of one year
  3 21 or as specified under certain federal highway funding
  3 22 legislation.
  3 23    The bill provides that a person who is in violation of Code
  3 24 section 321J.2, who fails a chemical test under Code section
  3 25 321J.12, and who has had a previous revocation under Code
  3 26 section 321J.2, shall not be eligible for a temporary
  3 27 restricted license for the lesser of one year or as specified
  3 28 under certain federal highway funding legislation.  
  3 29 LSB 6320YC 80
  3 30 rh/pj/5
     

Text: HSB00689                          Text: HSB00691
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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