Text: HSB00689 Text: HSB00691 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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of section 1 4 321J.2, and the defendant's driver's license or nonresident 1 5 operating privilege has not already been revoked under section 1 6 321J.9 or 321J.12 for the occurrence from which the arrest 1 7 arose, the department shall revoke the defendant's driver's 1 8 license or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 forat leastthe 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 forat leastthe 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.OneThe 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 yearshall 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
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Feb 27 03:30:37 CST 2004
URL: /DOCS/GA/80GA/Legislation/HSB/00600/HSB00690/040226.html
jhf