Text: SF00314 Text: SF00316 Text: SF00300 - SF00399 Text: SF 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 321.302, Code 2003, is amended to read as 1 24 follows: 1 25 321.302 OVERTAKINGON THE RIGHTAND OTHERWISE. 1 26 1.TheUnless otherwise prohibited by law, the driver of a 1 27 vehicle on a roadway with unobstructed pavement of sufficient 1 28 width for two or more lines of traffic moving in the same 1 29 direction as the vehicle being passed may overtake and pass 1 30 upon the right of another vehicle which is making or about to 1 31 make a left turn when such movement can be made in safety. 1 32 2.TheUnless otherwise prohibited by law, the driver of a 1 33 vehicle may overtake and, allowing sufficient clearance, pass 1 34 another vehicle proceeding in the same direction either upon 1 35 the left or upon the right on a roadway with unobstructed 2 1 pavement of sufficient width for four or more lines of moving 2 2 traffic when such movement can be made in safety. 2 3 3.No personThe driver of a vehicle shall not drive off 2 4 the pavement or upon the shoulder of the roadway or upon the 2 5 apron or roadway of an intersecting roadway in overtaking or 2 6 passing on the right or the left. 2 734. A person convicted of a violation of this section is 2 8 guilty of a simple misdemeanor punishable as a scheduled 2 9 violation under section 805.8A, subsection 6, paragraph "d". 2 10 Sec. 3. Section 321.486, subsection 1, Code 2003, is 2 11 amended to read as follows: 2 12 1. A current guaranteed arrest bond certificate as defined 2 13 in section 321.1, subsection 30 shall be considered sufficient 2 14 surety if the defendant is charged with an offense where the 2 15 penalty does not exceedtwo hundredone thousand dollars. 2 16 Sec. 4. Section 321K.1, Code 2003, is amended by adding 2 17 the following new subsection: 2 18 NEW SUBSECTION. 3. A law enforcement agency conducting a 2 19 roadblock in accordance with this section may require the 2 20 driver to provide proof of financial liability coverage 2 21 required under section 321.20B. 2 22 Sec. 5. Section 805.6, subsection 1, paragraph c, 2 23 subparagraph (3), Code 2003, is amended by striking the 2 24 subparagraph. 2 25 EXPLANATION 2 26 This bill relates to the enforcement of motor vehicle law 2 27 provisions. 2 28 Code sections 321.1 and 321.486, relating to a guaranteed 2 29 arrest bond certificate, are amended. The bill increases the 2 30 maximum amount of a guaranteed arrest bond certificate from 2 31 $200 to $1,000. A guaranteed arrest bond certificate is a 2 32 guarantee by another person that if the defendant fails to 2 33 appear in court at the time of trial, the person will pay any 2 34 fine or forfeiture not exceeding $1,000 imposed on the 2 35 defendant. 3 1 Code section 321.302, relating to passing a motor vehicle, 3 2 is amended. The bill provides that a driver of a vehicle may, 3 3 if done so in a safe manner, overtake and pass on the right of 3 4 another vehicle, which is making a left turn, on a roadway 3 5 with unobstructed pavement of sufficient width for two or more 3 6 lines of traffic moving in the same direction as the vehicle 3 7 being passed. The bill also provides that the driver shall 3 8 not drive off the pavement or upon the shoulder of the roadway 3 9 or upon the apron or roadway of an intersecting roadway in 3 10 overtaking or passing on the right or the left. 3 11 Code section 321K.1, relating to a law enforcement agency 3 12 conducting a routine motor vehicle roadblock, is amended. In 3 13 addition to the purposes for routine roadblocks outlined in 3 14 Code section 321K.1, the bill provides that a law enforcement 3 15 agency may also check for financial liability coverage during 3 16 a routine roadblock. If a driver is unable to provide proof 3 17 of financial liability coverage, the violation is punishable 3 18 under Code section 321.20B. 3 19 Code section 805.6, relating to the uniform citation and 3 20 complaint, is amended. The bill eliminates the requirement 3 21 for an appearance bond in a motor vehicle accident that 3 22 involves damages which are less than $1,000 because an 3 23 appearance bond is already required under Code section 805.6, 3 24 subsection 1, paragraph "c", subparagraph (1), (2), or (4). 3 25 An unsecured appearance bond authorizes the court to enter a 3 26 conviction and render judgment against a defendant in the 3 27 amount of the unsecured appearance bond if the defendant fails 3 28 to appear in court. 3 29 LSB 1034SV 80 3 30 jm/cf/24
Text: SF00314 Text: SF00316 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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