Text: SF00345                           Text: SF00347
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Senate File 346

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.560, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  5.  This section shall not apply to any
  1  4 person whose license or nonresident operating privilege has
  1  5 been permanently revoked pursuant to section 321J.4,
  1  6 subsection 4A.
  1  7    Sec. 2.  Section 321J.2, subsection 2, paragraph c,
  1  8 unnumbered paragraph 1, Code 2003, is amended to read as
  1  9 follows:
  1 10    A class "D" felony for a third or fourth offense and each
  1 11 subsequent offense, and shall be committed to the custody of
  1 12 the director of the department of corrections for an
  1 13 indeterminate term not to exceed five years, shall be confined
  1 14 for a mandatory minimum term of thirty days, and shall be
  1 15 assessed a fine of not less than two thousand five hundred
  1 16 dollars nor more than seven thousand five hundred dollars.
  1 17    Sec. 3.  Section 321J.2, subsection 2, Code 2003, is
  1 18 amended by adding the following new paragraph:
  1 19    NEW PARAGRAPH.  d.  A class "C" felony for a fifth offense
  1 20 and each subsequent offense, and shall be committed to the
  1 21 custody of the director of the department of corrections for
  1 22 an indeterminate term not to exceed ten years, shall be
  1 23 confined for a mandatory minimum term of sixty days, and shall
  1 24 be assessed a fine of not less than three thousand five
  1 25 hundred dollars but not more than ten thousand dollars.
  1 26    Sec. 4.  Section 321J.4, subsection 4, Code 2003, is
  1 27 amended to read as follows:
  1 28    4.  Upon a plea or verdict of guilty of a third or
  1 29 subsequent violation of section 321J.2, the court shall order
  1 30 the department to revoke the defendant's driver's license or
  1 31 nonresident operating privilege for a period of six years.
  1 32 The defendant shall not be eligible for a temporary restricted
  1 33 license for at least one year after the effective date of the
  1 34 revocation.  The court shall require the defendant to
  1 35 surrender to it all Iowa licenses or permits held by the
  2  1 defendant, which the court shall forward to the department
  2  2 with a copy of the order for revocation.  The defendant shall
  2  3 be ordered to install an ignition interlock device of a type
  2  4 approved by the commissioner of public safety on all vehicles
  2  5 owned by the defendant if the defendant seeks a temporary
  2  6 restricted license at the end of the minimum period of
  2  7 ineligibility.  A temporary restricted license shall not be
  2  8 granted by the department until the defendant installs the
  2  9 ignition interlock device.
  2 10    Sec. 5.  Section 321J.4, Code 2003, is amended by adding
  2 11 the following new subsection:
  2 12    NEW SUBSECTION.  4A.  Upon a plea or verdict of guilty of a
  2 13 fourth violation of section 321J.2, the court shall order the
  2 14 department to permanently revoke the defendant's driver's
  2 15 license or nonresident operating privilege.  The defendant
  2 16 shall not be eligible for a temporary restricted license.  The
  2 17 court shall require the defendant to surrender to it all Iowa
  2 18 licenses or permits held by the defendant, which the court
  2 19 shall forward to the department with a copy of the order for
  2 20 permanent revocation.
  2 21    Sec. 6.  Section 321J.4, subsection 9, Code 2003, is
  2 22 amended by adding the following new paragraph:
  2 23    NEW PARAGRAPH.  i.  This subsection shall not apply to any
  2 24 person whose license or nonresident operating privilege has
  2 25 been permanently revoked pursuant to subsection 4A.
  2 26    Sec. 7.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 27 3, shall not apply to this Act.  
  2 28                           EXPLANATION
  2 29    This bill relates to repeat operating a motor vehicle while
  2 30 intoxicated (OWI) violations.
  2 31    The bill creates a new criminal penalty for a person who
  2 32 violates Iowa's OWI law a fifth time.  The bill provides that
  2 33 a person in violation of this bill commits a class "C" felony
  2 34 and shall be committed to the custody of the director of the
  2 35 department of corrections for an indeterminate term not to
  3  1 exceed 10 years, shall be confined for a mandatory minimum
  3  2 term of 60 days, and shall be assessed a fine of not less than
  3  3 $3,500 but not more than $10,000.
  3  4    The bill further provides that a person who commits a
  3  5 fourth offense OWI shall be subject to permanent license
  3  6 revocation, with no eligibility for a temporary restricted
  3  7 license.  The bill exempts this fourth offense permanent
  3  8 license revocation from Code provisions related to the
  3  9 issuance of temporary restrictive licenses.
  3 10    The bill may include a state mandate as defined in Code
  3 11 section 25B.3.  The bill makes inapplicable Code section
  3 12 25B.2, subsection 3, which would relieve a political
  3 13 subdivision from complying with a state mandate if funding for
  3 14 the cost of the state mandate is not provided or specified.
  3 15 Therefore, political subdivisions are required to comply with
  3 16 any state mandate included in the bill.  
  3 17 LSB 2474SS 80
  3 18 rh/cf/24.2
     

Text: SF00345                           Text: SF00347
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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