Text: SF00345 Text: SF00347 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 offenseand each1 11subsequent 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 thirdor1 29subsequentviolation 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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