House Amendment 1318


PAG LIN




     1  1    Amend the amendment, H=1095, to House File 320 as
     1  2 follows:
     1  3 #1.  Page 2, by striking lines 4 through 7 and
     1  4 inserting the following:
     1  5    <Sec.    .  Section 321J.4B, subsection 2, Code
     1  6 2007, is amended to read as follows:
     1  7    2.  A motor vehicle is subject to impoundment in
     1  8 the following circumstances:
     1  9    a.  If a person operates a vehicle in violation of
     1 10 section 321J.2, and if is convicted for that conduct,
     1 11 the conviction would be a second or subsequent offense
     1 12 under section 321J.2.
     1 13    b.  If a person operates a vehicle while that
     1 14 person's driver's license or operating privilege has
     1 15 been suspended, denied, revoked, or barred due to a
     1 16 violation of section 321J.2.
     1 17    The clerk of court shall send notice of a
     1 18 conviction of an offense for which the vehicle was
     1 19 impounded to the impounding authority upon conviction
     1 20 of the defendant for such offense.
     1 21    Impoundment of the vehicle under this section may
     1 22 shall occur in addition to any criminal penalty
     1 23 imposed under chapter 321 or this chapter for the
     1 24 underlying criminal offense.
     1 25    Sec.    .  Section 321J.4B, subsection 3,
     1 26 unnumbered paragraph 1, Code 2007, is amended to read
     1 27 as follows:
     1 28    The motor vehicle operated by the person in the
     1 29 commission of any offense included in subsection 2 may
     1 30 shall be immediately impounded or immobilized in
     1 31 accordance with this section.
     1 32    Sec.    .  Section 321J.4B, subsection 5, paragraph
     1 33 b, unnumbered paragraph 1, Code 2007, is amended to
     1 34 read as follows:
     1 35    Upon conviction of the defendant for a violation of
     1 36 subsection 2, paragraph "a", the court may shall order
     1 37 continued impoundment, or the immobilization, of the
     1 38 motor vehicle used in the commission of the offense,
     1 39 if the convicted person is the owner of the motor
     1 40 vehicle, and shall specify all of the following in the
     1 41 order:>>
     1 42 #2.  Page 2, line 16, by inserting after the word
     1 43 <barred> the following:  <or who is convicted of an
     1 44 operating=while=intoxicated offense>.
     1 45
     1 46
     1 47                               
     1 48 PAULSEN of Linn
     1 49 HF 320.301 82
     1 50 rh/cf/7828

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