House File 2502 H-8504 Amend House File 2502 as follows: 1 1. Page 13, after line 22 by inserting: 2 < DIVISION ___ 3 REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS 4 Sec. ___. Section 124.412, Code 2018, is amended to read as 5 follows: 6 124.412 Notice of conviction. 7 If a person enters a plea of guilty to, or forfeits bail 8 or collateral deposited to secure the person’s appearance in 9 court, and such forfeiture is not vacated, or if a person 10 is found guilty upon an indictment or information alleging a 11 violation of this chapter , a copy of the minutes attached to 12 the indictment returned by the grand jury, or to the county 13 attorney’s information, a copy of the judgment and sentence, 14 and a copy of the opinion of the judge if one is filed, shall 15 be sent by the clerk of the district court or the judge to 16 the state department of transportation and to any state board 17 or officer by whom the convicted person has been licensed or 18 registered to practice the person’s profession or carry on 19 the person’s business. On the conviction of a person, the 20 court may suspend or revoke the license or registration of the 21 convicted defendant to practice the defendant’s profession 22 or carry on the defendant’s business. On the application of 23 a person whose license or registration has been suspended or 24 revoked, and upon proper showing and for good cause, the board 25 or officer may reinstate the license or registration. 26 Sec. ___. Section 321.212, subsection 1, paragraph d, Code 27 2018, is amended by striking the paragraph. 28 Sec. ___. Section 321.215, subsection 1, paragraph b, Code 29 2018, is amended to read as follows: 30 b. However, a temporary restricted license shall not be 31 issued to a person whose license is revoked pursuant to a court 32 order issued under section 901.5, subsection 10 , or under 33 section 321.209, subsections 1 through 5 or subsection 7 ; to a 34 juvenile whose license has been suspended or revoked pursuant 35 -1- HF2502.5811 (1) 87 tm/rn 1/ 4 #1.
to a dispositional order under section 232.52, subsection 1 2 , paragraph “a” , for a violation of chapter 124 or 453B or 2 section 126.3 ; to a juvenile whose license has been suspended 3 under section 321.213B ; or to a person whose license has been 4 suspended pursuant to a court order under section 714.7D . A 5 temporary restricted license may be issued to a person whose 6 license is revoked under section 321.209, subsection 6 , only 7 if the person has no previous drag racing convictions. A 8 person holding a temporary restricted license issued by the 9 department under this section shall not operate a motor vehicle 10 for pleasure. 11 Sec. ___. Section 321.215, subsection 2, unnumbered 12 paragraph 1, Code 2018, is amended to read as follows: 13 Upon conviction and the suspension or revocation of a 14 person’s noncommercial driver’s license under section 321.209, 15 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; 16 or upon revocation pursuant to a court order issued under 17 section 901.5, subsection 10 ; or upon the denial of issuance 18 of a noncommercial driver’s license under section 321.560 , 19 based solely on offenses enumerated in section 321.555, 20 subsection 1 , paragraph “c” , or section 321.555, subsection 21 2 ; or upon suspension or revocation of a juvenile’s driver’s 22 license pursuant to a dispositional order under section 232.52, 23 subsection 2 , paragraph “a” , for a violation of chapter 124 24 or 453B , or section 126.3 ; or upon suspension of a driver’s 25 license pursuant to a court order under section 714.7D , the 26 person may apply to the department for a temporary restricted 27 license to operate a motor vehicle for the limited purpose or 28 purposes specified in subsection 1 . The application may be 29 granted only if all of the following criteria are satisfied: 30 Sec. ___. Section 321.215, subsection 2, paragraph c, Code 31 2018, is amended to read as follows: 32 c. Proof of financial responsibility is established as 33 defined in chapter 321A . However, such proof is not required 34 if the driver’s license was suspended under section 321.210A 35 -2- HF2502.5811 (1) 87 tm/rn 2/ 4
or 321.513 or revoked pursuant to a court order issued under 1 section 901.5, subsection 10 . 2 Sec. ___. Section 321.218, subsection 1, Code 2018, is 3 amended to read as follows: 4 1. A person whose driver’s license or operating privilege 5 has been denied, canceled, suspended, or revoked as provided 6 in this chapter or as provided in section 252J.8 or section 7 901.5, subsection 10 , and who operates a motor vehicle upon 8 the highways of this state while the license or privilege 9 is denied, canceled, suspended, or revoked, commits a 10 simple misdemeanor. In addition to any other penalties, the 11 punishment imposed for a violation of this subsection shall 12 include assessment of a fine of not less than two hundred fifty 13 dollars nor more than one thousand five hundred dollars. 14 Sec. ___. Section 321A.17, subsection 4, Code 2018, is 15 amended to read as follows: 16 4. An individual applying for a driver’s license following a 17 period of suspension or revocation pursuant to a dispositional 18 order issued under section 232.52, subsection 2 , paragraph 19 “a” , or under section 321.180B , section 321.210, subsection 20 1 , paragraph “a” , subparagraph (4), or section 321.210A , 21 321.213A , 321.213B , 321.216B , or 321.513 , following a period 22 of suspension or revocation under section 321.178 or 321.194 , 23 or following a period of revocation pursuant to a court order 24 issued under section 901.5, subsection 10 , or under section 25 321J.2A , is not required to maintain proof of financial 26 responsibility under this section . 27 Sec. ___. Section 901.5, subsection 10, Code 2018, is 28 amended by striking the subsection. 29 Sec. ___. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s 30 driver’s license suspended or revoked pursuant to section 31 901.5, subsection 10, prior to the effective date of this 32 division of this Act, shall be reinstated, if the defendant is 33 otherwise eligible for a driver’s license. 34 Sec. ___. CONTINGENT EFFECTIVE DATE. This division of this 35 -3- HF2502.5811 (1) 87 tm/rn 3/ 4
Act takes effect on the date the governor submits to the United 1 States secretary of transportation a written certification 2 that the governor is opposed to the enforcement in this state 3 of a law described in 23 U.S.C. §159(a)(3)(A) and a written 4 certification that the general assembly has adopted a joint 5 resolution expressing its opposition to the same, in accordance 6 with 23 U.S.C. §159(a)(3)(B). The office of the governor shall 7 notify the Code editor upon submission of the certifications 8 described in this section. > 9 2. Title page, line 4, after < date, > by inserting 10 < contingent effective date, > 11 ______________________________ HINSON of Linn -4- HF2502.5811 (1) 87 tm/rn 4/ 4 #2.