Senate File 2148
PAG LIN
1 1 SENATE FILE 2148
1 2
1 3 AN ACT
1 4 RELATING TO THE MOTOR VEHICLE OPERATING PRIVILEGES OF A
1 5 PERSON CONVICTED OF MOTOR FUEL THEFT FROM A RETAIL
1 6 DEALER.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 321.215, subsection 1, unnumbered
1 11 paragraph 2, Code 2003, is amended to read as follows:
1 12 However, a temporary restricted license shall not be issued
1 13 to a person whose license is revoked pursuant to a court order
1 14 issued under section 901.5, subsection 10, or under section
1 15 321.209, subsections 1 through 5 or subsection 7, or to a
1 16 juvenile whose license has been suspended or revoked pursuant
1 17 to a dispositional order under section 232.52, subsection 2,
1 18 paragraph "a", for a violation of chapter 124 or 453B, or
1 19 section 126.3, or to a person whose license has been suspended
1 20 pursuant to a court order under section 714.7C. A temporary
1 21 restricted license may be issued to a person whose license is
1 22 revoked under section 321.209, subsection 6, only if the
1 23 person has no previous drag racing convictions. A person
1 24 holding a temporary restricted license issued by the
1 25 department under this section shall not operate a motor
1 26 vehicle for pleasure.
1 27 Sec. 2. Section 321.215, subsection 2, unnumbered
1 28 paragraph 1, Code 2003, is amended to read as follows:
1 29 Upon conviction and the suspension or revocation of a
1 30 person's noncommercial driver's license under section 321.209,
1 31 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or
1 32 upon revocation pursuant to a court order issued under section
1 33 901.5, subsection 10; or upon the denial of issuance of a
1 34 noncommercial driver's license under section 321.560, based
1 35 solely on offenses enumerated in section 321.555, subsection
2 1 1, paragraph "c", or section 321.555, subsection 2; or a
2 2 juvenile, whose license has been suspended or revoked pursuant
2 3 to a dispositional order under section 232.52, subsection 2,
2 4 paragraph "a", for a violation of chapter 124 or 453B, or
2 5 section 126.3,; or upon suspension of a driver's license
2 6 pursuant to a court order under section 714.7C, a person may
2 7 petition the district court having jurisdiction over the
2 8 residence of the person for a temporary restricted license to
2 9 operate a motor vehicle for the limited purpose or purposes
2 10 specified in subsection 1. The petition shall include a
2 11 current certified copy of the petitioner's official driving
2 12 record issued by the department. The application may be
2 13 granted only if all of the following criteria are satisfied:
2 14 Sec. 3. NEW SECTION. 714.7C RETAIL MOTOR FUEL.
2 15 Upon conviction of a person under section 714.2, subsection
2 16 5, for theft of motor fuel from a retail dealer as defined in
2 17 section 214A.1, the court may order the state department of
2 18 transportation to suspend the driver's license or nonresident
2 19 operating privilege of the convicted person for up to thirty
2 20 days in lieu of, or in addition to, a fine or imprisonment.
2 21
2 22
2 23
2 24 JEFFREY M. LAMBERTI
2 25 President of the Senate
2 26
2 27
2 28
2 29 CHRISTOPHER C. RANTS
2 30 Speaker of the House
2 31
2 32 I hereby certify that this bill originated in the Senate and
2 33 is known as Senate File 2148, Eightieth General Assembly.
2 34
2 35
3 1
3 2 MICHAEL E. MARSHALL
3 3 Secretary of the Senate
3 4 Approved , 2004
3 5
3 6
3 7
3 8 THOMAS J. VILSACK
3 9 Governor