Senate File 346
SENATE FILE
BY PUTNEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to repeat operating a motor vehicle while
2 intoxicated violations and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2474SS 80
5 rh/cf/24
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