Senate Study Bill 1041
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
PUBLIC SAFETY BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to enforcement of motor vehicle law provisions
2 and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 321.1, subsection 30, Code 2003, is
1 2 amended to read as follows:
1 3 30. "Guaranteed arrest bond certificate" means any
1 4 printed, unexpired certificate issued by an automobile club or
1 5 association to any of its members, or any printed, unexpired
1 6 certificate issued by an insurance company authorized to write
1 7 automobile liability insurance within this state, which said
1 8 certificate is signed by such member or insured and contains a
1 9 printed statement that such automobile club, association, or
1 10 insurance company and a surety company which is doing business
1 11 in this state under the provisions of section 515.48,
1 12 subsection 2, guarantee the appearance of the person whose
1 13 signature appears on the certificate and that they will, in
1 14 the event of failure of such person to appear in court at the
1 15 time of trial, pay any fine or forfeiture imposed on such
1 16 person in an amount not to exceed two hundred one thousand
1 17 dollars. If such insurance company is itself qualified under
1 18 the provisions of section 515.48, subsection 2, then it the
1 19 insurance company may be its own surety. Bail in this form
1 20 shall be subject to the forfeiture and enforcement provisions
1 21 with respect to bail bonds in criminal cases as provided by
1 22 law.
1 23 Sec. 2. Section 321.218, subsection 1, Code 2003, is
1 24 amended to read as follows:
1 25 1. A person whose driver's license or operating privilege
1 26 has been denied, canceled, suspended, or revoked as provided
1 27 in this chapter or as provided in section 252J.8, 261.126, or
1 28 section 901.5, subsection 10, and who operates a motor vehicle
1 29 upon the highways of this state while the license or privilege
1 30 is denied, canceled, suspended, or revoked, commits a simple
1 31 misdemeanor. In addition to any other penalties, the
1 32 punishment imposed for a violation of this subsection shall
1 33 include assessment of a fine of not less than two hundred
1 34 fifty dollars nor more than one thousand five hundred dollars.
1 35 Sec. 3. Section 321.302, Code 2003, is amended to read as
2 1 follows:
2 2 321.302 OVERTAKING ON THE RIGHT AND OTHERWISE.
2 3 1. The Unless otherwise prohibited by law, the driver of a
2 4 vehicle on a roadway with unobstructed pavement of sufficient
2 5 width for two or more lines of traffic moving in the same
2 6 direction as the vehicle being passed may overtake and pass
2 7 upon the right of another vehicle which is making or about to
2 8 make a left turn.
2 9 2. The driver of a vehicle may overtake and, allowing
2 10 sufficient clearance, pass another vehicle proceeding in the
2 11 same direction either upon the left or upon the right on a
2 12 roadway with unobstructed pavement of sufficient width for
2 13 four or more lines of moving traffic when such movement can be
2 14 made in safety.
2 15 3. No person The driver of a vehicle shall not drive off
2 16 the pavement or upon the shoulder of the roadway or upon the
2 17 apron or roadway of an intersecting roadway in overtaking or
2 18 passing on the right or the left.
2 19 3 4. A person convicted of a violation of this section is
2 20 guilty of a simple misdemeanor punishable as a scheduled
2 21 violation under section 805.8A, subsection 6, paragraph "d".
2 22 Sec. 4. Section 321.486, subsection 1, Code 2003, is
2 23 amended to read as follows:
2 24 1. A current guaranteed arrest bond certificate as defined
2 25 in section 321.1, subsection 30 shall be considered sufficient
2 26 surety if the defendant is charged with an offense where the
2 27 penalty does not exceed two hundred one thousand dollars.
2 28 Sec. 5. Section 321K.1, subsection 1, paragraph a, Code
2 29 2003, is amended to read as follows:
2 30 a. The licensing and financial liability coverage of
2 31 operators of motor vehicles.
2 32 Sec. 6. Section 805.6, subsection 1, paragraph c,
2 33 subparagraph (3), Code 2003, is amended by striking the
2 34 subparagraph.
2 35 EXPLANATION
3 1 This bill relates to the enforcement of motor vehicle law
3 2 provisions.
3 3 Code sections 321.1 and 321.486, relating to a guaranteed
3 4 arrest bond certificate, are amended. The bill increases the
3 5 maximum amount of a guaranteed arrest bond certificate from
3 6 $200 to $1,000. A guaranteed arrest bond certificate is a
3 7 guarantee by another person that if the defendant fails to
3 8 appear in court at the time of trial, the person will pay any
3 9 fine or forfeiture not exceeding $1,000 imposed on the
3 10 defendant.
3 11 Code section 321.218, relating to suspension of a driver's
3 12 license, is amended. Current law in Code section 261.126
3 13 provides that the driver's license of a person may be
3 14 suspended if the person defaults on the person's student
3 15 loans. The bill makes it a simple misdemeanor for operating a
3 16 motor vehicle while under suspension for defaulting on student
3 17 loans.
3 18 Code section 321.302, relating to passing a motor vehicle,
3 19 is amended. The bill provides that a driver of a vehicle may
3 20 overtake and pass on the right of another vehicle which is
3 21 making a left turn only on a roadway with unobstructed
3 22 pavement of sufficient width for two or more lines of traffic
3 23 moving in the same direction as the vehicle being passed. The
3 24 bill also provides that the driver shall not drive off the
3 25 pavement or upon the shoulder of the roadway or upon the apron
3 26 or roadway of an intersecting roadway in overtaking or passing
3 27 on the right or the left.
3 28 Code section 321K.1, relating to a law enforcement agency
3 29 conducting a routine motor vehicle roadblock, is amended. In
3 30 addition to the purposes for routine roadblocks outlined in
3 31 Code section 321K.1, the bill provides that a law enforcement
3 32 agency may also check for financial liability coverage during
3 33 a routine roadblock. If a driver is unable to provide proof
3 34 of financial liability coverage, the violation is punishable
3 35 under Code section 321.20B.
4 1 Code section 805.6, relating to the uniform citation and
4 2 complaint, is amended. The bill eliminates the requirement
4 3 for an appearance bond in a motor vehicle accident that
4 4 involves damages which are less than $1,000 because an
4 5 appearance bond is already required under Code section 805.6,
4 6 subsection 1, paragraph "c", subparagraph (1), (2), or (4).
4 7 An unsecured appearance bond authorizes the court to enter a
4 8 conviction and render judgment against a defendant in the
4 9 amount of the unsecured appearance bond if the defendant fails
4 10 to appear in court.
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