House Study Bill 179



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to sanctioning the motor vehicle operating
  2    privileges of a person upon a second or subsequent conviction
  3    for motor fuel theft from a retail dealer.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2521HC 81
  6 dea/pj/5

PAG LIN



  1  1    Section 1.  Section 321.215, subsection 1, unnumbered
  1  2 paragraph 2, Code 2005, is amended to read as follows:
  1  3    However, a temporary restricted license shall not be issued
  1  4 to a person whose license is revoked pursuant to a court order
  1  5 issued under section 901.5, subsection 10, or under section
  1  6 321.209, subsections 1 through 5 or subsection 7, or to a
  1  7 juvenile whose license has been suspended or revoked pursuant
  1  8 to a dispositional order under section 232.52, subsection 2,
  1  9 paragraph "a", for a violation of chapter 124 or 453B, or
  1 10 section 126.3, or to a person whose license has been suspended
  1 11 pursuant to a court order under section 714.7D.  A temporary
  1 12 restricted license may be issued to a person whose license is
  1 13 revoked under section 321.209, subsection 6, only if the
  1 14 person has no previous drag racing convictions.  A person
  1 15 holding a temporary restricted license issued by the
  1 16 department under this section shall not operate a motor
  1 17 vehicle for pleasure.
  1 18    Sec. 2.  Section 321.215, subsection 2, unnumbered
  1 19 paragraph 1, Code 2005, is amended to read as follows:
  1 20    Upon conviction and the suspension or revocation of a
  1 21 person's noncommercial driver's license under section 321.209,
  1 22 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or
  1 23 upon revocation pursuant to a court order issued under section
  1 24 901.5, subsection 10; or upon the denial of issuance of a
  1 25 noncommercial driver's license under section 321.560, based
  1 26 solely on offenses enumerated in section 321.555, subsection
  1 27 1, paragraph "c", or section 321.555, subsection 2; or a
  1 28 juvenile, whose license has been suspended or revoked pursuant
  1 29 to a dispositional order under section 232.52, subsection 2,
  1 30 paragraph "a", for a violation of chapter 124 or 453B, or
  1 31 section 126.3,; or upon suspension of a driver's license
  1 32 pursuant to a court order under section 714.7D, a person may
  1 33 petition the district court having jurisdiction over the
  1 34 residence of the person for a temporary restricted license to
  1 35 operate a motor vehicle for the limited purpose or purposes
  2  1 specified in subsection 1.  The petition shall include a
  2  2 current certified copy of the petitioner's official driving
  2  3 record issued by the department.  The application may be
  2  4 granted only if all of the following criteria are satisfied:
  2  5    Sec. 3.  NEW SECTION.  714.7D  RETAIL MOTOR FUEL.
  2  6    Upon a second or subsequent conviction of a person under
  2  7 section 714.2, subsection 5, for theft of motor fuel from a
  2  8 retail dealer as defined in section 214A.1, the court may
  2  9 order the state department of transportation to suspend the
  2 10 driver's license or nonresident operating privilege of the
  2 11 convicted person for up to thirty days in lieu of, or in
  2 12 addition to, a fine or imprisonment.
  2 13                           EXPLANATION
  2 14    This bill provides that a court may order suspension of a
  2 15 person's driver's license or nonresident operating privilege
  2 16 in lieu of, or in addition to, any other penalty which may be
  2 17 imposed, upon a second or subsequent conviction for theft of
  2 18 motor fuel not exceeding $200 in value from a retail dealer.
  2 19 In a case of extreme hardship, the person whose driver's
  2 20 license was ordered suspended may petition the district court
  2 21 which has jurisdiction over the person's residence for a
  2 22 temporary restricted license to drive from the person's home
  2 23 to specified places involving employment, health care,
  2 24 education, substance abuse treatment, or court=ordered
  2 25 community service.  Such a temporary restricted license
  2 26 applies only for noncommercial motor vehicle operation.
  2 27    Under current law, theft of property not exceeding $200 in
  2 28 value is a simple misdemeanor, punishable by a fine of at
  2 29 least $50 but not more than $500, or by imprisonment for no
  2 30 more than 30 days, or by both.
  2 31 LSB 2521HC 81
  2 32 dea:nh/pj/5