Senate File 202 - Introduced



                                       SENATE FILE       
                                       BY  LAMBERTI


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

                                      A BILL FOR

  1 An Act prohibiting the running of license revocation and
  2    ineligibility periods for defendants confined in operating=
  3    while=intoxicated cases.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1765SS 81
  6 rh/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  321J.4A  LICENSE REVOCATION OR
  1  2 INELIGIBILITY PERIOD FOR INCARCERATED OFFENDERS.
  1  3    1.  A license revocation time period imposed pursuant to
  1  4 section 321J.2 or 321J.4 shall not run during a defendant's
  1  5 term of confinement in a county jail, prison, or other
  1  6 correctional institution or facility for a violation of
  1  7 section 321J.2 or 321J.4 and such license revocation time
  1  8 period shall not run again until the defendant's term of
  1  9 confinement is completed.  This section shall also apply to
  1 10 the minimum time period of ineligibility for a temporary
  1 11 restricted license imposed pursuant to section 321J.2 or
  1 12 321J.4.
  1 13    2.  The department shall adopt rules pursuant to chapter
  1 14 17A governing the administration and enforcement of this
  1 15 section.
  1 16    Sec. 2.  Section 901.5, Code 2005, is amended by adding the
  1 17 following new subsection:
  1 18    NEW SUBSECTION.  10A.  The court shall order that a license
  1 19 revocation time period imposed pursuant to section 321J.2 or
  1 20 321J.4 not run during a defendant's term of confinement in a
  1 21 county jail, prison, or other correctional institution or
  1 22 facility.  Any order imposed under this subsection shall also
  1 23 apply to the minimum time period of ineligibility for a
  1 24 temporary restricted license.
  1 25                           EXPLANATION
  1 26    This bill relates to license revocation and ineligibility
  1 27 time periods for a defendant confined for an operating=while=
  1 28 intoxicated case.
  1 29    The bill prohibits a license revocation time period imposed
  1 30 for a defendant's operating=while=intoxicated conviction from
  1 31 running while the defendant is confined in a county jail,
  1 32 prison, or other correctional institution or facility.  The
  1 33 bill provides that the prohibition on running also applies to
  1 34 a minimum time period of ineligibility for a temporary
  1 35 restricted license.
  2  1    The bill requires the department of transportation to adopt
  2  2 rules governing the administration and enforcement of the
  2  3 bill.
  2  4 LSB 1765SS 81
  2  5 rh:rj/pj/5