House File 320 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON TRANSPORTATION

                                       (SUCCESSOR TO HF 87)


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

                                      A BILL FOR

  1 An Act relating to the revocation of a person's driver's license
  2    or nonresident operating privilege for a defendant who has had
  3    a previous conviction or revocation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1567HV 82
  6 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 321J.4, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  If a defendant is convicted of a violation of section
  1  4 321J.2, and the defendant's driver's license or nonresident
  1  5 operating privilege has not already been revoked under section
  1  6 321J.9 or 321J.12 for the occurrence from which the arrest
  1  7 arose, the department shall revoke the defendant's driver's
  1  8 license or nonresident operating privilege for two years one
  1  9 year if the defendant has had a previous conviction or
  1 10 revocation under this chapter and submitted to chemical
  1 11 testing, but for two years if the defendant refused to submit
  1 12 to chemical testing.  The defendant shall not be eligible for
  1 13 any temporary restricted license for one year after the
  1 14 effective date of revocation.  The defendant shall be ordered
  1 15 to install an ignition interlock device of a type approved by
  1 16 the commissioner of public safety on all vehicles owned by the
  1 17 defendant if the defendant seeks a temporary restricted
  1 18 license at the end of the minimum period of ineligibility.  A
  1 19 temporary restricted license shall not be granted by the
  1 20 department until the defendant installs the ignition interlock
  1 21 device.
  1 22                           EXPLANATION
  1 23    This bill amends Code section 321J.4, relating to the
  1 24 revocation of a defendant's driver's license or nonresident
  1 25 operating privilege where the defendant has had a previous
  1 26 operating=while=intoxicated conviction or revocation under
  1 27 Code chapter 321J.  The bill specifies that a defendant who
  1 28 has had such a previous conviction or revocation who submitted
  1 29 to chemical testing shall be subject to a one=year driver's
  1 30 license or nonresident operating privilege revocation period.
  1 31 However, if the defendant refused to submit to chemical
  1 32 testing, the defendant shall be subject to a two=year
  1 33 revocation period.  This change is consistent with the
  1 34 revocation periods contained in Code sections 321J.9 and
  1 35 321J.12.
  2  1 LSB 1567HV 82
  2  2 rh:nh/gg/14