House File 535 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for increased driver's license sanctions for a
2 person under twenty=one years of age who is convicted of
3 vehicular homicide.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2537HH 82
6 dea/es/88
PAG LIN
1 1 Section 1. Section 321.210D, subsection 4, Code 2007, is
1 2 amended to read as follows:
1 3 4. Upon receiving a record of conviction under section
1 4 321.206, for a violation of section 707.6A, subsection 1 or 2,
1 5 and upon revocation of the person's license or operating
1 6 privileges under section 321.209, the suspension under
1 7 subsection 2 shall automatically terminate in favor of the
1 8 revocation. If the conviction is for a violation of section
1 9 707.6A, subsection 2, and the defendant is under twenty=one
1 10 years of age, the period of revocation shall be at least until
1 11 the defendant reaches twenty=one years of age, and the
1 12 defendant shall not be eligible for a temporary restricted
1 13 license until the defendant reaches twenty=one years of age.
1 14 Sec. 2. Section 321.210D, Code 2007, is amended by adding
1 15 the following new subsection:
1 16 NEW SUBSECTION. 5. Upon receiving a record of conviction
1 17 under section 321.206 of a person under twenty=one years of
1 18 age for a violation of section 707.6A, subsection 3, and upon
1 19 revocation of the defendant's license or operating privileges
1 20 under section 321.209, the period of revocation shall be at
1 21 least until the defendant reaches twenty=one years of age, and
1 22 the defendant shall not be eligible for a temporary restricted
1 23 license until the defendant reaches twenty=one years of age.
1 24 Sec. 3. Section 321.215, subsection 1, unnumbered
1 25 paragraph 2, Code 2007, is amended to read as follows:
1 26 However, a temporary restricted license shall not be issued
1 27 to a person whose license is revoked pursuant to a court order
1 28 issued under section 901.5, subsection 10, or under section
1 29 321.209, subsections 1 through 5 or subsection 7; to a
1 30 juvenile whose license has been suspended or revoked pursuant
1 31 to a dispositional order under section 232.52, subsection 2,
1 32 paragraph "a", for a violation of chapter 124 or 453B or
1 33 section 126.3; to a juvenile whose license has been suspended
1 34 under section 321.213B; or to a person whose license has been
1 35 suspended pursuant to a court order under section 714.7D; or
2 1 to a person under twenty=one years of age whose license has
2 2 been revoked pursuant to section 321.210D except as provided
2 3 in that section. A temporary restricted license may be issued
2 4 to a person whose license is revoked under section 321.209,
2 5 subsection 6, only if the person has no previous drag racing
2 6 convictions. A person holding a temporary restricted license
2 7 issued by the department under this section shall not operate
2 8 a motor vehicle for pleasure.
2 9 Sec. 4. Section 707.6A, subsection 1, paragraph a, Code
2 10 2007, is amended to read as follows:
2 11 a. Order the state department of transportation to revoke
2 12 the defendant's driver's license or nonresident operating
2 13 privileges for a period of six years. The defendant shall
2 14 surrender to the court any Iowa license or permit and the
2 15 court shall forward the license or permit to the department
2 16 with a copy of the revocation order. The defendant shall not
2 17 be eligible for a temporary restricted license for at least
2 18 two years after the revocation. If the defendant is under
2 19 twenty=one years of age, the revocation period shall be the
2 20 longer of six years or until the defendant reaches twenty=one
2 21 years of age, and the defendant shall not be eligible for a
2 22 temporary restricted license for at least two years or until
2 23 the defendant reaches twenty=one years of age, whichever
2 24 occurs later.
2 25 EXPLANATION
2 26 This bill provides that when the department revokes the
2 27 driver's license of a person under 21 years of age upon
2 28 conviction of vehicular homicide, the period of revocation
2 29 shall be at least until the person reaches age 21, and the
2 30 person shall not be eligible for a temporary restricted
2 31 license until the person reaches age 21. The same
2 32 restrictions apply for a person under age 21 whose driver's
2 33 license is revoked by the court upon conviction of vehicular
2 34 homicide connected with operating while intoxicated.
2 35 LSB 2537HH 82
3 1 dea:nh/es/88