House File 886 - Introduced
HOUSE FILE
BY COMMITTEE ON LABOR
(SUCCESSOR TO HSB 272)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to revoking the driver's license or motor vehicle
2 operating privileges of persons convicted of a controlled
3 substance offense.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2341HV 82
6 jm/je/5
PAG LIN
1 1 Section 1. Section 321.212, subsection 1, paragraph d,
1 2 Code 2007, is amended by striking the paragraph.
1 3 Sec. 2. Section 321.215, subsection 1, unnumbered
1 4 paragraph 2, Code 2007, is amended to read as follows:
1 5 However, a temporary restricted license shall not be issued
1 6 to a person whose license is revoked pursuant to a court order
1 7 issued under section 901.5, subsection 10, or under section
1 8 321.209, subsections 1 through 5 or subsection 7; to a
1 9 juvenile whose license has been suspended or revoked pursuant
1 10 to a dispositional order under section 232.52, subsection 2,
1 11 paragraph "a", for a violation of chapter 124 or 453B or
1 12 section 126.3; to a juvenile whose license has been suspended
1 13 under section 321.213B; or to a person whose license has been
1 14 suspended pursuant to a court order under section 714.7D. A
1 15 temporary restricted license may be issued to a person whose
1 16 license is revoked under section 321.209, subsection 6, only
1 17 if the person has no previous drag racing convictions. A
1 18 person holding a temporary restricted license issued by the
1 19 department under this section shall not operate a motor
1 20 vehicle for pleasure.
1 21 Sec. 3. Section 321.215, subsection 2, unnumbered
1 22 paragraph 1, Code 2007, is amended to read as follows:
1 23 Upon conviction and the suspension or revocation of a
1 24 person's noncommercial driver's license under section 321.209,
1 25 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or
1 26 upon revocation pursuant to a court order issued under section
1 27 901.5, subsection 10; or upon the denial of issuance of a
1 28 noncommercial driver's license under section 321.560, based
1 29 solely on offenses enumerated in section 321.555, subsection
1 30 1, paragraph "c", or section 321.555, subsection 2; or a
1 31 juvenile, whose license has been suspended or revoked pursuant
1 32 to a dispositional order under section 232.52, subsection 2,
1 33 paragraph "a", for a violation of chapter 124 or 453B, or
1 34 section 126.3; or upon suspension of a driver's license
1 35 pursuant to a court order under section 714.7D, a person may
2 1 petition the district court having jurisdiction over the
2 2 residence of the person for a temporary restricted license to
2 3 operate a motor vehicle for the limited purpose or purposes
2 4 specified in subsection 1. The petition shall include a
2 5 current certified copy of the petitioner's official driving
2 6 record issued by the department. The application may be
2 7 granted only if all of the following criteria are satisfied:
2 8 Sec. 4. Section 321.215, subsection 2, paragraph d, Code
2 9 2007, is amended to read as follows:
2 10 d. Proof of financial responsibility is established as
2 11 defined in chapter 321A. However, such proof is not required
2 12 if the driver's license was suspended under section 321.210A
2 13 or 321.513 or revoked pursuant to a court order issued under
2 14 section 901.5, subsection 10.
2 15 Sec. 5. Section 321.218, subsection 1, Code 2007, is
2 16 amended to read as follows:
2 17 1. A person whose driver's license or operating privilege
2 18 has been denied, canceled, suspended, or revoked as provided
2 19 in this chapter or as provided in section 252J.8 or section
2 20 901.5, subsection 10, and who operates a motor vehicle upon
2 21 the highways of this state while the license or privilege is
2 22 denied, canceled, suspended, or revoked, commits a simple
2 23 misdemeanor. In addition to any other penalties, the
2 24 punishment imposed for a violation of this subsection shall
2 25 include assessment of a fine of not less than two hundred
2 26 fifty dollars nor more than one thousand five hundred dollars.
2 27 Sec. 6. Section 321A.17, subsection 4, Code 2007, is
2 28 amended to read as follows:
2 29 4. An individual applying for a driver's license following
2 30 a period of suspension or revocation pursuant to a
2 31 dispositional order issued under section 232.52, subsection 2,
2 32 paragraph "a", or under section 321.180B, section 321.210,
2 33 subsection 1, paragraph "d", or section 321.210A, 321.213A,
2 34 321.213B, 321.216B, or 321.513, following a period of
2 35 suspension under section 321.194, or following a period of
3 1 revocation pursuant to a court order issued under section
3 2 901.5, subsection 10, or under section 321J.2A, is not
3 3 required to maintain proof of financial responsibility under
3 4 this section.
3 5 Sec. 7. Section 901.5, subsection 10, Code 2007, is
3 6 amended by striking the subsection.
3 7 EXPLANATION
3 8 This bill relates to revoking the driver's license or motor
3 9 vehicle operating privileges of a person convicted of a
3 10 controlled substance related offense.
3 11 Under the bill, the court is no longer required to revoke
3 12 the driver's license or operating privileges of a person
3 13 convicted of a controlled substance related offense in
3 14 violation of Code section 124.401, 124.401A, 124.402, 124.403,
3 15 or 126.3, or Code chapter 453B.
3 16 Current law requires the court to revoke the driver's
3 17 license or operating privileges for 180 days, if the person is
3 18 convicted of a controlled substance related offense under any
3 19 of the preceding Code provisons.
3 20 LSB 2341HV 82
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