Senate File 388 - Introduced



                                       SENATE FILE       
                                       BY  McCOY


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

                                      A BILL FOR

  1 An Act increasing penalties for a person whose driver's license
  2    or operating privilege has been denied, canceled, suspended,
  3    or revoked who drives a motor vehicle while the license or
  4    privilege is denied, canceled, suspended, or revoked.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1621SS 82
  7 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 321.218, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  A person whose driver's license or operating privilege
  1  4 has been denied, canceled, suspended, or revoked as provided
  1  5 in this chapter or as provided in section 252J.8 or section
  1  6 901.5, subsection 10, and who operates a motor vehicle upon
  1  7 the highways of this state while the license or privilege is
  1  8 denied, canceled, suspended, or revoked, commits a simple an
  1  9 aggravated misdemeanor.  In addition to any other penalties,
  1 10 the punishment imposed for a violation of this subsection
  1 11 shall include assessment of a fine of not less than two
  1 12 hundred fifty dollars nor more than one thousand five hundred
  1 13 dollars.
  1 14    Sec. 2.  Section 321J.21, subsection 1, Code 2007, is
  1 15 amended to read as follows:
  1 16    1.  A person whose driver's license or nonresident
  1 17 operating privilege has been suspended, denied, revoked, or
  1 18 barred due to a violation of this chapter and who drives a
  1 19 motor vehicle while the license or privilege is suspended,
  1 20 denied, revoked, or barred commits a serious misdemeanor class
  1 21 "D" felony.  In addition to any other penalties, the
  1 22 punishment imposed for a violation of this subsection shall
  1 23 include assessment of a fine of one thousand dollars.
  1 24                           EXPLANATION
  1 25    This bill relates to increased penalties for a person whose
  1 26 driver's license or operating privilege has been denied,
  1 27 canceled, suspended, or revoked who drives a motor vehicle
  1 28 while the license or privilege is denied, canceled, suspended,
  1 29 or revoked.
  1 30    The bill provides that a person whose driver's license or
  1 31 operating privilege has been denied, canceled, suspended, or
  1 32 revoked pursuant to Code chapter 321 and who operates a motor
  1 33 vehicle while the license or privilege is denied, canceled,
  1 34 suspended, or revoked, commits an aggravated misdemeanor,
  1 35 punishable by confinement for no more than two years and a
  2  1 fine of at least $625 but not more than $6,250.  Current law
  2  2 provides that such an offense is a simple misdemeanor,
  2  3 punishable by confinement for no more than 30 days or a fine
  2  4 of at least $65 but not more than $625 or by both.  An
  2  5 additional assessment of a fine of not less than $250 nor more
  2  6 than $1,500 is also applicable.
  2  7    The bill further provides that a person whose driver's
  2  8 license or nonresident operating privilege has been suspended,
  2  9 denied, revoked, or barred due to a violation of Iowa's
  2 10 operating=while=intoxicated law and who drives a motor vehicle
  2 11 while the license or privilege is suspended, denied, revoked,
  2 12 or barred commits a class "D" felony.  Current law provides
  2 13 that such an offense is a serious misdemeanor, punishable by
  2 14 confinement for no more than one year and a fine of at least
  2 15 $315 but not more than $1,875.  An additional assessment of a
  2 16 fine of $1,000 is also applicable.
  2 17 LSB 1621SS 82
  2 18 rh:nh/gg/14