House File 2121 - Introduced HOUSE FILE 2121 BY ALONS , RASMUSSEN , DRAKE , WATTS , PETTENGILL , WINDSCHITL , L. MILLER , DE BOEF , and HELLAND A BILL FOR An Act relating to the assessment of court costs when a 1 citation for driving without proof of financial liability 2 coverage is dismissed within twenty-four hours of issuance 3 of the citation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5450YH (4) 84 dea/nh
H.F. 2121 Section 1. Section 321.20B, subsection 4, paragraph c, Code 1 2011, is amended to read as follows: 2 c. An owner or driver cited for a violation of subsection 3 1 , who produces to the clerk of court prior to the date of the 4 person’s court appearance as indicated on the citation proof 5 that financial liability coverage was in effect for the motor 6 vehicle at the time the person was stopped and cited , shall not 7 be convicted of such violation and the citation issued shall be 8 dismissed by the court. Upon If such proof is presented more 9 than twenty-four hours after issuance of the citation, upon 10 dismissal, the court or clerk of court shall assess the costs 11 of the action against the defendant named on the citation. 12 Sec. 2. Section 321.20B, subsection 5, paragraph b, Code 13 2011, is amended to read as follows: 14 b. Issue a citation. An owner or driver who produces 15 to the clerk of court prior to the date of the person’s 16 court appearance as indicated on the citation proof that the 17 financial liability coverage was in effect for the motor 18 vehicle at the time the person was stopped and cited, or if 19 the driver is not the owner of the motor vehicle, proof that 20 liability coverage was in effect for the driver with respect 21 to the motor vehicle being driven at the time the driver was 22 stopped and cited in the same manner as if the motor vehicle 23 were owned by the driver, shall be given a receipt indicating 24 that proof was provided, and the citation issued shall be 25 dismissed by the court. Upon If such proof is presented more 26 than twenty-four hours after issuance of the citation, upon 27 dismissal, the court or clerk of court shall assess the costs 28 of the action against the defendant named on the citation. 29 EXPLANATION 30 Under current law, a person is prohibited from operating a 31 motor vehicle unless there is financial liability coverage in 32 effect for the vehicle and the person has in the vehicle the 33 proof of financial liability card issued for the vehicle or, if 34 the vehicle is registered in another state, other evidence that 35 -1- LSB 5450YH (4) 84 dea/nh 1/ 2
H.F. 2121 financial liability coverage is in effect for the vehicle. A 1 violation is a simple misdemeanor, punishable by a scheduled 2 fine of $250. If the citation is issued in connection with 3 an accident, the scheduled fine is $500. Prior to the date 4 of the person’s scheduled court appearance, if the driver or 5 the owner of the vehicle produces to the clerk of court proof 6 that financial liability coverage was in effect for the motor 7 vehicle at the time the person was stopped and cited, the 8 citation is dismissed; however, the person is still assessed 9 the court costs associated with the action. 10 The bill provides that if the driver or the owner of the 11 motor vehicle produces to the clerk of court proof that 12 financial liability coverage was in effect for the motor 13 vehicle at the time the driver was stopped and cited within 24 14 hours of the issuance of the citation, the citation shall be 15 dismissed, with no assessment of court costs. If more than 24 16 hours passes before the driver or owner produces the required 17 proof of financial liability coverage, the citation shall be 18 dismissed, but court costs shall be assessed. 19 -2- LSB 5450YH (4) 84 dea/nh 2/ 2