HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON)

A BILL FOR

An Act relating to certain multiple driving-related convictions for one continuous act of driving.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.561A  Multiple offenses involving one continuous act of driving.
   1.  A person shall not be convicted of more than one offense of operating a motor vehicle while the person’s license is suspended under section 321.218, subsection 1, operating a motor vehicle while the person’s license is revoked under section 321.218, subsection 1, or operating a motor vehicle while found to be a habitual offender under section 321.561, or any combination of the aforementioned offenses, for one continuous act of driving.
   2.  If a person is convicted of more than one offense listed in subsection 1 that arose out of one continuous act of driving, the court shall only enter a conviction for the offense with the greatest criminal penalty. If the criminal penalty for the offenses are equal, the court shall enter a conviction for only one of the offenses.
EXPLANATION
   This bill relates to certain multiple driving-related convictions for one continuous act of driving.
   Under the bill, a person shall not be convicted of more than one offense of operating a motor vehicle while a license is suspended under Code section 321.218, operating a motor vehicle while a license is revoked under Code section 321.218, or operating a motor vehicle while found to be a habitual offender under Code section 321.561, or any combination of the aforementioned offenses, for one continuous act of driving.
   If a person is convicted of multiple offenses listed in new Code section 321.561A created in the bill, the court shall only enter a conviction for the offense with the greatest criminal penalty if the offenses arose from one continuous act of driving. If the criminal penalties for the offenses are equal, the court shall enter a conviction for only one of the criminal offenses.
   A person who operates a motor vehicle while suspended or revoked under Code section 321.218 commits a simple misdemeanor. A person who operates a motor vehicle while a habitual offender under Code section 321.561 commits an aggravated misdemeanor.
   The length of a driver’s license suspension or revocation is established in Code section 321.212.
   The length of a revocation of a driver’s license for a person classified as an habitual offender is established in Code section 321.560.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.