Senate File 214 - Introduced SENATE FILE 214 BY HOGG A BILL FOR An Act relating to criminal offenses, including the definition 1 of reckless in the criminal code, restrictions on the 2 operation of a motor vehicle, forfeiture for certain 3 offenses, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1602XS (5) 84 jm/nh

S.F. 214 Section 1. Section 321.193, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. The department shall restrict the 3 driver’s license of a person convicted of reckless driving 4 pursuant to section 321.277 to operation of motor vehicles with 5 a gross vehicle weight rating of four thousand pounds or less 6 for a period not to exceed two years. Unless the license has 7 been suspended or revoked, the department shall immediately 8 issue to the person a new license setting forth the operating 9 restriction. If the person’s license is suspended or revoked, 10 the restriction shall be set forth on a new license issued 11 following the period of suspension or revocation. 12 Sec. 2. Section 321.206, Code 2011, is amended to read as 13 follows: 14 321.206 Surrender of license —— duty of court. 15 If a person is convicted in court of an offense for which 16 this chapter requires mandatory revocation of the person’s 17 driver’s license or , if the person’s license is a commercial 18 driver’s license and the conviction disqualifies the person 19 from operating a commercial motor vehicle, or if the person 20 is convicted of reckless driving pursuant to section 321.277, 21 the court shall require the person to surrender the driver’s 22 license held by the person and the court shall destroy the 23 license or forward the license together with a record of the 24 conviction to the department as provided in section 321.491 . 25 Sec. 3. Section 321.277, Code 2011, is amended to read as 26 follows: 27 321.277 Reckless driving. 28 1. Any person who drives any vehicle in such manner as to 29 indicate either a willful or a wanton disregard for the safety 30 of persons or property is guilty of reckless driving. 31 2. Whether a person drives a vehicle while the driver’s 32 license of the person has been suspended, denied, revoked, or 33 barred is relevant in the determination of whether the act was 34 done with willful or wanton disregard for the safety of persons 35 -1- LSB 1602XS (5) 84 jm/nh 1/ 4

S.F. 214 or property. 1 3. Every person convicted of reckless driving shall be 2 guilty of a simple misdemeanor. 3 4. A person convicted of reckless driving shall be barred 4 from operating a vehicle with a gross vehicle weight rating 5 exceeding four thousand pounds. Upon receipt of a notice of 6 conviction for a violation of this section, the department 7 shall impose a restriction on the person’s driver’s license as 8 provided in section 321.193. 9 Sec. 4. Section 702.16, Code 2011, is amended to read as 10 follows: 11 702.16 Reckless. 12 A person is “reckless” or acts recklessly when the person 13 willfully or wantonly disregards the safety of persons or 14 property , and the person knows or reasonably should know being 15 reckless or acting recklessly creates an unnecessary risk of 16 harm to another or to property . 17 Sec. 5. Section 809A.3, subsection 4, Code 2011, is amended 18 to read as follows: 19 4. Notwithstanding subsections 1 through 3, violations of 20 chapter 321 , 321A, or 321J shall not be considered conduct 21 giving rise to forfeiture, except for violations of the 22 following: 23 a. Section 321.218 if a death or serious injury occurred as 24 a result of the violation. 25 a. b. Section 321.232 . 26 c. Section 321A.32, subsection 1, if a death or serious 27 injury occurred as a result of the violation. 28 d. A first violation of section 321J.4B, subsection 2, 29 paragraph “a” , subparagraph (2), if a death or serious injury 30 occurred as a result of the violation. 31 b. e. A second or subsequent violation of section 321J.4B, 32 subsection 2 , paragraph “a” , subparagraph (2). 33 c. f. Section 321J.4B, subsection 9 . 34 EXPLANATION 35 -2- LSB 1602XS (5) 84 jm/nh 2/ 4

S.F. 214 This bill relates to the definition of “reckless” in the 1 criminal code, restrictions on the operation of a motor 2 vehicle, and forfeiture for certain offenses. 3 The bill modifies the criminal offense of reckless driving. 4 Under the bill, whether a person drives a vehicle while the 5 driver’s license of the person is suspended, denied, revoked, 6 or barred is relevant in the determination of whether the 7 offense was done with willful or wanton disregard for the 8 safety of persons or property. 9 A person convicted of reckless driving pursuant to Code 10 section 321.277 shall be barred under the bill from operating 11 a motor vehicle with a gross vehicle weight rate exceeding 12 4,000 pounds for a period not to exceed two years. The bill 13 requires the department of transportation to issue a new 14 restricted driver’s license barring the person from operating a 15 motor vehicle exceeding 4,000 pounds. A person who violates 16 the restriction on the driver’s license commits a simple 17 misdemeanor punishable by a scheduled fine in the amount of 18 $50. 19 The bill modifies the definition of “reckless” in the 20 criminal code in Code section 702.16. The bill specifies a 21 person is reckless or acts recklessly when the person willfully 22 or wantonly disregards the safety of persons or property, and 23 the person knows or reasonably should know being reckless 24 or acting recklessly creates an unnecessary risk of harm to 25 another or to property. Current law provides a person is 26 reckless or acts recklessly when the person willfully or 27 wantonly disregards the safety of persons or property. 28 The modification to the definition of “reckless” in Code 29 section 702.16 directly affects the following criminal offenses 30 and procedures in the criminal code (chapters 687 through 31 915): intoxicants or drugs (701.5), compulsion (704.10), 32 ongoing criminal conduct (chapter 706A), homicide or serious 33 injury by vehicle (707.6A), hazing (708.10), reckless use 34 of fire or explosives (712.5), burglary in the first degree 35 -3- LSB 1602XS (5) 84 jm/nh 3/ 4

S.F. 214 (713.3), attempted burglary in the first degree (713.4), 1 reckless use of a firearm (724.30), neglect or abandonment of a 2 dependent person (726.3), private sector drug-free workplaces 3 (730.5), civil damages, civil and criminal immunity, and 4 injunctive relief for interception of communications (808B.8), 5 unauthorized disclosure of offender’s HIV-related test results 6 (915.43). 7 The bill permits the forfeiture of a motor vehicle if a 8 person operates a motor vehicle while the driver’s license of 9 the person is suspended, denied, revoked, or barred, and the 10 person kills or seriously injures another person. 11 -4- LSB 1602XS (5) 84 jm/nh 4/ 4