SENATE FILE 214

BY  HOGG

A BILL FOR

An Act relating to criminal offenses, including the definition of reckless in the criminal code, restrictions on the operation of a motor vehicle, forfeiture for certain offenses, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.193, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The department shall restrict the driver’s license of a person convicted of reckless driving pursuant to section 321.277 to operation of motor vehicles with a gross vehicle weight rating of four thousand pounds or less for a period not to exceed two years. Unless the license has been suspended or revoked, the department shall immediately issue to the person a new license setting forth the operating restriction. If the person’s license is suspended or revoked, the restriction shall be set forth on a new license issued following the period of suspension or revocation.
   Sec. 2.  Section 321.206, Code 2011, is amended to read as follows:
   321.206  Surrender of license —— duty of court.
   If a person is convicted in court of an offense for which this chapter requires mandatory revocation of the person’s driver’s license or, if the person’s license is a commercial driver’s license and the conviction disqualifies the person from operating a commercial motor vehicle, or if the person is convicted of reckless driving pursuant to section 321.277, the court shall require the person to surrender the driver’s license held by the person and the court shall destroy the license or forward the license together with a record of the conviction to the department as provided in section 321.491.
   Sec. 3.  Section 321.277, Code 2011, is amended to read as follows:
   321.277  Reckless driving.
   1.  Any person who drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving.
   2.  Whether a person drives a vehicle while the driver’s license of the person has been suspended, denied, revoked, or barred is relevant in the determination of whether the act was done with willful or wanton disregard for the safety of persons or property.
   3.  Every person convicted of reckless driving shall be guilty of a simple misdemeanor.
   4.  A person convicted of reckless driving shall be barred from operating a vehicle with a gross vehicle weight rating exceeding four thousand pounds. Upon receipt of a notice of conviction for a violation of this section, the department shall impose a restriction on the person’s driver’s license as provided in section 321.193.
   Sec. 4.  Section 702.16, Code 2011, is amended to read as follows:
   702.16  Reckless.
   A person is “reckless” or acts recklessly when the person willfully or wantonly disregards the safety of persons or property, and the person knows or reasonably should know being reckless or acting recklessly creates an unnecessary risk of harm to another or to property.
   Sec. 5.  Section 809A.3, subsection 4, Code 2011, is amended to read as follows:
   4.  Notwithstanding subsections 1 through 3, violations of chapter 321, 321A, or 321J shall not be considered conduct giving rise to forfeiture, except for violations of the following:
   a.  Section 321.218 if a death or serious injury occurred as a result of the violation.
   a.b.  Section 321.232.
   c.  Section 321A.32, subsection 1, if a death or serious injury occurred as a result of the violation.
   d.  A first violation of section 321J.4B, subsection 2, paragraph “a”, subparagraph (2), if a death or serious injury occurred as a result of the violation.
   b.e.  A second or subsequent violation of section 321J.4B, subsection 2, paragraph “a”, subparagraph (2).
   c.f.  Section 321J.4B, subsection 9.
EXPLANATION
   This bill relates to the definition of “reckless” in the criminal code, restrictions on the operation of a motor vehicle, and forfeiture for certain offenses.
   The bill modifies the criminal offense of reckless driving. Under the bill, whether a person drives a vehicle while the driver’s license of the person is suspended, denied, revoked, or barred is relevant in the determination of whether the offense was done with willful or wanton disregard for the safety of persons or property.
   A person convicted of reckless driving pursuant to Code section 321.277 shall be barred under the bill from operating a motor vehicle with a gross vehicle weight rate exceeding 4,000 pounds for a period not to exceed two years. The bill requires the department of transportation to issue a new restricted driver’s license barring the person from operating a motor vehicle exceeding 4,000 pounds. A person who violates the restriction on the driver’s license commits a simple misdemeanor punishable by a scheduled fine in the amount of $50.
   The bill modifies the definition of “reckless” in the criminal code in Code section 702.16. The bill specifies a person is reckless or acts recklessly when the person willfully or wantonly disregards the safety of persons or property, and the person knows or reasonably should know being reckless or acting recklessly creates an unnecessary risk of harm to another or to property. Current law provides a person is reckless or acts recklessly when the person willfully or wantonly disregards the safety of persons or property.
   The modification to the definition of “reckless” in Code section 702.16 directly affects the following criminal offenses and procedures in the criminal code (chapters 687 through 915): intoxicants or drugs (701.5), compulsion (704.10), ongoing criminal conduct (chapter 706A), homicide or serious injury by vehicle (707.6A), hazing (708.10), reckless use of fire or explosives (712.5), burglary in the first degree (713.3), attempted burglary in the first degree (713.4), reckless use of a firearm (724.30), neglect or abandonment of a dependent person (726.3), private sector drug-free workplaces (730.5), civil damages, civil and criminal immunity, and injunctive relief for interception of communications (808B.8), unauthorized disclosure of offender’s HIV-related test results (915.43).
   The bill permits the forfeiture of a motor vehicle if a person operates a motor vehicle while the driver’s license of the person is suspended, denied, revoked, or barred, and the person kills or seriously injures another person.