Senate Study Bill 3074 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act relating to certain multiple driving-related convictions 1 for one continuous act of driving. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5454SC (3) 84 jm/rj

S.F. _____ Section 1. NEW SECTION . 321.561A Multiple offenses 1 involving one continuous act of driving. 2 1. A person shall not be convicted of more than one offense 3 of operating a motor vehicle while the person’s license is 4 suspended under section 321.218, subsection 1, operating a 5 motor vehicle while the person’s license is revoked under 6 section 321.218, subsection 1, or operating a motor vehicle 7 while found to be a habitual offender under section 321.561, 8 or any combination of the aforementioned offenses, for one 9 continuous act of driving. 10 2. If a person is convicted of more than one offense 11 listed in subsection 1 that arose out of one continuous act 12 of driving, the court shall only enter a conviction for the 13 offense with the greatest criminal penalty. If the criminal 14 penalty for the offenses are equal, the court shall enter a 15 conviction for only one of the offenses. 16 EXPLANATION 17 This bill relates to certain multiple driving-related 18 convictions for one continuous act of driving. 19 Under the bill, a person shall not be convicted of more 20 than one offense of operating a motor vehicle while a license 21 is suspended under Code section 321.218, operating a motor 22 vehicle while a license is revoked under Code section 321.218, 23 or operating a motor vehicle while found to be a habitual 24 offender under Code section 321.561, or any combination of the 25 aforementioned offenses, for one continuous act of driving. 26 If a person is convicted of multiple offenses listed in new 27 Code section 321.561A created in the bill, the court shall only 28 enter a conviction for the offense with the greatest criminal 29 penalty if the offenses arose from one continuous act of 30 driving. If the criminal penalties for the offenses are equal, 31 the court shall enter a conviction for only one of the criminal 32 offenses. 33 A person who operates a motor vehicle while suspended 34 or revoked under Code section 321.218 commits a simple 35 -1- LSB 5454SC (3) 84 jm/rj 1/ 2

S.F. _____ misdemeanor. A person who operates a motor vehicle while 1 a habitual offender under Code section 321.561 commits an 2 aggravated misdemeanor. 3 The length of a driver’s license suspension or revocation is 4 established in Code section 321.212. 5 The length of a revocation of a driver’s license for a person 6 classified as an habitual offender is established in Code 7 section 321.560. 8 A simple misdemeanor is punishable by confinement for no 9 more than 30 days or a fine of at least $65 but not more than 10 $625 or by both. An aggravated misdemeanor is punishable by 11 confinement for no more than two years and a fine of at least 12 $625 but not more than $6,250. 13 -2- LSB 5454SC (3) 84 jm/rj 2/ 2