H.F. 294 Section 1. Section 321.218, subsections 1, 2, and 3, Code 1 2013, are amended to read as follows: 2 1. A person whose driver’s license or operating privilege 3 has been denied, canceled, suspended, or revoked as provided 4 in this chapter or as provided in section 252J.8 or section 5 901.5, subsection 10 , and who operates a motor vehicle upon 6 the highways of this state while the license or privilege is 7 denied, canceled, suspended, or revoked, commits a simple 8 serious misdemeanor . In addition to any other penalties, the 9 punishment imposed for a violation of this subsection shall 10 include assessment of punishable by a fine of not less than two 11 hundred fifty three hundred fifteen dollars nor more than one 12 thousand five eight hundred seventy-five dollars. 13 2. The sentence imposed under this section shall not be 14 suspended by the court, notwithstanding section 907.3 or any 15 other statute. However, the court may, in its discretion, 16 order the person to perform community service work equivalent 17 in value to the fine imposed, as provided in section 909.3A. 18 3. a. The department, upon receiving the record of the 19 conviction of a person under this section upon a charge of 20 operating a motor vehicle while the license of the person is 21 suspended or revoked, shall, except for licenses suspended 22 under section 252J.8 , 321.210, subsection 1 , paragraph “a” , 23 subparagraph (3), or section 321.210A or 321.513 , extend the 24 period of suspension or revocation for an additional like 25 period or for one year, whichever period is shorter, and the 26 department shall not issue a new driver’s license to the person 27 during the extended period. For purposes of this paragraph, 28 “new driver’s license” does not mean a temporary restricted 29 license issued under section 321.215. 30 b. If the department receives a record of a conviction of 31 a person under this section but the person’s driving record 32 does not indicate what the original grounds of suspension were, 33 the period of suspension under this subsection shall be for a 34 period not to exceed six months. 35 -1- LSB 1047YH (5) 85 dea/nh 1/ 5

H.F. 294 Sec. 2. Section 321.561, Code 2013, is amended to read as 1 follows: 2 321.561 Punishment for violation. 3 It shall be unlawful for any person found to be a habitual 4 offender to operate any motor vehicle in this state during 5 the period of time specified in section 321.560 except for a 6 habitual offender who has been granted a temporary restricted 7 license pursuant to section 321.215, subsection 2 . A person 8 violating this section commits an aggravated a serious 9 misdemeanor punishable by a fine of not less than three hundred 10 fifteen dollars nor more than one thousand eight hundred 11 seventy-five dollars. The court may, in its discretion, order 12 the person to perform community service work equivalent in 13 value to the fine imposed, as provided in section 909.3A . 14 Sec. 3. NEW SECTION . 321.561A Multiple offenses involving 15 one event or occurrence of driving. 16 The court shall not enter a judgment or deferred judgment 17 for more than one offense of operating a motor vehicle while 18 the person’s driver’s license is denied, canceled, suspended, 19 revoked, or barred under section 321.218, subsection 1, section 20 321A.32, subsection 1, or section 321J.21, subsection 1, or any 21 combination of such offenses, involving one event or occurrence 22 of driving. 23 Sec. 4. Section 321A.32, subsection 1, Code 2013, is amended 24 to read as follows: 25 1. Any person whose license or registration or 26 nonresident’s operating privilege has been suspended, denied, 27 or revoked under this chapter or continues to remain suspended 28 or revoked under this chapter , and who, during such suspension, 29 denial, or revocation, or during such continuing suspension 30 or continuing revocation, drives any motor vehicle upon any 31 highway or knowingly permits any motor vehicle owned by such 32 person to be operated by another upon any highway, except as 33 permitted under this chapter , shall be guilty of a simple 34 serious misdemeanor . In addition to any other penalties, the 35 -2- LSB 1047YH (5) 85 dea/nh 2/ 5

H.F. 294 punishment imposed for a violation of this subsection shall 1 include assessment of punishable by a fine of not less than two 2 hundred fifty three hundred fifteen dollars nor more than one 3 thousand five eight hundred seventy-five dollars. The court 4 may, in its discretion, order the person to perform community 5 service work equivalent in value to the fine imposed, as 6 provided in section 909.3A. 7 Sec. 5. Section 321J.21, Code 2013, is amended to read as 8 follows: 9 321J.21 Driving while license suspended, denied, revoked, or 10 barred. 11 1. A person whose driver’s license or nonresident operating 12 privilege has been suspended, denied, revoked, or barred due 13 to a violation of this chapter and who drives a motor vehicle 14 while the license or privilege is suspended, denied, revoked, 15 or barred commits a serious misdemeanor . In addition to any 16 other penalties, the punishment imposed for a violation of this 17 subsection shall include assessment of punishable by a fine 18 of not less than three hundred fifteen dollars nor more than 19 one thousand eight hundred seventy-five dollars. However, 20 the court may, in its discretion, order the person to perform 21 community service work equivalent in value to the fine imposed, 22 as provided in section 909.3A. 23 2. In addition to the fine, the department, upon receiving 24 the record of the conviction of a person under this section 25 upon a charge of driving a motor vehicle while the license of 26 the person was suspended, denied, revoked, or barred , shall 27 extend the period of suspension, denial, revocation, or bar for 28 an additional like period or for one year , whichever period 29 is shorter, and the department shall not issue a new license 30 during the additional period. 31 EXPLANATION 32 This bill relates to the offense of driving without a valid 33 driver’s license. 34 Under current law, if a person is convicted of operating 35 -3- LSB 1047YH (5) 85 dea/nh 3/ 5

H.F. 294 a motor vehicle while the person’s driver’s license has been 1 denied, canceled, suspended, or revoked under Code chapter 321 2 (motor vehicles and laws of the road), or pursuant to Code 3 section 252J.8 for failure to pay child support, pursuant to a 4 court order under Code section 901.5 for certain drug-related 5 offenses, or under Code chapter 321A (motor vehicle financial 6 responsibility), the penalty is a simple misdemeanor punishable 7 by a fine of not less than $250 and not more than $1,500 in 8 addition to any other penalties provided by law, which may 9 include confinement for up to 30 days. If the person is 10 a habitual offender who has been barred from driving, the 11 penalty is an aggravated misdemeanor, which is punishable by 12 confinement for not more than two years and a fine of at least 13 $625 and not more than $6,250. A person convicted of driving 14 while the person’s license or operating privilege is suspended, 15 denied, revoked, or barred under Code chapter 321J (operating 16 while intoxicated), commits a serious misdemeanor punishable by 17 a fine of $1,000 in addition to any other penalties provided by 18 law, which could include confinement for up to one year. 19 The bill provides that the penalty for driving without a 20 valid driver’s license is the same, whether the offense is a 21 violation under Code chapter 321, 321A, or 321J. The bill 22 establishes that every such violation is a serious misdemeanor, 23 punishable by a fine of not less than $315 and not more than 24 $1,875. The bill specifies that the court may substitute 25 community service equivalent in value to the fine imposed. 26 In addition, a court shall not enter a judgment or deferred 27 judgment for more than one offense of operating a motor vehicle 28 while the person’s driver’s license is denied, canceled, 29 suspended, revoked, or barred for one event or occurrence of 30 driving. 31 Under current law, if a person is convicted under Code 32 section 321.218 of driving while the person’s driver’s license 33 is suspended or revoked, the department of transportation is 34 required to extend the period of suspension or revocation for 35 -4- LSB 1047YH (5) 85 dea/nh 4/ 5

H.F. 294 an additional like period or for one year, whichever period 1 is shorter, and the person is not eligible for a temporary 2 restricted license during the extended period. The bill 3 authorizes the department to issue a temporary restricted 4 license to such a person allowing the person to drive to and 5 from the person’s home and specified places during specified 6 times for purposes of employment, health care for the person or 7 the person’s dependent, the person’s education, court-ordered 8 community service, and appointments with the person’s parole or 9 probation officer. 10 Code section 321J.21 currently requires that when a 11 person is convicted of driving while the person’s license was 12 suspended, denied, revoked, or barred under Code chapter 321J, 13 the department shall extend the period of suspension, denial, 14 revocation, or bar for an additional like period. The bill 15 provides that the extension shall be for an additional like 16 period or for one year, whichever period is shorter, consistent 17 with the similar provision in Code section 321.218. 18 -5- LSB 1047YH (5) 85 dea/nh 5/ 5