HF 294 (LSB 1047YH (5) 85)

HOUSE FILE 294

BY  R. OLSON

A BILL FOR

An Act relating to administrative sanctions and criminal penalties for driving without a valid driver’s license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.218, subsections 1, 2, and 3, Code 2013, are amended to read as follows:
   1.  A person whose driver’s license or operating privilege has been denied, canceled, suspended, or revoked as provided in this chapter or as provided in section 252J.8 or section 901.5, subsection 10, and who operates a motor vehicle upon the highways of this state while the license or privilege is denied, canceled, suspended, or revoked, commits a simple
 
serious misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of
 
punishable by a fine of not less than two hundred fifty
 
three hundred fifteen dollars nor more than one thousand five
 
eight hundred
 
seventy-five dollars.
   2.  The sentence imposed under this section shall not be suspended by the court, notwithstanding section 907.3 or any other statute.

However, the court may, in its discretion, order the person to perform community service work equivalent in value to the fine imposed, as provided in section 909.3A.
   3.
  a.  The department, upon receiving the record of the conviction of a person under this section upon a charge of operating a motor vehicle while the license of the person is suspended or revoked, shall, except for licenses suspended under section 252J.8, 321.210, subsection 1, paragraph “a”, subparagraph (3), or section 321.210A or 321.513, extend the period of suspension or revocation for an additional like period or for one year, whichever period is shorter, and the department shall not issue a new driver’s license to the person during the extended period.

For purposes of this paragraph, “new driver’s license” does not mean a temporary restricted license issued under section 321.215.
   b.  If the department receives a record of a conviction of a person under this section but the person’s driving record does not indicate what the original grounds of suspension were, the period of suspension under this subsection shall be for a period not to exceed six months.
    Sec. 2.  Section 321.561, Code 2013, is amended to read as follows:
   321.561  Punishment for violation.
   It shall be unlawful for any person found to be a habitual offender to operate any motor vehicle in this state during the period of time specified in section 321.560 except for a habitual offender who has been granted a temporary restricted license pursuant to section 321.215, subsection 2. A person violating this section commits an aggravated
 
a serious misdemeanor
 
punishable by a fine of not less than three hundred fifteen dollars nor more than one thousand eight hundred seventy-five dollars. The court may, in its discretion, order the person to perform community service work equivalent in value to the fine imposed, as provided in section 909.3A.
    Sec. 3.  NEW SECTION.  321.561A  Multiple offenses involving one event or occurrence of driving.
   The court shall not enter a judgment or deferred judgment for more than one offense of operating a motor vehicle while the person’s driver’s license is denied, canceled, suspended, revoked, or barred under section 321.218, subsection 1, section 321A.32, subsection 1, or section 321J.21, subsection 1, or any combination of such offenses, involving one event or occurrence of driving.
    Sec. 4.  Section 321A.32, subsection 1, Code 2013, is amended to read as follows:
   1.  Any person whose license or registration or nonresident’s operating privilege has been suspended, denied, or revoked under this chapter or continues to remain suspended or revoked under this chapter, and who, during such suspension, denial, or revocation, or during such continuing suspension or continuing revocation, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this chapter, shall be guilty of a simple
 
serious misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of
 
punishable by a fine of not less than two hundred fifty
 
three hundred fifteen dollars nor more than one thousand five
 
eight hundred
 
seventy-five dollars.

The court may, in its discretion, order the person to perform community service work equivalent in value to the fine imposed, as provided in section 909.3A.
    Sec. 5.  Section 321J.21, Code 2013, is amended to read as follows:
   321J.21  Driving while license suspended, denied, revoked, or barred.
   1.  A person whose driver’s license or nonresident operating privilege has been suspended, denied, revoked, or barred due to a violation of this chapter and who drives a motor vehicle while the license or privilege is suspended, denied, revoked, or barred commits a serious misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of
 
punishable by a fine of
 
not less than three hundred fifteen dollars nor more than one thousand
 
eight hundred seventy-five dollars.

However, the court may, in its discretion, order the person to perform community service work equivalent in value to the fine imposed, as provided in section 909.3A.
   2.  In addition to the fine, the department, upon receiving the record of the conviction of a person under this section upon a charge of driving a motor vehicle while the license of the person was suspended, denied, revoked, or barred, shall extend the period of suspension, denial, revocation, or bar for an additional like period
 
or for one year,
 
whichever period is shorter, and the department shall not issue a new license during the additional period.
EXPLANATION
   This bill relates to the offense of driving without a valid driver’s license.
   Under current law, if a person is convicted of operating a motor vehicle while the person’s driver’s license has been denied, canceled, suspended, or revoked under Code chapter 321 (motor vehicles and laws of the road), or pursuant to Code section 252J.8 for failure to pay child support, pursuant to a court order under Code section 901.5 for certain drug-related offenses, or under Code chapter 321A (motor vehicle financial responsibility), the penalty is a simple misdemeanor punishable by a fine of not less than $250 and not more than $1,500 in addition to any other penalties provided by law, which may include confinement for up to 30 days. If the person is a habitual offender who has been barred from driving, the penalty is an aggravated misdemeanor, which is punishable by confinement for not more than two years and a fine of at least $625 and not more than $6,250. A person convicted of driving while the person’s license or operating privilege is suspended, denied, revoked, or barred under Code chapter 321J (operating while intoxicated), commits a serious misdemeanor punishable by a fine of $1,000 in addition to any other penalties provided by law, which could include confinement for up to one year.
   The bill provides that the penalty for driving without a valid driver’s license is the same, whether the offense is a violation under Code chapter 321, 321A, or 321J. The bill establishes that every such violation is a serious misdemeanor, punishable by a fine of not less than $315 and not more than $1,875. The bill specifies that the court may substitute community service equivalent in value to the fine imposed. In addition, a court shall not enter a judgment or deferred judgment for more than one offense of operating a motor vehicle while the person’s driver’s license is denied, canceled, suspended, revoked, or barred for one event or occurrence of driving.
   Under current law, if a person is convicted under Code section 321.218 of driving while the person’s driver’s license is suspended or revoked, the department of transportation is required to extend the period of suspension or revocation for an additional like period or for one year, whichever period is shorter, and the person is not eligible for a temporary restricted license during the extended period. The bill authorizes the department to issue a temporary restricted license to such a person allowing the person to drive to and from the person’s home and specified places during specified times for purposes of employment, health care for the person or the person’s dependent, the person’s education, court-ordered community service, and appointments with the person’s parole or probation officer.
   Code section 321J.21 currently requires that when a person is convicted of driving while the person’s license was suspended, denied, revoked, or barred under Code chapter 321J, the department shall extend the period of suspension, denial, revocation, or bar for an additional like period. The bill provides that the extension shall be for an additional like period or for one year, whichever period is shorter, consistent with the similar provision in Code section 321.218.