HF 2030 (LSB 5162HH (2) 86)

HOUSE FILE 2030

BY  WOLFE

A BILL FOR

An Act relating to the revocation of driver’s licenses for drug-related criminal convictions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.412, Code 2016, is amended to read as follows:
   124.412  Notice of conviction.

   If a person enters a plea of guilty to, or forfeits bail or collateral deposited to secure the person’s appearance in court, and such forfeiture is not vacated, or if a person is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorney’s information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to the state department of transportation and to any state board or officer by whom the convicted person has been licensed or registered to practice the person’s profession or carry on the person’s business, and if the person is a juvenile, as defined in section 232.2, to the state department of transportation. On the conviction of a person, the court may suspend or revoke the license or registration of the convicted defendant to practice the defendant’s profession or carry on the defendant’s business. On the application of a person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, the board or officer may reinstate the license or registration.
    Sec. 2.  Section 126.26, Code 2016, is amended to read as follows:
   126.26  Notice of conviction under chapter.

   If a person juvenile, as defined in section 232.2, enters a plea of guilty, or forfeits bail or collateral deposited to secure the person’s juvenile’s appearance in court, and the forfeiture is not vacated, or if a person juvenile is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorney’s information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to the state department of transportation.
    Sec. 3.  Section 321.212, subsection 1, paragraph d, Code 2016, is amended by striking the paragraph.
    Sec. 4.  Section 321.215, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 901.5, subsection 10, or under section 321.209, subsections 1 through 5 or subsection 7; to a juvenile whose license has been suspended or revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B or section 126.3; to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.
    Sec. 5.  Section 321.215, subsection 2, unnumbered paragraph 1, Code 2016, is amended to read as follows:

   Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5 or 6, or section 321.210, 321.210A, or 321.513; or upon revocation pursuant to a court order issued under section 901.5, subsection 10; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
    Sec. 6.  Section 321.215, subsection 2, paragraph c, Code 2016, is amended to read as follows:
   c.  Proof of financial responsibility is established as defined in chapter 321A. However, such proof is not required if the driver’s license was suspended under section 321.210A or 321.513 or revoked pursuant to a court order issued under section 901.5, subsection 10.
    Sec. 7.  Section 321.218, subsection 1, Code 2016, is 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 misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars nor more than one thousand five hundred dollars.
    Sec. 8.  Section 321A.17, subsection 4, Code 2016, is amended to read as follows:
   4.  An individual applying for a driver’s license following a period of suspension or revocation pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph “a”, or under section 321.180B, section 321.210, subsection 1, paragraph “a”, subparagraph (4), or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension or revocation under section 321.178 or 321.194, or following a period of revocation pursuant to a court order issued under section 901.5, subsection 10, or under section 321J.2A, is not required to maintain proof of financial responsibility under this section.
    Sec. 9.  Section 453B.16, Code 2016, is amended to read as follows:
   453B.16  Notice of conviction.

   If a person juvenile, as defined in section 232.2, enters a plea of guilty, or forfeits bail or collateral deposited to secure the person’s juvenile’s appearance in court, and the forfeiture is not vacated, or if a person juvenile is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorney’s information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to the state department of transportation.
    Sec. 10.  Section 901.5, subsection 10, Code 2016, is amended by striking the subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law requires a court to order the department of transportation (DOT) to revoke a defendant’s driver’s license for 180 days if the defendant is sentenced for a controlled substance offense under Code section 124.401 (manufacturers, possessors, and counterfeit substances), 124.401A (enhanced penalty for manufacture or distribution on certain property), 124.402 (distributors, registrants, and proprietors), or 124.403 (distribution, use, possession, records, and information), a drug or drug-related offense under Code section 126.3 (prohibited acts related to drugs, devices, and cosmetics), or a controlled substance tax offense under Code chapter 453B. Current law also requires a court to send a copy of the order and a notice of conviction to the DOT.
   This bill strikes those provisions. However, the bill does not affect the suspension or revocation of juveniles’ driver’s licenses under Code section 232.52 for violations of Code chapter 124, 126, or 453B.