House
File
2308
-
Introduced
HOUSE
FILE
2308
BY
McCONKEY
,
PRICHARD
,
and
WOLFE
A
BILL
FOR
An
Act
permitting
the
establishment
of
online
pretrial
1
diversion
programs
for
certain
motor
vehicle-related
2
offenses,
and
providing
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
2308
Section
1.
NEW
SECTION
.
905A.1
Definitions.
1
For
the
purposes
of
this
chapter,
unless
the
context
2
otherwise
requires:
3
1.
“Department”
means
the
state
department
of
4
transportation.
5
2.
“Minor
traffic
offense”
means
a
violation
of
chapter
6
321
which
is
punishable
as
a
simple
misdemeanor
or
for
which
7
a
scheduled
fine
is
provided
in
section
805.8A,
except
for
a
8
violation
of
any
of
the
following:
9
a.
Section
321.20B,
321.218,
321.262,
321.264,
321.277,
10
321.277A,
321.278,
or
321.279.
11
b.
Section
321.285,
where
the
vehicle
was
traveling
12
twenty-five
miles
per
hour
or
more
over
the
posted
speed
limit
13
or
at
ninety-five
miles
per
hour
or
more.
14
c.
Section
321.372,
subsection
3.
15
d.
Any
other
moving
traffic
violation
under
chapter
321
that
16
occurs
within
a
road
work
zone
or
that
results
in
injury
to
or
17
the
death
of
another
person.
18
Sec.
2.
NEW
SECTION
.
905A.2
Pretrial
diversion
programs
——
19
establishment
by
local
entity.
20
Upon
approval
by
the
board
of
supervisors
of
a
county,
a
21
county
attorney
may
establish
a
pretrial
diversion
program
22
in
the
county.
Upon
approval
by
a
city
council,
the
city
23
attorney
may
establish
a
pretrial
diversion
program
in
the
24
city.
A
program
established
under
this
section
shall
meet
the
25
requirements
set
forth
in
this
chapter.
26
Sec.
3.
NEW
SECTION
.
905A.3
Pretrial
diversion
programs
——
27
requirements.
28
1.
A
pretrial
diversion
program
shall
allow
a
person
who
29
is
a
resident
of
this
state
and
who
has
been
charged
with
30
or
received
a
citation
for
a
minor
traffic
offense
to
have
31
the
option
to
complete
an
internet-based
class
related
to
32
understanding
the
traffic
laws
of
this
state,
the
strategies
33
available
for
the
safe
operation
of
motor
vehicles,
and
the
34
deterrence
of
future
violations.
Upon
completion
of
the
class,
35
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2308
the
person’s
charge
or
citation
shall
be
dismissed.
However,
1
the
person
shall
pay
all
court
costs
associated
with
the
2
person’s
charge
or
citation.
3
2.
A
person
eligible
for
a
pretrial
diversion
program
shall
4
have
the
opportunity
to
review
a
copy
of
the
requirements
of
5
the
program,
including
duration,
cost,
and
possible
outcomes,
6
with
the
person’s
legal
counsel
prior
to
deciding
whether
to
7
enroll
in
the
program.
Enrollment
in
the
program
shall
not
be
8
conditioned
on
a
plea
of
guilty
by
the
person.
A
person
may
9
withdraw
from
the
program
at
any
time
before
the
completion
10
of
the
program,
and
shall
be
remanded
to
the
judicial
process
11
for
adjudication
of
the
person’s
charge
or
citation
without
12
prejudice
to
the
person.
13
3.
A
person
shall
complete
the
program
within
ninety
days
of
14
being
charged
with
or
receiving
a
citation
for
a
minor
traffic
15
offense.
If
a
person
enrolls
in
but
does
not
withdraw
from
or
16
complete
the
program
within
ninety
days
of
being
charged
with
17
or
receiving
a
citation
for
a
minor
traffic
offense,
the
person
18
shall
be
remanded
to
the
judicial
process
for
adjudication
19
of
the
person’s
charge
or
citation
without
prejudice
to
the
20
person,
and
the
department
shall
suspend
the
driver’s
license
21
of
the
person
for
a
period
of
ninety
days.
22
4.
A
person
who
has
completed
a
pretrial
diversion
program
23
in
the
previous
three-year
period
shall
not
be
eligible
for
24
enrollment
in
a
pretrial
diversion
program.
25
5.
The
administrator
of
a
county’s
or
city’s
pretrial
26
diversion
program
shall
send
a
record
of
each
enrollee
to
the
27
department.
The
department
shall
retain
the
enrollee’s
record
28
in
a
confidential
list
for
the
three-year
period
following
the
29
enrollee’s
completion
of
the
program.
After
the
three-year
30
period
has
expired,
the
record
of
the
enrollee
shall
be
deleted
31
from
the
confidential
list.
The
administrator
of
a
county’s
or
32
city’s
pretrial
diversion
program
may
access
the
department’s
33
confidential
list
for
the
purposes
of
subsection
4.
The
34
department
may
charge
a
fee
to
the
administrator
for
such
35
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2308
access
in
an
amount
sufficient
to
cover
the
cost
of
maintaining
1
the
confidential
list.
2
6.
A
person
enrolled
in
a
program
may
be
charged
a
program
3
participation
fee
by
the
county
or
city
in
an
amount
approved
4
by
the
department.
The
fee
shall
be
sufficient
to
cover
the
5
costs
to
the
county
or
city
for
administering
the
program,
6
including
any
payment
by
the
county
or
city
to
the
department
7
under
this
chapter.
Fees
collected
under
this
subsection
8
shall
be
used
by
the
county
or
city
for
the
administration
and
9
operation
of
the
program.
10
7.
An
organization
or
governmental
entity
desiring
to
offer
11
an
online
class
as
part
of
a
program
shall
obtain
a
certificate
12
from
the
department
to
be
renewed
annually.
The
certificate
13
shall
represent
the
department’s
approval
of
the
length,
14
curriculum,
instructors,
and
fees
of
the
class.
The
department
15
may
charge
a
fee
for
the
certificate
in
an
amount
sufficient
to
16
cover
the
costs
of
the
certification
process.
17
8.
A
person
holding
a
commercial
driver’s
license
or
18
commercial
learner’s
permit
shall
not
be
eligible
to
enroll
in
19
a
program
if
the
person’s
participation
in
the
program
would
20
violate
federal
law.
21
9.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
22
to
administer
this
chapter
including
but
not
limited
to
rules
23
regarding
formal
eligibility
requirements
for
participants
in
a
24
pretrial
diversion
program,
the
length
of
and
curriculum
for
a
25
class
provided
as
part
of
a
pretrial
diversion
program,
program
26
instructor
certification,
the
collection
of
enrollment
and
27
completion
records
from
the
pretrial
diversion
programs
in
the
28
state,
and
the
amount
of
the
fees
assessed
under
this
chapter.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
allows
a
county
or
city
to
establish
a
pretrial
33
diversion
program
for
persons
charged
with
or
issued
a
citation
34
for
a
minor
traffic
offense.
The
bill
defines
“minor
traffic
35
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2308
offense”
as
a
violation
of
Code
chapter
321
which
is
punishable
1
as
a
simple
misdemeanor
or
for
which
a
scheduled
fine
is
2
provided
in
Code
section
805.8A,
except
for
operating
a
motor
3
vehicle
without
financial
liability
coverage,
operating
a
motor
4
vehicle
with
a
suspended
or
revoked
driver’s
license,
leaving
5
the
scene
of
a
traffic
accident,
passing
a
stopped
school
6
bus,
reckless
driving,
careless
driving,
drag
racing,
eluding
7
law
enforcement,
speeding
25
miles
per
hour
or
more
over
the
8
speed
limit,
speeding
95
miles
per
hour
or
more,
or
any
moving
9
traffic
violation
that
occurs
within
a
road
work
zone
or
that
10
results
in
injury
to
or
the
death
of
another
person.
11
A
pretrial
diversion
program
allows
a
person
who
is
a
12
resident
of
Iowa
and
who
has
been
charged
with
or
received
a
13
citation
for
a
minor
traffic
offense
to
have
the
option
to
14
complete
an
internet-based
class
related
to
understanding
the
15
traffic
laws
of
this
state,
the
strategies
available
for
the
16
safe
operation
of
motor
vehicles,
and
the
deterrence
of
future
17
violations.
Upon
completion
of
the
class,
the
person’s
charge
18
or
citation
is
dismissed.
The
person
is
required
to
pay
the
19
court
costs
associated
with
the
person’s
charge
or
citation.
20
The
bill
prohibits
enrollment
in
the
program
from
being
21
conditioned
on
a
plea
of
guilty
by
the
person.
A
person
may
22
withdraw
from
the
program
at
any
time
before
the
completion
of
23
the
program.
24
The
bill
requires
a
person
to
complete
the
program
within
25
90
days
of
being
charged
with
or
receiving
a
citation
for
a
26
violation.
If
a
person
enrolls
in
but
does
not
withdraw
from
27
or
complete
the
program
within
90
days,
the
person
shall
be
28
remanded
to
the
judicial
process
for
the
person’s
charge
or
29
citation,
and
the
department
of
transportation
(DOT)
shall
30
suspend
the
driver’s
license
of
the
person
for
a
period
of
90
31
days.
32
The
bill
prohibits
a
person
who
has
completed
a
pretrial
33
diversion
program
in
the
previous
three-year
period
from
34
enrolling
in
a
pretrial
diversion
program.
35
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The
bill
directs
the
DOT
to
retain
an
enrollee’s
record
in
1
a
confidential
list
for
the
three-year
period
following
the
2
enrollee’s
completion
of
the
program.
After
the
three-year
3
period
has
expired,
the
record
of
the
enrollee
shall
be
4
deleted
from
the
confidential
list.
The
administrator
of
a
5
county’s
or
city’s
pretrial
diversion
program
may
access
the
6
DOT’s
confidential
list.
The
DOT
may
charge
a
fee
to
the
7
administrator
for
such
access
in
an
amount
sufficient
to
cover
8
the
cost
of
maintaining
the
confidential
list.
9
A
person
enrolled
in
a
program
may
be
charged
a
fee
by
the
10
county
or
city
for
participation
in
the
program
in
an
amount
11
approved
by
the
DOT.
The
fee
shall
be
in
an
amount
sufficient
12
to
cover
the
costs
to
the
county
or
city
for
administering
13
the
program
and
the
fees
collected
shall
be
used
for
the
14
administration
and
operation
of
the
program.
15
An
organization
or
governmental
entity
desiring
to
offer
an
16
online
class
as
part
of
a
program
must
obtain
a
certificate
17
from
the
DOT
to
be
renewed
annually.
The
certificate
shall
18
represent
the
DOT’s
approval
of
the
length,
curriculum,
19
instructors,
and
fees
of
the
class.
The
DOT
may
charge
a
fee
20
for
the
certificate
in
an
amount
sufficient
to
cover
the
costs
21
of
the
certification
process.
22
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