House
File
53
-
Introduced
HOUSE
FILE
53
BY
SALMON
A
BILL
FOR
An
Act
eliminating
the
twelve-year
look-back
1
provision
for
determining
whether
an
offense
for
2
operating-while-intoxicated
is
a
second
or
subsequent
3
offense.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1619YH
(2)
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ns/nh
H.F.
53
Section
1.
Section
321.12,
subsection
4,
Code
2015,
is
1
amended
to
read
as
follows:
2
4.
The
director
shall
not
destroy
any
operating
records
3
pertaining
to
arrests
or
convictions
for
operating
while
4
intoxicated
,
in
violation
of
section
321J.2
or
operating
5
records
pertaining
to
revocations
for
violations
of
section
6
321J.2A
,
except
that
a
conviction
or
revocation
under
section
7
321J.2
or
321J.2A
that
is
not
subject
to
49
C.F.R.
pt.
383
8
shall
be
deleted
from
the
operating
records
twelve
years
after
9
the
date
of
conviction
or
the
effective
date
of
revocation.
10
Convictions
or
revocations
that
are
retained
in
the
operating
11
records
for
more
than
twelve
years
under
this
subsection
shall
12
be
considered
only
for
purposes
of
disqualification
actions
13
under
49
C.F.R.
pt.
383
.
14
Sec.
2.
Section
321J.2,
subsection
8,
paragraph
a,
Code
15
2015,
is
amended
by
striking
the
paragraph.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
Current
law
authorizes
the
department
of
transportation
to
20
destroy
certain
records
relating
to
convictions
and
license
21
revocations
for
operating-while-intoxicated
(OWI)
offenses
12
22
years
after
the
date
of
such
conviction
or
revocation.
Current
23
law
also
provides
that
convictions
or
license
revocations
24
deleted
from
motor
vehicle
operating
records
in
this
manner
25
shall
not
be
considered
as
previous
OWI
offenses
for
purposes
26
of
sentencing
or
license
revocation
on
a
subsequent
OWI
27
offense.
28
The
bill
eliminates
these
provisions.
29
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