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) 86 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 -1- LSB 1619YH (2) 86 ns/nh 1/ 1