HF 53 (LSB 1619YH (2) 86)

HOUSE FILE 53

BY  SALMON

A BILL FOR

An Act eliminating the twelve-year look-back provision for determining whether an offense for operating-while-intoxicated is a second or subsequent offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.12, subsection 4, Code 2015, is amended to read as follows:
   4.  The director shall not destroy any operating records pertaining to arrests or convictions for operating while intoxicated, in violation of section 321J.2 or operating records pertaining to revocations for violations of section 321J.2A, except that a conviction or revocation under section 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 shall be deleted from the operating records twelve years after the date of conviction or the effective date of revocation. Convictions or revocations that are retained in the operating records for more than twelve years under this subsection shall be considered only for purposes of disqualification actions under 49 C.F.R. pt. 383.
    Sec. 2.  Section 321J.2, subsection 8, paragraph a, Code 2015, is amended by striking the paragraph.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law authorizes the department of transportation to destroy certain records relating to convictions and license revocations for operating-while-intoxicated (OWI) offenses 12 years after the date of such conviction or revocation. Current law also provides that convictions or license revocations deleted from motor vehicle operating records in this manner shall not be considered as previous OWI offenses for purposes of sentencing or license revocation on a subsequent OWI offense.
   The bill eliminates these provisions.