House
File
113
-
Introduced
HOUSE
FILE
113
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
the
revocation
of
driver’s
licenses
for
1
drug-related
criminal
convictions,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1708HH
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H.F.
113
Section
1.
Section
124.412,
Code
2017,
is
amended
to
read
1
as
follows:
2
124.412
Notice
of
conviction.
3
If
a
person
enters
a
plea
of
guilty
to,
or
forfeits
bail
4
or
collateral
deposited
to
secure
the
person’s
appearance
in
5
court,
and
such
forfeiture
is
not
vacated,
or
if
a
person
6
is
found
guilty
upon
an
indictment
or
information
alleging
a
7
violation
of
this
chapter
,
a
copy
of
the
minutes
attached
to
8
the
indictment
returned
by
the
grand
jury,
or
to
the
county
9
attorney’s
information,
a
copy
of
the
judgment
and
sentence,
10
and
a
copy
of
the
opinion
of
the
judge
if
one
is
filed,
shall
11
be
sent
by
the
clerk
of
the
district
court
or
the
judge
to
12
the
state
department
of
transportation
and
to
any
state
board
13
or
officer
by
whom
the
convicted
person
has
been
licensed
or
14
registered
to
practice
the
person’s
profession
or
carry
on
the
15
person’s
business
,
and
if
the
person
is
a
juvenile,
as
defined
16
in
section
232.2,
to
the
state
department
of
transportation
.
17
On
the
conviction
of
a
person,
the
court
may
suspend
or
revoke
18
the
license
or
registration
of
the
convicted
defendant
to
19
practice
the
defendant’s
profession
or
carry
on
the
defendant’s
20
business.
On
the
application
of
a
person
whose
license
or
21
registration
has
been
suspended
or
revoked,
and
upon
proper
22
showing
and
for
good
cause,
the
board
or
officer
may
reinstate
23
the
license
or
registration.
24
Sec.
2.
Section
126.26,
Code
2017,
is
amended
to
read
as
25
follows:
26
126.26
Notice
of
conviction
under
chapter.
27
If
a
person
juvenile,
as
defined
in
section
232.2,
enters
28
a
plea
of
guilty,
or
forfeits
bail
or
collateral
deposited
29
to
secure
the
person’s
juvenile’s
appearance
in
court,
and
30
the
forfeiture
is
not
vacated,
or
if
a
person
juvenile
is
31
found
guilty
upon
an
indictment
or
information
alleging
a
32
violation
of
this
chapter
,
a
copy
of
the
minutes
attached
to
33
the
indictment
returned
by
the
grand
jury,
or
to
the
county
34
attorney’s
information,
a
copy
of
the
judgment
and
sentence,
35
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5
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113
and
a
copy
of
the
opinion
of
the
judge
if
one
is
filed,
shall
1
be
sent
by
the
clerk
of
the
district
court
or
the
judge
to
the
2
state
department
of
transportation.
3
Sec.
3.
Section
321.212,
subsection
1,
paragraph
d,
Code
4
2017,
is
amended
by
striking
the
paragraph.
5
Sec.
4.
Section
321.215,
subsection
1,
paragraph
b,
Code
6
2017,
is
amended
to
read
as
follows:
7
b.
However,
a
temporary
restricted
license
shall
not
be
8
issued
to
a
person
whose
license
is
revoked
pursuant
to
a
court
9
order
issued
under
section
901.5,
subsection
10
,
or
under
10
section
321.209,
subsections
1
through
5
or
subsection
7
;
to
a
11
juvenile
whose
license
has
been
suspended
or
revoked
pursuant
12
to
a
dispositional
order
under
section
232.52,
subsection
13
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
or
453B
or
14
section
126.3
;
to
a
juvenile
whose
license
has
been
suspended
15
under
section
321.213B
;
or
to
a
person
whose
license
has
been
16
suspended
pursuant
to
a
court
order
under
section
714.7D
.
A
17
temporary
restricted
license
may
be
issued
to
a
person
whose
18
license
is
revoked
under
section
321.209,
subsection
6
,
only
19
if
the
person
has
no
previous
drag
racing
convictions.
A
20
person
holding
a
temporary
restricted
license
issued
by
the
21
department
under
this
section
shall
not
operate
a
motor
vehicle
22
for
pleasure.
23
Sec.
5.
Section
321.215,
subsection
2,
unnumbered
paragraph
24
1,
Code
2017,
is
amended
to
read
as
follows:
25
Upon
conviction
and
the
suspension
or
revocation
of
a
26
person’s
noncommercial
driver’s
license
under
section
321.209,
27
subsection
5
or
6
,
or
section
321.210
,
321.210A
,
or
321.513
;
28
or
upon
revocation
pursuant
to
a
court
order
issued
under
29
section
901.5,
subsection
10
;
or
upon
the
denial
of
issuance
30
of
a
noncommercial
driver’s
license
under
section
321.560
,
31
based
solely
on
offenses
enumerated
in
section
321.555,
32
subsection
1
,
paragraph
“c”
,
or
section
321.555,
subsection
33
2
;
or
upon
suspension
or
revocation
of
a
juvenile’s
driver’s
34
license
pursuant
to
a
dispositional
order
under
section
232.52,
35
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113
subsection
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
1
or
453B
,
or
section
126.3
;
or
upon
suspension
of
a
driver’s
2
license
pursuant
to
a
court
order
under
section
714.7D
,
the
3
person
may
apply
to
the
department
for
a
temporary
restricted
4
license
to
operate
a
motor
vehicle
for
the
limited
purpose
or
5
purposes
specified
in
subsection
1
.
The
application
may
be
6
granted
only
if
all
of
the
following
criteria
are
satisfied:
7
Sec.
6.
Section
321.215,
subsection
2,
paragraph
c,
Code
8
2017,
is
amended
to
read
as
follows:
9
c.
Proof
of
financial
responsibility
is
established
as
10
defined
in
chapter
321A
.
However,
such
proof
is
not
required
11
if
the
driver’s
license
was
suspended
under
section
321.210A
12
or
321.513
or
revoked
pursuant
to
a
court
order
issued
under
13
section
901.5,
subsection
10
.
14
Sec.
7.
Section
321.218,
subsection
1,
Code
2017,
is
amended
15
to
read
as
follows:
16
1.
A
person
whose
driver’s
license
or
operating
privilege
17
has
been
denied,
canceled,
suspended,
or
revoked
as
provided
18
in
this
chapter
or
as
provided
in
section
252J.8
or
section
19
901.5,
subsection
10
,
and
who
operates
a
motor
vehicle
upon
20
the
highways
of
this
state
while
the
license
or
privilege
21
is
denied,
canceled,
suspended,
or
revoked,
commits
a
22
simple
misdemeanor.
In
addition
to
any
other
penalties,
the
23
punishment
imposed
for
a
violation
of
this
subsection
shall
24
include
assessment
of
a
fine
of
not
less
than
two
hundred
fifty
25
dollars
nor
more
than
one
thousand
five
hundred
dollars.
26
Sec.
8.
Section
321A.17,
subsection
4,
Code
2017,
is
amended
27
to
read
as
follows:
28
4.
An
individual
applying
for
a
driver’s
license
following
a
29
period
of
suspension
or
revocation
pursuant
to
a
dispositional
30
order
issued
under
section
232.52,
subsection
2
,
paragraph
31
“a”
,
or
under
section
321.180B
,
section
321.210,
subsection
32
1
,
paragraph
“a”
,
subparagraph
(4),
or
section
321.210A
,
33
321.213A
,
321.213B
,
321.216B
,
or
321.513
,
following
a
period
34
of
suspension
or
revocation
under
section
321.178
or
321.194
,
35
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113
or
following
a
period
of
revocation
pursuant
to
a
court
order
1
issued
under
section
901.5,
subsection
10
,
or
under
section
2
321J.2A
,
is
not
required
to
maintain
proof
of
financial
3
responsibility
under
this
section
.
4
Sec.
9.
Section
453B.16,
Code
2017,
is
amended
to
read
as
5
follows:
6
453B.16
Notice
of
conviction.
7
If
a
person
juvenile,
as
defined
in
section
232.2,
enters
8
a
plea
of
guilty,
or
forfeits
bail
or
collateral
deposited
9
to
secure
the
person’s
juvenile’s
appearance
in
court,
and
10
the
forfeiture
is
not
vacated,
or
if
a
person
juvenile
is
11
found
guilty
upon
an
indictment
or
information
alleging
a
12
violation
of
this
chapter
,
a
copy
of
the
minutes
attached
to
13
the
indictment
returned
by
the
grand
jury,
or
to
the
county
14
attorney’s
information,
a
copy
of
the
judgment
and
sentence,
15
and
a
copy
of
the
opinion
of
the
judge
if
one
is
filed,
shall
16
be
sent
by
the
clerk
of
the
district
court
or
the
judge
to
the
17
state
department
of
transportation.
18
Sec.
10.
Section
901.5,
subsection
10,
Code
2017,
is
amended
19
by
striking
the
subsection.
20
Sec.
11.
CONTINGENT
EFFECTIVE
DATE.
This
Act
takes
effect
21
on
the
date
the
governor
submits
to
the
United
States
secretary
22
of
transportation
a
written
certification
that
the
governor
is
23
opposed
to
the
enforcement
in
this
state
of
a
law
described
24
in
23
U.S.C.
§159(a)(3)(A)
and
a
written
certification
that
25
the
general
assembly
has
adopted
a
joint
resolution
expressing
26
its
opposition
to
the
same,
in
accordance
with
23
U.S.C.
27
§159(a)(3)(B).
The
office
of
the
governor
shall
notify
the
28
Code
editor
upon
submission
of
the
certifications
described
in
29
this
section.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
Current
law
requires
a
court
to
order
the
department
of
34
transportation
(DOT)
to
revoke
a
defendant’s
driver’s
license
35
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113
for
180
days
if
the
defendant
is
sentenced
for
a
controlled
1
substance
offense
under
Code
section
124.401
(manufacturers,
2
possessors,
and
counterfeit
substances),
124.401A
(enhanced
3
penalty
for
manufacture
or
distribution
on
certain
property),
4
124.402
(distributors,
registrants,
and
proprietors),
5
or
124.403
(distribution,
use,
possession,
records,
and
6
information),
a
drug
or
drug-related
offense
under
Code
7
section
126.3
(prohibited
acts
related
to
drugs,
devices,
and
8
cosmetics),
or
a
controlled
substance
tax
offense
under
Code
9
chapter
453B.
Current
law
also
requires
a
court
to
send
a
copy
10
of
the
order
and
a
notice
of
conviction
to
the
DOT.
11
This
bill
strikes
those
provisions.
However,
the
bill
does
12
not
affect
the
suspension
or
revocation
of
juveniles’
driver’s
13
licenses
under
Code
section
232.52
for
violations
of
Code
14
chapter
124,
126,
or
453B.
15
The
bill
takes
effect
on
the
date
the
governor
submits
16
to
the
United
States
secretary
of
transportation
a
written
17
certification
that
the
governor
is
opposed
to
the
enforcement
18
in
Iowa
of
a
law
described
in
23
U.S.C.
§159(a)(3)(A)
and
a
19
written
certification
that
the
general
assembly
has
adopted
20
a
joint
resolution
expressing
its
opposition
to
the
same,
in
21
accordance
with
23
U.S.C.
§159(a)(3)(B).
The
bill
requires
22
the
office
of
the
governor
to
notify
the
Code
editor
upon
23
submission
of
the
certifications.
24
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