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 TLSB 1708HH (3) 87 ns/nh
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 -1- LSB 1708HH (3) 87 ns/nh 1/ 5
H.F. 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 -2- LSB 1708HH (3) 87 ns/nh 2/ 5
H.F. 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 -3- LSB 1708HH (3) 87 ns/nh 3/ 5
H.F. 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 -4- LSB 1708HH (3) 87 ns/nh 4/ 5
H.F. 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 -5- LSB 1708HH (3) 87 ns/nh 5/ 5