HF 2074 (LSB 5149YH (4) 87)

HOUSE FILE 2074

BY  SALMON

A BILL FOR

An Act relating to driver’s license suspensions and revocations for operating-while-intoxicated offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.210D, Code 2018, is amended to read as follows:
   321.210D  Vehicular homicide suspension Suspension for causing death or serious injury by vehicle —— termination upon revocation of license —— reopening of suspension.
   1.  If a trial information or indictment is filed charging a person with the offense of homicide by vehicle under section 707.6A, subsection 1 or 2, or with an offense under section 707.6A, subsection 4, by the means described in section 707.6A, subsection 1, the clerk of the district court shall, upon the filing of the information or indictment, forward notice to the department including the name and address of the party charged, the registration number of the vehicle involved, if known, the nature of the offense, and the date of the filing of the indictment or information.
   2.  Upon receiving notice from the clerk of the district court that an indictment or information has been filed charging an operator with homicide by vehicle under section 707.6A, an offense listed in subsection 1 or 2, the department shall notify the person that the person’s driver’s license will be suspended effective ten days from the date of issuance of the notice. The department shall adopt rules relating to the suspension of the license of an operator pursuant to this section which shall include, but are not limited to, procedures for the surrender of the person’s license to the department upon the effective date of the suspension.
   3.  If a person whose driver’s license has been suspended pursuant to this section is not convicted of the charge of homicide by vehicle under section 707.6A, an offense listed in subsection 1 or 2, upon record entry of disposition of the charge, the clerk of the district court shall forward a notice including the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense charged by indictment or information, the date of the filing of the indictment or information, and of the disposition of the charge to the department. Upon receipt of the notice from the clerk, the department shall automatically rescind the suspension and reinstate the person’s driver’s license without payment of any charge or penalty.
   4.  Upon receiving a record of conviction under section 321.206, for a violation of section 707.6A, an offense listed in subsection 1 or 2, and upon revocation of the person’s license or operating privileges under section 321.209, the suspension under subsection 2 shall automatically terminate in favor of the revocation.
    Sec. 2.  Section 321.555, subsection 1, paragraph h, Code 2018, is amended to read as follows:
   h.  Serious injury by a vehicle in violation of section 707.6A, subsection 4, by any of the means described in section 707.6A, subsection 2.
    Sec. 3.  Section 321J.2, subsection 3, paragraph d, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   Revocation of the person’s driver’s license for a minimum period of one hundred eighty days year up to a maximum revocation period of one year two years, pursuant to section 321J.4, subsection 1, section 321J.9, or section 321J.12, subsection 2. If a revocation occurs due to test refusal under section 321J.9, the defendant shall be ineligible for a temporary restricted license for a minimum period of ninety days.
    Sec. 4.  Section 321J.2, subsection 4, paragraph c, Code 2018, is amended to read as follows:
   c.  Revocation of the defendant’s driver’s license for a period of one year two years, if a revocation occurs pursuant to section 321J.12, subsection 1. If a revocation occurs due to test refusal under section 321J.9, or pursuant to section 321J.4, subsection 2, the defendant’s license shall be revoked for a period of two four years.
    Sec. 5.  Section 321J.2, subsection 5, paragraph c, Code 2018, is amended to read as follows:
   c.  Revocation Permanent revocation of the person’s driver’s license for a period of six years pursuant to section 321J.4, subsection 4.
    Sec. 6.  Section 321J.4, subsection 1, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   If a defendant is convicted of a violation of section 321J.2 and the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for one hundred eighty days year if the defendant submitted to chemical testing and has had no previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for one year two years if the defendant refused to submit to chemical testing and has had no previous conviction or revocation under this chapter. The defendant shall not be eligible for any temporary restricted license for at least ninety days if a test was refused under section 321J.9.
    Sec. 7.  Section 321J.4, subsections 2, 4, 5, and 6, Code 2018, are amended to read as follows:
   2.  If a defendant is convicted of a violation of section 321J.2, and the defendant’s driver’s license or nonresident operating privilege has not already been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for one year two years if the defendant submitted to chemical testing and has had a previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for two four years if the defendant refused to submit to chemical testing and has had a previous revocation under this chapter. The defendant shall not be eligible for any temporary restricted license for forty-five days after the effective date of revocation if the defendant submitted to chemical testing and shall not be eligible for any temporary restricted license for ninety days after the effective date of revocation if the defendant refused chemical testing. The temporary restricted license shall be issued in accordance with section 321J.20, subsection 2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
   4.  Upon a plea or verdict of guilty of a third or subsequent violation of section 321J.2, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years permanently. The defendant shall not be eligible for a any temporary restricted license for one year after the effective date of the revocation. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
   5.  Upon a plea or verdict of guilty of a violation of section 321J.2 which involved a personal injury, the court shall determine in open court, from consideration of the information in the file and any other evidence the parties may submit, whether a serious injury, as defined in section 702.18, was sustained by any person other than the defendant and, if so, whether the defendant’s conduct in violation of section 321J.2 caused the serious injury. If the court so determines, the court shall order the department to revoke the defendant’s driver’s license or nonresident operating privilege for a period of one year in addition to any other period of suspension or revocation permanently. The defendant shall not be eligible for any temporary restricted license until the minimum period of ineligibility has expired under this section or section 321J.9, 321J.12, or 321J.20. The defendant shall surrender to the court any Iowa license or permit and the court shall forward it the license or permit to the department with a copy of the order for revocation.
   6.  Upon a plea or verdict of guilty of a violation of section 321J.2 which involved a death, the court shall determine in open court, from consideration of the information in the file and any other evidence the parties may submit, whether a death occurred and, if so, whether the defendant’s conduct in violation of section 321J.2 caused the death. If the court so determines, the court shall order the department to revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years permanently. The defendant shall not be eligible for any temporary restricted license for at least two years after the revocation. The defendant shall surrender to the court any Iowa license or permit and the court shall forward it the license or permit to the department with a copy of the order for revocation.
    Sec. 8.  Section 321J.9, subsection 1, paragraphs a and b, Code 2018, are amended to read as follows:
   a.  One year Two years if the person has no previous revocation under this chapter; and
   b.  Two Four years if the person has had a previous revocation under this chapter.
    Sec. 9.  Section 321J.12, subsection 1, paragraphs a and b, Code 2018, are amended to read as follows:
   a.  One hundred eighty days year if the person has had no revocation under this chapter.
   b.  One year Two years if the person has had a previous revocation under this chapter.
    Sec. 10.  Section 321J.12, subsection 2, paragraph d, Code 2018, is amended to read as follows:
   d.  A person whose license or privileges have been revoked under subsection 1, paragraph “b”, for one year shall not be eligible for any temporary restricted license for forty-five days after the effective date of the revocation, and the department shall require the person to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. The temporary restricted license shall be issued in accordance with section 321J.20, subsection 2. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
    Sec. 11.  Section 321J.20, subsection 1, paragraph a, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   The department may, on application, issue a temporary restricted license to a person whose noncommercial driver’s license is revoked under this chapter allowing unless the person’s noncommercial driver’s license has been permanently revoked. A temporary restricted license issued under this subsection shall allow the person to drive to and from the person’s home and specified places at specified times which can be verified by the department and which are required by the person’s full-time or part-time employment, continuing health care or the continuing health care of another who is dependent upon the person, continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion, substance abuse treatment, court-ordered community service responsibilities, appointments with the person’s parole or probation officer, and participation in a program established pursuant to chapter 901D, if the person’s driver’s license has not been revoked previously under section 321J.4, 321J.9, or 321J.12 and if any of the following apply:
    Sec. 12.  Section 321J.20, subsection 1, paragraph b, Code 2018, is amended to read as follows:
   b.   A temporary restricted license may be issued under this subsection if the person’s noncommercial driver’s license is revoked for two four years under section 321J.4, subsection 2, or section 321J.9, subsection 1, paragraph “b”, and the first three hundred sixty-five days of the revocation have expired.
    Sec. 13.  Section 321J.20, subsection 2, paragraph a, Code 2018, is amended to read as follows:
   a.  Notwithstanding section 321.560, the department may, on application, and upon the expiration of the minimum period of ineligibility for a temporary restricted license provided for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a temporary restricted license to a person whose noncommercial driver’s license has either been revoked under this chapter, or revoked or suspended under chapter 321 solely for violations of this chapter, or who has been determined to be a habitual offender under chapter 321 based solely on violations of this chapter or on violations listed in section 321.560, subsection 1, paragraph “b”, and who is not eligible for a temporary restricted license under subsection 1. However, the department may shall not issue a temporary restricted license under this subsection for a violation of section 321J.2A, or to a person under the age of twenty-one whose license is revoked under section 321J.4, 321J.9, or 321J.12, or to a person whose noncommercial driver’s license has been permanently revoked under this chapter. A temporary restricted license issued under this subsection may allow the person to drive to and from the person’s home and specified places at specified times which can be verified by the department and which are required by the person’s full-time or part-time employment; continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion; substance abuse treatment; or participation in a program established pursuant to chapter 901D.
    Sec. 14.  Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and 4, Code 2018, are amended to read as follows:
   1.  A person commits a class “B” felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2.
   1A.  a.  Upon a plea or verdict of guilty of a violation of this  subsection 1, the defendant shall surrender to the court any Iowa license or permit and the court shall forward the license or permit to the department with a copy of the order of conviction. Upon receipt of the order of conviction, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years permanently. The defendant shall not be eligible for a any temporary restricted license for at least two years after the revocation.
   1B.  b.  Upon a plea or verdict of guilty of a violation of this subsection 1, the court shall order the defendant, at the defendant’s expense, to do the following:
   a.  Enroll, attend, and satisfactorily complete a course for drinking drivers, as provided in section 321J.22.
   b.  Submit submit to evaluation and treatment or rehabilitation services.
   1C.  A driver’s license or nonresident operating privilege shall not be reinstated until proof of completion of the requirements of subsection 1B is presented to the department.
   1D.  c.  Where the program is available and appropriate for the defendant, the court shall also order the defendant to participate in a reality education substance abuse prevention program as provided in section 321J.24.
   4.  A person commits a class “D” felony when the person unintentionally causes a serious injury, as defined in section 702.18, by any of the means described in subsection 1 or 2.  Upon a plea or verdict of guilty of a violation of this subsection by the means described in subsection 1, the defendant shall surrender to the court any Iowa license or permit and the court shall forward the license or permit to the department with a copy of the order of conviction. Upon receipt of the order of conviction, the department shall revoke the defendant’s driver’s license or nonresident operating privilege permanently.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to driver’s license suspensions and revocations for operating-while-intoxicated (OWI) offenses.
   The bill increases the driver’s license revocation period for OWI offenses. For a first OWI offense where the person submitted to a chemical test, the bill increases the driver’s license revocation period from 180 days to one year. For a first OWI offense where the person refused to submit to a chemical test, the bill increases the driver’s license revocation period from one year to two years. For a second OWI offense where the person submitted to a chemical test, the bill increases the driver’s license revocation period from one year to two years. For a second OWI offense where the person refused to submit to a chemical test, the bill increases the driver’s license revocation period from two years to four years. For a third or subsequent OWI offense, the bill strikes the driver’s license revocation period of six years and imposes permanent revocation. For an OWI offense causing death, the bill strikes the driver’s license revocation period of six years and imposes permanent revocation. Finally, for an OWI offense causing serious injury, the bill strikes the driver’s license revocation period of one year, which is in addition to the revocation period for the underlying OWI offense, and imposes permanent revocation.
   Under current law, Code section 321.210D provides, in part, that if a person is charged with an OWI offense causing death, the clerk of the district court shall forward notice to the department of transportation (DOT), and the department shall notify the person that the person’s driver’s license will be suspended effective 10 days from the date of issuance of the notice. If the person is not convicted, the clerk of the district court shall forward a notice to the DOT, and the department shall automatically rescind the suspension and reinstate the person’s driver’s license without payment of any charge or penalty. The bill applies these procedures to a person charged with an OWI offense causing serious injury.
   The bill removes OWI offenses causing serious injury from the list of offenses under Code section 321.555 for which a person can be designated as an habitual offender for the purposes of driver’s license revocation.
   The bill prohibits the DOT from issuing a temporary restricted license under Code chapter 321J to a person whose driver’s license has been permanently revoked.
   Under current law, a person convicted of an OWI offense causing death is required to enroll, attend, and satisfactorily complete a course for drinking drivers designed to inform the person about drinking and driving and encourage the person to assess the person’s own drinking and driving behavior in order to select practical alternatives. The bill strikes this requirement.