Senate
File
462
-
Introduced
SENATE
FILE
462
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1008)
A
BILL
FOR
An
Act
relating
to
restrictions
on
bailable
defendants
charged
1
with
homicide
by
motor
vehicle.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1349SV
(2)
88
ns/rh
S.F.
462
Section
1.
Section
811.2,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
Any
bailable
defendant
who
is
charged
3
with
unintentionally
causing
the
death
of
another
by
operating
4
a
motor
vehicle
in
violation
of
section
707.6A,
subsection
1
5
or
2,
and
who
is
ordered
released
may,
as
a
condition
of
that
6
release,
be
subject
to
a
court
order
immediately
suspending
the
7
defendant’s
driver’s
license
and
prohibiting
the
defendant
from
8
operating
a
motor
vehicle,
and
be
placed
under
supervision.
9
The
clerk
of
the
district
court
shall,
upon
entry
of
the
10
order,
forward
notice
of
the
order
suspending
the
defendant’s
11
driver’s
license
to
the
department
of
transportation.
Upon
12
receipt
of
the
notice,
the
department
of
transportation
shall
13
note
the
suspension
in
the
defendant’s
driving
record.
The
14
department
of
transportation
shall
not
issue
a
new
license
to
15
the
defendant
until
the
court
terminates
the
order.
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
This
bill
provides
that
any
bailable
defendant
who
is
20
charged
with
unintentionally
causing
the
death
of
another
21
by
operating
a
motor
vehicle
in
violation
of
Code
section
22
707.6A(1)
(operating-while-intoxicated)
or
Code
section
23
707.6A(2)
(reckless
driving
or
eluding
law
enforcement)
and
who
24
is
ordered
released
may,
as
a
condition
of
that
release,
be
25
subject
to
a
court
order
immediately
suspending
the
defendant’s
26
driver’s
license
and
prohibiting
the
defendant
from
operating
a
27
motor
vehicle,
and
be
placed
under
supervision.
28
The
bill
requires
the
clerk
of
the
district
court
to,
upon
29
entry
of
the
order,
forward
notice
of
the
order
suspending
30
the
defendant’s
driver’s
license
to
the
department
of
31
transportation
(DOT).
Upon
receipt
of
the
notice,
the
DOT
32
must
note
the
suspension
in
the
defendant’s
driving
record.
33
The
bill
prohibits
the
DOT
from
issuing
a
new
license
to
the
34
defendant
until
the
court
terminates
the
order.
35
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1/
2
S.F.
462
Under
Code
section
811.1,
a
defendant
is
not
bailable
if
the
1
defendant
is
awaiting
judgment
of
conviction
and
sentencing
2
following
either
a
plea
or
verdict
of
guilty
for
a
charge
3
under
Code
section
707.6A(1)
or
if
the
defendant
is
appealing
4
a
conviction
for
a
violation
of
Code
section
707.6A(1)
5
or
707.6A(2).
Therefore,
the
bill
does
not
apply
to
such
6
defendants.
7
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2/
2