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 -1- LSB 1349SV (2) 88 ns/rh 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 -2- LSB 1349SV (2) 88 ns/rh 2/ 2