Senate
File
2097
-
Introduced
SENATE
FILE
2097
BY
SINCLAIR
A
BILL
FOR
An
Act
relating
to
the
lookback
period
for
prior
1
operating-while-intoxicated
convictions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5223XS
(1)
89
th/ns
S.F.
2097
Section
1.
Section
321.12,
subsection
4,
Code
2022,
is
1
amended
to
read
as
follows:
2
4.
The
director
department
shall
not
destroy
any
operating
3
records
of
a
person
still
living
pertaining
to
arrests
or
4
convictions
for
operating
while
intoxicated
,
in
violation
of
5
section
321J.2
,
or
operating
records
pertaining
to
revocations
6
for
violations
of
section
321J.2A
,
except
that
a
conviction
or
7
revocation
under
section
321J.2
or
321J.2A
that
is
not
subject
8
to
49
C.F.R.
pt.
383
shall
be
deleted
from
the
operating
9
records
twelve
years
after
the
date
of
conviction
or
the
10
effective
date
of
revocation.
Convictions
or
revocations
that
11
are
retained
in
the
operating
records
for
more
than
twelve
12
years
under
this
subsection
shall
be
considered
only
for
13
purposes
of
disqualification
actions
under
49
C.F.R.
pt.
383
.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
Under
current
law,
a
record
for
operating
while
intoxicated
18
(OWI)
in
violation
of
Code
section
321J.2
is
required
to
be
19
deleted
from
the
department
of
transportation
(DOT)
operating
20
records
12
years
after
the
date
of
conviction
or
the
effective
21
date
of
a
driver’s
license
revocation.
Deleted
records
22
cannot
be
considered
as
a
prior
conviction
for
the
purpose
of
23
determining
whether
a
current
OWI
violation
is
considered
a
24
second,
third,
or
subsequent
offense
by
a
court.
25
This
bill
prohibits
the
DOT
from
deleting
any
record
of
a
26
person’s
conviction
or
license
revocation
due
to
OWI
violations
27
while
the
person
is
alive.
28
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(1)
89
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