House File 506 - Introduced HOUSE FILE 506 BY JONES , B. MEYER , and LOHSE A BILL FOR An Act relating to the penalties for persons who operate a 1 motor vehicle while their operating privileges are denied, 2 canceled, suspended, revoked, or barred. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1136YH (9) 91 th/ns
H.F. 506 Section 1. Section 321.218, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. A person whose driver’s license or operating privilege 3 has been denied, canceled, suspended, or revoked as provided 4 in this chapter or as provided in section 252J.8 , and who 5 operates a motor vehicle upon the highways of this state while 6 the license or privilege is denied, canceled, suspended, or 7 revoked, commits a simple misdemeanor one of the following: 8 a. For a first offense, a simple misdemeanor punishable 9 as a scheduled violation under section 805.8A, subsection 10 4, paragraph “0k” . In addition to any other penalties, the 11 punishment imposed for a violation of this subsection shall 12 include assessment of a fine of not less than two hundred fifty 13 dollars nor more than one thousand five hundred dollars. 14 b. For a second offense, a simple misdemeanor. 15 c. For a third or subsequent offense, a serious misdemeanor. 16 Sec. 2. Section 321.218, subsection 2, Code 2025, is amended 17 by striking the subsection. 18 Sec. 3. Section 321A.32, subsection 1, Code 2025, is amended 19 to read as follows: 20 1. a. Any A person whose license or registration or 21 nonresident’s nonresident operating privilege has been 22 suspended, denied, or revoked under this chapter or continues 23 to remain suspended or revoked under this chapter , and who, 24 during such suspension, denial, or revocation, or during such 25 continuing suspension or continuing revocation, drives any 26 motor vehicle upon any highway or knowingly commits one of the 27 following: 28 (1) For a first offense, a simple misdemeanor punishable 29 as a scheduled violation under section 805.8A, subsection 4, 30 paragraph “0k” . 31 (2) For a second offense, a simple misdemeanor. 32 (3) For a third or subsequent offense, a serious 33 misdemeanor. 34 b. A person who drives or knowingly permits any a motor 35 -1- LSB 1136YH (9) 91 th/ns 1/ 4
H.F. 506 vehicle owned by such person to be operated by another upon 1 any a highway, while the vehicle’s registration is suspended, 2 denied, or revoked under this chapter, except as permitted 3 under this chapter , shall be guilty of a simple misdemeanor. 4 In addition to any other penalties, the punishment imposed 5 for a violation of this subsection paragraph shall include 6 assessment of a fine of not less than two hundred fifty dollars 7 nor more than one thousand five hundred dollars. 8 Sec. 4. Section 321J.21, subsection 1, Code 2025, is amended 9 to read as follows: 10 1. A person whose driver’s license or nonresident operating 11 privilege has been suspended, denied, revoked, or barred due 12 to a violation of this chapter and who drives a motor vehicle 13 while the license or privilege is suspended, denied, revoked, 14 or barred commits a serious misdemeanor one of the following: 15 a. For a first offense, a simple misdemeanor punishable 16 as a scheduled violation under section 805.8A, subsection 17 4, paragraph “0k” . In addition to any other penalties, the 18 punishment imposed for a violation of this subsection shall 19 include assessment of a fine of one thousand dollars. 20 b. For a second offense, a simple misdemeanor. 21 c. For a third or subsequent offense, a serious misdemeanor. 22 Sec. 5. Section 805.8A, subsection 4, Code 2025, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . 0k. Section 321.218, subsection 1, paragraph 25 “a” , section 321A.32, subsection 1, paragraph “a” , subparagraph 26 (1), and section 321J.21, subsection 1, paragraph “a” . . . . . $250. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Under current law, a person who operates a motor vehicle 31 while the person’s driver’s license or operating privilege is 32 denied, canceled, suspended, or revoked under Code chapter 321 33 (motor vehicles and law of the road) or while the person’s 34 driver’s license is suspended, denied, or revoked under Code 35 -2- LSB 1136YH (9) 91 th/ns 2/ 4
H.F. 506 chapter 321A (motor vehicle financial responsibility) commits a 1 simple misdemeanor. These simple misdemeanors are punishable 2 by confinement for no more than 30 days and a fine of at least 3 $250 but not more than $1,500 (rather than the default simple 4 misdemeanor fine range between $105 and $855). The sentence 5 imposed for such a violation under Code chapter 321 cannot be 6 suspended. If a person operates a motor vehicle while the 7 person’s driver’s license is suspended, denied, revoked, or 8 barred due to a violation of Code chapter 321J (operating while 9 intoxicated (OWI)), the person commits a serious misdemeanor 10 punishable by confinement for no more than one year and a fine 11 of $1,000 (rather than the default serious misdemeanor fine 12 range between $430 and $2,560). 13 This bill makes a first offense for operating a motor vehicle 14 while the driver’s license is canceled (under Code chapter 15 321), or denied, suspended, or revoked (under Code chapters 16 321, 321A, and 321J), or barred (under Code chapter 321J), a 17 scheduled violation under Code section 805.8A. The scheduled 18 fine for such a violation is $250. The bill makes a second 19 violation a simple misdemeanor and a third or subsequent 20 violation a serious misdemeanor. A simple misdemeanor is 21 punishable by confinement for no more than 30 days and a fine 22 of at least $105 but not more than $855. A serious misdemeanor 23 is punishable by confinement for no more than one year and a 24 fine of at least $430 but not more than $2,560. The bill also 25 strikes the prohibition on suspending the sentence under Code 26 section 321.218. 27 In accordance with current law (Code sections 805.6 through 28 805.11), a uniform citation and complaint, and associated 29 procedures, is authorized for charging traffic violations and 30 other violations which are designated as scheduled violations 31 by Code section 805.8A (motor vehicle and transportation 32 scheduled violations), 805.8B (navigation, recreation, hunting, 33 and fishing scheduled violations), or 805.8C (miscellaneous 34 scheduled violations). 35 -3- LSB 1136YH (9) 91 th/ns 3/ 4
H.F. 506 The underlying driver’s license sanction of a person 1 convicted for driving while denied, canceled, suspended, 2 revoked, or barred under the bill would be extended in 3 accordance with current law. 4 -4- LSB 1136YH (9) 91 th/ns 4/ 4