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