HF 506 (LSB 1136YH (9) 91)

HOUSE FILE 506

BY  JONES, B. MEYER, and LOHSE

A BILL FOR

An Act relating to the penalties for persons who operate a motor vehicle while their operating privileges are denied, canceled, suspended, revoked, or barred.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.218, subsection 1, Code 2025, is amended to read as follows:
   1.  A person whose driver’s license or operating privilege has been denied, canceled, suspended, or revoked as provided in this chapter or as provided in section 252J.8, and who operates a motor vehicle upon the highways of this state while the license or privilege is denied, canceled, suspended, or revoked, commits a simple misdemeanor one of the following:
   a.  For a first offense, a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 4, paragraph “0k”. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars nor more than one thousand five hundred dollars.
   b.  For a second offense, a simple misdemeanor.
   c.  For a third or subsequent offense, a serious misdemeanor.
    Sec. 2.  Section 321.218, subsection 2, Code 2025, is amended by striking the subsection.
    Sec. 3.  Section 321A.32, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  Any A person whose license or registration or nonresident’s nonresident operating privilege has been suspended, denied, or revoked under this chapter or continues to remain suspended or revoked under this chapter, and who, during such suspension, denial, or revocation, or during such continuing suspension or continuing revocation, drives any motor vehicle upon any highway or knowingly commits one of the following: 
   (1)  For a first offense, a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 4, paragraph “0k”.
   (2)  For a second offense, a simple misdemeanor.
   (3)  For a third or subsequent offense, a serious misdemeanor.
   b.  A person who drives or knowingly permits any a motor vehicle owned by such person to be operated by another upon any a highway, while the vehicle’s registration is suspended, denied, or revoked under this chapter, except as permitted under this chapter, shall be guilty of a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection paragraph shall include assessment of a fine of not less than two hundred fifty dollars nor more than one thousand five hundred dollars.
    Sec. 4.  Section 321J.21, subsection 1, Code 2025, is amended to read as follows:
   1.  A person whose driver’s license or nonresident operating privilege has been suspended, denied, revoked, or barred due to a violation of this chapter and who drives a motor vehicle while the license or privilege is suspended, denied, revoked, or barred commits a serious misdemeanor one of the following: 
   a.  For a first offense, a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 4, paragraph “0k”. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of one thousand dollars.
   b.  For a second offense, a simple misdemeanor.
   c.  For a third or subsequent offense, a serious misdemeanor.
    Sec. 5.  Section 805.8A, subsection 4, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0k.  Section 321.218, subsection 1, paragraph “a”, section 321A.32, subsection 1, paragraph “a”, subparagraph (1), and section 321J.21, subsection 1, paragraph “a”$250.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who operates a motor vehicle while the person’s driver’s license or operating privilege is denied, canceled, suspended, or revoked under Code chapter 321 (motor vehicles and law of the road) or while the person’s driver’s license is suspended, denied, or revoked under Code chapter 321A (motor vehicle financial responsibility) commits a simple misdemeanor. These simple misdemeanors are punishable by confinement for no more than 30 days and a fine of at least $250 but not more than $1,500 (rather than the default simple misdemeanor fine range between $105 and $855). The sentence imposed for such a violation under Code chapter 321 cannot be suspended. If a person operates a motor vehicle while the person’s driver’s license is suspended, denied, revoked, or barred due to a violation of Code chapter 321J (operating while intoxicated (OWI)), the person commits a serious misdemeanor punishable by confinement for no more than one year and a fine of $1,000 (rather than the default serious misdemeanor fine range between $430 and $2,560).
   This bill makes a first offense for operating a motor vehicle while the driver’s license is canceled (under Code chapter 321), or denied, suspended, or revoked (under Code chapters 321, 321A, and 321J), or barred (under Code chapter 321J), a scheduled violation under Code section 805.8A. The scheduled fine for such a violation is $250. The bill makes a second violation a simple misdemeanor and a third or subsequent violation a serious misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill also strikes the prohibition on suspending the sentence under Code section 321.218.
   In accordance with current law (Code sections 805.6 through 805.11), a uniform citation and complaint, and associated procedures, is authorized for charging traffic violations and other violations which are designated as scheduled violations by Code section 805.8A (motor vehicle and transportation scheduled violations), 805.8B (navigation, recreation, hunting, and fishing scheduled violations), or 805.8C (miscellaneous scheduled violations).
   The underlying driver’s license sanction of a person convicted for driving while denied, canceled, suspended, revoked, or barred under the bill would be extended in accordance with current law.