House
Study
Bill
172
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
VONDRAN)
A
BILL
FOR
An
Act
relating
to
the
penalty
for
a
second
or
subsequent
1
violation
of
motor
vehicle
financial
liability
coverage
2
requirements.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.20B,
subsection
4,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
2
follows:
3
If
a
peace
officer
stops
a
motor
vehicle
registered
in
this
4
state
and
the
driver
is
unable
to
provide
proof
of
financial
5
liability
coverage,
the
peace
officer
shall
do
one
of
the
6
following
if
the
driver
has
not
been
convicted
of
a
violation
7
of
subsection
1
within
the
previous
five-year
period
:
8
Sec.
2.
Section
321.20B,
subsection
4,
paragraph
c,
Code
9
2025,
is
amended
by
striking
the
paragraph.
10
Sec.
3.
Section
321.20B,
subsection
5,
unnumbered
paragraph
11
1,
Code
2025,
is
amended
to
read
as
follows:
12
If
the
a
peace
officer
stops
a
motor
vehicle
is
not
13
registered
in
this
state
and
the
driver
is
a
nonresident
and
14
unable
to
provide
proof
of
financial
liability
coverage
,
the
15
peace
officer
shall
do
one
of
the
following
if
the
driver
has
16
not
been
convicted
of
a
violation
of
subsection
1
within
the
17
previous
five-year
period
:
18
Sec.
4.
Section
321.20B,
subsection
5,
paragraph
b,
Code
19
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
20
lieu
thereof
the
following:
21
b.
Issue
a
citation
to
the
driver.
22
Sec.
5.
Section
321.20B,
Code
2025,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
5A.
If
a
peace
officer
stops
a
motor
25
vehicle
and
the
driver
is
unable
to
provide
proof
of
financial
26
liability
coverage
and
has
been
convicted
of
a
violation
of
27
subsection
1
within
the
previous
five-year
period,
the
peace
28
officer
shall
arrest
the
driver.
29
a.
If
the
motor
vehicle
is
registered
in
this
state,
the
30
peace
officer
may
remove
the
motor
vehicle’s
registration
31
plates
and
registration
receipt,
in
which
case
subsection
4,
32
paragraph
“a”
,
subparagraph
(3),
subparagraph
division
(a),
33
applies.
34
b.
The
peace
officer
may
impound
the
motor
vehicle,
in
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which
case
subsection
4,
paragraph
“a”
,
subparagraph
(4),
1
subparagraph
divisions
(b)
and
(c),
apply.
2
c.
If
the
peace
officer
takes
action
under
paragraph
“a”
or
3
“b”
,
and
the
owner
of
the
vehicle
provides
proof
of
financial
4
liability
coverage
to
the
clerk
of
court,
subsection
4,
5
paragraph
“b”
,
subparagraph
(1),
applies.
6
NEW
SUBSECTION
.
5B.
An
owner
or
driver
cited
for
or
charged
7
with
a
violation
of
subsection
1
who
produces
to
the
clerk
of
8
court
prior
to
the
date
of
the
person’s
court
appearance
proof
9
that
financial
liability
coverage
was
in
effect
for
the
motor
10
vehicle
at
the
time
the
person
was
stopped,
or
if
the
driver
11
is
not
the
owner
of
the
motor
vehicle,
proof
that
financial
12
liability
coverage
was
in
effect
for
the
driver
with
respect
13
to
the
motor
vehicle
being
driven
at
the
time
the
driver
was
14
stopped
in
the
same
manner
as
if
the
motor
vehicle
were
owned
15
by
the
driver,
shall
be
given
a
receipt
indicating
that
proof
16
was
provided,
and
the
citation
or
charge
shall
be
dismissed
by
17
the
court.
Upon
dismissal,
the
court
or
clerk
of
court
shall
18
assess
the
costs
of
the
action
against
the
defendant.
19
NEW
SUBSECTION
.
5C.
a.
Except
as
provided
in
paragraph
20
“b”
,
a
person
convicted
of
a
violation
of
subsection
1
is
guilty
21
of
a
simple
misdemeanor
punishable
as
a
scheduled
violation
22
under
section
805.8A,
subsection
14,
paragraph
“f”
.
23
b.
A
person
convicted
of
a
second
or
subsequent
violation
24
of
subsection
1
within
a
five-year
period
is
guilty
of
a
class
25
“D”
felony.
26
Sec.
6.
Section
805.8A,
subsection
14,
paragraph
f,
Code
27
2025,
is
amended
to
read
as
follows:
28
f.
Proof
of
financial
responsibility.
If,
in
connection
with
29
a
motor
vehicle
accident,
a
person
is
charged
and
found
guilty
30
of
a
violation
of
section
321.20B,
subsection
1
,
the
scheduled
31
fine
is
six
hundred
forty-five
dollars;
otherwise,
the
32
scheduled
fine
for
a
violation
of
section
321.20B,
subsection
33
1
,
is
three
hundred
twenty-five
dollars.
Notwithstanding
34
section
805.12
,
fines
collected
pursuant
to
this
paragraph
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shall
be
submitted
to
the
state
court
administrator
and
1
distributed
fifty
percent
to
the
victim
compensation
fund
2
established
in
section
915.94
,
twenty-five
percent
to
the
3
county
in
which
such
fine
is
imposed,
and
twenty-five
percent
4
to
the
general
fund
of
the
state.
This
paragraph
does
not
5
apply
to
a
person
charged
under
section
321.20B,
subsection
5C,
6
paragraph
“b”
.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
Under
current
law,
a
person
driving
a
motor
vehicle
on
a
11
highway
is
required
to
have
financial
liability
coverage
in
12
effect
for
the
motor
vehicle
and
have
the
proof
of
financial
13
liability
coverage
card
issued
for
the
motor
vehicle
in
the
14
motor
vehicle,
unless
specifically
excepted.
For
a
violation
15
of
these
provisions,
a
peace
officer
is
required
to
issue
a
16
warning
memorandum;
issue
a
citation;
issue
a
citation
and
17
remove
the
motor
vehicle’s
license
plates
and
registration
18
receipt;
or
issue
a
citation,
remove
the
motor
vehicle’s
19
license
plates
and
registration
receipt,
and
impound
the
motor
20
vehicle,
when
the
officer
stops
a
driver
whose
vehicle
is
21
registered
in
Iowa.
If
the
vehicle
is
not
registered
in
Iowa
22
and
the
driver
is
a
nonresident,
the
peace
officer
must
issue
a
23
warning
memorandum
or
a
citation.
A
person
who
does
not
have
24
financial
liability
coverage
in
effect
for
the
vehicle
or
who
25
does
not
carry
proof
of
such
coverage
in
the
vehicle
commits
26
a
simple
misdemeanor
punishable
as
a
scheduled
violation.
If
27
in
connection
with
a
motor
vehicle
accident,
the
scheduled
28
fine
is
$645;
otherwise,
the
scheduled
fine
is
$325.
A
fine
29
collected
must
be
submitted
to
the
state
court
administrator
30
and
distributed
50
percent
to
the
victim
compensation
fund,
25
31
percent
to
the
county
in
which
such
fine
is
imposed,
and
25
32
percent
to
the
general
fund
of
the
state.
33
This
bill
makes
a
second
or
subsequent
violation
of
Code
34
section
321.20B(1)
within
five
years
a
class
“D”
felony.
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For
the
penalty
enhancement,
the
bill
does
not
distinguish
1
between
vehicles
registered
in
Iowa,
or
not,
or
drivers
who
2
are
residents
of
Iowa,
or
not.
A
peace
officer
is
required
3
to
arrest
the
driver
if
the
driver
cannot
provide
proof
of
4
financial
liability
coverage
and
was
previously
convicted
for
5
the
same
violation
within
five
years.
A
peace
officer
may
6
remove
the
motor
vehicle’s
registration
plates
and
registration
7
receipt,
or
impound
the
motor
vehicle,
in
which
case
associated
8
procedures
under
current
law
apply.
In
accordance
with
9
current
law,
a
person
cited
for
a
violation,
including
a
person
10
arrested
for
a
second
or
subsequent
violation
under
the
bill,
11
may
provide
proof
that
financial
liability
coverage
was
in
12
effect
at
the
time
the
person
was
stopped
and
the
court
must
13
dismiss
the
citation
or
charge
and
assess
costs
to
the
person.
14
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
15
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
16
than
$10,245.
The
fine
will
be
collected
by
the
clerk
of
the
17
district
court
and
submitted
to
the
state
court
administrator
18
for
distribution
as
provided
in
Code
section
602.8108.
19
Financial
liability
coverage
is
generally
required
to
be
20
in
effect
for
every
motor
vehicle
driven
on
Iowa
highways.
21
However,
the
requirement
does
not
apply
to
vehicles
owned
by
22
or
leased
to
the
United
States,
Iowa,
or
another
state,
or
any
23
political
subdivision
thereof;
vehicles
subject
to
Code
section
24
325A.6
(motor
carrier
insurance);
certain
motor
vehicles
not
25
subject
to
registration
(Code
section
321.18);
a
lienholder
26
with
a
security
interest
in
a
motor
vehicle
that
does
not
27
drive
or
move
the
vehicle;
and
motor
vehicles
owned
by
a
motor
28
vehicle
dealer
or
wholesaler
licensed
pursuant
to
Code
chapter
29
322.
30
The
bill
makes
organizational
changes
to
Code
section
31
321.20B.
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