Senate File 2030 - Introduced SENATE FILE 2030 BY LOFGREN A BILL FOR An Act concerning speed-related driving violations, providing 1 penalties, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5381XS (4) 91 th/ns
S.F. 2030 Section 1. Section 321.209, Code 2026, is amended to read 1 as follows: 2 321.209 Mandatory revocation. 3 1. The department, upon thirty days’ notice and without 4 preliminary hearing, shall revoke the license or operating 5 privilege of an operator upon receiving a record of the 6 operator’s conviction for any of the following offenses, when 7 such conviction has become final: 8 1. a. Manslaughter resulting from the operation of a motor 9 vehicle. 10 2. b. A felony if during the commission of the felony a 11 motor vehicle is used. 12 3. c. Failure to stop and render aid as required under the 13 laws of this state or to otherwise comply with section 321.261 14 in the event of a motor vehicle accident resulting in the death 15 or personal injury of another. 16 4. d. Perjury or the making of a false affidavit or 17 statement under oath to the department under this chapter or 18 under any other law relating to the ownership or operation of 19 motor vehicles. 20 5. e. Conviction, or forfeiture of bail not vacated, upon 21 two charges A second or subsequent charge of reckless driving. 22 6. f. Conviction of drag Drag racing. 23 7. g. Eluding or attempting to elude a law enforcement 24 vehicle as provided in section 321.279 . 25 h. Exceeding a speed limit with a detected speed of one 26 hundred miles per hour or more, if not revoked under subsection 27 2. 28 2. Upon certification, subject to penalty for perjury, by a 29 peace officer who issues a citation for exceeding a speed limit 30 to a person who operated a motor vehicle with a detected speed 31 of one hundred miles per hour or more, the department shall 32 revoke the person’s driver’s license. 33 a. The peace officer who detected the excessive speed 34 may, on behalf of the department, serve immediate notice of 35 -1- LSB 5381XS (4) 91 th/ns 1/ 7
S.F. 2030 intention to revoke and of revocation on the person. If the 1 peace officer serves immediate notice, the peace officer shall 2 take the Iowa driver’s license of the person, if any, and issue 3 a temporary license effective for ten days. The peace officer 4 shall immediately send the person’s license to the department 5 along with the officer’s certificate indicating the person’s 6 detected excessive speed. 7 b. A person whose driver’s license is revoked under this 8 subsection may appeal the revocation in the manner provided to 9 a person suspected of violating section 321J.2 as provided in 10 section 321J.13. 11 c. The department shall adopt rules pursuant to chapter 17A 12 to administer this subsection. 13 Sec. 2. Section 321.212, subsection 1, paragraphs b and c, 14 Code 2026, are amended to read as follows: 15 b. The department shall not revoke a license under the 16 provisions of section 321.209, subsection 5 1, paragraph 17 “e” , for more than thirty days nor less than five days as 18 recommended by the trial court. 19 c. The department shall revoke a license for six months 20 for a first offense under the provisions of section 321.209, 21 subsection 6 1, paragraph “f” , where the violation charged did 22 not result in a personal injury or damage to property. 23 Sec. 3. Section 321.212, subsection 1, Code 2026, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . d. The department shall revoke a license for 26 thirty days under the provisions of section 321.209, subsection 27 1, paragraph “h” , or section 321.209, subsection 2. 28 Sec. 4. Section 321.215, subsection 1, paragraph b, Code 29 2026, is amended to read as follows: 30 b. However, a temporary restricted license shall not 31 be issued to a person whose license is revoked pursuant to 32 a court order issued under section 321.209, subsections 1 33 through 5 subsection 1, paragraphs “a” through “d” or “h” ; to a 34 person whose license is revoked pursuant to section 321.209, 35 -2- LSB 5381XS (4) 91 th/ns 2/ 7
S.F. 2030 subsection 2; to a juvenile whose license has been suspended 1 or revoked pursuant to a dispositional order under section 2 232.52, subsection 2 , paragraph “a” , for a violation of chapter 3 124 or 453B or section 126.3 ; to a juvenile whose license has 4 been suspended under section 321.213B ; or to a person whose 5 license has been suspended pursuant to a court order under 6 section 714.7D . A temporary restricted license may be issued 7 to a person whose license is revoked under section 321.209, 8 subsection 6 1, paragraph “f” , only if the person has no 9 previous drag racing convictions. A person holding a temporary 10 restricted license issued by the department under this section 11 shall not operate a motor vehicle for pleasure. 12 Sec. 5. Section 321.215, subsection 2, unnumbered paragraph 13 1, Code 2026, is amended to read as follows: 14 Upon conviction and the suspension or revocation of a 15 person’s noncommercial driver’s license under section 321.209, 16 subsection 5, 6, or 7 1, paragraph “e” , “f” , or “g” , or section 17 321.210 , 321.210A , or 321.513 ; or upon the denial of issuance 18 of a noncommercial driver’s license under section 321.560 , 19 based solely on offenses enumerated in section 321.555, 20 subsection 1 , paragraph “c” , or section 321.555, subsection 21 2 ; or upon suspension or revocation of a juvenile’s driver’s 22 license pursuant to a dispositional order under section 232.52, 23 subsection 2 , paragraph “a” , for a violation of chapter 124 24 or 453B , or section 126.3 ; or upon suspension of a driver’s 25 license pursuant to a court order under section 714.7D , the 26 person may apply to the department for a temporary restricted 27 license to operate a motor vehicle for the limited purpose or 28 purposes specified in subsection 1 . The application may be 29 granted only if all of the following criteria are satisfied: 30 Sec. 6. Section 321.277, subsection 1, Code 2026, is amended 31 to read as follows: 32 1. A person who drives any a vehicle in such manner as 33 to indicate either a willful or a wanton disregard for the 34 safety of persons or property , including but not limited to by 35 -3- LSB 5381XS (4) 91 th/ns 3/ 7
S.F. 2030 exceeding a speed limit by more than twenty miles per hour, is 1 guilty of reckless driving. 2 Sec. 7. Section 321.482A, unnumbered paragraph 1, Code 3 2026, is amended to read as follows: 4 Notwithstanding section 321.482 , a person who is convicted 5 of operating a motor vehicle in violation of section 321.256 , 6 321.257 , section 321.275, subsection 4 , section 321.276 , 7 321.288, 321.297 , 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 8 321.305 , 321.306 , 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 9 321.322 , 321.323 , 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , 10 section 321.372, subsection 3 , or section 321.449B , causing 11 serious injury to or the death of another person may be subject 12 to the following penalties in addition to the penalty provided 13 for a scheduled violation in section 805.8A or any other 14 penalty provided by law: 15 Sec. 8. Section 805.8A, subsection 5, paragraph a, 16 subparagraph (5), Code 2026, is amended to read as follows: 17 (5) One Two hundred thirty-five eighty-five dollars plus 18 five dollars for each mile per hour of excessive speed over 19 twenty miles per hour over the limit. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill concerns speed-related driving violations. 24 Under current law, the department of transportation (DOT) 25 must revoke the driver’s license of a person who is convicted 26 of certain crimes involving a motor vehicle. Upon revoking 27 a driver’s license, the DOT is prohibited from granting an 28 application for a new license until the expiration of one year 29 after the revocation, unless another period is specified by 30 law. A person whose driver’s license was revoked must apply 31 for a new license and pay the required fees under Code section 32 321.191, including a $20 reinstatement fee. 33 The bill requires the DOT to revoke the driver’s license 34 of a person who is convicted of exceeding a speed limit with 35 -4- LSB 5381XS (4) 91 th/ns 4/ 7
S.F. 2030 a detected speed of 100 miles per hour (MPH) or more. The 1 driver’s license must be revoked for 30 days and the person 2 is ineligible for a temporary restricted license under Code 3 section 321.215. 4 The bill authorizes a peace officer, on behalf of the 5 DOT, to serve immediate notice of intention to revoke and of 6 revocation on a person cited for exceeding a speed limit with 7 a detected speed of 100 MPH or more. If the peace officer 8 serves immediate notice, the peace officer is required to 9 take the Iowa driver’s license of the person and issue a 10 temporary license effective for 10 days. The peace officer 11 must immediately send the person’s license to the DOT along 12 with the officer’s certificate indicating the person’s detected 13 excessive speed. This process exists under current law for 14 persons who refuse to submit to chemical testing after a 15 suspected operating-while-intoxicated (OWI) violation (Code 16 section 321J.9). A person whose driver’s license is revoked 17 under the bill may appeal the revocation in the manner provided 18 to a person suspected of violating Code section 321J.2 (OWI) 19 as provided in Code section 321J.13 (hearing on revocation —— 20 appeal). 21 The DOT is required to adopt administrative rules to 22 administer the mandatory license revocation provisions of the 23 bill. 24 The bill makes conforming internal Code reference changes, 25 eliminates a conflict regarding the issuance of a temporary 26 restricted license for second and subsequent reckless driving 27 violations, and strikes certain references to “conviction” 28 and “forfeiture of bail not vacated” in Code section 321.209 29 to reduce duplication. When used in Code chapter 321 (motor 30 vehicles and law of the road), “conviction” is defined to 31 mean a final conviction, including but not limited to a plea 32 of guilty or nolo contendere accepted by the court, a final 33 administrative ruling or determination, or an unvacated 34 forfeiture of bail or collateral deposited to secure a person’s 35 -5- LSB 5381XS (4) 91 th/ns 5/ 7
S.F. 2030 appearance in court. 1 Under current law, a person who drives a vehicle in such 2 manner as to indicate either a willful or a wanton disregard 3 for the safety of persons or property is guilty of reckless 4 driving, in violation of Code section 321.277. A person 5 convicted for “reckless driving” commits a simple misdemeanor. 6 A simple misdemeanor is punishable by confinement for no more 7 than 30 days and a fine of at least $105 but not more than $855. 8 The bill provides that exceeding the speed limit by more than 9 20 MPH is reckless driving. 10 By operation of law, a person who drives recklessly in 11 violation of Code section 321.277, as amended by the bill, 12 commits a class “C” felony if the violation unintentionally 13 causes the death of another, and commits a class “D” felony 14 if the violation unintentionally causes a serious injury (see 15 Code section 707.6A —— homicide or serious injury by vehicle). 16 Under current law, Code section 707.6A also applies if a 17 person, other than a member of a public safety agency, exceeds 18 the posted speed limit by 25 MPH or more and unintentionally 19 causes death or serious injury, if the speeding violation is 20 the proximate cause of the death or injury. 21 A class “C” felony is punishable by confinement for no more 22 than 10 years and a fine of at least $1,370 but not more than 23 $13,660. A class “D” felony is punishable by confinement for 24 no more than five years and a fine of at least $1,025 but not 25 more than $10,245. 26 Under current law, Code section 321.288 requires a person 27 operating a motor vehicle to control the vehicle at all times 28 and reduce the speed of the vehicle to a reasonable and proper 29 rate when approaching a pedestrian walking or an animal being 30 led, ridden, or driven on a highway; when approaching and 31 traversing a crossing, intersection, sharp turn, curve, or 32 steep descent on a highway; when approaching and passing 33 an emergency warning device, emergency vehicle displaying 34 revolving or flashing lights, or slow-moving vehicle displaying 35 -6- LSB 5381XS (4) 91 th/ns 6/ 7
S.F. 2030 reflective devices; and when approaching and passing through a 1 work zone. The scheduled fine for a violation of Code section 2 321.288 is $135. Code section 321.482A sets forth additional 3 penalties applicable when a person is convicted of operating 4 a motor vehicle in violation of certain Code sections in Code 5 chapter 321 (motor vehicles and law of the road) if such 6 violation causes serious injury to or the death of another 7 person. 8 The bill adds Code section 321.288 to the list of violations 9 subject to additional penalties under Code section 321.482A. 10 When a person is convicted of a violation causing serious 11 injury, the additional penalties include a fine of $500 or 12 suspension of the violator’s driver’s license or operating 13 privileges for not more than 90 days, or both. When a person 14 is convicted of a violation causing death, the additional 15 penalties include a fine of $1,000 or suspension of the 16 violator’s driver’s license or operating privileges for not 17 more than 180 days, or both. 18 Under current law, a person who operates a motor vehicle 19 in excess of a speed limit under Code section 321.236(5, 20 11) (public parks and alleys), Code section 321.285 (speed 21 restrictions generally), Code section 321.383(5) (implements of 22 husbandry), Code section 321O.5(1) (personal delivery devices), 23 or Code section 461A.36 (state parks and preserves), commits a 24 simple misdemeanor punishable by a scheduled fine that varies 25 depending on the excessive speed. The fine ranges from $30 for 26 a speed in excess of the limit by not more than 5 MPH to $135 27 plus $5 for each MPH of excessive speed over 20 MPH over the 28 limit. 29 The bill increases the scheduled fine for excessive speed 30 over 20 MPH over the limit to $285 plus $5 for each MPH of 31 excessive speed over 20 MPH over the limit. 32 -7- LSB 5381XS (4) 91 th/ns 7/ 7