SF 2288 (LSB 5381SV (2) 91)

SENATE FILE 2288

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 2030)

A BILL FOR

An Act concerning speed-related driving violations, providing penalties, making penalties applicable, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.209, Code 2026, is amended to read as follows:
   321.209  Mandatory revocation.
   1.  The department, upon thirty days’ notice and without preliminary hearing, shall revoke the license or operating privilege of an operator upon receiving a record of the operator’s conviction for any of the following offenses, when such conviction has become final:
   1.  a.  Manslaughter resulting from the operation of a motor vehicle.
   2.  b.  A felony if during the commission of the felony a motor vehicle is used.
   3.  c.  Failure to stop and render aid as required under the laws of this state or to otherwise comply with section 321.261 in the event of a motor vehicle accident resulting in the death or personal injury of another.
   4.  d.  Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles.
   5.  e.  Conviction, or forfeiture of bail not vacated, upon two charges A second or subsequent charge of reckless driving.
   6.  f.  Conviction of drag Drag racing.
   7.  g.  Eluding or attempting to elude a law enforcement vehicle as provided in section 321.279.
   h.  Exceeding a speed limit with a detected speed of one hundred miles per hour or more, if not revoked under subsection 2.
   2.  Upon certification, subject to penalty for perjury, by a peace officer who issues a citation for exceeding a speed limit to a person who operated a motor vehicle with a detected speed of one hundred miles per hour or more, the department shall revoke the person’s driver’s license.
   a.  The peace officer who detected the excessive speed may, on behalf of the department, serve immediate notice of intention to revoke and of revocation on the person. If the peace officer serves immediate notice, the peace officer shall take the Iowa driver’s license of the person, if any, and issue a temporary license effective for ten days. The peace officer shall immediately send the person’s license to the department along with the officer’s certificate indicating the person’s detected excessive speed.
   b.  A person whose driver’s license is revoked under this subsection may appeal the revocation in the manner provided to a person suspected of violating section 321J.2 as provided in section 321J.13.
   c.  The department shall adopt rules pursuant to chapter 17A to administer this subsection.
    Sec. 2.  Section 321.212, subsection 1, paragraphs b and c, Code 2026, are amended to read as follows:
   b.  The department shall not revoke a license under the provisions of section 321.209, subsection 5 1, paragraph “e”, for more than thirty days nor less than five days as recommended by the trial court.
   c.  The department shall revoke a license for six months for a first offense under the provisions of section 321.209, subsection 6 1, paragraph “f”, where the violation charged did not result in a personal injury or damage to property.
    Sec. 3.  Section 321.212, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The department shall revoke a license for ninety days under the provisions of section 321.209, subsection 1, paragraph “h”, or section 321.209, subsection 2.
    Sec. 4.  Section 321.215, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 321.209, subsections 1 through 5 subsection 1, paragraphs “a” through “d” or “h”; to a person whose license is revoked pursuant to section 321.209, subsection 2; to a juvenile whose license has been suspended or revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B or section 126.3; to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6 1, paragraph “f”, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.
    Sec. 5.  Section 321.215, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5, 6, or 7 1, paragraph “e”, “f”, or “g”, or section 321.210, 321.210A, or 321.513; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
    Sec. 6.  Section 321.277, subsection 1, Code 2026, is amended to read as follows:
   1.  A person who drives any a vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property, including but not limited to by exceeding a speed limit by twenty-five miles per hour or more, is guilty of reckless driving.
    Sec. 7.  Section 321.482A, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.288, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,  321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333,  section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 8.  Section 805.8A, subsection 5, paragraph a, subparagraph (5), Code 2026, is amended to read as follows:
   (5)  One Two hundred thirty-five eighty-five dollars plus five dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
    Sec. 9.  APPLICABILITY.  This Act applies on and after March 1, 2027, or the publication date of the issue of the Iowa administrative bulletin that includes a statement by the director of transportation that the applicable phase of the department of transportation’s new statewide records system is implemented, whichever is earlier. The department shall forward a copy of the statement to the Iowa Code editor prior to publication.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns speed-related driving violations.
   Under current law, the department of transportation (DOT) must revoke the driver’s license of a person who is convicted of certain crimes involving a motor vehicle. Upon revoking a driver’s license, the DOT is prohibited from granting an application for a new license until the expiration of one year after the revocation, unless another period is specified by law. A person whose driver’s license was revoked must apply for a new license and pay the required fees under Code section 321.191, including a $20 reinstatement fee.
   The bill requires the DOT to revoke the driver’s license of a person who is convicted of exceeding a speed limit with a detected speed of 100 miles per hour (MPH) or more. The driver’s license must be revoked for 90 days and the person is ineligible for a temporary restricted license under Code section 321.215.
   The bill authorizes a peace officer, on behalf of the DOT, to serve immediate notice of intention to revoke and of revocation on a person cited for exceeding a speed limit with a detected speed of 100 MPH or more. If the peace officer serves immediate notice, the peace officer is required to take the Iowa driver’s license of the person and issue a temporary license effective for 10 days. The peace officer must immediately send the person’s license to the DOT along with the officer’s certificate indicating the person’s detected excessive speed. This process exists under current law for persons who refuse to submit to chemical testing after a suspected operating-while-intoxicated (OWI) violation (Code section 321J.9). A person whose driver’s license is revoked under the bill may appeal the revocation in the manner provided to a person suspected of violating Code section 321J.2 (OWI) as provided in Code section 321J.13 (hearing on revocation —— appeal).
   The DOT is required to adopt administrative rules to administer the mandatory license revocation provisions of the bill.
   The bill makes conforming internal Code reference changes, eliminates a conflict regarding the issuance of a temporary restricted license for second and subsequent reckless driving violations, and strikes certain references to “conviction” and “forfeiture of bail not vacated” in Code section 321.209 to reduce duplication. When used in Code chapter 321 (motor vehicles and law of the road), “conviction” is defined to mean a final conviction, including but not limited to a plea of guilty or nolo contendere accepted by the court, a final administrative ruling or determination, or an unvacated forfeiture of bail or collateral deposited to secure a person’s appearance in court.
   Under current law, a person who drives a vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving, in violation of Code section 321.277. A person convicted for reckless driving commits a simple 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.
   The bill provides that exceeding the speed limit by 25 MPH or more is reckless driving.
   By operation of law, a person who drives recklessly in violation of Code section 321.277, as amended by the bill, commits a class “C” felony if the violation unintentionally causes the death of another, and commits a class “D” felony if the violation unintentionally causes a serious injury (see Code section 707.6A —— homicide or serious injury by vehicle). Under current law, Code section 707.6A also applies if a person, other than a member of a public safety agency, exceeds the posted speed limit by 25 MPH or more and unintentionally causes death or serious injury, if the speeding violation is the proximate cause of the death or injury.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   Under current law, Code section 321.288 requires a person operating a motor vehicle to control the vehicle at all times and reduce the speed of the vehicle to a reasonable and proper rate when approaching a pedestrian walking or an animal being led, ridden, or driven on a highway; when approaching and traversing a crossing, intersection, sharp turn, curve, or steep descent on a highway; when approaching and passing an emergency warning device, emergency vehicle displaying revolving or flashing lights, or slow-moving vehicle displaying reflective devices; and when approaching and passing through a work zone. The scheduled fine for a violation of Code section 321.288 is $135. Code section 321.482A sets forth additional penalties applicable when a person is convicted of operating a motor vehicle in violation of certain Code sections in Code chapter 321 (motor vehicles and law of the road) if such violation causes serious injury to or the death of another person.
   The bill adds Code section 321.288 to the list of violations subject to additional penalties under Code section 321.482A.  When a person is convicted of a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license or operating privileges for not more than 90 days, or both. When a person is convicted of a violation causing death, the additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.
   Under current law, a person who operates a motor vehicle in excess of a speed limit under Code section 321.236(5, 11) (public parks and alleys), Code section 321.285 (speed restrictions generally), Code section 321.383(5) (implements of husbandry), Code section 321O.5(1) (personal delivery devices), or Code section 461A.36 (state parks and preserves), commits a simple misdemeanor punishable by a scheduled fine that varies depending on the excessive speed. The fine ranges from $30 for a speed in excess of the limit by not more than 5 MPH to $135 plus $5 for each MPH of excessive speed over 20 MPH over the limit.
   The bill increases the scheduled fine for excessive speed over 20 MPH over the limit to $285 plus $5 for each MPH of excessive speed over 20 MPH over the limit.
   The bill applies on and after March 1, 2027, or the publication date of the issue of the Iowa administrative bulletin that includes a statement by the director of transportation that the applicable phase of the DOT’s new records system is implemented, whichever is earlier. The DOT is also required to forward a copy of the statement to the Iowa Code editor.