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House File 46 - IntroducedA Bill ForAn Act 1relating to the impoundment and immobilization of motor
2vehicles involved in operating-while-intoxicated offenses,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.4B, subsection 2, Code 2019, is
2amended to read as follows:
32. a. A motor vehicle is subject to impoundment or
4immobilization in the following circumstances:
5(1) If a person operates a vehicle in violation of section
6321J.2, and if convicted for that conduct, the conviction would
7be a second or subsequent offense under section 321J.2.
8(2) If a person operates a vehicle while that person’s
9driver’s license or nonresident operating privilege has been
10suspended, denied, revoked, or barred due to a violation of
11section 321J.2, in violation of section 321J.21.
12b. The clerk of court shall send notice of a conviction of
13an offense for which the vehicle was impounded or immobilized
14 to the impounding or immobilizing authority upon conviction of
15the defendant for such offense.
16c. Impoundment or immobilization of the vehicle under this
17section may occur in addition to any criminal penalty imposed
18under chapter 321 or this chapter for the underlying criminal
19offense.
20 Sec. 2. Section 321J.4B, subsection 4, Code 2019, is amended
21to read as follows:
224. An owner of a motor vehicle impounded or immobilized
23under this section, who knows of, should have known of,
24or gives consent to the operation of, the motor vehicle in
25violation of subsection 2, paragraph “a”, subparagraph (2),
26shall be considered to be all of the following:
27a. Guilty of a simple serious misdemeanor, and.
28b. Jointly and severally liable for any damages caused
29by the person who operated the motor vehicle, subject to the
30provisions of chapter 668.
31 Sec. 3. Section 321J.4B, subsection 5, paragraph d, Code
322019, is amended to read as follows:
33d. The period of impoundment or immobilization of a motor
34vehicle under this section shall be the period of license
35revocation imposed upon the person convicted of the offense or
-1-1one hundred eighty days year, whichever period is longer. The
2impoundment or immobilization period shall commence on the day
3that the vehicle is first impounded or immobilized.
4 Sec. 4. Section 321J.4B, subsection 6, Code 2019, is amended
5to read as follows:
66. Upon conviction of the defendant for a first violation
7of subsection 2, paragraph “a”, subparagraph (2), where the
8defendant’s driver’s license was originally revoked as a result
9of a second or subsequent violation of section 321J.2, or
10upon conviction of the defendant for a second or subsequent
11violation of subsection 2, paragraph “a”, subparagraph (2),
12the court shall order, if the convicted person defendant is
13the owner of the motor vehicle used in the commission of the
14offense, that that the motor vehicle be seized and forfeited to
15the state pursuant to chapters 809 and 809A.
16 Sec. 5. Section 321J.21, subsection 1, Code 2019, is amended
17to read as follows:
181. A person whose driver’s license or nonresident operating
19privilege has been suspended, denied, revoked, or barred due
20to a violation of this chapter and who drives a motor vehicle
21while the license or privilege is suspended, denied, revoked,
22or barred commits a serious misdemeanor. In addition to any
23other penalties, the punishment imposed for a violation of this
24subsection shall include assessment of a fine of one thousand
25dollars and, if the person is the owner of the motor vehicle
26used in the commission of the offense, immobilization of the
27motor vehicle by the installation of a device in the motor
28vehicle that completely prevents the motor vehicle from being
29operated in accordance with section 321J.4B.
30 Sec. 6. Section 809A.3, subsection 2, Code 2019, is amended
31to read as follows:
322. Notwithstanding subsection 1, violations of chapter
33321 or 321J shall not be considered conduct giving rise to
34forfeiture, except for violations as provided in any of the
35following:
-2- 1a. Section 321.232.
2b. A second or subsequent violation of section 321J.4B,
3subsection 2, paragraph “a”, subparagraph (2).
4c. b. Section 321J.4B, subsection 6, 9, or 10.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Under current law, a motor vehicle operated by a person while
9committing a second or subsequent operating-while-intoxicated
10(OWI) offense, or while that person’s driver’s license has been
11suspended, denied, revoked, or barred due to an OWI offense,
12may be immediately impounded or immobilized (Code section
13321J.4B). An owner of a vehicle impounded or immobilized,
14who knows of, should have known of, or gives consent to the
15operation of the vehicle by a person while that person’s
16driver’s license has been suspended, denied, revoked, or barred
17due to an OWI offense is guilty of a simple misdemeanor. A
18simple misdemeanor is punishable by a fine of at least $65 but
19not to exceed $625 and imprisonment not to exceed 30 days.
20This bill increases the penalty to a serious misdemeanor. A
21serious misdemeanor is punishable by a fine of at least $315
22but not to exceed $1,875 and imprisonment not to exceed one
23year.
24Under current law, the period of impoundment or
25immobilization is the period of license revocation imposed upon
26the person convicted of the OWI offense or 180 days, whichever
27period is longer. The bill increases the period to the period
28of license revocation imposed upon the person convicted of the
29OWI offense or one year, whichever period is longer.
30Under current law, upon conviction of the defendant for a
31second or subsequent violation of operating a vehicle while
32that person’s driver’s license has been suspended, denied,
33revoked, or barred due to an OWI offense, a court is required
34to order, if the defendant is the owner of the vehicle used in
35the commission of the offense, that the vehicle be seized and
-3-1forfeited to the state. The bill provides that the vehicle
2must also be seized and forfeited to the state upon conviction
3of the defendant for a first violation of operating a vehicle
4while that person’s driver’s license has been suspended,
5denied, revoked, or barred due to a second or subsequent OWI
6offense.
7In addition, the bill provides that if a person is convicted
8of a violation of Code section 321J.21 (driving while license
9suspended, denied, revoked, or barred due to an OWI offense),
10and if the person is the owner of the vehicle used in the
11commission of the offense, the vehicle must be immobilized
12through the installation of a device in the vehicle that
13completely prevents the vehicle from being operated in
14accordance with Code section 321J.4B.
15The bill also amends Code sections 321J.4B and 809A.3
16(conduct giving rise to forfeiture) for clarity and
17consistency.
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2vehicles involved in operating-while-intoxicated offenses,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.4B, subsection 2, Code 2019, is
2amended to read as follows:
32. a. A motor vehicle is subject to impoundment or
4immobilization in the following circumstances:
5(1) If a person operates a vehicle in violation of section
6321J.2, and if convicted for that conduct, the conviction would
7be a second or subsequent offense under section 321J.2.
8(2) If a person operates a vehicle while that person’s
9driver’s license or nonresident operating privilege has been
10suspended, denied, revoked, or barred due to a violation of
11section 321J.2, in violation of section 321J.21.
12b. The clerk of court shall send notice of a conviction of
13an offense for which the vehicle was impounded or immobilized
14 to the impounding or immobilizing authority upon conviction of
15the defendant for such offense.
16c. Impoundment or immobilization of the vehicle under this
17section may occur in addition to any criminal penalty imposed
18under chapter 321 or this chapter for the underlying criminal
19offense.
20 Sec. 2. Section 321J.4B, subsection 4, Code 2019, is amended
21to read as follows:
224. An owner of a motor vehicle impounded or immobilized
23under this section, who knows of, should have known of,
24or gives consent to the operation of, the motor vehicle in
25violation of subsection 2, paragraph “a”, subparagraph (2),
26shall be considered to be all of the following:
27a. Guilty of a simple serious misdemeanor, and.
28b. Jointly and severally liable for any damages caused
29by the person who operated the motor vehicle, subject to the
30provisions of chapter 668.
31 Sec. 3. Section 321J.4B, subsection 5, paragraph d, Code
322019, is amended to read as follows:
33d. The period of impoundment or immobilization of a motor
34vehicle under this section shall be the period of license
35revocation imposed upon the person convicted of the offense or
-1-1one hundred eighty days year, whichever period is longer. The
2impoundment or immobilization period shall commence on the day
3that the vehicle is first impounded or immobilized.
4 Sec. 4. Section 321J.4B, subsection 6, Code 2019, is amended
5to read as follows:
66. Upon conviction of the defendant for a first violation
7of subsection 2, paragraph “a”, subparagraph (2), where the
8defendant’s driver’s license was originally revoked as a result
9of a second or subsequent violation of section 321J.2, or
10upon conviction of the defendant for a second or subsequent
11violation of subsection 2, paragraph “a”, subparagraph (2),
12the court shall order, if the convicted person defendant is
13the owner of the motor vehicle used in the commission of the
14offense, that that the motor vehicle be seized and forfeited to
15the state pursuant to chapters 809 and 809A.
16 Sec. 5. Section 321J.21, subsection 1, Code 2019, is amended
17to read as follows:
181. A person whose driver’s license or nonresident operating
19privilege has been suspended, denied, revoked, or barred due
20to a violation of this chapter and who drives a motor vehicle
21while the license or privilege is suspended, denied, revoked,
22or barred commits a serious misdemeanor. In addition to any
23other penalties, the punishment imposed for a violation of this
24subsection shall include assessment of a fine of one thousand
25dollars and, if the person is the owner of the motor vehicle
26used in the commission of the offense, immobilization of the
27motor vehicle by the installation of a device in the motor
28vehicle that completely prevents the motor vehicle from being
29operated in accordance with section 321J.4B.
30 Sec. 6. Section 809A.3, subsection 2, Code 2019, is amended
31to read as follows:
322. Notwithstanding subsection 1, violations of chapter
33321 or 321J shall not be considered conduct giving rise to
34forfeiture, except for violations as provided in any of the
35following:
-2- 1a. Section 321.232.
2b. A second or subsequent violation of section 321J.4B,
3subsection 2, paragraph “a”, subparagraph (2).
4c. b. Section 321J.4B, subsection 6, 9, or 10.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Under current law, a motor vehicle operated by a person while
9committing a second or subsequent operating-while-intoxicated
10(OWI) offense, or while that person’s driver’s license has been
11suspended, denied, revoked, or barred due to an OWI offense,
12may be immediately impounded or immobilized (Code section
13321J.4B). An owner of a vehicle impounded or immobilized,
14who knows of, should have known of, or gives consent to the
15operation of the vehicle by a person while that person’s
16driver’s license has been suspended, denied, revoked, or barred
17due to an OWI offense is guilty of a simple misdemeanor. A
18simple misdemeanor is punishable by a fine of at least $65 but
19not to exceed $625 and imprisonment not to exceed 30 days.
20This bill increases the penalty to a serious misdemeanor. A
21serious misdemeanor is punishable by a fine of at least $315
22but not to exceed $1,875 and imprisonment not to exceed one
23year.
24Under current law, the period of impoundment or
25immobilization is the period of license revocation imposed upon
26the person convicted of the OWI offense or 180 days, whichever
27period is longer. The bill increases the period to the period
28of license revocation imposed upon the person convicted of the
29OWI offense or one year, whichever period is longer.
30Under current law, upon conviction of the defendant for a
31second or subsequent violation of operating a vehicle while
32that person’s driver’s license has been suspended, denied,
33revoked, or barred due to an OWI offense, a court is required
34to order, if the defendant is the owner of the vehicle used in
35the commission of the offense, that the vehicle be seized and
-3-1forfeited to the state. The bill provides that the vehicle
2must also be seized and forfeited to the state upon conviction
3of the defendant for a first violation of operating a vehicle
4while that person’s driver’s license has been suspended,
5denied, revoked, or barred due to a second or subsequent OWI
6offense.
7In addition, the bill provides that if a person is convicted
8of a violation of Code section 321J.21 (driving while license
9suspended, denied, revoked, or barred due to an OWI offense),
10and if the person is the owner of the vehicle used in the
11commission of the offense, the vehicle must be immobilized
12through the installation of a device in the vehicle that
13completely prevents the vehicle from being operated in
14accordance with Code section 321J.4B.
15The bill also amends Code sections 321J.4B and 809A.3
16(conduct giving rise to forfeiture) for clarity and
17consistency.
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