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House File 113 - IntroducedA Bill ForAn Act 1relating to the revocation of driver’s licenses for
2drug-related criminal convictions, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.412, Code 2017, is amended to read
2as follows:
3124.412 Notice of conviction.
4If a person enters a plea of guilty to, or forfeits bail
5or collateral deposited to secure the person’s appearance in
6court, and such forfeiture is not vacated, or if a person
7is found guilty upon an indictment or information alleging a
8violation of this chapter, a copy of the minutes attached to
9the indictment returned by the grand jury, or to the county
10attorney’s information, a copy of the judgment and sentence,
11and a copy of the opinion of the judge if one is filed, shall
12be sent by the clerk of the district court or the judge to
13the state department of transportation and to any state board
14or officer by whom the convicted person has been licensed or
15registered to practice the person’s profession or carry on the
16person’s business, and if the person is a juvenile, as defined
17in section 232.2, to the state department of transportation.
18On the conviction of a person, the court may suspend or revoke
19the license or registration of the convicted defendant to
20practice the defendant’s profession or carry on the defendant’s
21business. On the application of a person whose license or
22registration has been suspended or revoked, and upon proper
23showing and for good cause, the board or officer may reinstate
24the license or registration.
25 Sec. 2. Section 126.26, Code 2017, is amended to read as
26follows:
27126.26 Notice of conviction under chapter.
28If a person juvenile, as defined in section 232.2, enters
29a plea of guilty, or forfeits bail or collateral deposited
30to secure the person’s juvenile’s appearance in court, and
31the forfeiture is not vacated, or if a person juvenile is
32found guilty upon an indictment or information alleging a
33violation of this chapter, a copy of the minutes attached to
34the indictment returned by the grand jury, or to the county
35attorney’s information, a copy of the judgment and sentence,
-1-1and a copy of the opinion of the judge if one is filed, shall
2be sent by the clerk of the district court or the judge to the
3state department of transportation.
4 Sec. 3. Section 321.212, subsection 1, paragraph d, Code
52017, is amended by striking the paragraph.
6 Sec. 4. Section 321.215, subsection 1, paragraph b, Code
72017, is amended to read as follows:
8b. However, a temporary restricted license shall not be
9issued to a person whose license is revoked pursuant to a court
10order issued under section 901.5, subsection 10, or under
11section 321.209, subsections 1 through 5 or subsection 7; to a
12juvenile whose license has been suspended or revoked pursuant
13to a dispositional order under section 232.52, subsection
142, paragraph “a”, for a violation of chapter 124 or 453B or
15section 126.3; to a juvenile whose license has been suspended
16under section 321.213B; or to a person whose license has been
17suspended pursuant to a court order under section 714.7D. A
18temporary restricted license may be issued to a person whose
19license is revoked under section 321.209, subsection 6, only
20if the person has no previous drag racing convictions. A
21person holding a temporary restricted license issued by the
22department under this section shall not operate a motor vehicle
23for pleasure.
24 Sec. 5. Section 321.215, subsection 2, unnumbered paragraph
251, Code 2017, is amended to read as follows:
26Upon conviction and the suspension or revocation of a
27person’s noncommercial driver’s license under section 321.209,
28subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
29or upon revocation pursuant to a court order issued under
30section 901.5, subsection 10; or upon the denial of issuance
31of a noncommercial driver’s license under section 321.560,
32based solely on offenses enumerated in section 321.555,
33subsection 1, paragraph “c”, or section 321.555, subsection
342; or upon suspension or revocation of a juvenile’s driver’s
35license pursuant to a dispositional order under section 232.52,
-2-1subsection 2, paragraph “a”, for a violation of chapter 124
2or 453B, or section 126.3; or upon suspension of a driver’s
3license pursuant to a court order under section 714.7D, the
4person may apply to the department for a temporary restricted
5license to operate a motor vehicle for the limited purpose or
6purposes specified in subsection 1. The application may be
7granted only if all of the following criteria are satisfied:
8 Sec. 6. Section 321.215, subsection 2, paragraph c, Code
92017, is amended to read as follows:
10c. Proof of financial responsibility is established as
11defined in chapter 321A. However, such proof is not required
12if the driver’s license was suspended under section 321.210A
13or 321.513 or revoked pursuant to a court order issued under
14section 901.5, subsection 10.
15 Sec. 7. Section 321.218, subsection 1, Code 2017, is amended
16to read as follows:
171. A person whose driver’s license or operating privilege
18has been denied, canceled, suspended, or revoked as provided
19in this chapter or as provided in section 252J.8 or section
20901.5, subsection 10, and who operates a motor vehicle upon
21the highways of this state while the license or privilege
22is denied, canceled, suspended, or revoked, commits a
23simple misdemeanor. In addition to any other penalties, the
24punishment imposed for a violation of this subsection shall
25include assessment of a fine of not less than two hundred fifty
26dollars nor more than one thousand five hundred dollars.
27 Sec. 8. Section 321A.17, subsection 4, Code 2017, is amended
28to read as follows:
294. An individual applying for a driver’s license following a
30period of suspension or revocation pursuant to a dispositional
31order issued under section 232.52, subsection 2, paragraph
32“a”, or under section 321.180B, section 321.210, subsection
331, paragraph “a”, subparagraph (4), or section 321.210A,
34321.213A, 321.213B, 321.216B, or 321.513, following a period
35of suspension or revocation under section 321.178 or 321.194,
-3-1or following a period of revocation pursuant to a court order
2issued under section 901.5, subsection 10, or under section
3321J.2A, is not required to maintain proof of financial
4responsibility under this section.
5 Sec. 9. Section 453B.16, Code 2017, is amended to read as
6follows:
7453B.16 Notice of conviction.
8If a person juvenile, as defined in section 232.2, enters
9a plea of guilty, or forfeits bail or collateral deposited
10to secure the person’s juvenile’s appearance in court, and
11the forfeiture is not vacated, or if a person juvenile is
12found guilty upon an indictment or information alleging a
13violation of this chapter, a copy of the minutes attached to
14the indictment returned by the grand jury, or to the county
15attorney’s information, a copy of the judgment and sentence,
16and a copy of the opinion of the judge if one is filed, shall
17be sent by the clerk of the district court or the judge to the
18state department of transportation.
19 Sec. 10. Section 901.5, subsection 10, Code 2017, is amended
20by striking the subsection.
21 Sec. 11. CONTINGENT EFFECTIVE DATE. This Act takes effect
22on the date the governor submits to the United States secretary
23of transportation a written certification that the governor is
24opposed to the enforcement in this state of a law described
25in 23 U.S.C. §159(a)(3)(A) and a written certification that
26the general assembly has adopted a joint resolution expressing
27its opposition to the same, in accordance with 23 U.S.C.
28§159(a)(3)(B). The office of the governor shall notify the
29Code editor upon submission of the certifications described in
30this section.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34Current law requires a court to order the department of
35transportation (DOT) to revoke a defendant’s driver’s license
-4-1for 180 days if the defendant is sentenced for a controlled
2substance offense under Code section 124.401 (manufacturers,
3possessors, and counterfeit substances), 124.401A (enhanced
4penalty for manufacture or distribution on certain property),
5124.402 (distributors, registrants, and proprietors),
6or 124.403 (distribution, use, possession, records, and
7information), a drug or drug-related offense under Code
8section 126.3 (prohibited acts related to drugs, devices, and
9cosmetics), or a controlled substance tax offense under Code
10chapter 453B. Current law also requires a court to send a copy
11of the order and a notice of conviction to the DOT.
12This bill strikes those provisions. However, the bill does
13not affect the suspension or revocation of juveniles’ driver’s
14licenses under Code section 232.52 for violations of Code
15chapter 124, 126, or 453B.
16The bill takes effect on the date the governor submits
17to the United States secretary of transportation a written
18certification that the governor is opposed to the enforcement
19in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
20written certification that the general assembly has adopted
21a joint resolution expressing its opposition to the same, in
22accordance with 23 U.S.C. §159(a)(3)(B). The bill requires
23the office of the governor to notify the Code editor upon
24submission of the certifications.
-5-ns/nh
2drug-related criminal convictions, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.412, Code 2017, is amended to read
2as follows:
3124.412 Notice of conviction.
4If a person enters a plea of guilty to, or forfeits bail
5or collateral deposited to secure the person’s appearance in
6court, and such forfeiture is not vacated, or if a person
7is found guilty upon an indictment or information alleging a
8violation of this chapter, a copy of the minutes attached to
9the indictment returned by the grand jury, or to the county
10attorney’s information, a copy of the judgment and sentence,
11and a copy of the opinion of the judge if one is filed, shall
12be sent by the clerk of the district court or the judge to
13the state department of transportation and to any state board
14or officer by whom the convicted person has been licensed or
15registered to practice the person’s profession or carry on the
16person’s business, and if the person is a juvenile, as defined
17in section 232.2, to the state department of transportation.
18On the conviction of a person, the court may suspend or revoke
19the license or registration of the convicted defendant to
20practice the defendant’s profession or carry on the defendant’s
21business. On the application of a person whose license or
22registration has been suspended or revoked, and upon proper
23showing and for good cause, the board or officer may reinstate
24the license or registration.
25 Sec. 2. Section 126.26, Code 2017, is amended to read as
26follows:
27126.26 Notice of conviction under chapter.
28If a person juvenile, as defined in section 232.2, enters
29a plea of guilty, or forfeits bail or collateral deposited
30to secure the person’s juvenile’s appearance in court, and
31the forfeiture is not vacated, or if a person juvenile is
32found guilty upon an indictment or information alleging a
33violation of this chapter, a copy of the minutes attached to
34the indictment returned by the grand jury, or to the county
35attorney’s information, a copy of the judgment and sentence,
-1-1and a copy of the opinion of the judge if one is filed, shall
2be sent by the clerk of the district court or the judge to the
3state department of transportation.
4 Sec. 3. Section 321.212, subsection 1, paragraph d, Code
52017, is amended by striking the paragraph.
6 Sec. 4. Section 321.215, subsection 1, paragraph b, Code
72017, is amended to read as follows:
8b. However, a temporary restricted license shall not be
9issued to a person whose license is revoked pursuant to a court
10order issued under section 901.5, subsection 10, or under
11section 321.209, subsections 1 through 5 or subsection 7; to a
12juvenile whose license has been suspended or revoked pursuant
13to a dispositional order under section 232.52, subsection
142, paragraph “a”, for a violation of chapter 124 or 453B or
15section 126.3; to a juvenile whose license has been suspended
16under section 321.213B; or to a person whose license has been
17suspended pursuant to a court order under section 714.7D. A
18temporary restricted license may be issued to a person whose
19license is revoked under section 321.209, subsection 6, only
20if the person has no previous drag racing convictions. A
21person holding a temporary restricted license issued by the
22department under this section shall not operate a motor vehicle
23for pleasure.
24 Sec. 5. Section 321.215, subsection 2, unnumbered paragraph
251, Code 2017, is amended to read as follows:
26Upon conviction and the suspension or revocation of a
27person’s noncommercial driver’s license under section 321.209,
28subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
29or upon revocation pursuant to a court order issued under
30section 901.5, subsection 10; or upon the denial of issuance
31of a noncommercial driver’s license under section 321.560,
32based solely on offenses enumerated in section 321.555,
33subsection 1, paragraph “c”, or section 321.555, subsection
342; or upon suspension or revocation of a juvenile’s driver’s
35license pursuant to a dispositional order under section 232.52,
-2-1subsection 2, paragraph “a”, for a violation of chapter 124
2or 453B, or section 126.3; or upon suspension of a driver’s
3license pursuant to a court order under section 714.7D, the
4person may apply to the department for a temporary restricted
5license to operate a motor vehicle for the limited purpose or
6purposes specified in subsection 1. The application may be
7granted only if all of the following criteria are satisfied:
8 Sec. 6. Section 321.215, subsection 2, paragraph c, Code
92017, is amended to read as follows:
10c. Proof of financial responsibility is established as
11defined in chapter 321A. However, such proof is not required
12if the driver’s license was suspended under section 321.210A
13or 321.513 or revoked pursuant to a court order issued under
14section 901.5, subsection 10.
15 Sec. 7. Section 321.218, subsection 1, Code 2017, is amended
16to read as follows:
171. A person whose driver’s license or operating privilege
18has been denied, canceled, suspended, or revoked as provided
19in this chapter or as provided in section 252J.8 or section
20901.5, subsection 10, and who operates a motor vehicle upon
21the highways of this state while the license or privilege
22is denied, canceled, suspended, or revoked, commits a
23simple misdemeanor. In addition to any other penalties, the
24punishment imposed for a violation of this subsection shall
25include assessment of a fine of not less than two hundred fifty
26dollars nor more than one thousand five hundred dollars.
27 Sec. 8. Section 321A.17, subsection 4, Code 2017, is amended
28to read as follows:
294. An individual applying for a driver’s license following a
30period of suspension or revocation pursuant to a dispositional
31order issued under section 232.52, subsection 2, paragraph
32“a”, or under section 321.180B, section 321.210, subsection
331, paragraph “a”, subparagraph (4), or section 321.210A,
34321.213A, 321.213B, 321.216B, or 321.513, following a period
35of suspension or revocation under section 321.178 or 321.194,
-3-1or following a period of revocation pursuant to a court order
2issued under section 901.5, subsection 10, or under section
3321J.2A, is not required to maintain proof of financial
4responsibility under this section.
5 Sec. 9. Section 453B.16, Code 2017, is amended to read as
6follows:
7453B.16 Notice of conviction.
8If a person juvenile, as defined in section 232.2, enters
9a plea of guilty, or forfeits bail or collateral deposited
10to secure the person’s juvenile’s appearance in court, and
11the forfeiture is not vacated, or if a person juvenile is
12found guilty upon an indictment or information alleging a
13violation of this chapter, a copy of the minutes attached to
14the indictment returned by the grand jury, or to the county
15attorney’s information, a copy of the judgment and sentence,
16and a copy of the opinion of the judge if one is filed, shall
17be sent by the clerk of the district court or the judge to the
18state department of transportation.
19 Sec. 10. Section 901.5, subsection 10, Code 2017, is amended
20by striking the subsection.
21 Sec. 11. CONTINGENT EFFECTIVE DATE. This Act takes effect
22on the date the governor submits to the United States secretary
23of transportation a written certification that the governor is
24opposed to the enforcement in this state of a law described
25in 23 U.S.C. §159(a)(3)(A) and a written certification that
26the general assembly has adopted a joint resolution expressing
27its opposition to the same, in accordance with 23 U.S.C.
28§159(a)(3)(B). The office of the governor shall notify the
29Code editor upon submission of the certifications described in
30this section.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34Current law requires a court to order the department of
35transportation (DOT) to revoke a defendant’s driver’s license
-4-1for 180 days if the defendant is sentenced for a controlled
2substance offense under Code section 124.401 (manufacturers,
3possessors, and counterfeit substances), 124.401A (enhanced
4penalty for manufacture or distribution on certain property),
5124.402 (distributors, registrants, and proprietors),
6or 124.403 (distribution, use, possession, records, and
7information), a drug or drug-related offense under Code
8section 126.3 (prohibited acts related to drugs, devices, and
9cosmetics), or a controlled substance tax offense under Code
10chapter 453B. Current law also requires a court to send a copy
11of the order and a notice of conviction to the DOT.
12This bill strikes those provisions. However, the bill does
13not affect the suspension or revocation of juveniles’ driver’s
14licenses under Code section 232.52 for violations of Code
15chapter 124, 126, or 453B.
16The bill takes effect on the date the governor submits
17to the United States secretary of transportation a written
18certification that the governor is opposed to the enforcement
19in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
20written certification that the general assembly has adopted
21a joint resolution expressing its opposition to the same, in
22accordance with 23 U.S.C. §159(a)(3)(B). The bill requires
23the office of the governor to notify the Code editor upon
24submission of the certifications.
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