Bill Text: IA HF113 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the revocation of driver’s licenses for drug-related criminal convictions, and including effective date provisions.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-01-25 - Introduced, referred to Judiciary. H.J. 120. [HF113 Detail]
Download: Iowa-2017-HF113-Introduced.html
House File 113 - Introduced HOUSE FILE BY WOLFE A BILL FOR 1 An Act relating to the revocation of driver's licenses for 2 drug=related criminal convictions, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1708HH (3) 87 ns/nh PAG LIN 1 1 Section 1. Section 124.412, Code 2017, is amended to read 1 2 as follows: 1 3 124.412 Notice of conviction. 1 4 If a person enters a plea of guilty to, or forfeits bail 1 5 or collateral deposited to secure the person's appearance in 1 6 court, and such forfeiture is not vacated, or if a person 1 7 is found guilty upon an indictment or information alleging a 1 8 violation of this chapter, a copy of the minutes attached to 1 9 the indictment returned by the grand jury, or to the county 1 10 attorney's information, a copy of the judgment and sentence, 1 11 and a copy of the opinion of the judge if one is filed, shall 1 12 be sent by the clerk of the district court or the judge to 1 13the state department of transportation and toany state board 1 14 or officer by whom the convicted person has been licensed or 1 15 registered to practice the person's profession or carry on the 1 16 person's business, and if the person is a juvenile, as defined 1 17 in section 232.2, to the state department of transportation. 1 18 On the conviction of a person, the court may suspend or revoke 1 19 the license or registration of the convicted defendant to 1 20 practice the defendant's profession or carry on the defendant's 1 21 business. On the application of a person whose license or 1 22 registration has been suspended or revoked, and upon proper 1 23 showing and for good cause, the board or officer may reinstate 1 24 the license or registration. 1 25 Sec. 2. Section 126.26, Code 2017, is amended to read as 1 26 follows: 1 27 126.26 Notice of conviction under chapter. 1 28 If apersonjuvenile, as defined in section 232.2, enters 1 29 a plea of guilty, or forfeits bail or collateral deposited 1 30 to secure theperson'sjuvenile's appearance in court, and 1 31 the forfeiture is not vacated, or if apersonjuvenile is 1 32 found guilty upon an indictment or information alleging a 1 33 violation of this chapter, a copy of the minutes attached to 1 34 the indictment returned by the grand jury, or to the county 1 35 attorney's information, a copy of the judgment and sentence, 2 1 and a copy of the opinion of the judge if one is filed, shall 2 2 be sent by the clerk of the district court or the judge to the 2 3 state department of transportation. 2 4 Sec. 3. Section 321.212, subsection 1, paragraph d, Code 2 5 2017, is amended by striking the paragraph. 2 6 Sec. 4. Section 321.215, subsection 1, paragraph b, Code 2 7 2017, is amended to read as follows: 2 8 b. However, a temporary restricted license shall not be 2 9 issued to a person whose license is revoked pursuant to a court 2 10 order issuedunder section 901.5, subsection 10, orunder 2 11 section 321.209, subsections 1 through 5 or subsection 7; to a 2 12 juvenile whose license has been suspended or revoked pursuant 2 13 to a dispositional order under section 232.52, subsection 2 14 2, paragraph "a", for a violation of chapter 124 or 453B or 2 15 section 126.3; to a juvenile whose license has been suspended 2 16 under section 321.213B; or to a person whose license has been 2 17 suspended pursuant to a court order under section 714.7D. A 2 18 temporary restricted license may be issued to a person whose 2 19 license is revoked under section 321.209, subsection 6, only 2 20 if the person has no previous drag racing convictions. A 2 21 person holding a temporary restricted license issued by the 2 22 department under this section shall not operate a motor vehicle 2 23 for pleasure. 2 24 Sec. 5. Section 321.215, subsection 2, unnumbered paragraph 2 25 1, Code 2017, is amended to read as follows: 2 26 Upon conviction and the suspension or revocation of a 2 27 person's noncommercial driver's license under section 321.209, 2 28 subsection 5 or 6, or section 321.210, 321.210A, or 321.513; 2 29or upon revocation pursuant to a court order issued under 2 30 section 901.5, subsection 10;or upon the denial of issuance 2 31 of a noncommercial driver's license under section 321.560, 2 32 based solely on offenses enumerated in section 321.555, 2 33 subsection 1, paragraph "c", or section 321.555, subsection 2 34 2; or upon suspension or revocation of a juvenile's driver's 2 35 license pursuant to a dispositional order under section 232.52, 3 1 subsection 2, paragraph "a", for a violation of chapter 124 3 2 or 453B, or section 126.3; or upon suspension of a driver's 3 3 license pursuant to a court order under section 714.7D, the 3 4 person may apply to the department for a temporary restricted 3 5 license to operate a motor vehicle for the limited purpose or 3 6 purposes specified in subsection 1. The application may be 3 7 granted only if all of the following criteria are satisfied: 3 8 Sec. 6. Section 321.215, subsection 2, paragraph c, Code 3 9 2017, is amended to read as follows: 3 10 c. Proof of financial responsibility is established as 3 11 defined in chapter 321A. However, such proof is not required 3 12 if the driver's license was suspended under section 321.210A 3 13 or 321.513or revoked pursuant to a court order issued under 3 14 section 901.5, subsection 10. 3 15 Sec. 7. Section 321.218, subsection 1, Code 2017, is amended 3 16 to read as follows: 3 17 1. A person whose driver's license or operating privilege 3 18 has been denied, canceled, suspended, or revoked as provided 3 19 in this chapter or as provided in section 252J.8or section 3 20 901.5, subsection 10, and who operates a motor vehicle upon 3 21 the highways of this state while the license or privilege 3 22 is denied, canceled, suspended, or revoked, commits a 3 23 simple misdemeanor. In addition to any other penalties, the 3 24 punishment imposed for a violation of this subsection shall 3 25 include assessment of a fine of not less than two hundred fifty 3 26 dollars nor more than one thousand five hundred dollars. 3 27 Sec. 8. Section 321A.17, subsection 4, Code 2017, is amended 3 28 to read as follows: 3 29 4. An individual applying for a driver's license following a 3 30 period of suspension or revocation pursuant to a dispositional 3 31 order issued under section 232.52, subsection 2, paragraph 3 32 "a", or under section 321.180B, section 321.210, subsection 3 33 1, paragraph "a", subparagraph (4), or section 321.210A, 3 34 321.213A, 321.213B, 321.216B, or 321.513, following a period 3 35 of suspension or revocation under section 321.178 or 321.194, 4 1 or following a period of revocation pursuant to a court order 4 2 issuedunder section 901.5, subsection 10, orunder section 4 3 321J.2A, is not required to maintain proof of financial 4 4 responsibility under this section. 4 5 Sec. 9. Section 453B.16, Code 2017, is amended to read as 4 6 follows: 4 7 453B.16 Notice of conviction. 4 8 If apersonjuvenile, as defined in section 232.2, enters 4 9 a plea of guilty, or forfeits bail or collateral deposited 4 10 to secure theperson'sjuvenile's appearance in court, and 4 11 the forfeiture is not vacated, or if apersonjuvenile is 4 12 found guilty upon an indictment or information alleging a 4 13 violation of this chapter, a copy of the minutes attached to 4 14 the indictment returned by the grand jury, or to the county 4 15 attorney's information, a copy of the judgment and sentence, 4 16 and a copy of the opinion of the judge if one is filed, shall 4 17 be sent by the clerk of the district court or the judge to the 4 18 state department of transportation. 4 19 Sec. 10. Section 901.5, subsection 10, Code 2017, is amended 4 20 by striking the subsection. 4 21 Sec. 11. CONTINGENT EFFECTIVE DATE. This Act takes effect 4 22 on the date the governor submits to the United States secretary 4 23 of transportation a written certification that the governor is 4 24 opposed to the enforcement in this state of a law described 4 25 in 23 U.S.C. {159(a)(3)(A) and a written certification that 4 26 the general assembly has adopted a joint resolution expressing 4 27 its opposition to the same, in accordance with 23 U.S.C. 4 28 {159(a)(3)(B). The office of the governor shall notify the 4 29 Code editor upon submission of the certifications described in 4 30 this section. 4 31 EXPLANATION 4 32 The inclusion of this explanation does not constitute agreement with 4 33 the explanation's substance by the members of the general assembly. 4 34 Current law requires a court to order the department of 4 35 transportation (DOT) to revoke a defendant's driver's license 5 1 for 180 days if the defendant is sentenced for a controlled 5 2 substance offense under Code section 124.401 (manufacturers, 5 3 possessors, and counterfeit substances), 124.401A (enhanced 5 4 penalty for manufacture or distribution on certain property), 5 5 124.402 (distributors, registrants, and proprietors), 5 6 or 124.403 (distribution, use, possession, records, and 5 7 information), a drug or drug=related offense under Code 5 8 section 126.3 (prohibited acts related to drugs, devices, and 5 9 cosmetics), or a controlled substance tax offense under Code 5 10 chapter 453B. Current law also requires a court to send a copy 5 11 of the order and a notice of conviction to the DOT. 5 12 This bill strikes those provisions. However, the bill does 5 13 not affect the suspension or revocation of juveniles' driver's 5 14 licenses under Code section 232.52 for violations of Code 5 15 chapter 124, 126, or 453B. 5 16 The bill takes effect on the date the governor submits 5 17 to the United States secretary of transportation a written 5 18 certification that the governor is opposed to the enforcement 5 19 in Iowa of a law described in 23 U.S.C. {159(a)(3)(A) and a 5 20 written certification that the general assembly has adopted 5 21 a joint resolution expressing its opposition to the same, in 5 22 accordance with 23 U.S.C. {159(a)(3)(B). The bill requires 5 23 the office of the governor to notify the Code editor upon 5 24 submission of the certifications. LSB 1708HH (3) 87 ns/nh
