Bill Text: IA HF2022 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to impoundment and immobilization of motor vehicles involved in operating-while-intoxicated offenses, and providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-17 - Subcommittee: Windschitl, Rizer and Wolfe. H.J. 111. [HF2022 Detail]

Download: Iowa-2017-HF2022-Introduced.html

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House File 2022 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act relating to impoundment and immobilization of motor
  2    vehicles involved in operating=while=intoxicated offenses,
  3    and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321J.4B, subsection 2, Code 2018, is
  1  2 amended to read as follows:
  1  3    2.  a.  A motor vehicle is subject to impoundment or
  1  4 immobilization in the following circumstances:
  1  5    (1)  If a person operates a vehicle in violation of section
  1  6 321J.2, and if convicted for that conduct, the conviction would
  1  7 be a second or subsequent offense under section 321J.2.
  1  8    (2)  If a person operates a vehicle while that person's
  1  9 driver's license or nonresident operating privilege has been
  1 10 suspended, denied, revoked, or barred due to a violation of
  1 11 section 321J.2, in violation of section 321J.21.
  1 12    b.  The clerk of court shall send notice of a conviction of
  1 13 an offense for which the vehicle was impounded or immobilized
  1 14  to the impounding or immobilizing authority upon conviction of
  1 15 the defendant for such offense.
  1 16    c.  Impoundment or immobilization of the vehicle under this
  1 17 section may occur in addition to any criminal penalty imposed
  1 18 under chapter 321 or this chapter for the underlying criminal
  1 19 offense.
  1 20    Sec. 2.  Section 321J.4B, subsection 4, Code 2018, is amended
  1 21 to read as follows:
  1 22    4.  An owner of a motor vehicle impounded or immobilized
  1 23 under this section, who knows of, should have known of,
  1 24 or gives consent to the operation of, the motor vehicle in
  1 25 violation of subsection 2, paragraph "a", subparagraph (2),
  1 26 shall be considered to be all of the following:
  1 27    a.  Guilty of a simple serious misdemeanor, and.
  1 28    b.  Jointly and severally liable for any damages caused
  1 29 by the person who operated the motor vehicle, subject to the
  1 30 provisions of chapter 668.
  1 31    Sec. 3.  Section 321J.4B, subsection 5, paragraph d, Code
  1 32 2018, is amended to read as follows:
  1 33    d.  The period of impoundment or immobilization of a motor
  1 34 vehicle under this section shall be the period of license
  1 35 revocation imposed upon the person convicted of the offense or
  2  1 one hundred eighty days year, whichever period is longer. The
  2  2 impoundment or immobilization period shall commence on the day
  2  3 that the vehicle is first impounded or immobilized.
  2  4    Sec. 4.  Section 321J.4B, subsection 6, Code 2018, is amended
  2  5 to read as follows:
  2  6    6.  Upon conviction of the defendant for a first violation
  2  7 of subsection 2, paragraph "a", subparagraph (2), where the
  2  8 defendant's driver's license was originally revoked as a result
  2  9 of a second or subsequent violation of section 321J.2, or
  2 10 upon conviction of the defendant for a second or subsequent
  2 11 violation of subsection 2, paragraph "a", subparagraph (2),
  2 12 the court shall order, if the convicted person defendant is
  2 13 the owner of the motor vehicle used in the commission of the
  2 14 offense, that that the motor vehicle be seized and forfeited to
  2 15 the state pursuant to chapters 809 and 809A.
  2 16    Sec. 5.  Section 321J.21, subsection 1, Code 2018, is amended
  2 17 to read as follows:
  2 18    1.  A person whose driver's license or nonresident operating
  2 19 privilege has been suspended, denied, revoked, or barred due
  2 20 to a violation of this chapter and who drives a motor vehicle
  2 21 while the license or privilege is suspended, denied, revoked,
  2 22 or barred commits a serious misdemeanor. In addition to any
  2 23 other penalties, the punishment imposed for a violation of this
  2 24 subsection shall include assessment of a fine of one thousand
  2 25 dollars and, if the person is the owner of the motor vehicle
  2 26 used in the commission of the offense, immobilization of the
  2 27 motor vehicle by the installation of a device in the motor
  2 28 vehicle that completely prevents the motor vehicle from being
  2 29 operated in accordance with section 321J.4B.
  2 30    Sec. 6.  Section 809A.3, subsection 2, Code 2018, is amended
  2 31 to read as follows:
  2 32    2.  Notwithstanding  subsection 1, violations of chapter
  2 33 321 or 321J shall not be considered conduct giving rise to
  2 34 forfeiture, except for violations as provided in any of the
  2 35 following:
  3  1    a.  Section 321.232.
  3  2    b.  A second or subsequent violation of section 321J.4B,
  3  3 subsection 2, paragraph "a", subparagraph (2).
  3  4    c.  b.  Section 321J.4B, subsection 6, 9, or 10.
  3  5                           EXPLANATION
  3  6 The inclusion of this explanation does not constitute agreement with
  3  7 the explanation's substance by the members of the general assembly.
  3  8    Under current law, a motor vehicle operated by a person while
  3  9 committing a second or subsequent operating=while=intoxicated
  3 10 (OWI) offense, or while that person's driver's license has been
  3 11 suspended, denied, revoked, or barred due to an OWI offense,
  3 12 may be immediately impounded or immobilized (Code section
  3 13 321J.4B).  An owner of a vehicle impounded or immobilized,
  3 14 who knows of, should have known of, or gives consent to the
  3 15 operation of the vehicle by a person while that person's
  3 16 driver's license has been suspended, denied, revoked, or barred
  3 17 due to an OWI offense is guilty of a simple misdemeanor. A
  3 18 simple misdemeanor is punishable by a fine of at least $65 but
  3 19 not to exceed $625 and imprisonment not to exceed 30 days.
  3 20 This bill alters the violation to a serious misdemeanor. A
  3 21 serious misdemeanor is punishable by a fine of at least $315
  3 22 but not to exceed $1,875 and imprisonment not to exceed one
  3 23 year.
  3 24    Under current law, the period of impoundment or
  3 25 immobilization is the period of license revocation imposed upon
  3 26 the person convicted of the OWI offense or 180 days, whichever
  3 27 period is longer. The bill increases the period to the period
  3 28 of license revocation imposed upon the person convicted of the
  3 29 OWI offense or one year, whichever period is longer.
  3 30    Under current law, upon conviction of the defendant for a
  3 31 second or subsequent violation of operating a vehicle while
  3 32 that person's driver's license has been suspended, denied,
  3 33 revoked, or barred due to an OWI offense, a court is required
  3 34 to order, if the defendant is the owner of the vehicle used in
  3 35 the commission of the offense, that the vehicle be seized and
  4  1 forfeited to the state. The bill provides that the vehicle
  4  2 must also be seized and forfeited to the state upon conviction
  4  3 of the defendant for a first violation of operating a vehicle
  4  4 while that person's driver's license has been suspended,
  4  5 denied, revoked, or barred due to a second or subsequent OWI
  4  6 offense.
  4  7    In addition, the bill provides that if a person is convicted
  4  8 of a violation of Code section 321J.21 (driving while license
  4  9 suspended, denied, revoked, or barred due to an OWI offense),
  4 10 and if the person is the owner of the vehicle used in the
  4 11 commission of the offense, the vehicle must be immobilized
  4 12 through the installation of a device in the vehicle that
  4 13 completely prevents the vehicle from being operated in
  4 14 accordance with Code section 321J.4B.
  4 15    The bill also amends Code sections 321J.4B and 809A.3 for
  4 16 clarity and consistency.
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