Bill Text: IA HF444 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the impoundment of a motor vehicle owned or operated by a person convicted of a second or subsequent operating-while-intoxicated offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF444 Detail]
Download: Iowa-2011-HF444-Introduced.html
House
File
444
-
Introduced
HOUSE
FILE
444
BY
R.
OLSON
A
BILL
FOR
An
Act
relating
to
the
impoundment
of
a
motor
vehicle
owned
or
1
operated
by
a
person
convicted
of
a
second
or
subsequent
2
operating-while-intoxicated
offense.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
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(4)
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rh/nh
H.F.
444
Section
1.
Section
321J.4B,
subsection
2,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
A
motor
vehicle
is
subject
to
impoundment
in
the
3
following
circumstances:
4
(1)
If
a
person
operates
a
vehicle
in
violation
of
section
5
321J.2
,
and
if
convicted
for
that
conduct,
the
conviction
would
6
be
a
second
or
subsequent
offense
under
section
321J.2
.
7
(2)
If
if
a
person
operates
a
vehicle
while
that
person’s
8
driver’s
license
or
operating
privilege
has
been
suspended,
9
denied,
revoked,
or
barred
due
to
a
violation
of
section
10
321J.2
.
11
Sec.
2.
Section
321J.4B,
subsection
3,
unnumbered
paragraph
12
1,
Code
2011,
is
amended
to
read
as
follows:
13
The
motor
vehicle
operated
by
the
person
in
the
commission
of
14
any
the
offense
included
specified
in
subsection
2
,
paragraph
15
“a”
,
may
be
immediately
impounded
or
immobilized
in
accordance
16
with
this
section
.
17
Sec.
3.
Section
321J.4B,
subsection
4,
unnumbered
paragraph
18
1,
Code
2011,
is
amended
to
read
as
follows:
19
An
owner
of
a
motor
vehicle
impounded
or
immobilized
under
20
this
section
,
who
knows
of,
should
have
known
of,
or
gives
21
consent
to
the
operation
of,
the
motor
vehicle
in
violation
of
22
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
shall
be:
23
Sec.
4.
Section
321J.4B,
subsection
5,
paragraph
b,
Code
24
2011,
is
amended
by
striking
the
paragraph.
25
Sec.
5.
Section
321J.4B,
subsection
6,
Code
2011,
is
amended
26
to
read
as
follows:
27
6.
Upon
conviction
of
the
defendant
for
a
second
28
or
subsequent
violation
of
subsection
2
,
paragraph
“a”
,
29
subparagraph
(2),
the
court
shall
order,
if
the
convicted
30
person
is
the
owner
of
the
motor
vehicle
used
in
the
commission
31
of
the
offense,
that
that
motor
vehicle
be
seized
and
forfeited
32
to
the
state
pursuant
to
chapters
809
and
809A
.
33
Sec.
6.
Section
809A.3,
subsection
4,
paragraph
b,
Code
34
2011,
is
amended
to
read
as
follows:
35
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444
b.
A
second
or
subsequent
violation
of
section
321J.4B,
1
subsection
2
,
paragraph
“a”
,
subparagraph
(2)
.
2
EXPLANATION
3
This
bill
relates
to
impoundment
of
a
motor
vehicle
owned
4
or
operated
by
a
person
convicted
of
a
second
or
subsequent
5
operating-while-intoxicated
offense.
6
The
bill
eliminates
the
requirement
that
a
person’s
7
motor
vehicle
be
impounded
if
the
person
operates
the
8
motor
vehicle
in
violation
of
Code
section
321J.2
(Iowa’s
9
operating-while-intoxicated
law),
and
if
convicted
for
that
10
conduct,
the
conviction
would
be
a
second
or
subsequent
11
operating-while-intoxicated
offense.
12
The
bill
makes
conforming
Code
changes
to
other
provisions
13
relating
to
impoundment
in
Code
section
321J.4B
and
conduct
14
giving
rise
to
forfeiture
(Code
section
809A.3).
15
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