Bill Text: IA HF53 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act eliminating the twelve-year look-back provision for determining whether an offense for operating-while-intoxicated is a second or subsequent offense.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-01-20 - Introduced, referred to Judiciary. H.J. 120. [HF53 Detail]

Download: Iowa-2015-HF53-Introduced.html

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House File 53 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act eliminating the twelve=year look=back
  2    provision for determining whether an offense for
  3    operating=while=intoxicated is a second or subsequent
  4    offense.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.12, subsection 4, Code 2015, is
  1  2 amended to read as follows:
  1  3    4.  The director shall not destroy any operating records
  1  4 pertaining to arrests or convictions for operating while
  1  5 intoxicated, in violation of section 321J.2 or operating
  1  6 records pertaining to revocations for violations of section
  1  7 321J.2A, except that a conviction or revocation under section
  1  8 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383
  1  9  shall be deleted from the operating records twelve years after
  1 10 the date of conviction or the effective date of revocation.
  1 11 Convictions or revocations that are retained in the operating
  1 12 records for more than twelve years under this subsection shall
  1 13 be considered only for purposes of disqualification actions
  1 14 under 49 C.F.R. pt. 383.
  1 15    Sec. 2.  Section 321J.2, subsection 8, paragraph a, Code
  1 16 2015, is amended by striking the paragraph.
  1 17                           EXPLANATION
  1 18 The inclusion of this explanation does not constitute agreement with
  1 19 the explanation's substance by the members of the general assembly.
  1 20    Current law authorizes the department of transportation to
  1 21 destroy certain records relating to convictions and license
  1 22 revocations for operating=while=intoxicated (OWI) offenses 12
  1 23 years after the date of such conviction or revocation. Current
  1 24 law also provides that convictions or license revocations
  1 25 deleted from motor vehicle operating records in this manner
  1 26 shall not be considered as previous OWI offenses for purposes
  1 27 of sentencing or license revocation on a subsequent OWI
  1 28 offense.
  1 29    The bill eliminates these provisions.
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