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House
File
40
-
Introduced
HOUSE
FILE
40
BY
MEGGERS
A
BILL
FOR
An
Act
relating
to
mandatory
revocation
of
driver’s
licenses,
1
including
immediate
revocation
for
certain
excessive
speed
2
violations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.209,
Code
2025,
is
amended
to
read
1
as
follows:
2
321.209
Mandatory
revocation.
3
1.
The
department,
upon
thirty
days’
notice
and
without
4
preliminary
hearing,
shall
revoke
the
license
or
operating
5
privilege
of
an
operator
upon
receiving
a
record
of
the
6
operator’s
conviction
for
any
of
the
following
offenses,
when
7
such
conviction
has
become
final:
8
1.
a.
Manslaughter
resulting
from
the
operation
of
a
motor
9
vehicle.
10
2.
b.
A
felony
if
during
the
commission
of
the
felony
a
11
motor
vehicle
is
used.
12
3.
c.
Failure
to
stop
and
render
aid
as
required
under
the
13
laws
of
this
state
or
to
otherwise
comply
with
section
321.261
14
in
the
event
of
a
motor
vehicle
accident
resulting
in
the
death
15
or
personal
injury
of
another.
16
4.
d.
Perjury
or
the
making
of
a
false
affidavit
or
17
statement
under
oath
to
the
department
under
this
chapter
or
18
under
any
other
law
relating
to
the
ownership
or
operation
of
19
motor
vehicles.
20
5.
e.
Conviction,
or
forfeiture
of
bail
not
vacated,
upon
21
two
charges
A
second
or
subsequent
charge
of
reckless
driving.
22
6.
f.
Conviction
of
drag
Drag
racing.
23
7.
g.
Eluding
or
attempting
to
elude
a
law
enforcement
24
vehicle
as
provided
in
section
321.279
.
25
h.
Exceeding
a
speed
limit
with
a
detected
speed
of
one
26
hundred
miles
per
hour
or
more,
if
not
revoked
under
subsection
27
2.
28
2.
Upon
certification,
subject
to
penalty
for
perjury,
by
a
29
peace
officer
who
issues
a
citation
for
exceeding
a
speed
limit
30
to
a
person
who
operated
a
motor
vehicle
with
a
detected
speed
31
of
one
hundred
miles
per
hour
or
more,
the
department
shall
32
revoke
the
person’s
driver’s
license.
33
a.
The
peace
officer
who
detected
the
excessive
speed
34
may,
on
behalf
of
the
department,
serve
immediate
notice
of
35
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intention
to
revoke
and
of
revocation
on
the
person.
If
the
1
peace
officer
serves
immediate
notice,
the
peace
officer
shall
2
take
the
Iowa
driver’s
license
of
the
person,
if
any,
and
issue
3
a
temporary
license
effective
for
ten
days.
The
peace
officer
4
shall
immediately
send
the
person’s
license
to
the
department
5
along
with
the
officer’s
certificate
indicating
the
person’s
6
detected
excessive
speed.
7
b.
A
person
whose
driver’s
license
is
revoked
under
this
8
subsection
may
appeal
the
revocation
in
the
manner
provided
to
9
a
person
suspected
of
violating
section
321J.2
as
provided
in
10
section
321J.13.
11
c.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
12
to
administer
this
subsection.
13
Sec.
2.
Section
321.212,
subsection
1,
paragraphs
b
and
c,
14
Code
2025,
are
amended
to
read
as
follows:
15
b.
The
department
shall
not
revoke
a
license
under
the
16
provisions
of
section
321.209,
subsection
5
1,
paragraph
17
“e”
,
for
more
than
thirty
days
nor
less
than
five
days
as
18
recommended
by
the
trial
court.
19
c.
The
department
shall
revoke
a
license
for
six
months
20
for
a
first
offense
under
the
provisions
of
section
321.209,
21
subsection
6
1,
paragraph
“f”
,
where
the
violation
charged
did
22
not
result
in
a
personal
injury
or
damage
to
property.
23
Sec.
3.
Section
321.212,
subsection
1,
Code
2025,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
d.
The
department
shall
revoke
a
license
for
26
thirty
days
under
the
provisions
of
section
321.209,
subsection
27
1,
paragraph
“h”
,
or
section
321.209,
subsection
2.
28
Sec.
4.
Section
321.215,
subsection
1,
paragraph
b,
Code
29
2025,
is
amended
to
read
as
follows:
30
b.
However,
a
temporary
restricted
license
shall
not
31
be
issued
to
a
person
whose
license
is
revoked
pursuant
to
32
a
court
order
issued
under
section
321.209,
subsections
1
33
through
5
subsection
1,
paragraphs
“a”
through
“d”
or
“h”
;
to
a
34
person
whose
license
is
revoked
pursuant
to
section
321.209,
35
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subsection
2;
to
a
juvenile
whose
license
has
been
suspended
1
or
revoked
pursuant
to
a
dispositional
order
under
section
2
232.52,
subsection
2
,
paragraph
“a”
,
for
a
violation
of
chapter
3
124
or
453B
or
section
126.3
;
to
a
juvenile
whose
license
has
4
been
suspended
under
section
321.213B
;
or
to
a
person
whose
5
license
has
been
suspended
pursuant
to
a
court
order
under
6
section
714.7D
.
A
temporary
restricted
license
may
be
issued
7
to
a
person
whose
license
is
revoked
under
section
321.209,
8
subsection
6
1,
paragraph
“f”
,
only
if
the
person
has
no
9
previous
drag
racing
convictions.
A
person
holding
a
temporary
10
restricted
license
issued
by
the
department
under
this
section
11
shall
not
operate
a
motor
vehicle
for
pleasure.
12
Sec.
5.
Section
321.215,
subsection
2,
unnumbered
paragraph
13
1,
Code
2025,
is
amended
to
read
as
follows:
14
Upon
conviction
and
the
suspension
or
revocation
of
a
15
person’s
noncommercial
driver’s
license
under
section
321.209,
16
subsection
5,
6,
or
7
1,
paragraph
“e”
,
“f”
,
or
“g”
,
or
section
17
321.210
,
321.210A
,
or
321.513
;
or
upon
the
denial
of
issuance
18
of
a
noncommercial
driver’s
license
under
section
321.560
,
19
based
solely
on
offenses
enumerated
in
section
321.555,
20
subsection
1
,
paragraph
“c”
,
or
section
321.555,
subsection
21
2
;
or
upon
suspension
or
revocation
of
a
juvenile’s
driver’s
22
license
pursuant
to
a
dispositional
order
under
section
232.52,
23
subsection
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
24
or
453B
,
or
section
126.3
;
or
upon
suspension
of
a
driver’s
25
license
pursuant
to
a
court
order
under
section
714.7D
,
the
26
person
may
apply
to
the
department
for
a
temporary
restricted
27
license
to
operate
a
motor
vehicle
for
the
limited
purpose
or
28
purposes
specified
in
subsection
1
.
The
application
may
be
29
granted
only
if
all
of
the
following
criteria
are
satisfied:
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
Under
current
law,
the
department
of
transportation
(DOT)
34
must
revoke
the
driver’s
license
of
a
person
who
is
convicted
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of
certain
crimes
involving
a
motor
vehicle.
Upon
revoking
1
a
driver’s
license,
the
DOT
is
prohibited
from
granting
an
2
application
for
a
new
license
until
the
expiration
of
one
year
3
after
the
revocation,
unless
another
period
is
specified
by
4
law.
A
person
whose
driver’s
license
was
revoked
must
apply
5
for
a
new
license
and
pay
the
required
fees
under
Code
section
6
321.191,
including
a
$20
reinstatement
fee.
7
This
bill
requires
the
DOT
to
revoke
the
driver’s
license
8
of
a
person
who
is
convicted
of
exceeding
a
speed
limit
with
9
a
detected
speed
of
100
miles
per
hour
(MPH)
or
more.
The
10
driver’s
license
must
be
revoked
for
30
days
and
the
person
11
is
ineligible
for
a
temporary
restricted
license
under
Code
12
section
321.215.
13
The
bill
authorizes
a
peace
officer,
on
behalf
of
the
14
DOT,
to
serve
immediate
notice
of
intention
to
revoke
and
of
15
revocation
on
a
person
cited
for
exceeding
a
speed
limit
with
16
a
detected
speed
of
100
MPH
or
more.
If
the
peace
officer
17
serves
immediate
notice,
the
peace
officer
is
required
to
18
take
the
Iowa
driver’s
license
of
the
person
and
issue
a
19
temporary
license
effective
for
10
days.
The
peace
officer
20
must
immediately
send
the
person’s
license
to
the
DOT
along
21
with
the
officer’s
certificate
indicating
the
person’s
detected
22
excessive
speed.
This
process
exists
under
current
law
for
23
persons
who
refuse
to
submit
to
chemical
testing
after
a
24
suspected
operating-while-intoxicated
(OWI)
violation
(Code
25
section
321J.9).
A
person
whose
driver’s
license
is
revoked
26
under
the
bill
may
appeal
the
revocation
in
the
manner
provided
27
to
a
person
suspected
of
violating
Code
section
321J.2
(OWI)
28
as
provided
in
Code
section
321J.13
(hearing
on
revocation
——
29
appeal).
30
The
DOT
is
required
to
adopt
administrative
rules
to
31
administer
the
bill.
32
The
bill
makes
conforming
internal
Code
reference
changes,
33
eliminates
a
conflict
regarding
the
issuance
of
a
temporary
34
restricted
license
for
second
and
subsequent
reckless
driving
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violations,
and
strikes
certain
references
to
“conviction”
1
and
“forfeiture
of
bail
not
vacated”
in
Code
section
321.209
2
to
reduce
duplication.
When
used
in
Code
chapter
321
(motor
3
vehicles
and
law
of
the
road),
“conviction”
is
defined
to
4
mean
a
final
conviction,
including
but
not
limited
to
a
plea
5
of
guilty
or
nolo
contendere
accepted
by
the
court,
a
final
6
administrative
ruling
or
determination,
or
an
unvacated
7
forfeiture
of
bail
or
collateral
deposited
to
secure
a
person’s
8
appearance
in
court.
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