A bill for an act relating to the penalties for persons who operate a motor vehicle while their operating privileges are denied, canceled, suspended, revoked, or barred.

House

File

506

-

Introduced

HOUSE

FILE

506

BY

JONES

,

B.

MEYER

,

and

LOHSE

A

BILL

FOR

An

Act

relating

to

the

penalties

for

persons

who

operate

a

1

motor

vehicle

while

their

operating

privileges

are

denied,

2

canceled,

suspended,

revoked,

or

barred.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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506

Section

1.

Section

321.218,

subsection

1,

Code

2025,

is

1

amended

to

read

as

follows:

2

1.

A

person

whose

driver’s

license

or

operating

privilege

3

has

been

denied,

canceled,

suspended,

or

revoked

as

provided

4

in

this

chapter

or

as

provided

in

section

252J.8

,

and

who

5

operates

a

motor

vehicle

upon

the

highways

of

this

state

while

6

the

license

or

privilege

is

denied,

canceled,

suspended,

or

7

revoked,

commits

a

simple

misdemeanor

one

of

the

following:

8

a.

For

a

first

offense,

a

simple

misdemeanor

punishable

9

as

a

scheduled

violation

under

section

805.8A,

subsection

10

4,

paragraph

“0k”

.

In

addition

to

any

other

penalties,

the

11

punishment

imposed

for

a

violation

of

this

subsection

shall

12

include

assessment

of

a

fine

of

not

less

than

two

hundred

fifty

13

dollars

nor

more

than

one

thousand

five

hundred

dollars.

14

b.

For

a

second

offense,

a

simple

misdemeanor.

15

c.

For

a

third

or

subsequent

offense,

a

serious

misdemeanor.

16

Sec.

2.

Section

321.218,

subsection

2,

Code

2025,

is

amended

17

by

striking

the

subsection.

18

Sec.

3.

Section

321A.32,

subsection

1,

Code

2025,

is

amended

19

to

read

as

follows:

20

1.

a.

Any

A

person

whose

license

or

registration

or

21

nonresident’s

nonresident

operating

privilege

has

been

22

suspended,

denied,

or

revoked

under

this

chapter

or

continues

23

to

remain

suspended

or

revoked

under

this

chapter

,

and

who,

24

during

such

suspension,

denial,

or

revocation,

or

during

such

25

continuing

suspension

or

continuing

revocation,

drives

any

26

motor

vehicle

upon

any

highway

or

knowingly

commits

one

of

the

27

following:

28

(1)

For

a

first

offense,

a

simple

misdemeanor

punishable

29

as

a

scheduled

violation

under

section

805.8A,

subsection

4,

30

paragraph

“0k”

.

31

(2)

For

a

second

offense,

a

simple

misdemeanor.

32

(3)

For

a

third

or

subsequent

offense,

a

serious

33

misdemeanor.

34

b.

A

person

who

drives

or

knowingly

permits

any

a

motor

35

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506

vehicle

owned

by

such

person

to

be

operated

by

another

upon

1

any

a

highway,

while

the

vehicle’s

registration

is

suspended,

2

denied,

or

revoked

under

this

chapter,

except

as

permitted

3

under

this

chapter

,

shall

be

guilty

of

a

simple

misdemeanor.

4

In

addition

to

any

other

penalties,

the

punishment

imposed

5

for

a

violation

of

this

subsection

paragraph

shall

include

6

assessment

of

a

fine

of

not

less

than

two

hundred

fifty

dollars

7

nor

more

than

one

thousand

five

hundred

dollars.

8

Sec.

4.

Section

321J.21,

subsection

1,

Code

2025,

is

amended

9

to

read

as

follows:

10

1.

A

person

whose

driver’s

license

or

nonresident

operating

11

privilege

has

been

suspended,

denied,

revoked,

or

barred

due

12

to

a

violation

of

this

chapter

and

who

drives

a

motor

vehicle

13

while

the

license

or

privilege

is

suspended,

denied,

revoked,

14

or

barred

commits

a

serious

misdemeanor

one

of

the

following:

15

a.

For

a

first

offense,

a

simple

misdemeanor

punishable

16

as

a

scheduled

violation

under

section

805.8A,

subsection

17

4,

paragraph

“0k”

.

In

addition

to

any

other

penalties,

the

18

punishment

imposed

for

a

violation

of

this

subsection

shall

19

include

assessment

of

a

fine

of

one

thousand

dollars.

20

b.

For

a

second

offense,

a

simple

misdemeanor.

21

c.

For

a

third

or

subsequent

offense,

a

serious

misdemeanor.

22

Sec.

5.

Section

805.8A,

subsection

4,

Code

2025,

is

amended

23

by

adding

the

following

new

paragraph:

24

NEW

PARAGRAPH

.

0k.

Section

321.218,

subsection

1,

paragraph

25

“a”

,

section

321A.32,

subsection

1,

paragraph

“a”

,

subparagraph

26

(1),

and

section

321J.21,

subsection

1,

paragraph

“a”

.

.

.

.

.

$250.

27

EXPLANATION

28

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

29

the

explanation’s

substance

by

the

members

of

the

general

assembly.

30

Under

current

law,

a

person

who

operates

a

motor

vehicle

31

while

the

person’s

driver’s

license

or

operating

privilege

is

32

denied,

canceled,

suspended,

or

revoked

under

Code

chapter

321

33

(motor

vehicles

and

law

of

the

road)

or

while

the

person’s

34

driver’s

license

is

suspended,

denied,

or

revoked

under

Code

35

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chapter

321A

(motor

vehicle

financial

responsibility)

commits

a

1

simple

misdemeanor.

These

simple

misdemeanors

are

punishable

2

by

confinement

for

no

more

than

30

days

and

a

fine

of

at

least

3

$250

but

not

more

than

$1,500

(rather

than

the

default

simple

4

misdemeanor

fine

range

between

$105

and

$855).

The

sentence

5

imposed

for

such

a

violation

under

Code

chapter

321

cannot

be

6

suspended.

If

a

person

operates

a

motor

vehicle

while

the

7

person’s

driver’s

license

is

suspended,

denied,

revoked,

or

8

barred

due

to

a

violation

of

Code

chapter

321J

(operating

while

9

intoxicated

(OWI)),

the

person

commits

a

serious

misdemeanor

10

punishable

by

confinement

for

no

more

than

one

year

and

a

fine

11

of

$1,000

(rather

than

the

default

serious

misdemeanor

fine

12

range

between

$430

and

$2,560).

13

This

bill

makes

a

first

offense

for

operating

a

motor

vehicle

14

while

the

driver’s

license

is

canceled

(under

Code

chapter

15

321),

or

denied,

suspended,

or

revoked

(under

Code

chapters

16

321,

321A,

and

321J),

or

barred

(under

Code

chapter

321J),

a

17

scheduled

violation

under

Code

section

805.8A.

The

scheduled

18

fine

for

such

a

violation

is

$250.

The

bill

makes

a

second

19

violation

a

simple

misdemeanor

and

a

third

or

subsequent

20

violation

a

serious

misdemeanor.

A

simple

misdemeanor

is

21

punishable

by

confinement

for

no

more

than

30

days

and

a

fine

22

of

at

least

$105

but

not

more

than

$855.

A

serious

misdemeanor

23

is

punishable

by

confinement

for

no

more

than

one

year

and

a

24

fine

of

at

least

$430

but

not

more

than

$2,560.

The

bill

also

25

strikes

the

prohibition

on

suspending

the

sentence

under

Code

26

section

321.218.

27

In

accordance

with

current

law

(Code

sections

805.6

through

28

805.11),

a

uniform

citation

and

complaint,

and

associated

29

procedures,

is

authorized

for

charging

traffic

violations

and

30

other

violations

which

are

designated

as

scheduled

violations

31

by

Code

section

805.8A

(motor

vehicle

and

transportation

32

scheduled

violations),

805.8B

(navigation,

recreation,

hunting,

33

and

fishing

scheduled

violations),

or

805.8C

(miscellaneous

34

scheduled

violations).

35

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The

underlying

driver’s

license

sanction

of

a

person

1

convicted

for

driving

while

denied,

canceled,

suspended,

2

revoked,

or

barred

under

the

bill

would

be

extended

in

3

accordance

with

current

law.

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