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Senate
File
2288
-
Introduced
SENATE
FILE
2288
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2030)
A
BILL
FOR
An
Act
concerning
speed-related
driving
violations,
providing
1
penalties,
making
penalties
applicable,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.209,
Code
2026,
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
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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
2026,
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
2026,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
d.
The
department
shall
revoke
a
license
for
26
ninety
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
2026,
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,
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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
2026,
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
Sec.
6.
Section
321.277,
subsection
1,
Code
2026,
is
amended
31
to
read
as
follows:
32
1.
A
person
who
drives
any
a
vehicle
in
such
manner
as
33
to
indicate
either
a
willful
or
a
wanton
disregard
for
the
34
safety
of
persons
or
property
,
including
but
not
limited
to
by
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exceeding
a
speed
limit
by
twenty-five
miles
per
hour
or
more,
1
is
guilty
of
reckless
driving.
2
Sec.
7.
Section
321.482A,
unnumbered
paragraph
1,
Code
3
2026,
is
amended
to
read
as
follows:
4
Notwithstanding
section
321.482
,
a
person
who
is
convicted
5
of
operating
a
motor
vehicle
in
violation
of
section
321.256
,
6
321.257
,
section
321.275,
subsection
4
,
section
321.276
,
7
321.288,
321.297
,
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
8
321.305
,
321.306
,
321.307
,
321.311
,
321.319
,
321.320
,
321.321
,
9
321.322
,
321.323
,
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
10
section
321.372,
subsection
3
,
or
section
321.449B
,
causing
11
serious
injury
to
or
the
death
of
another
person
may
be
subject
12
to
the
following
penalties
in
addition
to
the
penalty
provided
13
for
a
scheduled
violation
in
section
805.8A
or
any
other
14
penalty
provided
by
law:
15
Sec.
8.
Section
805.8A,
subsection
5,
paragraph
a,
16
subparagraph
(5),
Code
2026,
is
amended
to
read
as
follows:
17
(5)
One
Two
hundred
thirty-five
eighty-five
dollars
plus
18
five
dollars
for
each
mile
per
hour
of
excessive
speed
over
19
twenty
miles
per
hour
over
the
limit.
20
Sec.
9.
APPLICABILITY.
This
Act
applies
on
and
after
21
March
1,
2027,
or
the
publication
date
of
the
issue
of
the
22
Iowa
administrative
bulletin
that
includes
a
statement
by
the
23
director
of
transportation
that
the
applicable
phase
of
the
24
department
of
transportation’s
new
statewide
records
system
25
is
implemented,
whichever
is
earlier.
The
department
shall
26
forward
a
copy
of
the
statement
to
the
Iowa
Code
editor
prior
27
to
publication.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
concerns
speed-related
driving
violations.
32
Under
current
law,
the
department
of
transportation
(DOT)
33
must
revoke
the
driver’s
license
of
a
person
who
is
convicted
34
of
certain
crimes
involving
a
motor
vehicle.
Upon
revoking
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a
driver’s
license,
the
DOT
is
prohibited
from
granting
an
1
application
for
a
new
license
until
the
expiration
of
one
year
2
after
the
revocation,
unless
another
period
is
specified
by
3
law.
A
person
whose
driver’s
license
was
revoked
must
apply
4
for
a
new
license
and
pay
the
required
fees
under
Code
section
5
321.191,
including
a
$20
reinstatement
fee.
6
The
bill
requires
the
DOT
to
revoke
the
driver’s
license
7
of
a
person
who
is
convicted
of
exceeding
a
speed
limit
with
8
a
detected
speed
of
100
miles
per
hour
(MPH)
or
more.
The
9
driver’s
license
must
be
revoked
for
90
days
and
the
person
10
is
ineligible
for
a
temporary
restricted
license
under
Code
11
section
321.215.
12
The
bill
authorizes
a
peace
officer,
on
behalf
of
the
13
DOT,
to
serve
immediate
notice
of
intention
to
revoke
and
of
14
revocation
on
a
person
cited
for
exceeding
a
speed
limit
with
15
a
detected
speed
of
100
MPH
or
more.
If
the
peace
officer
16
serves
immediate
notice,
the
peace
officer
is
required
to
17
take
the
Iowa
driver’s
license
of
the
person
and
issue
a
18
temporary
license
effective
for
10
days.
The
peace
officer
19
must
immediately
send
the
person’s
license
to
the
DOT
along
20
with
the
officer’s
certificate
indicating
the
person’s
detected
21
excessive
speed.
This
process
exists
under
current
law
for
22
persons
who
refuse
to
submit
to
chemical
testing
after
a
23
suspected
operating-while-intoxicated
(OWI)
violation
(Code
24
section
321J.9).
A
person
whose
driver’s
license
is
revoked
25
under
the
bill
may
appeal
the
revocation
in
the
manner
provided
26
to
a
person
suspected
of
violating
Code
section
321J.2
(OWI)
27
as
provided
in
Code
section
321J.13
(hearing
on
revocation
——
28
appeal).
29
The
DOT
is
required
to
adopt
administrative
rules
to
30
administer
the
mandatory
license
revocation
provisions
of
the
31
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.
9
Under
current
law,
a
person
who
drives
a
vehicle
in
such
10
manner
as
to
indicate
either
a
willful
or
a
wanton
disregard
11
for
the
safety
of
persons
or
property
is
guilty
of
reckless
12
driving,
in
violation
of
Code
section
321.277.
A
person
13
convicted
for
reckless
driving
commits
a
simple
misdemeanor.
14
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
15
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
16
The
bill
provides
that
exceeding
the
speed
limit
by
25
MPH
or
17
more
is
reckless
driving.
18
By
operation
of
law,
a
person
who
drives
recklessly
in
19
violation
of
Code
section
321.277,
as
amended
by
the
bill,
20
commits
a
class
“C”
felony
if
the
violation
unintentionally
21
causes
the
death
of
another,
and
commits
a
class
“D”
felony
22
if
the
violation
unintentionally
causes
a
serious
injury
(see
23
Code
section
707.6A
——
homicide
or
serious
injury
by
vehicle).
24
Under
current
law,
Code
section
707.6A
also
applies
if
a
25
person,
other
than
a
member
of
a
public
safety
agency,
exceeds
26
the
posted
speed
limit
by
25
MPH
or
more
and
unintentionally
27
causes
death
or
serious
injury,
if
the
speeding
violation
is
28
the
proximate
cause
of
the
death
or
injury.
29
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
30
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
31
$13,660.
A
class
“D”
felony
is
punishable
by
confinement
for
32
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
33
more
than
$10,245.
34
Under
current
law,
Code
section
321.288
requires
a
person
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operating
a
motor
vehicle
to
control
the
vehicle
at
all
times
1
and
reduce
the
speed
of
the
vehicle
to
a
reasonable
and
proper
2
rate
when
approaching
a
pedestrian
walking
or
an
animal
being
3
led,
ridden,
or
driven
on
a
highway;
when
approaching
and
4
traversing
a
crossing,
intersection,
sharp
turn,
curve,
or
5
steep
descent
on
a
highway;
when
approaching
and
passing
6
an
emergency
warning
device,
emergency
vehicle
displaying
7
revolving
or
flashing
lights,
or
slow-moving
vehicle
displaying
8
reflective
devices;
and
when
approaching
and
passing
through
a
9
work
zone.
The
scheduled
fine
for
a
violation
of
Code
section
10
321.288
is
$135.
Code
section
321.482A
sets
forth
additional
11
penalties
applicable
when
a
person
is
convicted
of
operating
12
a
motor
vehicle
in
violation
of
certain
Code
sections
in
Code
13
chapter
321
(motor
vehicles
and
law
of
the
road)
if
such
14
violation
causes
serious
injury
to
or
the
death
of
another
15
person.
16
The
bill
adds
Code
section
321.288
to
the
list
of
violations
17
subject
to
additional
penalties
under
Code
section
321.482A.
18
When
a
person
is
convicted
of
a
violation
causing
serious
19
injury,
the
additional
penalties
include
a
fine
of
$500
or
20
suspension
of
the
violator’s
driver’s
license
or
operating
21
privileges
for
not
more
than
90
days,
or
both.
When
a
person
22
is
convicted
of
a
violation
causing
death,
the
additional
23
penalties
include
a
fine
of
$1,000
or
suspension
of
the
24
violator’s
driver’s
license
or
operating
privileges
for
not
25
more
than
180
days,
or
both.
26
Under
current
law,
a
person
who
operates
a
motor
vehicle
27
in
excess
of
a
speed
limit
under
Code
section
321.236(5,
28
11)
(public
parks
and
alleys),
Code
section
321.285
(speed
29
restrictions
generally),
Code
section
321.383(5)
(implements
of
30
husbandry),
Code
section
321O.5(1)
(personal
delivery
devices),
31
or
Code
section
461A.36
(state
parks
and
preserves),
commits
a
32
simple
misdemeanor
punishable
by
a
scheduled
fine
that
varies
33
depending
on
the
excessive
speed.
The
fine
ranges
from
$30
for
34
a
speed
in
excess
of
the
limit
by
not
more
than
5
MPH
to
$135
35
-7-
LSB
5381SV
(2)
91
th/ns
7/
8
S.F.
2288
plus
$5
for
each
MPH
of
excessive
speed
over
20
MPH
over
the
1
limit.
2
The
bill
increases
the
scheduled
fine
for
excessive
speed
3
over
20
MPH
over
the
limit
to
$285
plus
$5
for
each
MPH
of
4
excessive
speed
over
20
MPH
over
the
limit.
5
The
bill
applies
on
and
after
March
1,
2027,
or
the
6
publication
date
of
the
issue
of
the
Iowa
administrative
7
bulletin
that
includes
a
statement
by
the
director
of
8
transportation
that
the
applicable
phase
of
the
DOT’s
new
9
records
system
is
implemented,
whichever
is
earlier.
The
DOT
10
is
also
required
to
forward
a
copy
of
the
statement
to
the
Iowa
11
Code
editor.
12
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5381SV
(2)
91
th/ns
8/
8