Bill Text: IA HF34 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act concerning motor vehicle-related violations that result in serious injury or death and are committed while the operator has a denied, canceled, suspended, revoked, or barred driver’s license, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-18 - Introduced, referred to Judiciary. H.J. 91. [HF34 Detail]

Download: Iowa-2017-HF34-Introduced.html
House File 34 - Introduced




                                 HOUSE FILE       
                                 BY  KRESSIG

                                      A BILL FOR

  1 An Act concerning motor vehicle=related violations that result
  2    in serious injury or death and are committed while the
  3    operator has a denied, canceled, suspended, revoked, or
  4    barred driver's license, and providing penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1814YH (2) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  321.482B  Violations committed while
  1  2 operating without valid driver's license ==== serious injury or
  1  3 death ==== penalty.
  1  4    1.  In addition to any other penalty provided by law, a
  1  5 person who operates a motor vehicle while the person's driver's
  1  6 license or operating privilege is denied, canceled, suspended,
  1  7 revoked, or barred and who commits a moving violation during
  1  8 such operation that results in serious injury, as defined
  1  9 in section 702.18, to another person is guilty of a serious
  1 10 misdemeanor.
  1 11    2.  In addition to any other penalty provided by law, a
  1 12 person who operates a motor vehicle while the person's driver's
  1 13 license or operating privilege is denied, canceled, suspended,
  1 14 revoked, or barred and who commits a moving violation during
  1 15 such operation that results in the death of another person is
  1 16 guilty of an aggravated misdemeanor.
  1 17    3.  For the purposes of this section, "moving violation"
  1 18 means as defined in 761 IAC 615.1, and does not include any
  1 19 violation not considered a moving violation under this chapter.
  1 20                           EXPLANATION
  1 21 The inclusion of this explanation does not constitute agreement with
  1 22 the explanation's substance by the members of the general assembly.
  1 23    This bill provides that a person who operates a motor vehicle
  1 24 while the person's driver's license or operating privilege
  1 25 is denied, canceled, suspended, revoked, or barred and who
  1 26 commits a moving violation during such operation that results
  1 27 in serious injury to another person is guilty of a serious
  1 28 misdemeanor. If the moving violation results in the death
  1 29 of another person, the person is guilty of an aggravated
  1 30 misdemeanor. Under Code section 903.1, a serious misdemeanor
  1 31 is punishable by a fine of at least $315 but not to exceed
  1 32 $1,875 and imprisonment not to exceed one year. An aggravated
  1 33 misdemeanor is punishable by a fine of at least $625 but not to
  1 34 exceed $6,250 and imprisonment not to exceed two years. The
  1 35 bill provides that these penalties are in addition to any other
  2  1 penalties provided by law.
  2  2    The bill defines "moving violation" as the term is
  2  3 defined in the Iowa administrative code by the department of
  2  4 transportation. Under the bill, "moving violation" does not
  2  5 include any violation not considered a moving violation under
  2  6 Code chapter 321.
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