Bill Text: IA SF214 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal offenses, including the definition of reckless in the criminal code, restrictions on the operation of a motor vehicle, forfeiture for certain offenses, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF214 Detail]
Download: Iowa-2011-SF214-Introduced.html
Senate
File
214
-
Introduced
SENATE
FILE
214
BY
HOGG
A
BILL
FOR
An
Act
relating
to
criminal
offenses,
including
the
definition
1
of
reckless
in
the
criminal
code,
restrictions
on
the
2
operation
of
a
motor
vehicle,
forfeiture
for
certain
3
offenses,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
321.193,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
The
department
shall
restrict
the
3
driver’s
license
of
a
person
convicted
of
reckless
driving
4
pursuant
to
section
321.277
to
operation
of
motor
vehicles
with
5
a
gross
vehicle
weight
rating
of
four
thousand
pounds
or
less
6
for
a
period
not
to
exceed
two
years.
Unless
the
license
has
7
been
suspended
or
revoked,
the
department
shall
immediately
8
issue
to
the
person
a
new
license
setting
forth
the
operating
9
restriction.
If
the
person’s
license
is
suspended
or
revoked,
10
the
restriction
shall
be
set
forth
on
a
new
license
issued
11
following
the
period
of
suspension
or
revocation.
12
Sec.
2.
Section
321.206,
Code
2011,
is
amended
to
read
as
13
follows:
14
321.206
Surrender
of
license
——
duty
of
court.
15
If
a
person
is
convicted
in
court
of
an
offense
for
which
16
this
chapter
requires
mandatory
revocation
of
the
person’s
17
driver’s
license
or
,
if
the
person’s
license
is
a
commercial
18
driver’s
license
and
the
conviction
disqualifies
the
person
19
from
operating
a
commercial
motor
vehicle,
or
if
the
person
20
is
convicted
of
reckless
driving
pursuant
to
section
321.277,
21
the
court
shall
require
the
person
to
surrender
the
driver’s
22
license
held
by
the
person
and
the
court
shall
destroy
the
23
license
or
forward
the
license
together
with
a
record
of
the
24
conviction
to
the
department
as
provided
in
section
321.491
.
25
Sec.
3.
Section
321.277,
Code
2011,
is
amended
to
read
as
26
follows:
27
321.277
Reckless
driving.
28
1.
Any
person
who
drives
any
vehicle
in
such
manner
as
to
29
indicate
either
a
willful
or
a
wanton
disregard
for
the
safety
30
of
persons
or
property
is
guilty
of
reckless
driving.
31
2.
Whether
a
person
drives
a
vehicle
while
the
driver’s
32
license
of
the
person
has
been
suspended,
denied,
revoked,
or
33
barred
is
relevant
in
the
determination
of
whether
the
act
was
34
done
with
willful
or
wanton
disregard
for
the
safety
of
persons
35
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214
or
property.
1
3.
Every
person
convicted
of
reckless
driving
shall
be
2
guilty
of
a
simple
misdemeanor.
3
4.
A
person
convicted
of
reckless
driving
shall
be
barred
4
from
operating
a
vehicle
with
a
gross
vehicle
weight
rating
5
exceeding
four
thousand
pounds.
Upon
receipt
of
a
notice
of
6
conviction
for
a
violation
of
this
section,
the
department
7
shall
impose
a
restriction
on
the
person’s
driver’s
license
as
8
provided
in
section
321.193.
9
Sec.
4.
Section
702.16,
Code
2011,
is
amended
to
read
as
10
follows:
11
702.16
Reckless.
12
A
person
is
“reckless”
or
acts
recklessly
when
the
person
13
willfully
or
wantonly
disregards
the
safety
of
persons
or
14
property
,
and
the
person
knows
or
reasonably
should
know
being
15
reckless
or
acting
recklessly
creates
an
unnecessary
risk
of
16
harm
to
another
or
to
property
.
17
Sec.
5.
Section
809A.3,
subsection
4,
Code
2011,
is
amended
18
to
read
as
follows:
19
4.
Notwithstanding
subsections
1
through
3,
violations
of
20
chapter
321
,
321A,
or
321J
shall
not
be
considered
conduct
21
giving
rise
to
forfeiture,
except
for
violations
of
the
22
following:
23
a.
Section
321.218
if
a
death
or
serious
injury
occurred
as
24
a
result
of
the
violation.
25
a.
b.
Section
321.232
.
26
c.
Section
321A.32,
subsection
1,
if
a
death
or
serious
27
injury
occurred
as
a
result
of
the
violation.
28
d.
A
first
violation
of
section
321J.4B,
subsection
2,
29
paragraph
“a”
,
subparagraph
(2),
if
a
death
or
serious
injury
30
occurred
as
a
result
of
the
violation.
31
b.
e.
A
second
or
subsequent
violation
of
section
321J.4B,
32
subsection
2
,
paragraph
“a”
,
subparagraph
(2).
33
c.
f.
Section
321J.4B,
subsection
9
.
34
EXPLANATION
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This
bill
relates
to
the
definition
of
“reckless”
in
the
1
criminal
code,
restrictions
on
the
operation
of
a
motor
2
vehicle,
and
forfeiture
for
certain
offenses.
3
The
bill
modifies
the
criminal
offense
of
reckless
driving.
4
Under
the
bill,
whether
a
person
drives
a
vehicle
while
the
5
driver’s
license
of
the
person
is
suspended,
denied,
revoked,
6
or
barred
is
relevant
in
the
determination
of
whether
the
7
offense
was
done
with
willful
or
wanton
disregard
for
the
8
safety
of
persons
or
property.
9
A
person
convicted
of
reckless
driving
pursuant
to
Code
10
section
321.277
shall
be
barred
under
the
bill
from
operating
11
a
motor
vehicle
with
a
gross
vehicle
weight
rate
exceeding
12
4,000
pounds
for
a
period
not
to
exceed
two
years.
The
bill
13
requires
the
department
of
transportation
to
issue
a
new
14
restricted
driver’s
license
barring
the
person
from
operating
a
15
motor
vehicle
exceeding
4,000
pounds.
A
person
who
violates
16
the
restriction
on
the
driver’s
license
commits
a
simple
17
misdemeanor
punishable
by
a
scheduled
fine
in
the
amount
of
18
$50.
19
The
bill
modifies
the
definition
of
“reckless”
in
the
20
criminal
code
in
Code
section
702.16.
The
bill
specifies
a
21
person
is
reckless
or
acts
recklessly
when
the
person
willfully
22
or
wantonly
disregards
the
safety
of
persons
or
property,
and
23
the
person
knows
or
reasonably
should
know
being
reckless
24
or
acting
recklessly
creates
an
unnecessary
risk
of
harm
to
25
another
or
to
property.
Current
law
provides
a
person
is
26
reckless
or
acts
recklessly
when
the
person
willfully
or
27
wantonly
disregards
the
safety
of
persons
or
property.
28
The
modification
to
the
definition
of
“reckless”
in
Code
29
section
702.16
directly
affects
the
following
criminal
offenses
30
and
procedures
in
the
criminal
code
(chapters
687
through
31
915):
intoxicants
or
drugs
(701.5),
compulsion
(704.10),
32
ongoing
criminal
conduct
(chapter
706A),
homicide
or
serious
33
injury
by
vehicle
(707.6A),
hazing
(708.10),
reckless
use
34
of
fire
or
explosives
(712.5),
burglary
in
the
first
degree
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(713.3),
attempted
burglary
in
the
first
degree
(713.4),
1
reckless
use
of
a
firearm
(724.30),
neglect
or
abandonment
of
a
2
dependent
person
(726.3),
private
sector
drug-free
workplaces
3
(730.5),
civil
damages,
civil
and
criminal
immunity,
and
4
injunctive
relief
for
interception
of
communications
(808B.8),
5
unauthorized
disclosure
of
offender’s
HIV-related
test
results
6
(915.43).
7
The
bill
permits
the
forfeiture
of
a
motor
vehicle
if
a
8
person
operates
a
motor
vehicle
while
the
driver’s
license
of
9
the
person
is
suspended,
denied,
revoked,
or
barred,
and
the
10
person
kills
or
seriously
injures
another
person.
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