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Bill > HF40


IA HF40

IA HF40
A bill for an act relating to mandatory revocation of driver's licenses, including immediate revocation for certain excessive speed violations.(See HF 569.)


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

Under current law, the department of transportation (DOT) must revoke the driver’s license of a person who is convicted of certain crimes involving a motor vehicle. Upon revoking a driver’s license, the DOT is prohibited from granting an application for a new license until the expiration of one year after the revocation, unless another period is specified by law. A person whose driver’s license was revoked must apply for a new license and pay the required fees under Code section 321.191, including a $20 reinstatement fee. This bill requires the DOT to revoke the driver’s license of a person who is convicted of exceeding a speed limit with a detected speed of 100 miles per hour (MPH) or more. The driver’s license must be revoked for 30 days and the person is ineligible for a temporary restricted license under Code section 321.215. The bill authorizes a peace officer, on behalf of the DOT, to serve immediate notice of intention to revoke and of revocation on a person cited for exceeding a speed limit with a detected speed of 100 MPH or more. If the peace officer serves immediate notice, the peace officer is required to take the Iowa driver’s license of the person and issue a temporary license effective for 10 days. The peace officer must immediately send the person’s license to the DOT along with the officer’s certificate indicating the person’s detected excessive speed. This process exists under current law for persons who refuse to submit to chemical testing after a suspected operating-while-intoxicated (OWI) violation (Code section 321J.9). A person whose driver’s license is revoked under the bill may appeal the revocation in the manner provided to a person suspected of violating Code section 321J.2 (OWI) as provided in Code section 321J.13 (hearing on revocation —— appeal). The DOT is required to adopt administrative rules to administer the bill. The bill makes conforming internal Code reference changes, eliminates a conflict regarding the issuance of a temporary restricted license for second and subsequent reckless driving violations, and strikes certain references to “conviction” and “forfeiture of bail not vacated” in Code section 321.209 to reduce duplication. When used in Code chapter 321 (motor vehicles and law of the road), “conviction” is defined to mean a final conviction, including but not limited to a plea of guilty or nolo contendere accepted by the court, a final administrative ruling or determination, or an unvacated forfeiture of bail or collateral deposited to secure a person’s appearance in court.

AI Summary

This bill modifies Iowa's driver's license revocation laws to create a new mandatory license revocation for drivers who exceed 100 miles per hour. Specifically, the bill requires the Department of Transportation (DOT) to revoke a driver's license for 30 days when a peace officer certifies that a driver was detected traveling at 100 MPH or more. The peace officer is authorized to immediately serve notice of revocation, seize the driver's license, and issue a temporary 10-day license. The driver will be ineligible for a temporary restricted license during this revocation period. The bill also eliminates conflicts in existing law regarding license revocations for reckless driving and drag racing, and updates various cross-references in the state code. The revocation process is similar to current procedures for drivers who refuse chemical testing during operating-while-intoxicated (OWI) investigations. Drivers who have their license revoked under this new provision will have the right to appeal the revocation through a process comparable to OWI hearings, and the DOT is required to develop administrative rules to implement these new requirements.

Committee Categories

Justice

Sponsors (1)

Last Action

Committee report approving bill, renumbered as HF 569. (on 02/24/2025)

bill text


bill summary

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