House File 40 - Introduced HOUSE FILE 40 BY MEGGERS A BILL FOR An Act relating to mandatory revocation of drivers licenses, 1 including immediate revocation for certain excessive speed 2 violations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1112YH (4) 91 th/ns
H.F. 40 Section 1. Section 321.209, Code 2025, 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 operators 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 persons drivers license. 33 a. The peace officer who detected the excessive speed 34 may, on behalf of the department, serve immediate notice of 35 -1- LSB 1112YH (4) 91 th/ns 1/ 5
H.F. 40 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 drivers license of the person, if any, and issue 3 a temporary license effective for ten days. The peace officer 4 shall immediately send the persons license to the department 5 along with the officers certificate indicating the persons 6 detected excessive speed. 7 b. A person whose drivers 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 2025, 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 2025, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . d. The department shall revoke a license for 26 thirty 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 2025, 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, 35 -2- LSB 1112YH (4) 91 th/ns 2/ 5
H.F. 40 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 2025, is amended to read as follows: 14 Upon conviction and the suspension or revocation of a 15 persons noncommercial drivers 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 drivers 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 juveniles drivers 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 drivers 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 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanations substance by the members of the general assembly. 33 Under current law, the department of transportation (DOT) 34 must revoke the drivers license of a person who is convicted 35 -3- LSB 1112YH (4) 91 th/ns 3/ 5
H.F. 40 of certain crimes involving a motor vehicle. Upon revoking 1 a drivers license, the DOT is prohibited from granting an 2 application for a new license until the expiration of one year 3 after the revocation, unless another period is specified by 4 law. A person whose drivers license was revoked must apply 5 for a new license and pay the required fees under Code section 6 321.191, including a $20 reinstatement fee. 7 This bill requires the DOT to revoke the drivers license 8 of a person who is convicted of exceeding a speed limit with 9 a detected speed of 100 miles per hour (MPH) or more. The 10 drivers license must be revoked for 30 days and the person 11 is ineligible for a temporary restricted license under Code 12 section 321.215. 13 The bill authorizes a peace officer, on behalf of the 14 DOT, to serve immediate notice of intention to revoke and of 15 revocation on a person cited for exceeding a speed limit with 16 a detected speed of 100 MPH or more. If the peace officer 17 serves immediate notice, the peace officer is required to 18 take the Iowa drivers license of the person and issue a 19 temporary license effective for 10 days. The peace officer 20 must immediately send the persons license to the DOT along 21 with the officers certificate indicating the persons detected 22 excessive speed. This process exists under current law for 23 persons who refuse to submit to chemical testing after a 24 suspected operating-while-intoxicated (OWI) violation (Code 25 section 321J.9). A person whose drivers license is revoked 26 under the bill may appeal the revocation in the manner provided 27 to a person suspected of violating Code section 321J.2 (OWI) 28 as provided in Code section 321J.13 (hearing on revocation 29 appeal). 30 The DOT is required to adopt administrative rules to 31 administer the 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 35 -4- LSB 1112YH (4) 91 th/ns 4/ 5
H.F. 40 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 persons 8 appearance in court. 9 -5- LSB 1112YH (4) 91 th/ns 5/ 5