House Study Bill 541



                                    HOUSE FILE       
                                    BY  (PROPOSED COMMITTEE ON
                                        JUDICIARY BILL BY
                                        CHAIRPERSON ANDERSON)

                                         A BILL FOR

     1 An Act relating to certain multiple driving=related convictions
     2    for one continuous act of driving.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       TLSB 5454YC (3) 84
       jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.561A  Multiple offenses
  1  2 involving one continuous act of driving.
  1  3    1.  A person shall not be convicted of more than one offense
  1  4 of operating a motor vehicle while the person's license is
  1  5 suspended under section 321.218, subsection 1, operating a
  1  6 motor vehicle while the person's license is revoked under
  1  7 section 321.218, subsection 1, or operating a motor vehicle
  1  8 while found to be a habitual offender under section 321.561,
  1  9 or any combination of the aforementioned offenses, for one
  1 10 continuous act of driving.
  1 11    2.  If a person is convicted of more than one offense
  1 12 listed in subsection 1 that arose out of one continuous act
  1 13 of driving, the court shall only enter a conviction for the
  1 14 offense with the greatest criminal penalty.  If the criminal
  1 15 penalty for the offenses are equal, the court shall enter a
  1 16 conviction for only one of the offenses.
  1 17                           EXPLANATION
  1 18    This bill relates to certain multiple driving=related
  1 19 convictions for one continuous act of driving.
  1 20    Under the bill, a person shall not be convicted of more
  1 21 than one offense of operating a motor vehicle while a license
  1 22 is suspended under Code section 321.218, operating a motor
  1 23 vehicle while a license is revoked under Code section 321.218,
  1 24 or operating a motor vehicle while found to be a habitual
  1 25 offender under Code section 321.561, or any combination of the
  1 26 aforementioned offenses, for one continuous act of driving.
  1 27    If a person is convicted of multiple offenses listed in new
  1 28 Code section 321.561A created in the bill, the court shall only
  1 29 enter a conviction for the offense with the greatest criminal
  1 30 penalty if the offenses arose from one continuous act of
  1 31 driving.  If the criminal penalties for the offenses are equal,
  1 32 the court shall enter a conviction for only one of the criminal
  1 33 offenses.
  1 34    A person who operates a motor vehicle while suspended
  1 35 or revoked under Code section 321.218 commits a simple
  2  1 misdemeanor.  A person who operates a motor vehicle while
  2  2 a habitual offender under Code section 321.561 commits an
  2  3 aggravated misdemeanor.
  2  4    The length of a driver's license suspension or revocation is
  2  5 established in Code section 321.212.
  2  6    The length of a revocation of a driver's license for a person
  2  7 classified as an habitual offender is established in Code
  2  8 section 321.560.
  2  9    A simple misdemeanor is punishable by confinement for no
  2 10 more than 30 days or a fine of at least $65 but not more than
  2 11 $625 or by both.  An aggravated misdemeanor is punishable by
  2 12 confinement for no more than two years and a fine of at least
  2 13 $625 but not more than $6,250.
       LSB 5454YC (3) 84
       jm/rj