Text: HSB540            Text: HSB542


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
Text: HSB540            Text: HSB542