Senate File 359 - Enrolled
Senate File 359
AN ACT
RELATING TO THE CHARGING PROCEDURE FOR SCHEDULED VIOLATIONS FOR
EXCEEDING WEIGHT LIMITS ON AN AXLE OR VEHICLE.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 805.8A, subsection 12, paragraph e, Code
2 2023, is amended to read as follows:
3 e. (1) Violations of the schedule of axle, and tandem axle,
4 and gross or group of axle axles, and gross weight violations
5 limits in section 321.463 shall be scheduled violations subject
6 to the uniform citation and complaint provisions, procedures,
7 and exceptions contained in sections 805.6 through 805.11,
8 irrespective of the amount of the scheduled fine under that
9 schedule.
10 (a) Violations of the schedule of weight violations shall be
11 chargeable, where the fine charged does not exceed one thousand
12 dollars, only by uniform citation and complaint.
13 (b) Violations of the schedule of weight violations, where
14 the fine charged exceeds one thousand dollars shall, when the
15 violation is admitted and section 805.9 applies, be chargeable
16 upon uniform citation and complaint, indictment, or county
17 attorney’s information, but otherwise shall be chargeable only
18 upon indictment or county attorney’s information.
 Senate File 359, p. 2
19 (2) In all cases of charges under the schedule of weight
20 violations, the charge citation and complaint shall specify the
21 amount of fine charged under the schedule. Where a defendant
22 is convicted and the fine under the foregoing schedule of
23 weight violations exceeds one thousand dollars, the conviction
24 shall be of an indictable offense although section 805.9 is
25 employed and whether the violation is charged upon uniform
26 citation and complaint, indictment, or county attorney’s
27 information.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 359, Ninetieth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2023 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 805.8A
Enrolled: 805.8A