H.F. 2308 Section 1. NEW SECTION . 905A.1 Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. “Department” means the state department of 4 transportation. 5 2. “Minor traffic offense” means a violation of chapter 6 321 which is punishable as a simple misdemeanor or for which 7 a scheduled fine is provided in section 805.8A, except for a 8 violation of any of the following: 9 a. Section 321.20B, 321.218, 321.262, 321.264, 321.277, 10 321.277A, 321.278, or 321.279. 11 b. Section 321.285, where the vehicle was traveling 12 twenty-five miles per hour or more over the posted speed limit 13 or at ninety-five miles per hour or more. 14 c. Section 321.372, subsection 3. 15 d. Any other moving traffic violation under chapter 321 that 16 occurs within a road work zone or that results in injury to or 17 the death of another person. 18 Sec. 2. NEW SECTION . 905A.2 Pretrial diversion programs —— 19 establishment by local entity. 20 Upon approval by the board of supervisors of a county, a 21 county attorney may establish a pretrial diversion program 22 in the county. Upon approval by a city council, the city 23 attorney may establish a pretrial diversion program in the 24 city. A program established under this section shall meet the 25 requirements set forth in this chapter. 26 Sec. 3. NEW SECTION . 905A.3 Pretrial diversion programs —— 27 requirements. 28 1. A pretrial diversion program shall allow a person who 29 is a resident of this state and who has been charged with 30 or received a citation for a minor traffic offense to have 31 the option to complete an internet-based class related to 32 understanding the traffic laws of this state, the strategies 33 available for the safe operation of motor vehicles, and the 34 deterrence of future violations. Upon completion of the class, 35 -1- LSB 5734YH (3) 86 ns/nh 1/ 5

H.F. 2308 the person’s charge or citation shall be dismissed. However, 1 the person shall pay all court costs associated with the 2 person’s charge or citation. 3 2. A person eligible for a pretrial diversion program shall 4 have the opportunity to review a copy of the requirements of 5 the program, including duration, cost, and possible outcomes, 6 with the person’s legal counsel prior to deciding whether to 7 enroll in the program. Enrollment in the program shall not be 8 conditioned on a plea of guilty by the person. A person may 9 withdraw from the program at any time before the completion 10 of the program, and shall be remanded to the judicial process 11 for adjudication of the person’s charge or citation without 12 prejudice to the person. 13 3. A person shall complete the program within ninety days of 14 being charged with or receiving a citation for a minor traffic 15 offense. If a person enrolls in but does not withdraw from or 16 complete the program within ninety days of being charged with 17 or receiving a citation for a minor traffic offense, the person 18 shall be remanded to the judicial process for adjudication 19 of the person’s charge or citation without prejudice to the 20 person, and the department shall suspend the driver’s license 21 of the person for a period of ninety days. 22 4. A person who has completed a pretrial diversion program 23 in the previous three-year period shall not be eligible for 24 enrollment in a pretrial diversion program. 25 5. The administrator of a county’s or city’s pretrial 26 diversion program shall send a record of each enrollee to the 27 department. The department shall retain the enrollee’s record 28 in a confidential list for the three-year period following the 29 enrollee’s completion of the program. After the three-year 30 period has expired, the record of the enrollee shall be deleted 31 from the confidential list. The administrator of a county’s or 32 city’s pretrial diversion program may access the department’s 33 confidential list for the purposes of subsection 4. The 34 department may charge a fee to the administrator for such 35 -2- LSB 5734YH (3) 86 ns/nh 2/ 5

H.F. 2308 access in an amount sufficient to cover the cost of maintaining 1 the confidential list. 2 6. A person enrolled in a program may be charged a program 3 participation fee by the county or city in an amount approved 4 by the department. The fee shall be sufficient to cover the 5 costs to the county or city for administering the program, 6 including any payment by the county or city to the department 7 under this chapter. Fees collected under this subsection 8 shall be used by the county or city for the administration and 9 operation of the program. 10 7. An organization or governmental entity desiring to offer 11 an online class as part of a program shall obtain a certificate 12 from the department to be renewed annually. The certificate 13 shall represent the department’s approval of the length, 14 curriculum, instructors, and fees of the class. The department 15 may charge a fee for the certificate in an amount sufficient to 16 cover the costs of the certification process. 17 8. A person holding a commercial driver’s license or 18 commercial learner’s permit shall not be eligible to enroll in 19 a program if the person’s participation in the program would 20 violate federal law. 21 9. The department shall adopt rules pursuant to chapter 17A 22 to administer this chapter including but not limited to rules 23 regarding formal eligibility requirements for participants in a 24 pretrial diversion program, the length of and curriculum for a 25 class provided as part of a pretrial diversion program, program 26 instructor certification, the collection of enrollment and 27 completion records from the pretrial diversion programs in the 28 state, and the amount of the fees assessed under this chapter. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill allows a county or city to establish a pretrial 33 diversion program for persons charged with or issued a citation 34 for a minor traffic offense. The bill defines “minor traffic 35 -3- LSB 5734YH (3) 86 ns/nh 3/ 5

H.F. 2308 offense” as a violation of Code chapter 321 which is punishable 1 as a simple misdemeanor or for which a scheduled fine is 2 provided in Code section 805.8A, except for operating a motor 3 vehicle without financial liability coverage, operating a motor 4 vehicle with a suspended or revoked driver’s license, leaving 5 the scene of a traffic accident, passing a stopped school 6 bus, reckless driving, careless driving, drag racing, eluding 7 law enforcement, speeding 25 miles per hour or more over the 8 speed limit, speeding 95 miles per hour or more, or any moving 9 traffic violation that occurs within a road work zone or that 10 results in injury to or the death of another person. 11 A pretrial diversion program allows a person who is a 12 resident of Iowa and who has been charged with or received a 13 citation for a minor traffic offense to have the option to 14 complete an internet-based class related to understanding the 15 traffic laws of this state, the strategies available for the 16 safe operation of motor vehicles, and the deterrence of future 17 violations. Upon completion of the class, the person’s charge 18 or citation is dismissed. The person is required to pay the 19 court costs associated with the person’s charge or citation. 20 The bill prohibits enrollment in the program from being 21 conditioned on a plea of guilty by the person. A person may 22 withdraw from the program at any time before the completion of 23 the program. 24 The bill requires a person to complete the program within 25 90 days of being charged with or receiving a citation for a 26 violation. If a person enrolls in but does not withdraw from 27 or complete the program within 90 days, the person shall be 28 remanded to the judicial process for the person’s charge or 29 citation, and the department of transportation (DOT) shall 30 suspend the driver’s license of the person for a period of 90 31 days. 32 The bill prohibits a person who has completed a pretrial 33 diversion program in the previous three-year period from 34 enrolling in a pretrial diversion program. 35 -4- LSB 5734YH (3) 86 ns/nh 4/ 5

H.F. 2308 The bill directs the DOT to retain an enrollee’s record in 1 a confidential list for the three-year period following the 2 enrollee’s completion of the program. After the three-year 3 period has expired, the record of the enrollee shall be 4 deleted from the confidential list. The administrator of a 5 county’s or city’s pretrial diversion program may access the 6 DOT’s confidential list. The DOT may charge a fee to the 7 administrator for such access in an amount sufficient to cover 8 the cost of maintaining the confidential list. 9 A person enrolled in a program may be charged a fee by the 10 county or city for participation in the program in an amount 11 approved by the DOT. The fee shall be in an amount sufficient 12 to cover the costs to the county or city for administering 13 the program and the fees collected shall be used for the 14 administration and operation of the program. 15 An organization or governmental entity desiring to offer an 16 online class as part of a program must obtain a certificate 17 from the DOT to be renewed annually. The certificate shall 18 represent the DOT’s approval of the length, curriculum, 19 instructors, and fees of the class. The DOT may charge a fee 20 for the certificate in an amount sufficient to cover the costs 21 of the certification process. 22 -5- LSB 5734YH (3) 86 ns/nh 5/ 5