HF 714 (LSB 1467HV (1) 88)

HOUSE FILE 714

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 16)

A BILL FOR

An Act relating to ignition interlock device requirements for a first operating-while-intoxicated offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.2, subsection 3, paragraph d, Code 2019, is amended to read as follows:
   d.  Revocation of the person’s driver’s license for a minimum period of one hundred eighty days up to a maximum revocation period of one year, pursuant to section 321J.4, subsection 1, section 321J.9, or section 321J.12. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.
    Sec. 2.  Section 321J.4, subsections 1 and 3, Code 2019, are amended to read as follows:
   1.  If a defendant is convicted of a violation of section 321J.2 and the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for one hundred eighty days if the defendant submitted to chemical testing and has had no previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for one year if the defendant refused to submit to chemical testing and has had no previous conviction or revocation under this chapter. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. 
   3.  If the court defers judgment pursuant to section 907.3 for a violation of section 321J.2, and if the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12, or has not otherwise been revoked for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of not less than thirty days nor more than ninety days. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. 
    Sec. 3.  Section 321J.4, subsection 8, paragraphs a and d, Code 2019, are amended to read as follows:
   a.  On a conviction for or as a condition of a deferred judgment for a violation of section 321J.2, the court may order the defendant to install ignition interlock devices of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the defendant which, without tampering or the intervention of another person, would prevent the defendant from operating the motor vehicle with an alcohol concentration greater than a level set by rule of the commissioner of public safety.  However, if the defendant has had no previous conviction or revocation under this chapter, the court’s order shall require the defendant to install approved ignition interlock devices only on all motor vehicles operated by the defendant.
   d.  If the defendant’s driver’s license or nonresident operating privilege has been revoked, the department shall not issue a temporary permit or a driver’s license to the person without certification that approved ignition interlock devices have been installed in on all motor vehicles owned or operated by the defendant while the order is in effect.  However, if the defendant has had no previous conviction or revocation under this chapter, the department shall require certification that approved ignition interlock devices have been installed only on all motor vehicles operated by the defendant.
    Sec. 4.  Section 321J.9, subsection 2, Code 2019, is amended to read as follows:
   2.  The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.  However, if the defendant has had no previous conviction or revocation under this chapter, the department shall only require the defendant to install an approved ignition interlock device on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
    Sec. 5.  Section 321J.12, subsection 2, Code 2019, is amended to read as follows:
   2.  The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary license.  However, if the defendant has had no previous conviction or revocation under this chapter, the department shall only require the defendant to install an approved ignition interlock device on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
    Sec. 6.  Section 321J.20, subsection 2, Code 2019, is amended to read as follows:
   2.  A temporary restricted license issued under this section shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles owned or operated by the applicant.  However, if the applicant has had no previous conviction or revocation under this chapter, a temporary restricted license issued under this section shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles operated by the applicant. Installation of an ignition interlock device under this section shall be required for the period of time for which the temporary restricted license is issued, and for such additional period of time following reinstatement as is required under section 321J.17, subsection 3. However, a person whose driver’s license or nonresident operating privilege has been revoked under section 321J.21 may apply to the department for a temporary restricted license without the requirement of an ignition interlock device if at least twelve years have elapsed since the end of the underlying revocation period for a violation of section 321J.2.
    Sec. 7.  Section 901D.3, subsection 2, paragraph b, Code 2019, is amended to read as follows:
   b.  In order to participate in the program, a person shall be required to install an approved ignition interlock device on all motor vehicles owned or operated by the person.  However, if the person has had no previous conviction or revocation under chapter 321J, the person shall only be required to install an approved ignition interlock device on all motor vehicles operated by the person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, if a person seeks a temporary restricted license following an operating-while-intoxicated (OWI) offense, the person is required to install an approved ignition interlock device on all motor vehicles owned or operated by the person. This bill requires a person seeking a temporary restricted license following a first OWI offense to install an approved ignition interlock device only on all motor vehicles operated by the person. The bill makes corresponding changes to Code chapters 321J (operating while intoxicated) and 901D (sobriety and drug monitoring program).