Senate File 2299 - Reprinted SENATE FILE 2299 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2103) (As Amended and Passed by the Senate March 11, 2014 ) A BILL FOR An Act relating to Iowa’s operating-while-intoxicated law and 1 license revocations, temporary restricted licenses, and 2 ignition interlock devices, and including applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2299 (3) 85 rh/nh/jh

S.F. 2299 Section 1. Section 321J.2, subsection 3, paragraph c, 1 unnumbered paragraph 1, Code 2014, is amended to read as 2 follows: 3 Assessment of a fine of one thousand two hundred fifty 4 dollars. However, in the discretion of the court, if no 5 personal or property injury has resulted from the defendant’s 6 actions, the court may shall waive up to six hundred 7 twenty-five dollars of the fine when the defendant presents to 8 the court at the end of the minimum period of ineligibility 9 a temporary restricted license issued pursuant to section 10 321J.20 . 11 Sec. 2. Section 321J.2, subsection 3, paragraph d, Code 12 2014, is amended by striking the paragraph. 13 Sec. 3. Section 321J.2, subsection 4, paragraph c, Code 14 2014, is amended by striking the paragraph. 15 Sec. 4. Section 321J.2, subsection 5, paragraph c, Code 16 2014, is amended by striking the paragraph. 17 Sec. 5. Section 321J.4, Code 2014, is amended by striking 18 the section and inserting in lieu thereof the following: 19 321J.4 Revocation of license —— ignition interlock devices —— 20 conditional temporary restricted license. 21 1. Revocation. If a defendant is convicted of a violation 22 of section 321J.2, the defendant’s driver’s license or 23 nonresident operating privileges shall be revoked as follows: 24 a. First offense. If the defendant has had no previous 25 conviction or revocation under this chapter and the defendant’s 26 driver’s license or nonresident operating privilege has not 27 been revoked under section 321J.9 or 321J.12 for the occurrence 28 from which the arrest arose, the department shall revoke the 29 defendant’s driver’s license or nonresident operating privilege 30 for the following periods of time: 31 (1) Test result. One hundred eighty days if the defendant 32 submitted to chemical testing. 33 (2) Refusal to submit. One year if the defendant refused 34 to submit to chemical testing. 35 -1- SF 2299 (3) 85 rh/nh/jh 1/ 13

S.F. 2299 b. Second offense. If the defendant has had a previous 1 conviction or revocation under this chapter and the defendant’s 2 driver’s license or nonresident operating privilege has not 3 been revoked under section 321J.9 or 321J.12 for the occurrence 4 from which the arrest arose, the department shall revoke the 5 defendant’s driver’s license or nonresident operating privilege 6 for the following periods of time: 7 (1) Test result. One year if the defendant submitted to 8 chemical testing. 9 (2) Refusal to submit. Two years if the defendant refused 10 to submit to chemical testing. 11 c. Third or subsequent offense. Upon a plea or verdict 12 of guilty of a third or subsequent violation of section 13 321J.2, the department shall revoke the defendant’s driver’s 14 license or nonresident operating privilege for a period of six 15 years. The defendant shall not be eligible for a temporary 16 restricted license for one year after the effective date of the 17 revocation. 18 d. Offense involving personal injury. Upon a plea or 19 verdict of guilty of a violation of section 321J.2 which 20 involved a personal injury, the court shall determine in open 21 court, from consideration of the information in the file and 22 any other evidence the parties may submit, whether a serious 23 injury was sustained by any person other than the defendant 24 and, if so, whether the defendant’s conduct in violation of 25 section 321J.2 caused the serious injury. If the court so 26 determines, the court shall order the department to revoke the 27 defendant’s driver’s license or nonresident operating privilege 28 for a period of one year in addition to any other period of 29 suspension or revocation. The defendant shall surrender to the 30 court any Iowa license or permit and the court shall forward it 31 to the department with a copy of the order for revocation. 32 e. Offense involving a death. Upon a plea or verdict of 33 guilty of a violation of section 321J.2 which involved a death, 34 the court shall determine in open court, from consideration of 35 -2- SF 2299 (3) 85 rh/nh/jh 2/ 13

S.F. 2299 the information in the file and any other evidence the parties 1 may submit, whether a death occurred and, if so, whether the 2 defendant’s conduct in violation of section 321J.2 caused the 3 death. If the court so determines, the court shall order 4 the department to revoke the defendant’s driver’s license or 5 nonresident operating privilege for a period of six years. The 6 defendant shall not be eligible for any temporary restricted 7 license for at least two years after the revocation. The 8 defendant shall surrender to the court any Iowa license or 9 permit and the court shall forward it to the department with a 10 copy of the order for revocation. 11 2. Revocation or denial period. If a license or permit 12 to operate a motor vehicle is revoked or denied under this 13 section or section 321J.9 or 321J.12, the period of revocation 14 or denial shall be the period provided for such a revocation 15 or until the defendant reaches the age of eighteen whichever 16 period is longer. 17 3. Ignition interlock device. 18 a. Upon a conviction for or as a condition of a deferred 19 judgment for a violation of section 321J.2, the court may 20 order the defendant to install ignition interlock devices 21 of a type approved by the commissioner of public safety on 22 all motor vehicles owned or operated by the defendant which, 23 without tampering or the intervention of another person, would 24 prevent the defendant from operating the motor vehicle with an 25 alcohol concentration greater than a level set by rule of the 26 commissioner of public safety. 27 b. The commissioner of public safety shall adopt rules to 28 approve certain ignition interlock devices and the means of 29 installation of the devices, and shall establish the level of 30 alcohol concentration beyond which an ignition interlock device 31 will not allow operation of the motor vehicle in which it is 32 installed. 33 c. The order to install ignition interlock devices shall 34 remain in effect for a period of time as determined by the 35 -3- SF 2299 (3) 85 rh/nh/jh 3/ 13

S.F. 2299 court which shall not exceed the maximum term of imprisonment 1 which the court could have imposed according to the nature of 2 the violation. While the order is in effect, the defendant 3 shall not operate a motor vehicle which does not have an 4 approved ignition interlock device installed. This may be in 5 addition to any period of time the defendant is required to 6 install and maintain an approved ignition interlock device 7 under section 321J.17 or 321J.20. 8 d. If the defendant’s driver’s license or nonresident 9 operating privilege has been revoked, the department shall not 10 issue a temporary permit or a driver’s license to the person 11 without certification that approved ignition interlock devices 12 have been installed in all motor vehicles owned or operated by 13 the defendant while the order is in effect. 14 e. A defendant who fails within a reasonable time to comply 15 with an order to install an approved ignition interlock device 16 may be declared in contempt of court and punished accordingly. 17 f. A person who tampers with or circumvents an ignition 18 interlock device installed under a court order while an order 19 is in effect commits a serious misdemeanor. 20 Sec. 6. Section 321J.9, subsection 1, paragraphs a and b, 21 Code 2014, are amended to read as follows: 22 a. First offense. One year if the person has no previous 23 revocation under this chapter ; and . 24 b. Second or subsequent offense. Two years if the person 25 has had a previous revocation under this chapter . 26 Sec. 7. Section 321J.9, subsection 2, Code 2014, is amended 27 by striking the subsection. 28 Sec. 8. Section 321J.12, subsection 1, paragraphs a and b, 29 Code 2014, are amended to read as follows: 30 a. First offense. One hundred eighty days if the person has 31 had no previous revocation under this chapter . 32 b. Second or subsequent offense. One year if the person has 33 had a previous revocation under this chapter . 34 Sec. 9. Section 321J.12, subsection 2, Code 2014, is amended 35 -4- SF 2299 (3) 85 rh/nh/jh 4/ 13

S.F. 2299 by striking the subsection. 1 Sec. 10. Section 321J.12, subsection 5, Code 2014, is 2 amended to read as follows: 3 5. Upon certification, subject to penalty of perjury, by the 4 peace officer that there existed reasonable grounds to believe 5 that the person had been operating a motor vehicle in violation 6 of section 321J.2A , that there existed one or more of the 7 necessary conditions for chemical testing described in section 8 321J.6, subsection 1 , and that the person submitted to chemical 9 testing and the test results indicated an alcohol concentration 10 of .02 or more but less than .08, the department shall revoke 11 the person’s driver’s license or operating privilege for a 12 period of sixty the following periods of time: 13 a. First offense. Sixty days if the person has had no 14 previous revocation under this chapter , and for a period of 15 ninety . 16 b. Second or subsequent offense. Ninety days if the person 17 has had a previous revocation under this chapter . 18 Sec. 11. Section 321J.17, subsection 1, Code 2014, is 19 amended to read as follows: 20 1. If the department revokes a person’s driver’s license 21 or nonresident operating privilege under this chapter , the 22 department shall assess the person a civil penalty of two 23 hundred dollars. The money collected by the department under 24 this section shall be transmitted to the treasurer of state 25 who shall deposit one-half of the money in the separate fund 26 established in section 915.94 and one-half of the money in the 27 general fund of the state. A temporary restricted license 28 shall not be issued unless an ignition interlock device has 29 been installed pursuant to section 321J.4 . Except as provided 30 in section 321.210B , a temporary restricted license shall 31 not be issued or a driver’s license or nonresident operating 32 privilege reinstated until the civil penalty has been paid. 33 A person assessed a penalty under this section may remit the 34 civil penalty along with a processing fee of five dollars to a 35 -5- SF 2299 (3) 85 rh/nh/jh 5/ 13

S.F. 2299 county treasurer authorized to issue driver’s licenses under 1 chapter 321M , or the civil penalty may be paid directly to the 2 department. 3 Sec. 12. Section 321J.17, subsection 3, Code 2014, is 4 amended to read as follows: 5 3. a. The department shall also require certification of 6 installation of an ignition interlock device of a type approved 7 by the commissioner of public safety on all motor vehicles 8 owned or operated by any person seeking reinstatement following 9 a second or subsequent revocation under section 321J.4 , 321J.9 , 10 or 321J.12 . The Unless a longer period of time is required by 11 statute, the requirement for the installation of an approved 12 ignition interlock device shall be for one year from the date 13 of reinstatement unless a longer time period is required by 14 statute. The one-year period a person is required to maintain 15 an ignition interlock device under this subsection shall be 16 reduced by any period of time the person held a valid temporary 17 restricted license during the revocation for the occurrence 18 from which the arrest arose. The person shall not operate any 19 motor vehicle which is not equipped with an approved ignition 20 interlock device during the period in which an ignition 21 interlock device must be maintained, and the department 22 shall not grant reinstatement unless the person certifies 23 installation of an ignition interlock device as required in 24 this subsection . the following periods of time: 25 (1) First offense. At least six months from the date of 26 reinstatement if the person has had no previous revocation 27 under this chapter, if any of the following apply: 28 (a) The person submitted to testing and had an alcohol 29 concentration of .08 or more but not more than .15 and an 30 accident resulting in personal injury or property damage 31 occurred. 32 (b) The person submitted to testing and had an alcohol 33 concentration of .15 or more. 34 (c) The person refused to consent to testing in accordance 35 -6- SF 2299 (3) 85 rh/nh/jh 6/ 13

S.F. 2299 with section 321J.6. 1 (2) Second or subsequent offense. At least one year from 2 the date of reinstatement if the person has had a previous 3 revocation under this chapter. 4 (3) Offense involving a death. At least one year from the 5 date of reinstatement if the person is seeking reinstatement 6 following a revocation under section 321J.4, subsection 1, 7 paragraph “e” , for an offense involving a death, regardless of 8 whether the person has had a previous revocation under this 9 chapter. 10 b. The period a person is required to maintain an ignition 11 interlock device under this subsection shall be reduced by any 12 period of time the person held a valid temporary restricted 13 license during the revocation for the occurrence from which 14 the arrest arose, subject to any additional time required 15 pursuant to subsection 4. The person shall not operate any 16 motor vehicle which is not equipped with an approved ignition 17 interlock device during the period in which an ignition 18 interlock device must be maintained, and the department 19 shall not grant reinstatement unless the person certifies 20 installation of an ignition interlock device as required in 21 this subsection. 22 Sec. 13. Section 321J.17, Code 2014, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 4. a. The department shall adopt rules 25 pursuant to chapter 17A requiring a provider of an approved 26 ignition interlock device to submit electronic reports to the 27 department regarding the installation, maintenance, and use 28 of an approved ignition interlock device of a type approved 29 by the commissioner of public safety on all motor vehicles 30 owned or operated by the person seeking reinstatement including 31 instances of tampering, circumvention, or removal of the 32 ignition interlock device. The reports shall include but not 33 be limited to results indicating that the ignition interlock 34 device had detected a level of alcohol concentration beyond 35 -7- SF 2299 (3) 85 rh/nh/jh 7/ 13

S.F. 2299 which the ignition interlock device will not allow operation of 1 the motor vehicle in which it is installed. 2 b. Notwithstanding the provisions of subsection 3, a person 3 seeking reinstatement following a revocation under section 4 321J.4, 321J.9, or 321J.12 shall install and maintain an 5 approved ignition interlock device of a type approved by the 6 commissioner of public safety on all motor vehicles owned or 7 operated by the person seeking reinstatement until the results 8 reported to the department pursuant to paragraph “a” indicate 9 all of the following: 10 (1) The person has adequately maintained and used any 11 required ignition interlock device. 12 (2) For the three-month period immediately preceding the 13 person’s application to remove the ignition interlock device 14 or to remove any ignition interlock device restriction on the 15 person’s driver’s license, the person has not had an event in 16 which the ignition interlock device detected a level of alcohol 17 concentration beyond which the ignition interlock device would 18 not allow the operation of the motor vehicle in which it is 19 installed. 20 c. The time periods in subsection 3 shall be extended 21 indefinitely until the person completes at least a three-month 22 period free from events in which a required ignition interlock 23 device detected a level of alcohol concentration beyond which 24 the ignition interlock device would not allow the operation of 25 the motor vehicle in which it is installed. 26 d. For purposes of paragraphs “b” and “c” , an 27 “event” means an attempt to start a motor vehicle in which 28 an ignition interlock device is installed with a breath 29 alcohol concentration of .04 or above three times within a 30 fifteen-minute period. 31 Sec. 14. NEW SECTION . 321J.17A Ignition interlock device 32 providers —— low-income rate costs. 33 An approved ignition interlock device provider shall not 34 charge more than two hundred fifty dollars for costs associated 35 -8- SF 2299 (3) 85 rh/nh/jh 8/ 13

S.F. 2299 with the installation, maintenance, and removal of an approved 1 ignition interlock device for a six-month period to any of the 2 following persons: 3 1. A person with an income equal to or less than one hundred 4 fifty percent of the federal poverty level. 5 2. A person who qualifies for programs supporting 6 low-income persons including but not limited to the medical 7 assistance program, the Iowa health and wellness plan, 8 the federal food assistance programs, and any other state 9 or federal benefit assistance program administered by the 10 department of human services. 11 Sec. 15. Section 321J.20, Code 2014, is amended to read as 12 follows: 13 321J.20 Temporary restricted license —— ignition interlock 14 devices. 15 1. a. The department may, on application, issue a temporary 16 restricted license to a person whose noncommercial driver’s 17 license is revoked under this chapter allowing the person to 18 drive to and from the person’s home and specified places at 19 specified times which can be verified by the department and 20 which are required by the person’s full-time or part-time 21 employment, continuing health care or the continuing health 22 care of another who is dependent upon the person, continuing 23 education while enrolled in an educational institution on a 24 part-time or full-time basis and while pursuing a course of 25 study leading to a diploma, degree, or other certification of 26 successful educational completion, substance abuse treatment, 27 court-ordered community service responsibilities, and 28 appointments with the person’s parole or probation officer if 29 the person’s driver’s license has not been revoked previously 30 under section 321J.4 , 321J.9 , or 321J.12 and for any lawful 31 purpose if any of the following apply: 32 (1) The person’s noncommercial driver’s license is revoked 33 under section 321J.4 and the minimum period of ineligibility 34 for issuance of a temporary restricted license has expired. 35 -9- SF 2299 (3) 85 rh/nh/jh 9/ 13

S.F. 2299 This subsection shall not apply to a revocation ordered under 1 section 321J.4 resulting from a plea or verdict of guilty of a 2 violation of section 321J.2 that involved a death except for a 3 revocation under section 321J.4, subsection 1, paragraph “c” 4 or “e” . 5 (2) The person’s noncommercial driver’s license is revoked 6 under section 321J.9 and the person has entered a plea of 7 guilty on a charge of a violation of section 321J.2 which 8 arose from the same set of circumstances which resulted in 9 the person’s driver’s license revocation under section 321J.9 10 and the guilty plea is not withdrawn at the time of or after 11 application for the temporary restricted license, and the 12 minimum period of ineligibility for issuance of a temporary 13 restricted license has expired . 14 (3) The person’s noncommercial driver’s license is revoked 15 under section 321J.12 , and the minimum period of ineligibility 16 for issuance of a temporary restricted license has expired . 17 b. A temporary restricted license may be issued under this 18 subsection if the person’s noncommercial driver’s license is 19 revoked for two years under section 321J.4, subsection 2 , or 20 section 321J.9, subsection 1 , paragraph “b” , and the first three 21 hundred sixty-five days of the revocation have expired. 22 c. b. This subsection does not apply to a person whose 23 license was revoked under section 321J.2A or section 321J.4, 24 subsection 4 or 6 , or to a person whose license is suspended or 25 revoked for another reason. 26 d. Following the applicable minimum period of ineligibility, 27 a temporary restricted license under this subsection shall 28 not be issued until the applicant installs an ignition 29 interlock device of a type approved by the commissioner of 30 public safety on all motor vehicles owned or operated by the 31 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 32 or 321J.12 . Installation of an ignition interlock device 33 under this subsection shall be required for the period of time 34 for which the temporary restricted license is issued and for 35 -10- SF 2299 (3) 85 rh/nh/jh 10/ 13

S.F. 2299 such additional period of time following reinstatement as is 1 required under section 321J.17, subsection 3 . 2 2. a. Notwithstanding section 321.560 , the department may, 3 on application, and upon the expiration of the minimum period 4 of ineligibility for a temporary restricted license provided 5 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 6 temporary restricted license to a person whose noncommercial 7 driver’s license has either been revoked under this chapter , or 8 revoked or suspended under chapter 321 solely for violations 9 of this chapter , or who has been determined to be a habitual 10 offender under chapter 321 based solely on violations of 11 this chapter or on violations listed in section 321.560, 12 subsection 1 , paragraph “b” , and who is not eligible for a 13 temporary restricted license under subsection 1 . However, 14 the department may not issue a temporary restricted license 15 under this subsection for a violation of section 321J.2A or 16 to a person under the age of twenty-one whose license is 17 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 18 restricted license issued under this subsection may allow the 19 person to drive to and from the person’s home and specified 20 places at specified times which can be verified by the 21 department and which are required by the person’s full-time or 22 part-time employment; continuing education while enrolled in an 23 educational institution on a part-time or full-time basis and 24 while pursuing a course of study leading to a diploma, degree, 25 or other certification of successful educational completion; 26 or substance abuse treatment. 27 3. The department shall not issue a temporary restricted 28 license under this section until any applicable minimum 29 period of ineligibility for a temporary restricted license has 30 expired. If the applicant is under the age of twenty-one, the 31 applicant shall not be eligible for a temporary restricted 32 license for at least sixty days after the effective date of 33 revocation or suspension. 34 b. 4. A The department shall not issue a temporary 35 -11- SF 2299 (3) 85 rh/nh/jh 11/ 13

S.F. 2299 restricted license issued under this subsection shall 1 not be issued section until the applicant installs an 2 approved ignition interlock device of a type approved by the 3 commissioner of public safety on all motor vehicles owned 4 or operated by the applicant. Installation of an ignition 5 interlock device under this subsection section shall be 6 required for the period of time for which the temporary 7 restricted license is issued, and for such additional period 8 of time following reinstatement as is required under section 9 321J.17, subsection subsections 3 and 4 . However, a person 10 whose driver’s license or nonresident operating privilege has 11 been revoked under section 321J.21 may apply to the department 12 for a temporary restricted license without the requirement of 13 an ignition interlock device if at least twelve years have 14 elapsed since the end of the underlying revocation period for 15 a violation of section 321J.2 . 16 3. 5. If a person required to install an ignition interlock 17 device operates a motor vehicle which does not have an approved 18 ignition interlock device or if the person tampers with or 19 circumvents an ignition interlock device, in addition to other 20 penalties provided, the person’s temporary restricted license 21 shall be revoked. 22 4. 6. A person holding a temporary restricted license 23 issued by the department under this section subsection 2 shall 24 not operate a motor vehicle for pleasure. 25 5. 7. A person holding a temporary restricted license 26 issued by the department under this section shall not operate 27 a commercial motor vehicle on a highway if a commercial 28 driver’s license is required for the person’s operation of the 29 commercial motor vehicle. 30 6. 8. A person holding a temporary license issued by the 31 department under this chapter section shall be prohibited from 32 operating not operate a school bus. 33 7. 9. Notwithstanding any provision of this chapter to 34 the contrary, the department may issue a temporary restricted 35 -12- SF 2299 (3) 85 rh/nh/jh 12/ 13

S.F. 2299 license to a person otherwise eligible for a temporary 1 restricted license under this section , whose period of 2 revocation under this chapter has expired, but who has not met 3 all requirements for reinstatement of the person’s driver’s 4 license or nonresident operating privileges. 5 8. 10. A person who tampers with or circumvents an ignition 6 interlock device installed as required in this chapter and 7 while the requirement for the ignition interlock device is in 8 effect commits a serious misdemeanor. 9 Sec. 16. APPLICABILITY. The provision of this Act enacting 10 section 321J.17, subsection 3, paragraph “a”, subparagraph (1), 11 applies to violations committed on or after July 1, 2014. 12 -13- SF 2299 (3) 85 rh/nh/jh 13/ 13