SF 2299 (LSB 5315SV (3) 85)

SENATE FILE 2299

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 2103)

(As Amended and Passed by the Senate 2014-03-11)

A BILL FOR

An Act relating to Iowa’s operating-while-intoxicated law and license revocations, temporary restricted licenses, and ignition interlock devices, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.2, subsection 3, paragraph c, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Assessment of a fine of one thousand two hundred fifty dollars. However, in the discretion of the court, if no personal or property injury has resulted from the defendant’s actions, the court may shall waive up to six hundred twenty-five dollars of the fine when the defendant presents to the court at the end of the minimum period of ineligibility a temporary restricted license issued pursuant to section 321J.20.
    Sec. 2.  Section 321J.2, subsection 3, paragraph d, Code 2014, is amended by striking the paragraph.
    Sec. 3.  Section 321J.2, subsection 4, paragraph c, Code 2014, is amended by striking the paragraph.
    Sec. 4.  Section 321J.2, subsection 5, paragraph c, Code 2014, is amended by striking the paragraph.
    Sec. 5.  Section 321J.4, Code 2014, is amended by striking the section and inserting in lieu thereof the following:
   321J.4  Revocation of license —— ignition interlock devices —— conditional temporary restricted license.
   1.  Revocation.  If a defendant is convicted of a violation of section 321J.2, the defendant’s driver’s license or nonresident operating privileges shall be revoked as follows:
   a.  First offense.  If the defendant has had no previous conviction or revocation under this chapter and the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident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 the following periods of time:
   (1)  Test result.  One hundred eighty days if the defendant submitted to chemical testing.
   (2)  Refusal to submit.  One year if the defendant refused to submit to chemical testing.
   b.  Second offense.  If the defendant has had a previous conviction or revocation under this chapter and the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident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 the following periods of time:
   (1)  Test result.  One year if the defendant submitted to chemical testing.
   (2)  Refusal to submit.  Two years if the defendant refused to submit to chemical testing.
   c.  Third or subsequent offense.  Upon a plea or verdict of guilty of a third or subsequent violation of section 321J.2, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years. The defendant shall not be eligible for a temporary restricted license for one year after the effective date of the revocation.
   d.  Offense involving personal injury.  Upon a plea or verdict of guilty of a violation of section 321J.2 which involved a personal injury, the court shall determine in open court, from consideration of the information in the file and any other evidence the parties may submit, whether a serious injury was sustained by any person other than the defendant and, if so, whether the defendant’s conduct in violation of section 321J.2 caused the serious injury. If the court so determines, the court shall order the department to revoke the defendant’s driver’s license or nonresident operating privilege for a period of one year in addition to any other period of suspension or revocation. The defendant shall surrender to the court any Iowa license or permit and the court shall forward it to the department with a copy of the order for revocation.
   e.  Offense involving a death.  Upon a plea or verdict of guilty of a violation of section 321J.2 which involved a death, the court shall determine in open court, from consideration of the information in the file and any other evidence the parties may submit, whether a death occurred and, if so, whether the defendant’s conduct in violation of section 321J.2 caused the death. If the court so determines, the court shall order the department to revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years. The defendant shall not be eligible for any temporary restricted license for at least two years after the revocation. The defendant shall surrender to the court any Iowa license or permit and the court shall forward it to the department with a copy of the order for revocation.
   2.  Revocation or denial period.  If a license or permit to operate a motor vehicle is revoked or denied under this section or section 321J.9 or 321J.12, the period of revocation or denial shall be the period provided for such a revocation or until the defendant reaches the age of eighteen whichever period is longer.
   3.  Ignition interlock device.
   a.  Upon 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.
   b.  The commissioner of public safety shall adopt rules to approve certain ignition interlock devices and the means of installation of the devices, and shall establish the level of alcohol concentration beyond which an ignition interlock device will not allow operation of the motor vehicle in which it is installed.
   c.  The order to install ignition interlock devices shall remain in effect for a period of time as determined by the court which shall not exceed the maximum term of imprisonment which the court could have imposed according to the nature of the violation. While the order is in effect, the defendant shall not operate a motor vehicle which does not have an approved ignition interlock device installed. This may be in addition to any period of time the defendant is required to install and maintain an approved ignition interlock device under section 321J.17 or 321J.20.
   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 all motor vehicles owned or operated by the defendant while the order is in effect.
   e.  A defendant who fails within a reasonable time to comply with an order to install an approved ignition interlock device may be declared in contempt of court and punished accordingly.
   f.  A person who tampers with or circumvents an ignition interlock device installed under a court order while an order is in effect commits a serious misdemeanor.
    Sec. 6.  Section 321J.9, subsection 1, paragraphs a and b, Code 2014, are amended to read as follows:
   a.First offense.  One year if the person has no previous revocation under this chapter; and.
   b.Second or subsequent offense.  Two years if the person has had a previous revocation under this chapter.
    Sec. 7.  Section 321J.9, subsection 2, Code 2014, is amended by striking the subsection.
    Sec. 8.  Section 321J.12, subsection 1, paragraphs a and b, Code 2014, are amended to read as follows:
   a.First offense.  One hundred eighty days if the person has had no previous revocation under this chapter.
   b.Second or subsequent offense.  One year if the person has had a previous revocation under this chapter.
    Sec. 9.  Section 321J.12, subsection 2, Code 2014, is amended by striking the subsection.
    Sec. 10.  Section 321J.12, subsection 5, Code 2014, is amended to read as follows:
   5.  Upon certification, subject to penalty of perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2A, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1, and that the person submitted to chemical testing and the test results indicated an alcohol concentration of .02 or more but less than .08, the department shall revoke the person’s driver’s license or operating privilege for a period of sixty the following periods of time:
   a.  First offense.  Sixty days if the person has had no previous revocation under this chapter, and for a period of ninety.
   b.  Second or subsequent offense.  Ninety days if the person has had a previous revocation under this chapter.
    Sec. 11.  Section 321J.17, subsection 1, Code 2014, is amended to read as follows:
   1.  If the department revokes a person’s driver’s license or nonresident operating privilege under this chapter, the department shall assess the person a civil penalty of two hundred dollars. The money collected by the department under this section shall be transmitted to the treasurer of state who shall deposit one-half of the money in the separate fund established in section 915.94 and one-half of the money in the general fund of the state. A temporary restricted license shall not be issued unless an ignition interlock device has been installed pursuant to section 321J.4. Except as provided in section 321.210B, a temporary restricted license shall not be issued or a driver’s license or nonresident operating privilege reinstated until the civil penalty has been paid. A person assessed a penalty under this section may remit the civil penalty along with a processing fee of five dollars to a county treasurer authorized to issue driver’s licenses under chapter 321M, or the civil penalty may be paid directly to the department.
    Sec. 12.  Section 321J.17, subsection 3, Code 2014, is amended to read as follows:
   3.  a.  The department shall also require certification of installation of an ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by any person seeking reinstatement following a second or subsequent revocation under section 321J.4, 321J.9, or 321J.12. The Unless a longer period of time is required by statute, the requirement for the installation of an approved ignition interlock device shall be for one year from the date of reinstatement unless a longer time period is required by statute. The one-year period a person is required to maintain an ignition interlock device under this subsection shall be reduced by any period of time the person held a valid temporary restricted license during the revocation for the occurrence from which the arrest arose. The person shall not operate any motor vehicle which is not equipped with an approved ignition interlock device during the period in which an ignition interlock device must be maintained, and the department shall not grant reinstatement unless the person certifies installation of an ignition interlock device as required in this subsection. the following periods of time:
   (1)  First offense.  At least six months from the date of reinstatement if the person has had no previous revocation under this chapter, if any of the following apply:
   (a)  The person submitted to testing and had an alcohol concentration of .08 or more but not more than .15 and an accident resulting in personal injury or property damage occurred.
   (b)  The person submitted to testing and had an alcohol concentration of .15 or more.
   (c)  The person refused to consent to testing in accordance with section 321J.6.
   (2)  Second or subsequent offense.  At least one year from the date of reinstatement if the person has had a previous revocation under this chapter.
   (3)  Offense involving a death.  At least one year from the date of reinstatement if the person is seeking reinstatement following a revocation under section 321J.4, subsection 1, paragraph “e”, for an offense involving a death, regardless of whether the person has had a previous revocation under this chapter.
   b.  The period a person is required to maintain an ignition interlock device under this subsection shall be reduced by any period of time the person held a valid temporary restricted license during the revocation for the occurrence from which the arrest arose, subject to any additional time required pursuant to subsection 4. The person shall not operate any motor vehicle which is not equipped with an approved ignition interlock device during the period in which an ignition interlock device must be maintained, and the department shall not grant reinstatement unless the person certifies installation of an ignition interlock device as required in this subsection.
    Sec. 13.  Section 321J.17, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  The department shall adopt rules pursuant to chapter 17A requiring a provider of an approved ignition interlock device to submit electronic reports to the department regarding the installation, maintenance, and use of an approved ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the person seeking reinstatement including instances of tampering, circumvention, or removal of the ignition interlock device. The reports shall include but not be limited to results indicating that the ignition interlock device had detected a level of alcohol concentration beyond which the ignition interlock device will not allow operation of the motor vehicle in which it is installed.
   b.  Notwithstanding the provisions of subsection 3, a person seeking reinstatement following a revocation under section 321J.4, 321J.9, or 321J.12 shall install and maintain an approved ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the person seeking reinstatement until the results reported to the department pursuant to paragraph “a” indicate all of the following:
   (1)  The person has adequately maintained and used any required ignition interlock device.
   (2)  For the three-month period immediately preceding the person’s application to remove the ignition interlock device or to remove any ignition interlock device restriction on the person’s driver’s license, the person has not had an event in which the ignition interlock device detected a level of alcohol concentration beyond which the ignition interlock device would not allow the operation of the motor vehicle in which it is installed.
   c.  The time periods in subsection 3 shall be extended indefinitely until the person completes at least a three-month period free from events in which a required ignition interlock device detected a level of alcohol concentration beyond which the ignition interlock device would not allow the operation of the motor vehicle in which it is installed.
   d.  For purposes of paragraphs “b” and “c”, an “event”means an attempt to start a motor vehicle in which an ignition interlock device is installed with a breath alcohol concentration of .04 or above three times within a fifteen-minute period.
    Sec. 14.  NEW SECTION.  321J.17A  Ignition interlock device providers —— low-income rate costs.

   An approved ignition interlock device provider shall not charge more than two hundred fifty dollars for costs associated with the installation, maintenance, and removal of an approved ignition interlock device for a six-month period to any of the following persons: 

   1.  A person with an income equal to or less than one hundred fifty percent of the federal poverty level.
   2.  A person who qualifies for programs supporting low-income persons including but not limited to the medical assistance program, the Iowa health and wellness plan, the federal food assistance programs, and any other state or federal benefit assistance program administered by the department of human services.
    Sec. 15.  Section 321J.20, Code 2014, is amended to read as follows:
   321J.20  Temporary restricted license —— ignition interlock devices.
   1.  a.  The department may, on application, issue a temporary restricted license to a person whose noncommercial driver’s license is revoked under this chapter allowing the person to drive to and from the person’s home and specified places at specified times which can be verified by the department and which are required by the person’s full-time or part-time employment, continuing health care or the continuing health care of another who is dependent upon the person, continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion, substance abuse treatment, court-ordered community service responsibilities, and appointments with the person’s parole or probation officer if the person’s driver’s license has not been revoked previously under section 321J.4, 321J.9, or 321J.12 and for any lawful purpose if any of the following apply:
   (1)  The person’s noncommercial driver’s license is revoked under section 321J.4and the minimum period of ineligibility for issuance of a temporary restricted license has expired. This subsection shall not apply to a revocation ordered under section 321J.4 resulting from a plea or verdict of guilty of a violation of section 321J.2 that involved a death except for a revocation under section 321J.4, subsection 1, paragraph “c” or “e”.
   (2)  The person’s noncommercial driver’s license is revoked under section 321J.9 and the person has entered a plea of guilty on a charge of a violation of section 321J.2 which arose from the same set of circumstances which resulted in the person’s driver’s license revocation under section 321J.9 and the guilty plea is not withdrawn at the time of or after application for the temporary restricted license, and the minimum period of ineligibility for issuance of a temporary restricted license has expired.
   (3)  The person’s noncommercial driver’s license is revoked under section 321J.12, and the minimum period of ineligibility for issuance of a temporary restricted license has expired.
   b.   A temporary restricted license may be issued under this subsection if the person’s noncommercial driver’s license is revoked for two years under section 321J.4, subsection 2, or section 321J.9, subsection 1, paragraph “b”, and the first three hundred sixty-five days of the revocation have expired.
   c.  b.  This subsection does not apply to a person whose license was revoked under section 321J.2Aor section 321J.4, subsection 4 or 6, or to a person whose license is suspended or revoked for another reason.
   d.  Following the applicable minimum period of ineligibility, a temporary restricted license under this subsection shall not be issued until the applicant installs an ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the applicant in accordance with section 321J.2, 321J.4, 321J.9, or 321J.12. Installation of an ignition interlock device under this subsection 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.
   2.  a.  Notwithstanding section 321.560, the department may, on application, and upon the expiration of the minimum period of ineligibility for a temporary restricted license provided for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a temporary restricted license to a person whose noncommercial driver’s license has either been revoked under this chapter, or revoked or suspended under chapter 321 solely for violations of this chapter, or who has been determined to be a habitual offender under chapter 321 based solely on violations of this chapter or on violations listed in section 321.560, subsection 1, paragraph “b”, and who is not eligible for a temporary restricted license under subsection 1. However, the department may not issue a temporary restricted license under this subsection for a violation of section 321J.2Aor to a person under the age of twenty-one whose license is revoked under section 321J.4, 321J.9, or 321J.12. A temporary restricted license issued under this subsection may allow the person to drive to and from the person’s home and specified places at specified times which can be verified by the department and which are required by the person’s full-time or part-time employment; continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion; or substance abuse treatment.
   3.  The department shall not issue a temporary restricted license under this section until any applicable minimum period of ineligibility for a temporary restricted license has expired. If the applicant is under the age of twenty-one, the applicant shall not be eligible for a temporary restricted license for at least sixty days after the effective date of revocation or suspension.
   b.  4.  A The department shall not issue a temporary restricted license issued under this subsection shall not be issued section until the applicant installs an approved ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the applicant. Installation of an ignition interlock device under this subsection 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 subsections 3 and 4. 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.
   3.  5.  If a person required to install an ignition interlock device operates a motor vehicle which does not have an approved ignition interlock device or if the person tampers with or circumvents an ignition interlock device, in addition to other penalties provided, the person’s temporary restricted license shall be revoked.
   4.  6.  A person holding a temporary restricted license issued by the department under this section subsection 2 shall not operate a motor vehicle for pleasure.
   5.  7.  A person holding a temporary restricted license issued by the department under this section shall not operate a commercial motor vehicle on a highway if a commercial driver’s license is required for the person’s operation of the commercial motor vehicle.
   6.  8.  A person holding a temporary license issued by the department under this chapter section shall be prohibited from operating not operate a school bus.
   7.  9.  Notwithstanding any provision of this chapter to the contrary, the department may issue a temporary restricted license to a person otherwise eligible for a temporary restricted license under this section, whose period of revocation under this chapter has expired, but who has not met all requirements for reinstatement of the person’s driver’s license or nonresident operating privileges.
   8.  10.  A person who tampers with or circumvents an ignition interlock device installed as required in this chapter and while the requirement for the ignition interlock device is in effect commits a serious misdemeanor.
    Sec. 16.  APPLICABILITY.  The provision of this Act enacting section 321J.17, subsection 3, paragraph “a”, subparagraph (1), applies to violations committed on or after July 1, 2014.