Text: SSB02172 Text: SSB02174 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.4, subsection 8, Code Supplement 1 2 1997, is amended to read as follows: 1 3 8. a. (1) On a conviction for or as a condition ofa1 4deferred judgment forprobation or parole associated with a 1 5 violation of section 321J.2, the courtmayshall order the 1 6 defendant to install ignition interlock devices of a type 1 7 approved by the commissioner of public safety on all motor 1 8 vehicles owned or operated by the defendant which, without 1 9 tampering or the intervention of another person, would prevent 1 10 the defendant from operating the motor vehicle with an alcohol 1 11 concentration greater than a level set by rule of the 1 12 commissioner of public safety. 1 13 (2) Prior to completion of the mandatory minimum sentence 1 14 imposed pursuant to section 321J.2, the defendant may enter 1 15 into an agreement with the court stating all of the following: 1 16 (a) That the defendant will install an ignition interlock 1 17 device of a type approved by the commissioner of public safety 1 18 in all motor vehicles owned or operated by the defendant, if 1 19 such devices are not already installed. The defendant shall 1 20 provide proof of installation of such devices when applying 1 21 for a temporary restricted license. 1 22 (b) That, unless and until the defendant has obtained a 1 23 temporary restricted license, the defendant will not drive a 1 24 motor vehicle. After obtaining a temporary restricted 1 25 license, the defendant will not drive, except in accordance 1 26 with the terms of the temporary restricted license, and only 1 27 in a motor vehicle in which an ignition interlock device has 1 28 been installed. 1 29 (3) If the defendant signs such an agreement, and provides 1 30 proof to the court that such devices have been installed as 1 31 agreed, the court shall reduce a fine imposed under section 1 32 321J.2, subsection 2, by five hundred dollars. 1 33 (4) If the defendant violates any provision of the 1 34 agreement entered into under this subparagraph, the court 1 35 shall hold the defendant in criminal contempt and impose a 2 1 jail sentence; shall order that the department revoke any 2 2 temporary restricted license and not issue another to the 2 3 defendant during the period of the defendant's suspension, 2 4 denial, revocation, or bar of motor vehicle operating 2 5 privileges under this chapter; and shall find that the 2 6 defendant has violated the conditions of any probation or 2 7 parole, if applicable. 2 8 b. The commissioner of public safety shall adopt rules to 2 9 approve certain ignition interlock devices and the means of 2 10 installation of the devices, and shall establish the level of 2 11 alcohol concentration beyond which an ignition interlock 2 12 device will not allow operation of the motor vehicle in which 2 13 it is installed. 2 14 c. (1) The order to install ignition interlock devices 2 15 shall remain in effect for a period of time as determined by 2 16 the courtwhich shall not exceed the maximum term of2 17imprisonment which the court could have imposed according to2 18the nature of the violation, which may extend through any of 2 19 the following time periods: 2 20 (a) The period of the defendant's temporary restricted 2 21 license, following the minimum period of ineligibility imposed 2 22 under this chapter. 2 23 (b) The time period of the defendant's suspension, 2 24 revocation, denial, or bar of motor vehicle operating 2 25 privileges for any violation of this chapter. 2 26 (c) Any term of probation ordered by the court for a 2 27 violation of this chapter, or during any term of parole 2 28 ordered by the board of parole after serving a sentence for a 2 29 violation of this chapter. 2 30 (2) While the order is in effect, the defendant shall not 2 31 operate a motor vehicle which does not have an approved 2 32 ignition interlock device installed. 2 33 d. If the defendant's motor vehicle license or nonresident 2 34 operating privilege has been revoked, the department shall not 2 35 issue a temporary permit or a motor vehicle license to the 3 1 person without certification that approved ignition interlock 3 2 devices have been installed in all motor vehicles owned or 3 3 operated by the defendant while the order is in effect. 3 4 e. A defendant who fails within a reasonable time to 3 5 comply with an order to install an approved ignition interlock 3 6 device may be declared in contempt of court and punished 3 7 accordingly. 3 8 f. A person who tampers with or circumvents an ignition 3 9 interlock device installed under a court order while an order 3 10 is in effect commits a serious misdemeanor. 3 11 g. A defendant shall submit proof of deinstallation of 3 12 ignition interlock devices installed on all motor vehicles 3 13 owned or operated by the defendant as a precondition to 3 14 reinstatement of the defendant's license. 3 15 Sec. 2. Section 321J.17, subsection 2, unnumbered 3 16 paragraph 3, Code Supplement 1997, is amended to read as 3 17 follows: 3 18 3. If the person has installed ignition interlock devices 3 19 on motor vehicles owned or operated by the person, the person 3 20 shall submit to the department proof of deinstallation of all 3 21 ignition interlock devices installed pursuant to section 3 22 321J.4 prior to reinstatement of motor vehicle operating 3 23 privileges by the department. 3 24 4. A motor vehicle license or nonresident operating 3 25 privilege shall not be reinstated until proof of completion of 3 26 the requirements of thissubsectionsection is presented to 3 27 the department. 3 28 Sec. 3. Section 321J.21, Code Supplement 1997, is amended 3 29 to read as follows: 3 30 321J.21 DRIVING WHILE LICENSE SUSPENDED, DENIED, REVOKED, 3 31 OR BARRED. 3 32 1. A person whose motor vehicle license or nonresident 3 33 operating privilege has been suspended, denied, revoked, or 3 34 barred due to a violation of this chapter and who drives a 3 35 motor vehicle while the license or privilege is suspended, 4 1 denied, revoked, or barred commits the following offenses: 4 2 a. For a first offense, a serious misdemeanor, punishable 4 3 with amandatoryfine of one thousand dollars. 4 4 b. For a second offense, a serious misdemeanor, punishable 4 5 with a fine of one thousand five hundred dollars and a 4 6 mandatory minimum sentence of imprisonment in the county jail 4 7 for not less than forty-eight hours, judgment on which shall 4 8 not be deferred, and which minimum sentence for imprisonment 4 9 shall not be suspended or deferred, notwithstanding the 4 10 provisions of sections 901.5 and 907.3. 4 11 c. For a third or subsequent offense, an aggravated 4 12 misdemeanor, punishable with a fine of two thousand dollars, 4 13 and a mandatory minimum sentence of imprisonment in the county 4 14 jail or community-based correctional facility of not less than 4 15 seven days, judgment on which shall not be deferred, and which 4 16 minimum sentence for imprisonment shall not be suspended or 4 17 deferred, notwithstanding the provisions of sections 901.5 and 4 18 907.3. 4 19 2. In addition to the fine and any mandatory minimum 4 20 sentence of imprisonment, the department, upon receiving the 4 21 record of the conviction of a person under this section upon a 4 22 charge of driving a motor vehicle while the license of the 4 23 person was suspended, denied, revoked, or barred shall extend 4 24 the period of suspension, denial, revocation, or bar for an 4 25 additional like period, and the department shall not issue a 4 26 new license during the additional period. 4 27 Sec. 4. Section 907.3, subsection 1, Code Supplement 1997, 4 28 is amended by adding the following new paragraph: 4 29 NEW PARAGRAPH. k. The offense is a violation of section 4 30 321J.21. 4 31 Sec. 5. Section 907.3, subsection 2, Code Supplement 1997, 4 32 is amended by adding the following new paragraph: 4 33 NEW PARAGRAPH. e. A mandatory minimum sentence imposed 4 34 under section 321J.21. 4 35 Sec. 6. Section 907.3, subsection 3, Code Supplement 1997, 5 1 is amended by adding the following new paragraph: 5 2 NEW PARAGRAPH. e. A mandatory minimum sentence imposed 5 3 under section 321J.21. 5 4 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 5 3, shall not apply to this Act. 5 6 EXPLANATION 5 7 This bill amends the Code sections regarding the use of 5 8 ignition interlock devices and punishment for driving while a 5 9 license is suspended, denied, revoked, or barred for an 5 10 operating while intoxicated (OWI) violation. 5 11 The bill requires all persons convicted of, or placed on 5 12 probation or parole in connection with, an OWI offense to 5 13 install an ignition interlock device. The court may set the 5 14 duration of the installation according to the period of the 5 15 defendant's temporary restricted license; the time of the 5 16 defendant's suspension, denial, revocation, or bar of motor 5 17 vehicle operating privileges for violations of Code chapter 5 18 321J; or for the duration of any term of parole or probation 5 19 arising from a violation of Code chapter 321J. 5 20 Prior to completion of the mandatory minimum sentence 5 21 imposed under Code section 321J.2, the defendant may execute 5 22 an agreement with the court that promises that the defendant 5 23 will install an interlock device on all vehicles owned or 5 24 possessed by the defendant, will provide proof of installation 5 25 of the interlock device when applying for a temporary 5 26 restricted license following the minimum period of 5 27 ineligibility under the Code chapter, will not drive without a 5 28 temporary restricted license, will abide by the conditions of 5 29 the temporary restricted license, and will only drive vehicles 5 30 equipped with an interlock device when using the temporary 5 31 restricted license. Agreement to these conditions will result 5 32 in a $500 reduction in the fine imposed under Code section 5 33 321J.2. Violation of any of the conditions will result in a 5 34 finding of contempt of court and a jail sentence; a revocation 5 35 of any temporary restricted license and a bar against issuance 6 1 of a temporary restricted license during the period of 6 2 suspension, denial, revocation, or bar of motor vehicle 6 3 operating privileges under Code chapter 321J; and, if 6 4 applicable, a finding that the defendant has violated the 6 5 conditions of probation or parole. 6 6 The defendant shall submit proof of deinstallation of the 6 7 interlock device prior to reinstatement of the defendant's 6 8 driver's license following the period of suspension, denial, 6 9 revocation, or bar of operating privileges under Code chapter 6 10 321J. A corresponding amendment is made to Code section 6 11 321J.17 to require such proof as a prerequisite to license 6 12 reinstatement. 6 13 Code section 321J.21 is amended to create a graduated 6 14 punishment scheme for driving while a license is suspended, 6 15 denied, revoked, or barred for an OWI violation. A first 6 16 offense is punishable by a current $1,000 fine. For a second 6 17 offense, the fine is $1,500, plus the requirement that the 6 18 court impose a mandatory minimum sentence of imprisonment of 6 19 48 hours in the county jail. A third offense is punishable by 6 20 a fine of $2,000, and a mandatory minimum sentence of seven 6 21 days. 6 22 This bill may include a state mandate as defined in Code 6 23 section 25B.3. This bill makes inapplicable Code section 6 24 25B.2, subsection 3, which would relieve a political 6 25 subdivision from complying with a state mandate if funding for 6 26 the cost of the state mandate is not provided or specified. 6 27 Therefore, political subdivisions are required to comply with 6 28 any state mandate included in this bill. 6 29 LSB 4199XC 77 6 30 jls/cf/24
Text: SSB02172 Text: SSB02174 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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