Text: SSB03147                          Text: SSB03149
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3148

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.4, subsection 8, paragraph c, Code
  1  2 Supplement 2003, is amended to read as follows:
  1  3    c.  The order to install ignition interlock devices shall
  1  4 remain in effect for a period of time as determined by the
  1  5 court which shall not exceed the maximum term of imprisonment
  1  6 which the court could have imposed according to the nature of
  1  7 the violation minimum of six months.  While the order is in
  1  8 effect, the defendant shall not operate a motor vehicle which
  1  9 does not have an approved ignition interlock device installed.
  1 10    Sec. 2.  Section 321J.4, subsection 8, Code Supplement
  1 11 2003, is amended by adding the following new paragraphs:
  1 12    NEW PARAGRAPH.  g.  If a person subject to an order to
  1 13 install ignition interlock devices operates a motor vehicle
  1 14 which does not have an approved ignition interlock device or
  1 15 if the person tampers with or circumvents an ignition
  1 16 interlock device, in addition to other penalties provided, the
  1 17 period of license revocation or denial, as well as the order
  1 18 to install an ignition interlock device, shall be extended for
  1 19 one month for each act of such operation or tampering.
  1 20    NEW PARAGRAPH.  h.  A defendant who is on probation for a
  1 21 violation of section 321J.2 who operates a motor vehicle which
  1 22 does not have an approved ignition interlock device or who
  1 23 tampers with or circumvents an ignition interlock device in
  1 24 violation of a condition of the defendant's probation may be
  1 25 subject to a probation revocation hearing.
  1 26    NEW PARAGRAPH.  i.  A law enforcement agency may transmit
  1 27 an electronic record relating to a defendant who is in
  1 28 violation of this subsection or who has successfully satisfied
  1 29 the requirements of this subsection to the appropriate
  1 30 judicial district department of correctional services.
  1 31    Sec. 3.  Section 321J.20, subsection 6, Code Supplement
  1 32 2003, is amended to read as follows:
  1 33    6.  Following certain minimum periods of ineligibility, a
  1 34 temporary restricted license under this section shall not be
  1 35 issued until such time as the applicant installs an ignition
  2  1 interlock device of a type approved by the commissioner of
  2  2 public safety on all motor vehicles owned or operated by the
  2  3 applicant, in accordance with section 321J.2, 321J.4, 321J.9,
  2  4 or 321J.12.  Installation of an ignition interlock device
  2  5 under this section shall be required for the period of time
  2  6 for which the temporary restricted license is issued a minimum
  2  7 of six months.  
  2  8                           EXPLANATION
  2  9    This bill relates to Iowa's operating-while-intoxicated law
  2 10 and the installation of approved ignition interlock devices.
  2 11    The bill provides that a court order to install ignition
  2 12 interlock devices shall remain in effect for a minimum of six
  2 13 months.  While the order is in effect, the defendant shall not
  2 14 operate a motor vehicle which does not have an approved
  2 15 ignition interlock device installed.
  2 16    The bill provides that if a defendant operates a motor
  2 17 vehicle which does not have an approved ignition interlock
  2 18 device or if the person tampers with or circumvents an
  2 19 ignition interlock device, in addition to other penalties
  2 20 provided, the period of revocation or denial, as well as the
  2 21 order to install an ignition interlock device, shall be
  2 22 extended for one month for each such occurrence.
  2 23    The bill provides that a defendant who is on probation for
  2 24 a violation of Code section 321J.2 who operates a motor
  2 25 vehicle which does not have an approved ignition interlock
  2 26 device or who tampers with or circumvents an ignition
  2 27 interlock device in violation of a condition of the
  2 28 defendant's probation may be subject to a probation revocation
  2 29 hearing.
  2 30    The bill further provides that a law enforcement agency may
  2 31 transmit an electronic record relating to a defendant who is
  2 32 in violation of the provisions relating to ignition interlock
  2 33 devices or who has successfully satisfied the requirements of
  2 34 the provisions relating to ignition interlock devices to the
  2 35 appropriate judicial district department of correctional
  3  1 services.  
  3  2 LSB 6498XC 80
  3  3 rh/pj/5
     

Text: SSB03147                          Text: SSB03149
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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