Senate File 452 H-1423 Amend the amendment, H-1404, to Senate File 452, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. Page 46, after line 5 by inserting: 4 < DIVISION ___ 5 IGNITION INTERLOCK 6 Sec. ___. Section 321J.2, subsection 3, paragraph 7 c, unnumbered paragraph 1, Code 2013, is amended to 8 read as follows: 9 Assessment of a fine of one thousand two hundred 10 fifty dollars. However, in the discretion of the 11 court, if no personal or property injury has resulted 12 from the defendant’s actions, the court may shall waive 13 no less than four hundred fifty dollars and up to six 14 hundred twenty-five dollars one-half of the amount 15 of the fine when the defendant presents to the court 16 at the end of the minimum period of ineligibility a 17 temporary restricted license issued pursuant to section 18 321J.20 . 19 Sec. ___. Section 321J.20, subsections 1 and 2, 20 Code 2013, are amended to read as follows: 21 1. a. The department may, on application, issue 22 a temporary restricted license to a person whose 23 noncommercial driver’s license is revoked under this 24 chapter allowing the person to drive to and from the 25 person’s home and specified places at specified times 26 which can be verified by the department and which are 27 required by the any of the following: 28 (1) The person’s full-time or part-time 29 employment , . 30 (2) The person’s continuing health care or the 31 continuing health care of another who is dependent upon 32 the person , . 33 (3) The person’s continuing education while 34 enrolled in an educational institution on a part-time 35 or full-time basis and while pursuing a course of study 36 leading to a diploma, degree, or other certification of 37 successful educational completion , . 38 (4) The person’s substance abuse treatment , and to 39 attend groups whose purpose is to eliminate or reduce 40 alcohol or other drug use. 41 (5) The person’s court-ordered community service 42 responsibilities , and appointments . 43 (6) Appointments with the person’s parole or 44 probation officer . 45 (7) Transport of the person’s dependent minor child 46 to and from school when public school transportation is 47 not available for the child. 48 (8) Transport of the person’s dependent minor child 49 to and from child care when necessary for the person’s 50 -1- H1404.2127 (3) 85 tm/jp 1/ 4 #1.
full-time or part-time employment. 1 b. The department may also issue a temporary 2 restricted license under this subsection that allows 3 the person to drive for work purposes within the scope 4 of the person’s full-time or part-time employment. 5 Any vehicle operated within the scope of the person’s 6 full-time or part-time employment must be equipped 7 at all times with an ignition interlock device of a 8 type approved by the commissioner of public safety, 9 notwithstanding any provision of section 321J.4, 10 321J.9, or 321J.12 to the contrary. 11 c. The department may issue a temporary restricted 12 license under this subsection only if the person’s 13 driver’s license has not been revoked previously under 14 section 321J.4 , 321J.9 , or 321J.12 and if any of the 15 following apply: 16 (1) The person’s noncommercial driver’s license is 17 revoked under section 321J.4 and the minimum period of 18 ineligibility for issuance of a temporary restricted 19 license has expired. This subsection shall not apply 20 to a revocation ordered under section 321J.4 resulting 21 from a plea or verdict of guilty of a violation of 22 section 321J.2 that involved a death. 23 (2) The person’s noncommercial driver’s license is 24 revoked under section 321J.9 and the person has entered 25 a plea of guilty on a charge of a violation of section 26 321J.2 which arose from the same set of circumstances 27 which resulted in the person’s driver’s license 28 revocation under section 321J.9 and the guilty plea 29 is not withdrawn at the time of or after application 30 for the temporary restricted license, and the minimum 31 period of ineligibility for issuance of a temporary 32 restricted license has expired. 33 (3) The person’s noncommercial driver’s license is 34 revoked under section 321J.12 , and the minimum period 35 of ineligibility for issuance of a temporary restricted 36 license has expired. 37 b. d. A temporary restricted license may 38 be issued under this subsection if the person’s 39 noncommercial driver’s license is revoked for two years 40 under section 321J.4, subsection 2 , or section 321J.9, 41 subsection 1 , paragraph “b” , and the first three 42 hundred sixty-five days of the revocation have expired. 43 c. e. This subsection does not apply to a person 44 whose license was revoked under section 321J.2A or 45 section 321J.4, subsection 4 or 6 , or to a person whose 46 license is suspended or revoked for another reason. 47 d. f. Following the applicable minimum period 48 of ineligibility, a temporary restricted license 49 under this subsection shall not be issued until the 50 -2- H1404.2127 (3) 85 tm/jp 2/ 4
applicant installs an ignition interlock device of a 1 type approved by the commissioner of public safety on 2 all motor vehicles owned or operated by the applicant 3 in accordance with section 321J.2 , 321J.4 , 321J.9 , 4 or 321J.12 , or this subsection . Installation of an 5 ignition interlock device under this subsection shall 6 be required for the period of time for which the 7 temporary restricted license is issued and for such 8 additional period of time following reinstatement as is 9 required under section 321J.17, subsection 3 . 10 2. a. Notwithstanding section 321.560 , the 11 department may, on application, and upon the expiration 12 of the minimum period of ineligibility for a temporary 13 restricted license provided for under section 14 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a temporary 15 restricted license to a person whose noncommercial 16 driver’s license has either been revoked under this 17 chapter , or revoked or suspended under chapter 321 18 solely for violations of this chapter , or who has been 19 determined to be a habitual offender under chapter 20 321 based solely on violations of this chapter or on 21 violations listed in section 321.560, subsection 1 , 22 paragraph “b” , and who is not eligible for a temporary 23 restricted license under subsection 1 . However, the 24 department may not issue a temporary restricted license 25 under this subsection for a violation of section 26 321J.2A or to a person under the age of twenty-one 27 whose license is revoked under section 321J.4 , 321J.9 , 28 or 321J.12 . A 29 (1) If the person has no more than one previous 30 revocation under this chapter, a temporary restricted 31 license issued under this subsection may allow the 32 person to drive to and from the person’s home and 33 specified places at specified times which can be 34 verified by the department and which are required by 35 any of the following: 36 (a) The person’s full-time or part-time employment. 37 (b) The person’s continuing health care or the 38 continuing health care of another who is dependent upon 39 the person. 40 (c) The person’s continuing education while 41 enrolled in an educational institution on a part-time 42 or full-time basis and while pursuing a course of study 43 leading to a diploma, degree, or other certification of 44 successful educational completion. 45 (d) The person’s substance abuse treatment and to 46 attend groups whose purpose is to eliminate or reduce 47 alcohol or other drug use. 48 (e) The person’s court-ordered community service 49 responsibilities. 50 -3- H1404.2127 (3) 85 tm/jp 3/ 4
(f) Appointments with the person’s parole or 1 probation officer. 2 (g) Transport of the person’s dependent minor child 3 to and from child care when necessary for the person’s 4 full-time or part-time employment. 5 (2) If the person has more than one previous 6 revocation under this chapter, a temporary restricted 7 license issued under this subsection may allow the 8 person to drive to and from the person’s home and 9 specified places at specified times which can be 10 verified by the department and which are required by 11 the any of the following: 12 (a) The person’s full-time or part-time 13 employment , . 14 (b) The person’s continuing education while 15 enrolled in an educational institution on a part-time 16 or full-time basis and while pursuing a course of study 17 leading to a diploma, degree, or other certification of 18 successful educational completion , or . 19 (c) The person’s substance abuse treatment and to 20 attend groups whose purpose is to eliminate or reduce 21 alcohol or other drug use . > 22 2. By renumbering as necessary. 23 ______________________________ WOLFE of Clinton ______________________________ R. OLSON of Polk -4- H1404.2127 (3) 85 tm/jp 4/ 4 #2.