Senate File 2190 S-5065 Amend Senate File 2190 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < DIVISION I 4 COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT 5 PROGRAMS 6 Section 1. COUNTY CHEMICAL SUBSTANCE ABUSE 7 MONITORING PILOT PROGRAMS. 8 1. The department of public safety, in 9 collaboration with the governor’s traffic safety 10 bureau, may, in an effort to reduce the number of 11 crimes that have a nexus with chemical substance abuse, 12 adopt rules providing for the creation and approval of 13 an application from a county for the implementation of 14 a countywide chemical substance abuse monitoring pilot 15 program that is available twenty-four hours per day, 16 seven days per week. 17 2. A chemical substance abuse monitoring pilot 18 program shall do all of the following: 19 a. Make the program available to a person who has 20 been charged with, pled guilty to, or been convicted 21 of a crime that has a nexus with chemical substance 22 abuse. The program shall require a participating 23 person to abstain from all chemical substances for 24 a period of time. A person wishing to participate 25 in the program shall apply to the court on a form 26 designed by the county, and the court may order the 27 person’s participation in the program as a component 28 or condition of pretrial release or probation. The 29 application form shall include an itemization of all 30 costs associated with participation in the program. 31 This paragraph shall not apply to a person who has 32 been charged with, pled guilty to, or been convicted 33 of a first offense of operating while intoxicated in 34 violation of section 321J.2 where the person’s alcohol 35 -1- SF2190.2982 (3) 86 ns/nh 1/ 14 #1.

concentration was lower than .15 and no accident 1 resulting in personal injury or property damage 2 occurred, unless upon application and a hearing the 3 court permits participation in the program by such a 4 person. 5 b. Require the person to be subject to testing 6 to determine whether a chemical substance is present 7 in the person’s body. The commissioner of public 8 safety shall approve the use of appropriate devices 9 and technology for this purpose, and may, in the case 10 of alcohol concentration testing, designate certain 11 portable breath test devices for this purpose. Testing 12 shall occur in the following manner: 13 (1) At least twice per day at a central location. 14 (2) Where testing under subparagraph (1) is 15 impractical, by continuous transdermal or electronic 16 monitoring. 17 c. Provide that allegations of a test failure, a 18 refusal to submit to a test, or a failure to appear for 19 testing shall be communicated ex parte to a magistrate 20 as soon as practicable. A magistrate who receives 21 such a communication may order immediate incarceration 22 pending a hearing on the allegation but lasting no 23 longer than twenty-four hours after the issuance of the 24 order or, if the person failed to appear for testing as 25 scheduled, the magistrate may issue a warrant for the 26 arrest of the person for a violation of the terms of 27 pretrial release or probation, as applicable. 28 d. Require a person participating in the program 29 to pay program costs, including costs of installation, 30 monitoring, and deactivation of any testing devices. 31 3. An approved pilot program shall begin on October 32 1, 2016, or upon the effective date of department 33 rules, whichever is earlier, and shall be conducted for 34 a minimum of one year. 35 -2- SF2190.2982 (3) 86 ns/nh 2/ 14

4. The department of public safety shall adopt 1 rules pursuant to chapter 17A to implement this section 2 including but not limited to provisions relating to 3 applications for, approval of, costs of, and oversight 4 of the pilot programs and reporting requirements for 5 participating counties. 6 5. The department of public safety shall submit a 7 report on the results of the pilot programs and make 8 recommendations to the general assembly by December 15, 9 2017. 10 6. For the purposes of this section, “chemical 11 substance” means any alcoholic beverage as defined in 12 section 321J.1 and any controlled substance as defined 13 in section 124.101. 14 DIVISION II 15 OPERATING WHILE INTOXICATED 16 Sec. 2. Section 321J.2, subsection 3, paragraph d, 17 subparagraphs (1) and (2), Code 2016, are amended to 18 read as follows: 19 (1) A defendant whose alcohol concentration is .08 20 or more but not more than .10 shall not be eligible for 21 any temporary restricted license for at least thirty 22 days if a test was obtained and an accident resulting 23 in personal injury or property damage occurred. The 24 department shall require the defendant to install an 25 ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned 27 or operated by the defendant if the defendant seeks a 28 temporary restricted license. There shall be no such 29 period of ineligibility if no such accident occurred , 30 and the defendant shall not be required to install an 31 ignition interlock device . 32 (2) A defendant whose alcohol concentration is 33 more than .10 shall not be eligible for any temporary 34 restricted license for at least thirty days if a test 35 -3- SF2190.2982 (3) 86 ns/nh 3/ 14

was obtained, and an accident resulting in personal 1 injury or property damage occurred or the defendant’s 2 alcohol concentration exceeded .15. There shall be 3 no such period of ineligibility if no such accident 4 occurred and the defendant’s alcohol concentration 5 did not exceed .15. In either case, where Where a 6 defendant’s alcohol concentration is more than .10, 7 the department shall require the defendant to install 8 an ignition interlock device of a type approved by the 9 commissioner of public safety on all vehicles owned 10 or operated by the defendant if the defendant seeks a 11 temporary restricted license. 12 Sec. 3. Section 321J.4, subsections 1, 2, and 3, 13 Code 2016, are amended to read as follows: 14 1. If a defendant is convicted of a violation of 15 section 321J.2 and the defendant’s driver’s license or 16 nonresident operating privilege has not been revoked 17 under section 321J.9 or 321J.12 for the occurrence from 18 which the arrest arose, the department shall revoke the 19 defendant’s driver’s license or nonresident operating 20 privilege for one hundred eighty days if the defendant 21 submitted to chemical testing and has had no previous 22 conviction or revocation under this chapter and shall 23 revoke the defendant’s driver’s license or nonresident 24 operating privilege for one year if the defendant 25 refused to submit to chemical testing and has had no 26 previous conviction or revocation under this chapter . 27 The defendant shall not be eligible for any temporary 28 restricted license for at least ninety days if a test 29 was refused under section 321J.9 . 30 a. A defendant whose alcohol concentration is .08 31 or more but not more than .10 shall not be eligible for 32 any temporary restricted license for at least thirty 33 days if a test was obtained and an accident resulting 34 in personal injury or property damage occurred. The 35 -4- SF2190.2982 (3) 86 ns/nh 4/ 14

department shall require the defendant to install an 1 ignition interlock device of a type approved by the 2 commissioner of public safety on all vehicles owned 3 or operated by the defendant if the defendant seeks a 4 temporary restricted license. There shall be no such 5 period of ineligibility if no such accident occurred , 6 and the defendant shall not be required to install an 7 ignition interlock device . 8 b. A defendant whose alcohol concentration is 9 more than .10 shall not be eligible for any temporary 10 restricted license for at least thirty days if a test 11 was obtained and an accident resulting in personal 12 injury or property damage occurred or the defendant’s 13 alcohol concentration exceeded .15. There shall be 14 no such period of ineligibility if no such accident 15 occurred and the defendant’s alcohol concentration 16 did not exceed .15. In either case, where Where a 17 defendant’s alcohol concentration is more than .10, 18 the department shall require the defendant to install 19 an ignition interlock device of a type approved by the 20 commissioner of public safety on all vehicles owned 21 or operated by the defendant if the defendant seeks a 22 temporary restricted license. 23 c. If the defendant is under the age of twenty-one, 24 the defendant shall not be eligible for a temporary 25 restricted license for at least sixty days after the 26 effective date of revocation. 27 2. If a defendant is convicted of a violation 28 of section 321J.2 , and the defendant’s driver’s 29 license or nonresident operating privilege has not 30 already been revoked under section 321J.9 or 321J.12 31 for the occurrence from which the arrest arose, the 32 department shall revoke the defendant’s driver’s 33 license or nonresident operating privilege for one 34 year if the defendant submitted to chemical testing 35 -5- SF2190.2982 (3) 86 ns/nh 5/ 14

and has had a previous conviction or revocation under 1 this chapter and shall revoke the defendant’s driver’s 2 license or nonresident operating privilege for two 3 years if the defendant refused to submit to chemical 4 testing and has had a previous revocation under this 5 chapter . The defendant shall not be eligible for any 6 temporary restricted license for forty-five days after 7 the effective date of revocation if the defendant 8 submitted to chemical testing and an accident resulting 9 in personal injury or property damage occurred and 10 shall not be eligible for any temporary restricted 11 license for ninety days after the effective date of 12 revocation if the defendant refused chemical testing. 13 The temporary restricted license shall be issued in 14 accordance with section 321J.20, subsection 2 . The 15 department shall require the defendant to install an 16 ignition interlock device of a type approved by the 17 commissioner of public safety on all vehicles owned 18 or operated by the defendant if the defendant seeks a 19 temporary restricted license at the end of the minimum 20 period of ineligibility. A temporary restricted 21 license shall not be granted by the department until 22 the defendant installs the ignition interlock device. 23 3. If the court defers judgment pursuant to section 24 907.3 for a violation of section 321J.2 , and if the 25 defendant’s driver’s license or nonresident operating 26 privilege has not been revoked under section 321J.9 27 or 321J.12 , or has not otherwise been revoked for the 28 occurrence from which the arrest arose, the department 29 shall revoke the defendant’s driver’s license or 30 nonresident operating privilege for a period of not 31 less than thirty days nor more than ninety days. The 32 defendant shall not be eligible for any temporary 33 restricted license for at least ninety days if a test 34 was refused. 35 -6- SF2190.2982 (3) 86 ns/nh 6/ 14

a. A defendant whose alcohol concentration is .08 1 or more but not more than .10 shall not be eligible for 2 any temporary restricted license for at least thirty 3 days if a test was obtained and an accident resulting 4 in personal injury or property damage occurred. The 5 department shall require the defendant to install an 6 ignition interlock device of a type approved by the 7 commissioner of public safety on all vehicles owned 8 or operated by the defendant if the defendant seeks a 9 temporary restricted license. There shall be no such 10 period of ineligibility if no such accident occurred , 11 and the defendant shall not be required to install an 12 ignition interlock device . 13 b. A defendant whose alcohol concentration is 14 more than .10 shall not be eligible for any temporary 15 restricted license for at least thirty days if a test 16 was obtained and an accident resulting in personal 17 injury or property damage occurred or the defendant’s 18 alcohol concentration exceeded .15. There shall be 19 no such period of ineligibility if no such accident 20 occurred and the defendant’s alcohol concentration 21 did not exceed .15. In either case, where Where a 22 defendant’s alcohol concentration is more than .10, 23 the department shall require the defendant to install 24 an ignition interlock device of a type approved by the 25 commissioner of public safety on all vehicles owned 26 or operated by the defendant if the defendant seeks a 27 temporary restricted license. 28 c. If the defendant is under the age of twenty-one, 29 the defendant shall not be eligible for a temporary 30 restricted license for at least sixty days after the 31 effective date of the revocation. 32 Sec. 4. Section 321J.12, subsections 1 and 2, Code 33 2016, are amended to read as follows: 34 1. Upon certification, subject to penalty for 35 -7- SF2190.2982 (3) 86 ns/nh 7/ 14

perjury, by the peace officer that there existed 1 reasonable grounds to believe that the person had been 2 operating a motor vehicle in violation of section 3 321J.2 , that there existed one or more of the necessary 4 conditions for chemical testing described in section 5 321J.6, subsection 1 , and that the person submitted to 6 chemical testing and the test results indicated the 7 presence of a controlled substance or other drug, or 8 an alcohol concentration equal to or in excess of the 9 level prohibited by section 321J.2 , or a combination 10 of alcohol and another drug in violation of section 11 321J.2 , the department shall revoke the person’s 12 driver’s license or nonresident operating privilege for 13 the following periods of time: 14 a. One hundred eighty days if the person has had no 15 revocation under this chapter . 16 b. One year if the person has had a one previous 17 revocation under this chapter . 18 c. Two years if the person has had two or more 19 previous revocations under this chapter. 20 2. a. A person whose driver’s license or 21 nonresident operating privileges have been revoked 22 under subsection 1 , paragraph “a” , whose alcohol 23 concentration is .08 or more but not more than .10 24 shall not be eligible for any temporary restricted 25 license for at least thirty days after the effective 26 date of the revocation if a test was obtained and an 27 accident resulting in personal injury or property 28 damage occurred. The department shall require the 29 defendant to install an ignition interlock device of 30 a type approved by the commissioner of public safety 31 on all vehicles owned or operated by the defendant if 32 the defendant seeks a temporary license. There shall 33 be no such period of ineligibility if no such accident 34 occurred , and the defendant shall not be required to 35 -8- SF2190.2982 (3) 86 ns/nh 8/ 14

install an ignition interlock device . 1 b. A defendant whose alcohol concentration is 2 more than .10 shall not be eligible for any temporary 3 restricted license for at least thirty days if a test 4 was obtained and an accident resulting in personal 5 injury or property damage occurred or the defendant’s 6 alcohol concentration exceeded .15. There shall be 7 no such period of ineligibility if no such accident 8 occurred and the defendant’s alcohol concentration 9 did not exceed .15. In either case, where Where a 10 defendant’s alcohol concentration is more than .10, 11 the department shall require the defendant to install 12 an ignition interlock device of a type approved by the 13 commissioner of public safety on all vehicles owned 14 or operated by the defendant if the defendant seeks a 15 temporary restricted license. 16 c. If the person is under the age of twenty-one, 17 the person shall not be eligible for a temporary 18 restricted license for at least sixty days after the 19 effective date of the revocation. 20 d. A person whose license or privileges have been 21 revoked under subsection 1 , paragraph “b” , for one year 22 shall not be eligible for any temporary restricted 23 license for forty-five days after the effective date 24 of the revocation , and if a test was obtained and an 25 accident resulting in personal injury or property 26 damage occurred. If a person’s license or privileges 27 have been revoked under subsection 1, paragraph “b” , 28 the department shall require the person to install an 29 ignition interlock device of a type approved by the 30 commissioner of public safety on all vehicles owned 31 or operated by the defendant if the defendant seeks a 32 temporary restricted license at the end of the minimum 33 period of ineligibility. The temporary restricted 34 license shall be issued in accordance with section 35 -9- SF2190.2982 (3) 86 ns/nh 9/ 14

321J.20, subsection 2 . A temporary restricted license 1 shall not be granted by the department until the 2 defendant installs the ignition interlock device. 3 e. A person whose license or privileges have 4 been revoked under subsection 1, paragraph “c” , for 5 two years shall not be eligible for any temporary 6 restricted license for forty-five days after the 7 effective date of the revocation. The department shall 8 require the person to install an ignition interlock 9 device of a type approved by the commissioner of 10 public safety on all vehicles owned or operated by 11 the defendant if the defendant seeks a temporary 12 restricted license at the end of the minimum period 13 of ineligibility. The temporary restricted license 14 shall be issued in accordance with section 321J.20, 15 subsection 2. A temporary restricted license shall 16 not be granted by the department until the defendant 17 installs the ignition interlock device. 18 Sec. 5. Section 321J.17, subsection 3, Code 2016, 19 is amended to read as follows: 20 3. The department shall also require certification 21 of installation of an ignition interlock device of a 22 type approved by the commissioner of public safety on 23 all motor vehicles owned or operated by any person 24 seeking reinstatement following a second or subsequent 25 revocation under section 321J.4 , 321J.9 , or 321J.12 . 26 The requirement for the installation of an approved 27 ignition interlock device shall be for one year from 28 the date of reinstatement unless a longer time period 29 is required by statute. The one-year period a person 30 is required to maintain an ignition interlock device 31 under this subsection shall be reduced by any period 32 of time the person held a valid temporary restricted 33 license during the period of the revocation for the 34 occurrence from which the arrest arose , including 35 -10- SF2190.2982 (3) 86 ns/nh 10/ 14

any period in which the person participated in a 24-7 1 sobriety program, as defined in section 321J.20 . The 2 person shall not operate any motor vehicle which is not 3 equipped with an approved ignition interlock device 4 during the period in which an ignition interlock device 5 must be maintained, and the department shall not grant 6 reinstatement unless the person certifies installation 7 of an ignition interlock device as required in this 8 subsection . 9 Sec. 6. Section 321J.20, subsection 1, paragraph a, 10 unnumbered paragraph 1, Code 2016, is amended to read 11 as follows: 12 The department may, on application, issue a 13 temporary restricted license to a person whose 14 noncommercial driver’s license is revoked under this 15 chapter allowing the person to drive to and from the 16 person’s home and specified places at specified times 17 which can be verified by the department and which 18 are required by the person’s full-time or part-time 19 employment, continuing health care or the continuing 20 health care of another who is dependent upon the 21 person, continuing education while enrolled in an 22 educational institution on a part-time or full-time 23 basis and while pursuing a course of study leading to a 24 diploma, degree, or other certification of successful 25 educational completion, substance abuse treatment, 26 court-ordered community service responsibilities, and 27 appointments with the person’s parole or probation 28 officer , and participation in a 24-7 sobriety program, 29 if the person’s driver’s license has not been revoked 30 previously under section 321J.4 , 321J.9 , or 321J.12 and 31 if any of the following apply: 32 Sec. 7. Section 321J.20, subsection 1, paragraph b, 33 Code 2016, is amended to read as follows: 34 b. A temporary restricted license may be issued 35 -11- SF2190.2982 (3) 86 ns/nh 11/ 14

under this subsection if the person’s noncommercial 1 driver’s license is revoked for two years under section 2 321J.4, subsection 2 , or section 321J.9, subsection 1 , 3 paragraph “b” , and the first three hundred sixty-five 4 days of the revocation have minimum period of 5 ineligibility for issuance of a temporary restricted 6 license has expired. 7 Sec. 8. Section 321J.20, subsection 2, paragraph a, 8 Code 2016, is amended to read as follows: 9 a. Notwithstanding section 321.560 , the department 10 may, on application, and upon the expiration of 11 the minimum period of ineligibility for a temporary 12 restricted license provided for under section 13 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a temporary 14 restricted license to a person whose noncommercial 15 driver’s license has either been revoked under this 16 chapter , or revoked or suspended under chapter 321 17 solely for violations of this chapter , or who has been 18 determined to be a habitual offender under chapter 19 321 based solely on violations of this chapter or on 20 violations listed in section 321.560, subsection 1 , 21 paragraph “b” , and who is not eligible for a temporary 22 restricted license under subsection 1 . However, the 23 department may not issue a temporary restricted license 24 under this subsection for a violation of section 25 321J.2A or to a person under the age of twenty-one 26 whose license is revoked under section 321J.4 , 321J.9 , 27 or 321J.12 . A temporary restricted license issued 28 under this subsection may allow the person to drive 29 to and from the person’s home and specified places at 30 specified times which can be verified by the department 31 and which are required by the person’s full-time or 32 part-time employment; continuing education while 33 enrolled in an educational institution on a part-time 34 or full-time basis and while pursuing a course of study 35 -12- SF2190.2982 (3) 86 ns/nh 12/ 14

leading to a diploma, degree, or other certification of 1 successful educational completion; or substance abuse 2 treatment ; or participation in a 24-7 sobriety program . 3 Sec. 9. Section 321J.20, subsection 3, Code 2016, 4 is amended to read as follows: 5 3. If a person required to install an ignition 6 interlock device or participate in a 24-7 sobriety 7 program operates a motor vehicle which does not have 8 an approved ignition interlock device or while not 9 in compliance with the 24-7 sobriety program, or if 10 the person tampers with or circumvents an ignition 11 interlock device, in addition to other penalties 12 provided, the person’s temporary restricted license 13 shall be revoked. 14 Sec. 10. Section 321J.20, Code 2016, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION . 10. Notwithstanding any other 17 provision of law to the contrary, in any circumstance 18 in which this chapter requires the installation of an 19 ignition interlock device in all vehicles owned or 20 operated by a person as a condition of the person’s 21 license or privilege to operate noncommercial motor 22 vehicles, the department may accept, in lieu of 23 installation of an ignition interlock device, a 24 certification of the person’s participation in and 25 compliance with a 24-7 sobriety program. As used in 26 this section, “24-7 sobriety program” means as defined 27 in 23 U.S.C. §164(a), as amended by the federal Fixing 28 America’s Surface Transportation Act, Pub. L. No. 29 114-94, §1414. The department, in consultation with 30 the department of public safety, may adopt rules for 31 issuing and accepting a certification of participation 32 in and compliance with a 24-7 sobriety program. This 33 subsection shall be construed and implemented to comply 34 with 23 U.S.C. §164(a), as amended by the federal 35 -13- SF2190.2982 (3) 86 ns/nh 13/ 14

Fixing America’s Surface Transportation Act, Pub. 1 L. No. 114-94, §1414, and shall not apply if such 2 application results in a finding of noncompliance 3 with 23 U.S.C. §164 that results or will result in 4 a reservation or transfer of funds pursuant to 23 5 U.S.C. §164(b). This subsection shall not authorize 6 the operation of a motor vehicle for any purpose not 7 otherwise authorized by this chapter. > 8 2. Title page, by striking lines 1 and 9 2 and inserting < An Act providing for the 10 establishment of county chemical substance abuse 11 monitoring pilot programs and modifying temporary 12 restricted license eligibility requirements for 13 operating-while-intoxicated offenders. > 14 ______________________________ STEVEN J. SODDERS -14- SF2190.2982 (3) 86 ns/nh 14/ 14 #2.