S-5065

   Amend Senate File 2190 as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT PROGRAMS

   Section 1.  COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT PROGRAMS.
   1.  The department of public safety, in collaboration with the governor’s traffic safety bureau, may, in an effort to reduce the number of crimes that have a nexus with chemical substance abuse, adopt rules providing for the creation and approval of an application from a county for the implementation of a countywide chemical substance abuse monitoring pilot program that is available twenty-four hours per day, seven days per week.
   2.  A chemical substance abuse monitoring pilot program shall do all of the following:
   a.  Make the program available to a person who has been charged with, pled guilty to, or been convicted of a crime that has a nexus with chemical substance abuse. The program shall require a participating person to abstain from all chemical substances for a period of time. A person wishing to participate in the program shall apply to the court on a form designed by the county, and the court may order the person’s participation in the program as a component or condition of pretrial release or probation. The application form shall include an itemization of all costs associated with participation in the program. This paragraph shall not apply to a person who has been charged with, pled guilty to, or been convicted of a first offense of operating while intoxicated in violation of section 321J.2 where the person’s alcohol concentration was lower than .15 and no accident resulting in personal injury or property damage occurred, unless upon application and a hearing the court permits participation in the program by such a person.
   b.  Require the person to be subject to testing to determine whether a chemical substance is present in the person’s body. The commissioner of public safety shall approve the use of appropriate devices and technology for this purpose, and may, in the case of alcohol concentration testing, designate certain portable breath test devices for this purpose. Testing shall occur in the following manner:
   (1)  At least twice per day at a central location.
   (2)  Where testing under subparagraph (1) is impractical, by continuous transdermal or electronic monitoring.
   c.  Provide that allegations of a test failure, a refusal to submit to a test, or a failure to appear for testing shall be communicated ex parte to a magistrate as soon as practicable. A magistrate who receives such a communication may order immediate incarceration pending a hearing on the allegation but lasting no longer than twenty-four hours after the issuance of the order or, if the person failed to appear for testing as scheduled, the magistrate may issue a warrant for the arrest of the person for a violation of the terms of pretrial release or probation, as applicable.
   d.  Require a person participating in the program to pay program costs, including costs of installation, monitoring, and deactivation of any testing devices.
   3.  An approved pilot program shall begin on October 1, 2016, or upon the effective date of department rules, whichever is earlier, and shall be conducted for a minimum of one year.
   4.  The department of public safety shall adopt rules pursuant to chapter 17A to implement this section including but not limited to provisions relating to applications for, approval of, costs of, and oversight of the pilot programs and reporting requirements for participating counties.
   5.  The department of public safety shall submit a report on the results of the pilot programs and make recommendations to the general assembly by December 15, 2017.
   6.  For the purposes of this section, “chemical substance” means any alcoholic beverage as defined in section 321J.1 and any controlled substance as defined in section 124.101.
DIVISION II
OPERATING WHILE INTOXICATED

   Sec. 2.  Section 321J.2, subsection 3, paragraph d, subparagraphs (1) and (2), Code 2016, are amended to read as follows:
   (1)  A defendant whose alcohol concentration is .08 or more but not more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. There shall be no such period of ineligibility if no such accident occurred, and the defendant shall not be required to install an ignition interlock device.
   (2)  A defendant whose alcohol concentration is more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained, and an accident resulting in personal injury or property damage occurred or the defendant’s alcohol concentration exceeded .15. There shall be no such period of ineligibility if no such accident occurred and the defendant’s alcohol concentration did not exceed .15. In either case, where Where a defendant’s alcohol concentration is more than .10, the department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.
   Sec. 3.  Section 321J.4, subsections 1, 2, and 3, Code 2016, are amended to read as follows:
   1.  If a defendant is convicted of a violation of section 321J.2 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 one hundred eighty days if the defendant submitted to chemical testing and has had no previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for one year if the defendant refused to submit to chemical testing and has had no previous conviction or revocation under this chapter. The defendant shall not be eligible for any temporary restricted license for at least ninety days if a test was refused under section 321J.9.
   a.  A defendant whose alcohol concentration is .08 or more but not more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. There shall be no such period of ineligibility if no such accident occurred, and the defendant shall not be required to install an ignition interlock device.
   b.  A defendant whose alcohol concentration is more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred or the defendant’s alcohol concentration exceeded .15. There shall be no such period of ineligibility if no such accident occurred and the defendant’s alcohol concentration did not exceed .15. In either case, where Where a defendant’s alcohol concentration is more than .10, the department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.
   c.  If the defendant is under the age of twenty-one, the defendant shall not be eligible for a temporary restricted license for at least sixty days after the effective date of revocation.
   2.  If a defendant is convicted of a violation of section 321J.2, and the defendant’s driver’s license or nonresident operating privilege has not already 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 one year if the defendant submitted to chemical testing and has had a previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for two years if the defendant refused to submit to chemical testing and has had a previous revocation under this chapter. The defendant shall not be eligible for any temporary restricted license for forty-five days after the effective date of revocation if the defendant submitted to chemical testing and an accident resulting in personal injury or property damage occurred and shall not be eligible for any temporary restricted license for ninety days after the effective date of revocation if the defendant refused chemical testing.  The temporary restricted license shall be issued in accordance with section 321J.20, subsection 2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
   3.  If the court defers judgment pursuant to section 907.3 for a violation of section 321J.2, and if the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12, or has not otherwise been revoked for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of not less than thirty days nor more than ninety days. The defendant shall not be eligible for any temporary restricted license for at least ninety days if a test was refused.
   a.  A defendant whose alcohol concentration is .08 or more but not more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. There shall be no such period of ineligibility if no such accident occurred, and the defendant shall not be required to install an ignition interlock device.
   b.  A defendant whose alcohol concentration is more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred or the defendant’s alcohol concentration exceeded .15. There shall be no such period of ineligibility if no such accident occurred and the defendant’s alcohol concentration did not exceed .15. In either case, where Where a defendant’s alcohol concentration is more than .10, the department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.
   c.  If the defendant is under the age of twenty-one, the defendant shall not be eligible for a temporary restricted license for at least sixty days after the effective date of the revocation.
   Sec. 4.  Section 321J.12, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  Upon certification, subject to penalty for 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.2, 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 the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another drug in violation of section 321J.2, the department shall revoke the person’s driver’s license or nonresident operating privilege for the following periods of time:
   a.  One hundred eighty days if the person has had no revocation under this chapter.
   b.  One year if the person has had a one previous revocation under this chapter.
   c.  Two years if the person has had two or more previous revocations under this chapter.
   2.  a.  A person whose driver’s license or nonresident operating privileges have been revoked under subsection 1, paragraph “a”, whose alcohol concentration is .08 or more but not more than .10 shall not be eligible for any temporary restricted license for at least thirty days after the effective date of the revocation if a test was obtained and an accident resulting in personal injury or property damage occurred. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary license. There shall be no such period of ineligibility if no such accident occurred, and the defendant shall not be required to install an ignition interlock device.
   b.  A defendant whose alcohol concentration is more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained and an accident resulting in personal injury or property damage occurred or the defendant’s alcohol concentration exceeded .15. There shall be no such period of ineligibility if no such accident occurred and the defendant’s alcohol concentration did not exceed .15. In either case, where Where a defendant’s alcohol concentration is more than .10, the department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.
   c.  If the person is under the age of twenty-one, the person shall not be eligible for a temporary restricted license for at least sixty days after the effective date of the revocation.
   d.  A person whose license or privileges have been revoked under subsection 1, paragraph “b”, for one year shall not be eligible for any temporary restricted license for forty-five days after the effective date of the revocation, and if a test was obtained and an accident resulting in personal injury or property damage occurred. If a person’s license or privileges have been revoked under subsection 1, paragraph “b”, the department shall require the person to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. The temporary restricted license shall be issued in accordance with section 321J.20, subsection 2. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
   e.  A person whose license or privileges have been revoked under subsection 1, paragraph “c”, for two years shall not be eligible for any temporary restricted license for forty-five days after the effective date of the revocation. The department shall require the person to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license at the end of the minimum period of ineligibility. The temporary restricted license shall be issued in accordance with section 321J.20, subsection 2. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
   Sec. 5.  Section 321J.17, subsection 3, Code 2016, is amended to read as follows:
   3.  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 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 period of the revocation for the occurrence from which the arrest arose, including any period in which the person participated in a 24-7 sobriety program, as defined in section 321J.20. 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. 6.  Section 321J.20, subsection 1, paragraph a, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   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, and participation in a 24-7 sobriety program, if the person’s driver’s license has not been revoked previously under section 321J.4, 321J.9, or 321J.12 and if any of the following apply:
   Sec. 7.  Section 321J.20, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   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 minimum period of ineligibility for issuance of a temporary restricted license has expired.
   Sec. 8.  Section 321J.20, subsection 2, paragraph a, Code 2016, is amended to read as follows:
   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.2A or 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; or participation in a 24-7 sobriety program.
   Sec. 9.  Section 321J.20, subsection 3, Code 2016, is amended to read as follows:
   3.  If a person required to install an ignition interlock device or participate in a 24-7 sobriety program operates a motor vehicle which does not have an approved ignition interlock device or while not in compliance with the 24-7 sobriety program, 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.
   Sec. 10.  Section 321J.20, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  Notwithstanding any other provision of law to the contrary, in any circumstance in which this chapter requires the installation of an ignition interlock device in all vehicles owned or operated by a person as a condition of the person’s license or privilege to operate noncommercial motor vehicles, the department may accept, in lieu of installation of an ignition interlock device, a certification of the person’s participation in and compliance with a 24-7 sobriety program. As used in this section, “24-7 sobriety program” means as defined in 23 U.S.C. §164(a), as amended by the federal Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, §1414. The department, in consultation with the department of public safety, may adopt rules for issuing and accepting a certification of participation in and compliance with a 24-7 sobriety program. This subsection shall be construed and implemented to comply with 23 U.S.C. §164(a), as amended by the federal Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, §1414, and shall not apply if such application results in a finding of noncompliance with 23 U.S.C. §164 that results or will result in a reservation or transfer of funds pursuant to 23 U.S.C. §164(b). This subsection shall not authorize the operation of a motor vehicle for any purpose not otherwise authorized by this chapter.>
   2.  Title page, by striking lines 1 and 2 and inserting <An Act providing for the establishment of county chemical substance abuse monitoring pilot programs and modifying temporary restricted license eligibility requirements for operating-while-intoxicated offenders.>

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STEVEN J. SODDERS