House
File
2423
H-8269
Amend
House
File
2423
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
321J.4,
subsections
2
and
4,
Code
2024,
4
are
amended
to
read
as
follows:
5
2.
If
a
defendant
is
convicted
of
a
violation
of
section
6
321J.2
,
and
the
defendant’s
driver’s
license
or
nonresident
7
operating
privilege
has
not
already
been
revoked
under
section
8
321J.9
or
321J.12
for
the
occurrence
from
which
the
arrest
9
arose,
the
department
shall
revoke
the
defendant’s
driver’s
10
license
or
nonresident
operating
privilege
for
one
year
if
the
11
defendant
submitted
to
chemical
testing
and
has
had
a
previous
12
conviction
or
revocation
under
this
chapter
and
shall
revoke
13
the
defendant’s
driver’s
license
or
nonresident
operating
14
privilege
for
two
years
if
the
defendant
refused
to
submit
15
to
chemical
testing
and
has
had
a
previous
revocation
under
16
this
chapter
.
The
department
shall
require
the
defendant
to
17
install
an
ignition
interlock
device
of
a
type
approved
by
the
18
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
19
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
20
license.
A
temporary
restricted
license
shall
not
be
granted
21
by
the
department
until
the
defendant
installs
the
ignition
22
interlock
device.
23
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
24
violation
of
section
321J.2
,
the
department
shall
revoke
the
25
defendant’s
driver’s
license
or
nonresident
operating
privilege
26
for
a
period
of
six
years.
The
department
shall
require
the
27
defendant
to
install
an
ignition
interlock
device
of
a
type
28
approved
by
the
commissioner
of
public
safety
on
all
vehicles
29
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
30
temporary
restricted
license.
A
temporary
restricted
license
31
shall
not
be
granted
by
the
department
until
the
defendant
32
installs
the
ignition
interlock
device.
33
Sec.
2.
Section
321J.4,
subsection
8,
paragraphs
a,
b,
c,
34
and
d,
Code
2024,
are
amended
to
read
as
follows:
35
-1-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
1/
8
#1.
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
1
judgment
for
a
violation
of
section
321J.2
,
the
court
may
2
order
the
defendant
to
install
ignition
interlock
devices
3
of
a
type
approved
by
the
commissioner
of
public
safety
on
4
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
5
without
tampering
or
the
intervention
of
another
person,
would
6
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
7
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
8
commissioner
of
public
safety.
However,
if
the
defendant
has
9
had
no
previous
conviction
or
revocation
under
this
chapter
,
10
the
court’s
order
shall
require
the
defendant
to
install
11
approved
ignition
interlock
devices
only
on
all
motor
vehicles
12
operated
by
the
defendant.
13
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
14
approve
certain
ignition
interlock
devices
and
the
means
of
15
installation
of
the
devices,
and
shall
establish
the
level
of
16
alcohol
concentration
beyond
which
an
ignition
interlock
device
17
will
not
allow
operation
of
the
motor
vehicle
in
which
it
is
18
installed
,
in
accordance
with
section
321J.17A
.
19
c.
The
order
to
install
ignition
interlock
devices
shall
20
remain
in
effect
for
a
period
of
time
as
determined
by
the
21
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
22
which
the
court
could
have
imposed
according
to
the
nature
of
23
the
violation
,
unless
otherwise
extended
under
this
chapter
.
24
While
the
order
is
in
effect,
the
defendant
shall
not
operate
25
a
motor
vehicle
which
does
not
have
an
approved
ignition
26
interlock
device
installed.
27
d.
If
the
defendant’s
driver’s
license
or
nonresident
28
operating
privilege
has
been
revoked,
the
department
shall
not
29
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
30
without
certification
that
approved
ignition
interlock
devices
31
have
been
installed
on
all
motor
vehicles
owned
or
operated
by
32
the
defendant
while
the
order
is
in
effect.
However,
if
the
33
defendant
has
had
no
previous
conviction
or
revocation
under
34
this
chapter
,
the
department
shall
require
certification
that
35
-2-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
2/
8
approved
ignition
interlock
devices
have
been
installed
only
on
1
all
motor
vehicles
operated
by
the
defendant.
2
Sec.
3.
Section
321J.4,
subsection
8,
Code
2024,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
g.
An
ignition
interlock
device
provider
5
shall
not
impose
an
early
termination
fee
if
the
defendant
is
6
no
longer
required
to
have
a
device
installed
and
presents
an
7
unrestricted
driver’s
license
to
the
provider
prior
to
the
8
end
of
the
term
for
which
the
provider
agreed
to
provide
the
9
defendant
with
a
device.
10
Sec.
4.
Section
321J.9,
subsection
2,
Code
2024,
is
amended
11
to
read
as
follows:
12
2.
The
department
shall
require
the
defendant
to
install
13
an
ignition
interlock
device
of
a
type
approved
by
the
14
commissioner
of
public
safety
on
all
vehicles
owned
or
15
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
16
restricted
license.
However,
if
the
defendant
has
had
no
17
previous
conviction
or
revocation
under
this
chapter
,
the
18
department
shall
only
require
the
defendant
to
install
an
19
approved
ignition
interlock
device
on
all
vehicles
operated
by
20
the
defendant
if
the
defendant
seeks
a
temporary
restricted
21
license.
A
temporary
restricted
license
shall
not
be
granted
22
by
the
department
until
the
defendant
installs
the
ignition
23
interlock
device.
24
Sec.
5.
Section
321J.12,
subsection
2,
Code
2024,
is
amended
25
to
read
as
follows:
26
2.
The
department
shall
require
the
defendant
to
install
27
an
ignition
interlock
device
of
a
type
approved
by
the
28
commissioner
of
public
safety
on
all
vehicles
owned
or
29
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
30
restricted
license.
However,
if
the
defendant
has
had
no
31
previous
conviction
or
revocation
under
this
chapter
,
the
32
department
shall
only
require
the
defendant
to
install
an
33
approved
ignition
interlock
device
on
all
vehicles
operated
by
34
the
defendant
if
the
defendant
seeks
a
temporary
restricted
35
-3-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
3/
8
license.
A
temporary
restricted
license
shall
not
be
granted
1
by
the
department
until
the
defendant
installs
the
ignition
2
interlock
device.
3
Sec.
6.
Section
321J.17,
subsection
3,
Code
2024,
is
amended
4
to
read
as
follows:
5
3.
a.
The
department
shall
also
require
certification
of
6
installation
of
an
ignition
interlock
device
of
a
type
approved
7
by
the
commissioner
of
public
safety
on
all
motor
vehicles
8
owned
or
operated
by
any
a
person
seeking
reinstatement
9
following
a
second
or
subsequent
revocation
under
section
10
321J.4,
321J.9,
or
321J.12
this
chapter,
or
following
a
11
conviction
for
violating
section
321J.21
.
The
12
b.
Unless
otherwise
extended
under
this
chapter,
the
13
requirement
for
the
installation
of
an
approved
ignition
14
interlock
device
shall
be
for
one
year
from
the
date
of
15
reinstatement
unless
a
longer
time
period
is
required
by
16
statute.
17
c.
The
one-year
period
of
time
a
person
is
required
to
18
maintain
an
ignition
interlock
device
under
this
subsection
19
shall
be
reduced
by
any
period
of
time
the
person
held
a
20
valid
temporary
restricted
license
during
the
period
of
the
21
revocation
for
the
occurrence
from
which
the
arrest
arose.
22
d.
The
period
of
time
a
person
is
required
to
maintain
23
an
ignition
interlock
device
under
this
subsection
shall
be
24
increased
if
required
in
accordance
with
the
compliance-based
25
removal
procedures
provided
in
section
321J.17A.
26
e.
A
person
shall
not
operate
any
motor
vehicle
which
27
is
not
equipped
with
an
approved
ignition
interlock
device
28
during
the
period
in
which
an
ignition
interlock
device
must
be
29
maintained,
and
the
department
shall
not
grant
reinstatement
30
unless
the
person
certifies
installation
of
an
ignition
31
interlock
device
as
required
in
this
subsection
.
In
addition
32
to
other
penalties
provided
by
law,
the
department
shall
revoke
33
the
driver’s
license
of
a
person
who
is
required
to
maintain
34
an
ignition
interlock
device
if
the
person
operates
a
motor
35
-4-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
4/
8
vehicle
which
does
not
have
an
approved
ignition
interlock
1
device
or
removes
the
ignition
interlock
device
without
2
authorization.
3
f.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
4
to
implement
this
subsection.
5
Sec.
7.
NEW
SECTION
.
321J.17A
Compliance-based
removal.
6
1.
The
period
of
time
a
person
is
required
to
maintain
an
7
ignition
interlock
device
under
section
321J.17
or
321J.20
8
shall
be
extended
by
an
additional
sixty
days
per
occurrence
9
for
any
of
the
following
occurrences
detected
by
an
ignition
10
interlock
device:
11
a.
Ten
or
more
violations
within
a
thirty-day
period.
12
b.
Five
or
more
violations
within
a
twenty-four-hour
period.
13
c.
Tampering
with
or
attempting
to
circumvent
the
ignition
14
interlock
device.
15
d.
Removing
the
ignition
interlock
device
without
16
authorization.
17
2.
Nothing
in
this
section
limits
the
number
of
subsequent
18
extensions
a
person
may
receive
following
an
occurrence
19
detected
by
an
ignition
interlock
device.
20
3.
The
department
shall
develop
an
electronic
process
in
21
which
an
approved
ignition
interlock
device
provider
is
able
to
22
identify
the
start
date
of
a
driver’s
license
revocation
and
to
23
provide
notice
of
any
violations
and
a
final
compliance
report
24
to
the
department.
25
4.
a.
For
purposes
of
this
section,
a
violation
includes
26
any
of
the
following:
27
(1)
Failing
to
provide
a
detectable
breath
sample
to
the
28
ignition
interlock
device
when
prompted
by
the
device.
29
(2)
Providing
a
breath
sample
to
an
ignition
interlock
30
device
with
an
alcohol
concentration
of
.04
or
more.
31
b.
Notwithstanding
paragraph
“a”
,
it
is
not
a
violation
32
under
this
section
if
a
person
provides
a
detectable
breath
33
sample
and
successfully
passes
a
test
immediately
following
the
34
first
failed
test
or
in
response
to
a
bypass
or
circumvention
35
-5-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
5/
8
attempt
as
described
in
paragraph
“a”
,
and
a
violation
shall
not
1
be
reported.
2
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
3
prescribing
the
form
and
manner
of
communication
pursuant
to
4
this
section,
and
may
otherwise
adopt
rules
as
necessary
to
5
administer
this
section.
6
Sec.
8.
Section
321J.20,
subsections
1,
2,
3,
and
7,
Code
7
2024,
are
amended
to
read
as
follows:
8
1.
The
department
may,
on
application,
issue
a
temporary
9
restricted
license
to
a
person
whose
noncommercial
driver’s
10
license
is
revoked
under
this
chapter
,
or
revoked
or
suspended
11
under
chapter
321
solely
for
violations
of
this
chapter,
or
who
12
has
been
determined
to
be
a
habitual
offender
under
chapter
321
13
based
solely
on
violations
of
this
chapter
or
on
violations
14
listed
in
section
321.560,
subsection
1
,
paragraph
“b”
,
15
allowing
the
person
to
operate
a
motor
vehicle
in
any
manner
16
allowed
for
a
person
issued
a
valid
class
C
driver’s
license,
17
unless
otherwise
prohibited
by
this
chapter
.
This
subsection
18
does
not
apply
to
a
person
under
the
age
of
eighteen
whose
19
license
was
revoked
under
section
321J.2A
,
to
a
person
whose
20
license
was
revoked
under
section
321J.4,
subsection
6
,
for
the
21
period
during
which
the
person
is
ineligible
for
a
temporary
22
restricted
license,
or
to
a
person
whose
license
is
suspended
23
or
revoked
for
another
reason.
24
2.
A
temporary
restricted
license
issued
under
this
section
25
shall
not
be
issued
until
the
applicant
installs
an
approved
26
ignition
interlock
device
on
all
motor
vehicles
owned
or
27
operated
by
the
applicant.
However,
if
the
applicant
has
28
had
no
previous
conviction
or
revocation
under
this
chapter
,
29
a
temporary
restricted
license
issued
under
this
section
30
shall
not
be
issued
until
the
applicant
installs
an
approved
31
ignition
interlock
device
on
all
motor
vehicles
operated
by
32
the
applicant.
Installation
of
an
ignition
interlock
device
33
under
this
section
shall
be
required
for
the
period
of
time
34
for
which
the
temporary
restricted
license
is
issued,
and
for
35
-6-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
6/
8
such
additional
period
of
time
following
reinstatement
as
1
is
required
under
section
321J.17,
subsection
3
.
However,
2
a
person
whose
driver’s
license
or
nonresident
operating
3
privilege
has
been
revoked
under
section
321J.21
may
apply
to
4
the
department
for
a
temporary
restricted
license
without
the
5
requirement
of
an
ignition
interlock
device
if
at
least
twelve
6
years
have
elapsed
since
the
end
of
the
underlying
revocation
7
period
for
a
violation
of
section
321J.2
.
8
3.
In
addition
to
other
penalties
provided
by
law,
a
9
person’s
temporary
restricted
license
shall
be
revoked
if
the
10
person
is
required
to
install
an
ignition
interlock
device
and
11
the
person
does
any
of
the
following:
12
a.
Operates
operates
a
motor
vehicle
which
does
not
have
13
an
approved
ignition
interlock
device
or
removes
the
ignition
14
interlock
device
without
authorization
.
15
b.
Tampers
with
or
circumvents
an
ignition
interlock
device.
16
7.
A
person
who
tampers
with
,
removes
without
17
authorization,
or
circumvents
an
ignition
interlock
device
18
installed
as
required
in
this
chapter
and
while
the
requirement
19
for
the
ignition
interlock
device
is
in
effect
commits
a
20
serious
misdemeanor.
21
Sec.
9.
NEW
SECTION
.
321J.20A
Ignition
interlock
device
——
22
medical
waiver.
23
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
24
establishing
criteria
to
waive
the
requirement
to
install
an
25
ignition
interlock
device
under
this
chapter
if
a
person
has
26
a
verifiable
medical
condition,
as
determined
in
accordance
27
with
the
rules,
that
makes
the
person
incapable
of
properly
28
operating
an
ignition
interlock
device.
The
rules
must
29
align
with
the
special
exception
provisions
under
23
U.S.C.
30
§164(a)(6).
31
2.
Notwithstanding
any
other
provision
of
this
chapter
32
to
the
contrary,
if
the
department
waives
the
requirement
33
to
install
an
ignition
interlock
device,
the
person
is
not
34
required
to
install
an
ignition
interlock
device
to
receive
a
35
-7-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
7/
8
temporary
restricted
license.
1
3.
A
temporary
restricted
license
issued
to
a
person
who
2
received
a
medical
waiver
pursuant
to
this
section
shall
only
3
authorize
the
person
to
operate
a
motor
vehicle
as
described
in
4
section
321.215,
subsection
1,
paragraph
“a”
.
5
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
6
2025.
7
Sec.
11.
APPLICABILITY.
This
Act
applies
to
driver’s
8
license
revocations
under
chapter
321J,
as
amended
in
this
9
Act,
for
which
the
underlying
offense
occurred
on
or
after
the
10
effective
date
of
this
Act.
>
11
______________________________
MEGGERS
of
Grundy
-8-
HF
2423.3999
(1)
90
(amending
this
HF
2423
to
CONFORM
to
SF
2261)
th/ns
8/
8