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of section 6 321J.2 , and the defendant’s driver’s license or nonresident 7 operating privilege has not already been revoked under section 8 321J.9 or 321J.12 for the occurrence from which the arrest 9 arose, the department shall revoke the defendant’s driver’s 10 license or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