House Study Bill 574 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S OFFICE OF DRUG CONTROL POLICY BILL) A BILL FOR An Act relating to the wearing of an alcohol monitoring 1 device as a condition of probation for certain 2 operating-while-intoxicated and related offenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5249DP (5) 83 rh/nh

S.F. _____ H.F. _____ Section 1. Section 321J.1, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. “Continuous alcohol monitoring device” 3 means a portable device that automatically tests breath, blood, 4 or transdermal alcohol concentration levels at least once every 5 thirty minutes, detects tamper attempts regarding such device, 6 and automatically transmits such data to the appropriate 7 judicial district department of correctional services, 8 regardless of the location of the person being monitored. 9 Sec. 2. Section 321J.2, subsection 2, paragraph b, Code 10 2009, is amended to read as follows: 11 b. An aggravated misdemeanor for a second offense, and 12 shall be imprisoned in the county jail or community-based 13 correctional facility not less than seven days, and assessed a 14 fine of not less than one thousand eight hundred seventy-five 15 dollars nor more than six thousand two hundred fifty dollars. 16 In addition, as a condition of probation, the court may order 17 the defendant to abstain from consuming or using alcohol or any 18 product containing alcohol and to wear a continuous alcohol 19 monitoring device for a period of time not to exceed the 20 defendant’s period of probation. 21 Sec. 3. Section 321J.2, subsection 2, paragraph c, Code 22 2009, is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (3) In addition, as a condition of 24 probation, the court may order the defendant to abstain from 25 consuming or using alcohol or any product containing alcohol 26 and to wear a continuous alcohol monitoring device for a period 27 of time not to exceed the defendant’s period of probation. 28 Sec. 4. Section 321J.4, subsection 8, paragraph f, Code 29 Supplement 2009, is amended to read as follows: 30 f. A person who tampers with or circumvents an ignition 31 interlock device installed under a court order while an order 32 is in effect commits a serious misdemeanor. In addition to any 33 other penalty for such violation, as a condition of probation, 34 the court may require the person to refrain from consuming or 35 -1- LSB 5249DP (5) 83 rh/nh 1/ 4

S.F. _____ H.F. _____ using alcohol or any other products containing alcohol and to 1 wear a continuous alcohol monitoring device for a period of 2 time not to exceed the defendant’s period of probation. 3 Sec. 5. Section 321J.21, subsection 1, Code 2009, is amended 4 to read as follows: 5 1. A person whose driver’s license or nonresident operating 6 privilege has been suspended, denied, revoked, or barred due 7 to a violation of this chapter and who drives a motor vehicle 8 while the license or privilege is suspended, denied, revoked, 9 or barred commits a serious misdemeanor. In addition to any 10 other penalties, the punishment imposed for a violation of this 11 subsection shall include assessment of a fine of one thousand 12 dollars. In addition, as a condition of probation, the court 13 may require the person to refrain from consuming or using 14 alcohol or any other products containing alcohol and to wear a 15 continuous alcohol monitoring device for a period of time not 16 to exceed the defendant’s period of probation. 17 Sec. 6. Section 902.9, Code 2009, is amended by adding the 18 following new unnumbered paragraph: 19 NEW UNNUMBERED PARAGRAPH . In addition to the penalties set 20 forth in this section or elsewhere in the Code, the court may 21 order the defendant, as a condition of probation, to abstain 22 from consuming or using alcohol or any product containing 23 alcohol and to wear a continuous alcohol monitoring device for 24 a period of time not to exceed the length of the defendant’s 25 period of probation. 26 Sec. 7. Section 903.1, Code 2009, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 5. In addition to the penalties set forth 29 in this section or elsewhere in the Code, the court may order 30 the defendant, as a condition of probation, to abstain from 31 consuming or using alcohol or any product containing alcohol 32 and to wear a continuous alcohol monitoring device for a period 33 of time not to exceed the length of the defendant’s period of 34 probation. 35 -2- LSB 5249DP (5) 83 rh/nh 2/ 4

S.F. _____ H.F. _____ Sec. 8. Section 907.6, Code 2009, is amended to read as 1 follows: 2 907.6 Conditions of probation —— regulations. 3 1. Probationers are subject to the conditions established 4 by the judicial district department of correctional services 5 subject to the approval of the court, and any additional 6 reasonable conditions which the court or district department 7 may impose to promote rehabilitation of the defendant or 8 protection of the community. Conditions may include but are 9 not limited to adherence to regulations generally applicable 10 to persons released on parole and including requiring unpaid 11 community service as allowed pursuant to section 907.13. 12 2. In addition to any other conditions or penalties 13 applicable pursuant to this section or elsewhere in the Code, 14 the court may order or the judicial district department of 15 correctional services may require, subject to the approval 16 of the court, that as a condition of probation the defendant 17 abstain from consuming or using alcohol or any product 18 containing alcohol and wear a continuous alcohol monitoring 19 device for a period of time not to exceed the length of the 20 defendant’s period of probation. 21 EXPLANATION 22 This bill provides that a person who is placed on 23 probation for a conviction of a second or subsequent 24 operating-while-intoxicated offense, who tampers with or 25 circumvents an ignition interlock device installed under a 26 court order while an order is in effect, or who drives a motor 27 vehicle while the person’s driver’s license or nonresident 28 operating privilege is suspended, denied, revoked, or barred 29 may be required by the court to refrain from consuming or using 30 alcohol or any other products containing alcohol and to wear a 31 continuous alcohol monitoring device for a period of time not 32 to exceed the defendant’s period of probation. 33 The bill makes conforming changes to general sentencing 34 provisions relating to felons and misdemeanants, and for 35 -3- LSB 5249DP (5) 83 rh/nh 3/ 4

S.F. _____ H.F. _____ persons on probation. 1 The bill defines a continuous alcohol monitoring device as 2 a portable device that automatically tests breath, blood, or 3 transdermal alcohol concentration levels at least once every 4 30 minutes, detects tamper attempts regarding such device, and 5 automatically transmits such data to the appropriate judicial 6 district department of correctional services, regardless of the 7 location of the person being monitored. 8 -4- LSB 5249DP (5) 83 rh/nh 4/ 4