Senate
File
2251
-
Introduced
SENATE
FILE
2251
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3173)
A
BILL
FOR
An
Act
relating
to
driver’s
license
sanctions,
including
1
the
issuance
of
temporary
restricted
licenses
and
certain
2
requirements
relating
to
ignition
interlock
devices,
and
3
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5407SV
(1)
83
rh/nh
S.F.
2251
Section
1.
Section
321.215,
subsection
2,
Code
2009,
is
1
amended
to
read
as
follows:
2
2.
a.
Upon
conviction
and
the
suspension
or
revocation
3
of
a
person’s
noncommercial
driver’s
license
under
section
4
321.209,
subsection
5
or
6
;
,
or
section
321.210
;
,
321.210A
;
,
or
5
321.513;
or
upon
revocation
pursuant
to
a
court
order
issued
6
under
section
901.5,
subsection
10;
or
upon
the
denial
of
7
issuance
of
a
noncommercial
driver’s
license
under
section
8
321.560,
based
solely
on
offenses
enumerated
in
section
9
321.555,
subsection
1,
paragraph
“c”
,
or
section
321.555,
10
subsection
2;
or
a
juvenile,
whose
license
has
been
suspended
11
or
revoked
upon
suspension
or
revocation
of
a
juvenile’s
12
driver’s
license
pursuant
to
a
dispositional
order
under
13
section
232.52,
subsection
2,
paragraph
“a”
,
for
a
violation
14
of
chapter
124
or
453B,
or
section
126.3;
or
upon
suspension
15
of
a
driver’s
license
pursuant
to
a
court
order
under
section
16
714.7D,
a
the
person
may
petition
the
district
court
having
17
jurisdiction
over
the
residence
of
the
person
apply
to
the
18
department
for
a
temporary
restricted
license
to
operate
a
19
motor
vehicle
for
the
limited
purpose
or
purposes
specified
in
20
subsection
1.
The
petition
shall
include
a
current
certified
21
copy
of
the
petitioner’s
official
driving
record
issued
by
the
22
department.
The
application
may
be
granted
only
if
all
of
the
23
following
criteria
are
satisfied:
24
(1)
a.
The
temporary
restricted
license
is
requested
only
25
for
a
case
of
extreme
hardship
or
compelling
circumstances
26
where
alternative
means
of
transportation
do
not
exist.
27
(2)
The
license
applicant
has
not
made
an
application
for
a
28
temporary
restricted
license
in
any
district
court
in
the
state
29
which
was
denied.
30
(3)
b.
The
temporary
restricted
license
is
restricted
to
31
the
limited
purpose
or
purposes
specified
in
subsection
1
at
32
times
specified
in
the
license.
33
(4)
c.
Proof
of
financial
responsibility
is
established
as
34
defined
in
chapter
321A.
However,
such
proof
is
not
required
35
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2251
if
the
driver’s
license
was
suspended
under
section
321.210A
1
or
321.513
or
revoked
pursuant
to
a
court
order
issued
under
2
section
901.5,
subsection
10.
3
b.
If
the
district
court
determines
that
a
temporary
4
restricted
license
is
necessary,
the
court
shall
order
5
the
department
to
issue
a
temporary
restricted
license
to
6
the
applicant.
The
court
shall
forward
a
record
of
each
7
application
for
a
temporary
restricted
license
to
the
8
department,
together
with
the
results
of
the
disposition
of
the
9
request
by
the
court.
10
Sec.
2.
Section
321.560,
subsection
1,
paragraph
b,
Code
11
2009,
is
amended
to
read
as
follows:
12
b.
A
temporary
restricted
license
may
be
issued
pursuant
to
13
section
321J.4,
subsection
9
321J.20,
subsection
2
,
to
a
person
14
declared
to
be
a
habitual
offender
due
to
a
combination
of
the
15
offenses
listed
under
section
321.555,
subsection
1,
paragraphs
16
“b”
and
“c”
.
17
Sec.
3.
Section
321J.2,
subsection
2,
paragraph
a,
18
subparagraph
(3),
subparagraph
divisions
(a)
and
(b),
Code
19
2009,
are
amended
to
read
as
follows:
20
(a)
A
defendant
whose
alcohol
concentration
is
.08
or
21
more
but
not
more
than
.10
shall
not
be
eligible
for
any
22
temporary
restricted
license
for
at
least
thirty
days
if
a
23
test
was
obtained
and
an
accident
resulting
in
personal
injury
24
or
property
damage
occurred.
The
department
shall
require
25
the
defendant
shall
be
ordered
to
install
an
ignition
interlock
26
device
of
a
type
approved
by
the
commissioner
of
public
safety
27
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
28
defendant
seeks
a
temporary
restricted
license.
There
shall
be
29
no
such
period
of
ineligibility
if
no
such
accident
occurred,
30
and
the
defendant
shall
not
be
ordered
required
to
install
an
31
ignition
interlock
device.
32
(b)
A
defendant
whose
alcohol
concentration
is
more
than
.10
33
shall
not
be
eligible
for
any
temporary
restricted
license
for
34
at
least
thirty
days
if
a
test
was
obtained,
and
an
accident
35
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5407SV
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83
rh/nh
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15
S.F.
2251
resulting
in
personal
injury
or
property
damage
occurred
or
the
1
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
2
no
such
period
of
ineligibility
if
no
such
accident
occurred
3
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
4
In
either
case,
where
a
defendant’s
alcohol
concentration
is
5
more
than
.10,
the
department
shall
require
the
defendant
shall
6
be
ordered
to
install
an
ignition
interlock
device
of
a
type
7
approved
by
the
commissioner
of
public
safety
on
all
vehicles
8
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
9
temporary
restricted
license.
10
Sec.
4.
Section
321J.4,
subsections
1
and
2,
Code
Supplement
11
2009,
are
amended
to
read
as
follows:
12
1.
If
a
defendant
is
convicted
of
a
violation
of
section
13
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
14
operating
privilege
has
not
been
revoked
under
section
321J.9
15
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
16
department
shall
revoke
the
defendant’s
driver’s
license
or
17
nonresident
operating
privilege
for
one
hundred
eighty
days
18
if
the
defendant
submitted
to
chemical
testing
and
has
had
19
no
previous
conviction
or
revocation
under
this
chapter
and
20
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
21
operating
privilege
for
one
year
if
the
defendant
refused
to
22
submit
to
chemical
testing
and
has
had
no
previous
conviction
23
or
revocation
under
this
chapter
.
The
defendant
shall
not
be
24
eligible
for
any
temporary
restricted
license
for
at
least
25
ninety
days
if
a
test
was
refused
under
section
321J.9.
The
26
department
may
presume
the
defendant
refused
chemical
testing
27
absent
evidence
the
defendant
submitted
to
chemical
testing.
28
a.
A
defendant
whose
alcohol
concentration
is
.08
or
29
more
but
not
more
than
.10
shall
not
be
eligible
for
any
30
temporary
restricted
license
for
at
least
thirty
days
if
a
31
test
was
obtained
and
an
accident
resulting
in
personal
injury
32
or
property
damage
occurred.
The
department
shall
require
33
the
defendant
shall
be
ordered
to
install
an
ignition
interlock
34
device
of
a
type
approved
by
the
commissioner
of
public
safety
35
-3-
LSB
5407SV
(1)
83
rh/nh
3/
15
S.F.
2251
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
1
defendant
seeks
a
temporary
restricted
license.
There
shall
be
2
no
such
period
of
ineligibility
if
no
such
accident
occurred,
3
and
the
defendant
shall
not
be
ordered
required
to
install
an
4
ignition
interlock
device.
5
b.
A
defendant
whose
alcohol
concentration
is
more
than
.10
6
shall
not
be
eligible
for
any
temporary
restricted
license
for
7
at
least
thirty
days
if
a
test
was
obtained
and
an
accident
8
resulting
in
personal
injury
or
property
damage
occurred
or
the
9
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
10
no
such
period
of
ineligibility
if
no
such
accident
occurred
11
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
12
In
either
case,
where
a
defendant’s
alcohol
concentration
is
13
more
than
.10,
the
department
shall
require
the
defendant
shall
14
be
ordered
to
install
an
ignition
interlock
device
of
a
type
15
approved
by
the
commissioner
of
public
safety
on
all
vehicles
16
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
17
temporary
restricted
license.
18
c.
If
the
defendant
is
under
the
age
of
twenty-one,
the
19
defendant
shall
not
be
eligible
for
a
temporary
restricted
20
license
for
at
least
sixty
days
after
the
effective
date
of
21
revocation.
22
2.
If
a
defendant
is
convicted
of
a
violation
of
section
23
321J.2,
and
the
defendant’s
driver’s
license
or
nonresident
24
operating
privilege
has
not
already
been
revoked
under
section
25
321J.9
or
321J.12
for
the
occurrence
from
which
the
arrest
26
arose,
the
department
shall
revoke
the
defendant’s
driver’s
27
license
or
nonresident
operating
privilege
for
two
years
one
28
year
if
the
defendant
submitted
to
chemical
testing
and
has
29
had
a
previous
conviction
or
revocation
under
this
chapter
and
30
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
31
operating
privilege
for
two
years
if
the
defendant
refused
to
32
submit
to
chemical
testing
and
has
had
a
previous
revocation
33
under
this
chapter
.
The
defendant
shall
not
be
eligible
for
34
any
temporary
restricted
license
for
forty-five
days
after
the
35
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2251
effective
date
of
revocation
if
the
defendant
submitted
to
1
chemical
testing
and
shall
not
be
eligible
for
any
temporary
2
restricted
license
for
ninety
days
after
the
effective
date
3
of
revocation
if
the
defendant
refused
chemical
testing
.
4
The
department
may
presume
the
defendant
refused
chemical
5
testing
absent
evidence
the
defendant
submitted
to
chemical
6
testing.
A
temporary
restricted
license
issued
under
this
7
section
shall
be
issued
in
accordance
with
section
321J.20,
8
subsection
2.
The
department
shall
require
the
defendant
shall
9
be
ordered
to
install
an
ignition
interlock
device
of
a
type
10
approved
by
the
commissioner
of
public
safety
on
all
vehicles
11
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
12
temporary
restricted
license
at
the
end
of
the
minimum
period
13
of
ineligibility.
A
temporary
restricted
license
shall
not
14
be
granted
by
the
department
until
the
defendant
installs
the
15
ignition
interlock
device.
16
Sec.
5.
Section
321J.4,
subsection
3,
paragraphs
a
and
b,
17
Code
Supplement
2009,
are
amended
to
read
as
follows:
18
a.
A
defendant
whose
alcohol
concentration
is
.08
or
19
more
but
not
more
than
.10
shall
not
be
eligible
for
any
20
temporary
restricted
license
for
at
least
thirty
days
if
a
21
test
was
obtained
and
an
accident
resulting
in
personal
injury
22
or
property
damage
occurred.
The
department
shall
require
23
the
defendant
shall
be
ordered
to
install
an
ignition
interlock
24
device
of
a
type
approved
by
the
commissioner
of
public
safety
25
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
26
defendant
seeks
a
temporary
restricted
license.
There
shall
be
27
no
such
period
of
ineligibility
if
no
such
accident
occurred,
28
and
the
defendant
shall
not
be
ordered
required
to
install
an
29
ignition
interlock
device.
30
b.
A
defendant
whose
alcohol
concentration
is
more
than
.10
31
shall
not
be
eligible
for
any
temporary
restricted
license
for
32
at
least
thirty
days
if
a
test
was
obtained
and
an
accident
33
resulting
in
personal
injury
or
property
damage
occurred
or
the
34
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
35
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5407SV
(1)
83
rh/nh
5/
15
S.F.
2251
no
such
period
of
ineligibility
if
no
such
accident
occurred
1
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
2
In
either
case,
where
a
defendant’s
alcohol
concentration
is
3
more
than
.10,
the
department
shall
require
the
defendant
shall
4
be
ordered
to
install
an
ignition
interlock
device
of
a
type
5
approved
by
the
commissioner
of
public
safety
on
all
vehicles
6
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
7
temporary
restricted
license.
8
Sec.
6.
Section
321J.4,
subsection
4,
Code
Supplement
2009,
9
is
amended
to
read
as
follows:
10
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
11
violation
of
section
321J.2,
the
court
shall
order
the
12
department
to
shall
revoke
the
defendant’s
driver’s
license
13
or
nonresident
operating
privilege
for
a
period
of
six
years.
14
The
defendant
shall
not
be
eligible
for
a
temporary
restricted
15
license
for
at
least
one
year
after
the
effective
date
of
the
16
revocation.
The
court
shall
require
the
defendant
to
surrender
17
to
it
all
Iowa
licenses
or
permits
held
by
the
defendant,
18
which
the
court
shall
forward
to
the
department
with
a
copy
19
of
the
order
for
revocation.
The
department
shall
require
20
the
defendant
shall
be
ordered
to
install
an
ignition
interlock
21
device
of
a
type
approved
by
the
commissioner
of
public
safety
22
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
23
defendant
seeks
a
temporary
restricted
license
at
the
end
of
24
the
minimum
period
of
ineligibility.
A
temporary
restricted
25
license
shall
not
be
granted
by
the
department
until
the
26
defendant
installs
the
ignition
interlock
device.
27
Sec.
7.
Section
321J.4,
subsection
9,
Code
Supplement
2009,
28
is
amended
by
striking
the
subsection.
29
Sec.
8.
Section
321J.9,
subsection
2,
Code
2009,
is
amended
30
to
read
as
follows:
31
2.
a.
A
person
whose
driver’s
license
or
nonresident
32
operating
privileges
are
revoked
under
subsection
1
,
paragraph
33
“a”
,
shall
not
be
eligible
for
a
temporary
restricted
license
34
for
at
least
ninety
days
after
the
effective
date
of
the
35
-6-
LSB
5407SV
(1)
83
rh/nh
6/
15
S.F.
2251
revocation.
A
person
whose
driver’s
license
or
nonresident
1
operating
privileges
are
revoked
under
subsection
1
,
paragraph
2
“b”
,
shall
not
be
eligible
for
a
temporary
restricted
3
license
for
at
least
one
year
after
the
effective
date
of
the
4
revocation.
5
b.
The
department
shall
require
the
defendant
shall
be
6
ordered
to
install
an
ignition
interlock
device
of
a
type
7
approved
by
the
commissioner
of
public
safety
on
all
vehicles
8
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
9
temporary
restricted
license
at
the
end
of
the
minimum
period
10
of
ineligibility.
A
temporary
restricted
license
shall
not
11
be
granted
by
the
department
until
the
defendant
installs
the
12
ignition
interlock
device.
13
Sec.
9.
Section
321J.12,
subsection
2,
Code
2009,
is
amended
14
to
read
as
follows:
15
2.
a.
A
person
whose
driver’s
license
or
nonresident
16
operating
privileges
have
been
revoked
under
subsection
1,
17
paragraph
“a”
,
whose
alcohol
concentration
is
.08
or
more
but
18
not
more
than
.10
shall
not
be
eligible
for
any
temporary
19
restricted
license
for
at
least
thirty
days
after
the
effective
20
date
of
the
revocation
if
a
test
was
obtained
and
an
accident
21
resulting
in
personal
injury
or
property
damage
occurred.
The
22
department
shall
require
the
defendant
shall
be
ordered
to
23
install
an
ignition
interlock
device
of
a
type
approved
by
24
the
commissioner
of
public
safety
on
all
vehicles
owned
or
25
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
26
license.
There
shall
be
no
such
period
of
ineligibility
if
27
no
such
accident
occurred,
and
the
defendant
shall
not
be
28
ordered
required
to
install
an
ignition
interlock
device.
29
b.
A
defendant
whose
alcohol
concentration
is
more
than
.10
30
shall
not
be
eligible
for
any
temporary
restricted
license
for
31
at
least
thirty
days
if
a
test
was
obtained
and
an
accident
32
resulting
in
personal
injury
or
property
damage
occurred
or
the
33
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
34
no
such
period
of
ineligibility
if
no
such
accident
occurred
35
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and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
1
In
either
case,
where
a
defendant’s
alcohol
concentration
is
2
more
than
.10,
the
department
shall
require
the
defendant
shall
3
be
ordered
to
install
an
ignition
interlock
device
of
a
type
4
approved
by
the
commissioner
of
public
safety
on
all
vehicles
5
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
6
temporary
restricted
license.
7
c.
If
the
person
is
under
the
age
of
twenty-one,
the
person
8
shall
not
be
eligible
for
a
temporary
restricted
license
for
at
9
least
sixty
days
after
the
effective
date
of
the
revocation.
10
d.
A
person
whose
license
or
privileges
have
been
revoked
11
under
subsection
1,
paragraph
“b”
,
for
one
year
shall
not
12
be
eligible
for
any
temporary
restricted
license
for
one
13
year
after
the
effective
date
of
the
revocation,
and
the
14
department
shall
require
the
person
shall
be
ordered
to
15
install
an
ignition
interlock
device
of
a
type
approved
by
the
16
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
17
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
18
license
at
the
end
of
the
minimum
period
of
ineligibility.
19
A
temporary
restricted
license
issued
under
this
paragraph
20
shall
be
issued
pursuant
to
section
321J.20,
subsection
2.
A
21
temporary
restricted
license
shall
not
be
granted
by
the
22
department
until
the
defendant
installs
the
ignition
interlock
23
device.
24
Sec.
10.
Section
321J.17,
subsection
3,
Code
2009,
is
25
amended
to
read
as
follows:
26
3.
The
department
shall
also
require
certification
of
27
installation
of
an
ignition
interlock
device
of
a
type
approved
28
by
the
commissioner
of
public
safety
on
all
motor
vehicles
29
owned
or
operated
by
any
person
seeking
reinstatement
following
30
a
second
or
subsequent
conviction
for
a
violation
of
section
31
321J.2
revocation
under
section
321J.4,
321J.9,
or
321J.12
,
32
unless
such
a
person
has
previously
received
a
temporary
33
restricted
license
during
the
term
of
the
revocation
as
34
authorized
by
this
chapter.
The
requirement
for
the
35
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installation
of
an
approved
ignition
interlock
device
shall
be
1
for
one
year
from
the
date
of
reinstatement
unless
a
different
2
time
period
is
required
by
statute.
3
Sec.
11.
Section
321J.20,
Code
2009,
is
amended
to
read
as
4
follows:
5
321J.20
Temporary
restricted
license
——
ignition
interlock
6
devices
.
7
1.
a.
The
department
may,
on
application,
issue
a
temporary
8
restricted
license
to
a
person
whose
noncommercial
driver’s
9
license
is
revoked
under
this
chapter
allowing
the
person
to
10
drive
to
and
from
the
person’s
home
and
specified
places
at
11
specified
times
which
can
be
verified
by
the
department
and
12
which
are
required
by
the
person’s
full-time
or
part-time
13
employment,
continuing
health
care
or
the
continuing
health
14
care
of
another
who
is
dependent
upon
the
person,
continuing
15
education
while
enrolled
in
an
educational
institution
on
a
16
part-time
or
full-time
basis
and
while
pursuing
a
course
of
17
study
leading
to
a
diploma,
degree,
or
other
certification
of
18
successful
educational
completion,
substance
abuse
treatment,
19
court-ordered
community
service
responsibilities,
and
20
appointments
with
the
person’s
parole
or
probation
officer
if
21
the
person’s
driver’s
license
has
not
been
revoked
previously
22
under
section
321J.4,
321J.9,
or
321J.12
and
if
any
of
the
23
following
apply:
24
a.
(1)
The
person’s
noncommercial
driver’s
license
25
is
revoked
under
section
321J.4
and
the
minimum
period
of
26
ineligibility
for
issuance
of
a
temporary
restricted
license
27
has
expired.
This
subsection
shall
not
apply
to
a
revocation
28
ordered
under
section
321J.4
resulting
from
a
plea
or
verdict
29
of
guilty
of
a
violation
of
section
321J.2
that
involved
a
30
death.
31
b.
(2)
The
person’s
noncommercial
driver’s
license
is
32
revoked
under
section
321J.9
and
the
person
has
entered
a
plea
33
of
guilty
on
a
charge
of
a
violation
of
section
321J.2
which
34
arose
from
the
same
set
of
circumstances
which
resulted
in
35
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the
person’s
driver’s
license
revocation
under
section
321J.9
1
and
the
guilty
plea
is
not
withdrawn
at
the
time
of
or
after
2
application
for
the
temporary
restricted
license,
and
the
3
minimum
period
of
ineligibility
for
issuance
of
a
temporary
4
restricted
license
has
expired.
5
c.
(3)
The
person’s
noncommercial
driver’s
license
is
6
revoked
under
section
321J.12,
and
the
minimum
period
of
7
ineligibility
for
issuance
of
a
temporary
restricted
license
8
has
expired.
9
b.
However,
a
A
temporary
restricted
license
may
be
issued
10
under
this
subsection
if
the
person’s
noncommercial
driver’s
11
license
is
revoked
for
two
years
under
section
321J.9
,
and
the
12
revocation
is
a
second
revocation
under
this
chapter
section
13
321J.4,
subsection
2,
or
section
321J.9,
subsection
1,
14
paragraph
“b”
,
and
the
first
three
hundred
sixty-five
days
of
15
the
revocation
have
expired.
16
2.
c.
This
section
subsection
does
not
apply
to
a
person
17
whose
license
was
revoked
under
section
321J.2A
or
section
18
321J.4,
subsection
4
or
6,
or
to
a
person
whose
license
is
19
suspended
or
revoked
for
another
reason.
20
d.
Following
the
applicable
minimum
period
of
ineligibility,
21
a
temporary
restricted
license
under
this
subsection
shall
not
22
be
issued
until
the
applicant
installs
an
ignition
interlock
23
device
of
a
type
approved
by
the
commissioner
of
public
safety
24
on
all
motor
vehicles
owned
or
operated
by
the
applicant
in
25
accordance
with
section
321J.2,
321J.4,
321J.9,
or
321J.12.
26
Installation
of
an
ignition
interlock
device
under
this
27
subsection
shall
be
required
for
the
period
of
time
for
which
28
the
temporary
restricted
license
is
issued.
29
2.
a.
A
person
whose
noncommercial
driver’s
license
has
30
either
been
revoked
under
this
chapter,
or
revoked
or
suspended
31
under
chapter
321
solely
for
violations
of
this
chapter,
or
who
32
has
been
determined
to
be
a
habitual
offender
under
chapter
321
33
based
solely
on
violations
of
this
chapter
or
on
violations
34
listed
in
section
321.560,
subsection
1,
paragraph
“b”
,
and
35
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who
is
not
eligible
for
a
temporary
restricted
license
under
1
subsection
1
may
apply
to
the
department
upon
the
expiration
of
2
the
minimum
period
of
ineligibility
for
a
temporary
restricted
3
license
provided
for
under
section
321J.4,
321J.9,
321J.12,
4
or
321.560
for
a
temporary
restricted
license
notwithstanding
5
section
321.560.
6
b.
The
department
shall
determine
if
the
temporary
7
restricted
license
is
necessary
for
the
person
to
maintain
the
8
person’s
present
employment.
However,
a
temporary
restricted
9
license
shall
not
be
issued
for
a
violation
of
section
321J.2A
10
or
to
a
person
under
the
age
of
twenty-one
whose
license
is
11
revoked
under
section
321J.4,
321J.9,
or
321J.12.
If
the
12
department
determines
that
the
temporary
restricted
license
13
is
necessary
for
the
person
to
maintain
the
person’s
present
14
employment,
and
that
the
minimum
period
of
ineligibility
for
15
receipt
of
a
temporary
restricted
license
has
expired,
the
16
department
may
issue
to
the
person
a
temporary
restricted
17
license
conditioned
upon
the
installation
of
an
approved
18
ignition
interlock
device
on
all
motor
vehicles
owned
or
19
operated
by
the
person.
A
person
whose
driver’s
license
or
20
nonresident
operating
privilege
has
been
revoked
under
section
21
321J.21
may
apply
to
the
department
for
a
temporary
restricted
22
license
without
the
requirement
of
an
ignition
interlock
device
23
if
at
least
twelve
years
have
elapsed
since
the
end
of
the
24
underlying
revocation
period
for
a
violation
of
section
321J.2.
25
c.
Notwithstanding
paragraph
“b”
,
a
temporary
restricted
26
license
issued
to
a
person
whose
noncommercial
driver’s
license
27
has
been
revoked
under
section
321J.4,
subsection
2,
section
28
321J.9,
subsection
1,
paragraph
“b”
,
or
section
321J.12,
29
subsection
1,
paragraph
“b”
,
may
not
be
issued
for
any
purpose
30
not
permitted
by
23
U.S.C.
§
164.
This
restriction
applies
31
only
during
the
first
three
hundred
sixty-five
days
of
the
32
person’s
revocation
period.
33
3.
If
a
person
required
to
install
an
ignition
interlock
34
device
operates
a
motor
vehicle
which
does
not
have
an
approved
35
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2251
ignition
interlock
device
or
if
the
person
tampers
with
or
1
circumvents
an
ignition
interlock
device,
in
addition
to
other
2
penalties
provided,
the
person’s
temporary
restricted
license
3
shall
be
revoked.
4
3.
4.
A
person
holding
a
temporary
restricted
license
5
issued
by
the
department
under
this
section
shall
not
operate
6
a
motor
vehicle
for
pleasure.
7
4.
5.
A
person
holding
a
temporary
restricted
license
8
issued
by
the
department
under
this
section
shall
not
operate
9
a
commercial
motor
vehicle
on
a
highway
if
a
commercial
10
driver’s
license
is
required
for
the
person’s
operation
of
the
11
commercial
motor
vehicle.
12
5.
6.
A
person
holding
a
temporary
license
issued
by
13
the
department
under
this
chapter
shall
be
prohibited
from
14
operating
a
school
bus.
15
6.
Following
certain
minimum
periods
of
ineligibility,
a
16
temporary
restricted
license
under
this
section
shall
not
be
17
issued
until
such
time
as
the
applicant
installs
an
ignition
18
interlock
device
of
a
type
approved
by
the
commissioner
of
19
public
safety
on
all
motor
vehicles
owned
or
operated
by
the
20
applicant,
in
accordance
with
section
321J.2
,
321J.4
,
321J.9
,
21
or
321J.12
.
Installation
of
an
ignition
interlock
device
under
22
this
section
shall
be
required
for
the
period
of
time
for
which
23
the
temporary
restricted
license
is
issued.
24
7.
Notwithstanding
any
provision
of
this
chapter
to
the
25
contrary,
the
department
may
issue
a
temporary
restricted
26
license
to
a
person
otherwise
eligible
for
a
temporary
27
restricted
license
under
this
section,
whose
period
of
28
revocation
under
this
chapter
has
expired,
but
who
has
not
met
29
all
requirements
for
reinstatement
of
the
person’s
driver’s
30
license
or
nonresident
operating
privileges.
31
8.
A
person
who
tampers
with
or
circumvents
an
ignition
32
interlock
device
installed
as
required
in
this
chapter
and
33
while
the
requirement
for
the
ignition
interlock
device
is
in
34
effect
commits
a
serious
misdemeanor.
35
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Sec.
12.
Section
707.6A,
subsection
1,
Code
2009,
is
amended
1
to
read
as
follows:
2
1.
A
person
commits
a
class
“B”
felony
when
the
person
3
unintentionally
causes
the
death
of
another
by
operating
a
4
motor
vehicle
while
intoxicated,
as
prohibited
by
section
5
321J.2.
6
1A.
Upon
a
plea
or
verdict
of
guilty
of
a
violation
of
7
this
subsection
1
,
the
court
shall
do
the
following:
8
a.
Order
the
state
department
of
transportation
to
revoke
9
the
defendant’s
driver’s
license
or
nonresident
operating
10
privileges
for
a
period
of
six
years.
The
defendant
shall
11
surrender
to
the
court
any
Iowa
license
or
permit
and
the
court
12
shall
forward
the
license
or
permit
to
the
department
with
13
a
copy
of
the
revocation
order
of
conviction
.
Upon
receipt
14
of
the
order
of
conviction,
the
department
shall
revoke
the
15
defendant’s
driver’s
license
or
nonresident
operating
privilege
16
for
a
period
of
six
years.
The
defendant
shall
not
be
eligible
17
for
a
temporary
restricted
license
for
at
least
two
years
after
18
the
revocation.
19
1B.
b.
Order
Upon
a
plea
or
verdict
of
guilty
of
a
20
violation
of
subsection
1,
the
court
shall
order
the
defendant,
21
at
the
defendant’s
expense,
to
do
the
following:
22
a.
(1)
Enroll,
attend,
and
satisfactorily
complete
a
course
23
for
drinking
drivers,
as
provided
in
section
321J.22.
24
b.
(2)
Submit
to
evaluation
and
treatment
or
rehabilitation
25
services.
26
1C.
c.
A
driver’s
license
or
nonresident
operating
27
privilege
shall
not
be
reinstated
until
proof
of
completion
of
28
the
requirements
of
paragraph
“b”
subsection
1B
is
presented
to
29
the
department.
30
1D.
d.
Where
the
program
is
available
and
appropriate
for
31
the
defendant,
the
court
shall
also
order
the
defendant
to
32
participate
in
a
reality
education
substance
abuse
prevention
33
program
as
provided
in
section
321J.24.
34
EXPLANATION
35
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This
bill
relates
to
driver’s
license
sanctions,
including
1
the
issuance
of
temporary
restricted
licenses
and
certain
2
requirements
relating
to
ignition
interlock
devices,
and
3
provides
a
penalty.
4
The
bill
amends
Code
section
321.215
to
allow
the
department
5
of
transportation
to
issue
a
temporary
restricted
license
to
6
a
person
whose
noncommercial
driver’s
license
is
suspended
or
7
revoked
under
Code
chapter
321
(motor
vehicles
and
laws
of
the
8
road)
without
requiring
the
court
to
order
the
department
to
9
do
so.
10
The
bill
amends
Code
section
321J.2
(Iowa’s
operating
11
while
intoxicated
(OWI)
law)
to
allow
the
department
of
12
transportation
to
issue
a
temporary
restricted
license
under
13
Code
chapter
321J
without
requiring
the
court
to
order
the
14
department
to
do
so.
The
bill
makes
conforming
changes
to
Code
15
sections
321J.4
(revocations
relating
to
OWI
offenses),
321J.9
16
(refusals
to
submit
to
chemical
testing),
and
321J.12
(test
17
result
revocations).
18
The
bill
amends
Code
section
321J.4
(revocations
for
OWI
19
offenses)
to
allow
repeat
(second
or
subsequent)
OWI
offenders
20
to
obtain
a
temporary
restricted
license
after
a
45-day
hard
21
suspension
in
compliance
with
the
purposes
allowed
under
22
federal
law,
pursuant
to
23
U.S.C.
§
164
(minimum
penalties
23
for
repeat
offenders
for
driving
while
intoxicated
or
driving
24
under
the
influence).
Corresponding
changes
are
made
in
Code
25
sections
321J.9,
321J.12,
and
321J.20
(temporary
restricted
26
licenses
issued
for
revocations
under
Code
chapter
321J).
27
The
bill
also
amends
Code
section
321J.4,
to
allow
the
28
department
of
transportation
to
trigger
the
six-year
revocation
29
period
for
a
third
or
subsequent
OWI
conviction
upon
the
30
department’s
receipt
of
the
order
of
conviction,
rather
than
31
requiring
the
court
to
order
the
department
to
impose
the
32
revocation.
33
The
bill
amends
Code
section
321J.9
to
allow
a
person
whose
34
license
is
revoked
after
refusing
to
submit
to
chemical
testing
35
-14-
LSB
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83
rh/nh
14/
15
S.F.
2251
for
OWI
and
who
has
a
previous
OWI
revocation
to
apply
for
a
1
temporary
restricted
license
after
a
hard
90-day
revocation.
2
Under
current
law,
a
person
is
not
eligible
for
a
temporary
3
restricted
license
for
at
least
one
year
after
the
effective
4
date
of
the
revocation.
5
The
bill
amends
Code
section
321J.12
to
allow
second
and
6
subsequent
OWI
offenders
to
obtain
a
temporary
restricted
7
license
after
a
45-day
hard
suspension
in
compliance
with
the
8
purposes
allowed
under
23
U.S.C.
§
164.
Conforming
changes
are
9
made
in
Code
sections
321J.4,
321J.9,
and
321J.20.
10
The
bill
amends
Code
section
321J.17
to
clarify
that
an
11
ignition
interlock
device
is
required
following
a
second
or
12
subsequent
OWI
offense
revocation
rather
than
a
second
or
13
subsequent
OWI
conviction.
14
The
bill
amends
Code
section
321J.20
to
allow
second
or
15
subsequent
OWI
offenders
to
obtain
a
temporary
restricted
16
license
after
a
45-day
hard
suspension
in
compliance
with
the
17
purposes
allowed
under
23
U.S.C.
§
164.
The
bill
provides
18
that
a
person
who
tampers
with
or
circumvents
an
ignition
19
interlock
device
installed
as
required
under
Code
chapter
321J
20
and
while
the
requirement
for
the
ignition
interlock
device
is
21
in
effect
commits
a
serious
misdemeanor.
A
serious
misdemeanor
22
is
punishable
by
confinement
for
no
more
than
one
year
and
23
a
fine
of
at
least
$315
but
not
more
than
$1,875.
Current
24
law
provides
that
a
person
who
tampers
with
or
circumvents
25
an
ignition
interlock
device
installed
under
a
court
order
26
while
an
order
is
in
effect
commits
a
serious
misdemeanor.
27
Conforming
changes
are
made
in
Code
sections
321.560,
321J.4,
28
321J.9,
and
321J.12.
The
bill
amends
Code
section
707.6A
to
29
allow
the
department
to
revoke
the
defendant’s
driver’s
license
30
or
nonresident
operating
privilege
for
a
period
of
six
years
31
for
the
defendant’s
conviction
of
homicide
or
serious
injury
by
32
vehicle
upon
the
department’s
receipt
of
the
conviction
rather
33
than
requiring
the
court
to
order
the
department
to
impose
the
34
revocation.
35
-15-
LSB
5407SV
(1)
83
rh/nh
15/
15