S.F. _____ H.F. _____ 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 -1- LSB 5407DP (11) 83 rh/nh 1/ 16

S.F. _____ H.F. _____ 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 -2- LSB 5407DP (11) 83 rh/nh 2/ 16

S.F. _____ H.F. _____ 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 5407DP (11) 83 rh/nh 3/ 16

S.F. _____ H.F. _____ 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 -4- LSB 5407DP (11) 83 rh/nh 4/ 16

S.F. _____ H.F. _____ 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 -5- LSB 5407DP (11) 83 rh/nh 5/ 16

S.F. _____ H.F. _____ 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 5407DP (11) 83 rh/nh 6/ 16

S.F. _____ H.F. _____ 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 -7- LSB 5407DP (11) 83 rh/nh 7/ 16

S.F. _____ H.F. _____ 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 -8- LSB 5407DP (11) 83 rh/nh 8/ 16

S.F. _____ H.F. _____ 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 -9- LSB 5407DP (11) 83 rh/nh 9/ 16

S.F. _____ H.F. _____ 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 -10- LSB 5407DP (11) 83 rh/nh 10/ 16

S.F. _____ H.F. _____ 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 -11- LSB 5407DP (11) 83 rh/nh 11/ 16

S.F. _____ H.F. _____ 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 -12- LSB 5407DP (11) 83 rh/nh 12/ 16

S.F. _____ H.F. _____ 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 -13- LSB 5407DP (11) 83 rh/nh 13/ 16

S.F. _____ H.F. _____ EXPLANATION 1 This bill relates to driver’s license sanctions, including 2 the issuance of temporary restricted licenses and certain 3 requirements relating to ignition interlock devices, and 4 provides a penalty. 5 The bill amends Code section 321.215 to allow the department 6 of transportation to issue a temporary restricted license to 7 a person whose noncommercial driver’s license is suspended or 8 revoked under Code chapter 321 (motor vehicles and laws of the 9 road) without requiring the court to order the department to 10 do so. 11 The bill amends Code section 321J.2 (Iowa’s operating 12 while intoxicated (OWI) law) to allow the department of 13 transportation to issue a temporary restricted license under 14 Code chapter 321J without requiring the court to order the 15 department to do so. The bill makes conforming changes to Code 16 sections 321J.4 (revocations relating to OWI offenses), 321J.9 17 (refusals to submit to chemical testing), and 321J.12 (test 18 result revocations). 19 The bill amends Code section 321J.4 (revocations for OWI 20 offenses) to allow repeat (second or subsequent) OWI offenders 21 to obtain a temporary restricted license after a 45-day hard 22 suspension in compliance with the purposes allowed under 23 federal law, pursuant to 23 U.S.C. § 164 (minimum penalties 24 for repeat offenders for driving while intoxicated or driving 25 under the influence). Corresponding changes are made in Code 26 sections 321J.9, 321J.12, and 321J.20 (temporary restricted 27 licenses issued for revocations under Code chapter 321J). 28 The bill also amends Code section 321J.4, to allow the 29 department of transportation to trigger the six-year revocation 30 period for a third or subsequent OWI conviction upon the 31 department’s receipt of the order of conviction, rather than 32 requiring the court to order the department to impose the 33 revocation. 34 The bill amends Code section 321J.9 to allow a person whose 35 -14- LSB 5407DP (11) 83 rh/nh 14/ 16

S.F. _____ H.F. _____ license is revoked after refusing to submit to chemical testing 1 for OWI and who has a previous OWI revocation to apply for a 2 temporary restricted license after a hard 90-day revocation. 3 Under current law, a person is not eligible for a temporary 4 restricted license for at least one year after the effective 5 date of the revocation. 6 The bill amends Code section 321J.12 to allow second and 7 subsequent OWI offenders to obtain a temporary restricted 8 license after a 45-day hard suspension in compliance with the 9 purposes allowed under 23 U.S.C. § 164. Conforming changes are 10 made in Code sections 321J.4, 321J.9, and 321J.20. 11 The bill amends Code section 321J.17 to clarify that an 12 ignition interlock device is required following a second or 13 subsequent OWI offense revocation rather than a second or 14 subsequent OWI conviction. 15 The bill amends Code section 321J.20 to allow second or 16 subsequent OWI offenders to obtain a temporary restricted 17 license after a 45-day hard suspension in compliance with the 18 purposes allowed under 23 U.S.C. § 164. The bill provides 19 that a person who tampers with or circumvents an ignition 20 interlock device installed as required under Code chapter 321J 21 and while the requirement for the ignition interlock device is 22 in effect commits a serious misdemeanor. A serious misdemeanor 23 is punishable by confinement for no more than one year and 24 a fine of at least $315 but not more than $1,875. Current 25 law provides that a person who tampers with or circumvents 26 an ignition interlock device installed under a court order 27 while an order is in effect commits a serious misdemeanor. 28 Conforming changes are made in Code sections 321.560, 321J.4, 29 321J.9, and 321J.12. The bill amends Code section 707.6A to 30 allow the department to revoke the defendant’s driver’s license 31 or nonresident operating privilege for a period of six years 32 for the defendant’s conviction of homicide or serious injury by 33 vehicle upon the department’s receipt of the conviction rather 34 than requiring the court to order the department to impose the 35 -15- LSB 5407DP (11) 83 rh/nh 15/ 16