H.F. 2429 Section 1. Section 321J.2, subsection 3, paragraph c, 1 unnumbered paragraph 1, Code 2014, is amended to read as 2 follows: 3 Assessment of a fine of one thousand two hundred fifty 4 dollars. However, in the discretion of the court, if no 5 personal or property injury has resulted from the defendant’s 6 actions, the court may shall waive up to six hundred 7 twenty-five dollars of the fine when the defendant presents to 8 the court at the end of the minimum period of ineligibility 9 a temporary restricted license issued pursuant to section 10 321J.20 . 11 Sec. 2. Section 321J.2, subsection 3, paragraph d, Code 12 2014, is amended by striking the paragraph. 13 Sec. 3. Section 321J.2, subsection 4, paragraph c, Code 14 2014, is amended by striking the paragraph. 15 Sec. 4. Section 321J.2, subsection 5, paragraph c, Code 16 2014, is amended by striking the paragraph. 17 Sec. 5. Section 321J.4, Code 2014, is amended by striking 18 the section and inserting in lieu thereof the following: 19 321J.4 Revocation of license —— conditional temporary 20 restricted license. 21 1. Revocation. If a defendant is convicted of a violation 22 of section 321J.2, the defendant’s driver’s license or 23 nonresident operating privileges shall be revoked as follows: 24 a. First offense. If the defendant has had no previous 25 conviction or revocation under this chapter and the defendant’s 26 driver’s license or nonresident operating privilege has not 27 been revoked under section 321J.9 or 321J.12 for the occurrence 28 from which the arrest arose, the department shall revoke the 29 defendant’s driver’s license or nonresident operating privilege 30 for the following periods of time: 31 (1) Test result. One hundred eighty days if the defendant 32 submitted to chemical testing. 33 (2) Refusal to submit. One year if the defendant refused 34 to submit to chemical testing. 35 -1- LSB 2352HZ (5) 85 rh/nh 1/ 10

H.F. 2429 b. Second offense. If the defendant has had a previous 1 conviction or revocation under this chapter and the defendant’s 2 driver’s license or nonresident operating privilege has not 3 been revoked under section 321J.9 or 321J.12 for the occurrence 4 from which the arrest arose, the department shall revoke the 5 defendant’s driver’s license or nonresident operating privilege 6 for the following periods of time: 7 (1) Test result. One year if the defendant submitted to 8 chemical testing. 9 (2) Refusal to submit. Two years if the defendant refused 10 to submit to chemical testing. 11 c. Third or subsequent offense. Upon a plea or verdict 12 of guilty of a third or subsequent violation of section 13 321J.2, the department shall revoke the defendant’s driver’s 14 license or nonresident operating privilege for a period of six 15 years. The defendant shall not be eligible for a temporary 16 restricted license for one year after the effective date of the 17 revocation. 18 d. Offense involving personal injury. Upon a plea or 19 verdict of guilty of a violation of section 321J.2 which 20 involved a personal injury, the court shall determine in open 21 court, from consideration of the information in the file and 22 any other evidence the parties may submit, whether a serious 23 injury was sustained by any person other than the defendant 24 and, if so, whether the defendant’s conduct in violation of 25 section 321J.2 caused the serious injury. If the court so 26 determines, the court shall order the department to revoke the 27 defendant’s driver’s license or nonresident operating privilege 28 for a period of one year in addition to any other period of 29 suspension or revocation. The defendant shall surrender to the 30 court any Iowa license or permit and the court shall forward it 31 to the department with a copy of the order for revocation. 32 e. Offense involving a death. Upon a plea or verdict of 33 guilty of a violation of section 321J.2 which involved a death, 34 the court shall determine in open court, from consideration of 35 -2- LSB 2352HZ (5) 85 rh/nh 2/ 10

H.F. 2429 the information in the file and any other evidence the parties 1 may submit, whether a death occurred and, if so, whether the 2 defendant’s conduct in violation of section 321J.2 caused the 3 death. If the court so determines, the court shall order 4 the department to revoke the defendant’s driver’s license or 5 nonresident operating privilege for a period of six years. The 6 defendant shall not be eligible for any temporary restricted 7 license for at least two years after the revocation. The 8 defendant shall surrender to the court any Iowa license or 9 permit and the court shall forward it to the department with a 10 copy of the order for revocation. 11 2. Revocation or denial period. If a license or permit 12 to operate a motor vehicle is revoked or denied under this 13 section or section 321J.9 or 321J.12, the period of revocation 14 or denial shall be the period provided for such a revocation 15 or until the defendant reaches the age of eighteen whichever 16 period is longer. 17 Sec. 6. Section 321J.9, subsection 1, paragraphs a and b, 18 Code 2014, are amended to read as follows: 19 a. First offense. One year if the person has no previous 20 revocation under this chapter ; and . 21 b. Second or subsequent offense. Two years if the person 22 has had a previous revocation under this chapter . 23 Sec. 7. Section 321J.9, subsection 2, Code 2014, is amended 24 by striking the subsection. 25 Sec. 8. Section 321J.12, subsection 1, paragraphs a and b, 26 Code 2014, are amended to read as follows: 27 a. First offense. One hundred eighty days if the person has 28 had no previous revocation under this chapter . 29 b. Second or subsequent offense. One year if the person has 30 had a previous revocation under this chapter . 31 Sec. 9. Section 321J.12, subsection 2, Code 2014, is amended 32 by striking the subsection. 33 Sec. 10. Section 321J.12, subsection 5, Code 2014, is 34 amended to read as follows: 35 -3- LSB 2352HZ (5) 85 rh/nh 3/ 10

H.F. 2429 5. Upon certification, subject to penalty of perjury, by the 1 peace officer that there existed reasonable grounds to believe 2 that the person had been operating a motor vehicle in violation 3 of section 321J.2A , that there existed one or more of the 4 necessary conditions for chemical testing described in section 5 321J.6, subsection 1 , and that the person submitted to chemical 6 testing and the test results indicated an alcohol concentration 7 of .02 or more but less than .08, the department shall revoke 8 the person’s driver’s license or operating privilege for a 9 period of sixty the following periods of time: 10 a. First offense. Sixty days if the person has had no 11 previous revocation under this chapter , and for a period of 12 ninety . 13 b. Second or subsequent offense. Ninety days if the person 14 has had a previous revocation under this chapter . 15 Sec. 11. Section 321J.20, Code 2014, is amended to read as 16 follows: 17 321J.20 Temporary restricted license —— ignition interlock 18 devices. 19 1. a. The department may, on application, issue a temporary 20 restricted license to a person whose noncommercial driver’s 21 license is revoked under this chapter allowing the person to 22 drive to and from the person’s home and specified places at 23 specified times which can be verified by the department and 24 which are required by the person’s full-time or part-time 25 employment, continuing health care or the continuing health 26 care of another who is dependent upon the person, continuing 27 education while enrolled in an educational institution on a 28 part-time or full-time basis and while pursuing a course of 29 study leading to a diploma, degree, or other certification of 30 successful educational completion, substance abuse treatment or 31 support such as alcoholics anonymous , court-ordered community 32 service responsibilities, and transport of the person’s 33 dependent minor child to and from child care when necessary 34 for the person’s full-time or part-time employment and for the 35 -4- LSB 2352HZ (5) 85 rh/nh 4/ 10

H.F. 2429 dependent child’s educational activities, appointments with the 1 person’s parole or probation officer if the person’s driver’s 2 license has not been revoked previously under section 321J.4 , 3 321J.9 , or 321J.12 and , church or other religious institution 4 attendance, or travel to and from a grocery store or gas 5 station if any of the following apply: 6 (1) The person’s noncommercial driver’s license is revoked 7 under section 321J.4 and the minimum period of ineligibility 8 for issuance of a temporary restricted license has expired. 9 This subsection shall not apply to a revocation ordered under 10 section 321J.4 resulting from a plea or verdict of guilty of a 11 violation of section 321J.2 that involved a death except for a 12 revocation under section 321J.4, subsection 1, paragraph “c” 13 or “e” . 14 (2) The person’s noncommercial driver’s license is revoked 15 under section 321J.9 and the person has entered a plea of 16 guilty on a charge of a violation of section 321J.2 which 17 arose from the same set of circumstances which resulted in 18 the person’s driver’s license revocation under section 321J.9 19 and the guilty plea is not withdrawn at the time of or after 20 application for the temporary restricted license, and the 21 minimum period of ineligibility for issuance of a temporary 22 restricted license has expired . 23 (3) The person’s noncommercial driver’s license is revoked 24 under section 321J.12 , and the minimum period of ineligibility 25 for issuance of a temporary restricted license has expired . 26 b. A temporary restricted license may be issued under this 27 subsection if the person’s noncommercial driver’s license is 28 revoked for two years under section 321J.4, subsection 2 , or 29 section 321J.9, subsection 1 , paragraph “b” , and the first three 30 hundred sixty-five days of the revocation have expired. 31 c. b. This subsection does not apply to a person whose 32 license was revoked under section 321J.2A or section 321J.4, 33 subsection 4 or 6 , or to a person whose license is suspended or 34 revoked for another reason. 35 -5- LSB 2352HZ (5) 85 rh/nh 5/ 10

H.F. 2429 d. Following the applicable minimum period of ineligibility, 1 a temporary restricted license under this subsection shall 2 not be issued until the applicant installs an ignition 3 interlock device of a type approved by the commissioner of 4 public safety on all motor vehicles owned or operated by the 5 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 6 or 321J.12 . Installation of an ignition interlock device 7 under this subsection shall be required for the period of time 8 for which the temporary restricted license is issued and for 9 such additional period of time following reinstatement as is 10 required under section 321J.17, subsection 3 . 11 2. a. Notwithstanding section 321.560 , the department may, 12 on application, and upon the expiration of the minimum period 13 of ineligibility for a temporary restricted license provided 14 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 15 temporary restricted license to a person whose noncommercial 16 driver’s license has either been revoked under this chapter , or 17 revoked or suspended under chapter 321 solely for violations 18 of this chapter , or who has been determined to be a habitual 19 offender under chapter 321 based solely on violations of 20 this chapter or on violations listed in section 321.560, 21 subsection 1 , paragraph “b” , and who is not eligible for a 22 temporary restricted license under subsection 1 . However, 23 the department may not issue a temporary restricted license 24 under this subsection for a violation of section 321J.2A or 25 to a person under the age of twenty-one whose license is 26 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 27 restricted license issued under this subsection may allow the 28 person to drive to and from the person’s home and specified 29 places at specified times which can be verified by the 30 department and which are required by the person’s full-time or 31 part-time employment; continuing education while enrolled in an 32 educational institution on a part-time or full-time basis and 33 while pursuing a course of study leading to a diploma, degree, 34 or other certification of successful educational completion; 35 -6- LSB 2352HZ (5) 85 rh/nh 6/ 10

H.F. 2429 or substance abuse treatment. 1 3. The department shall not issue a temporary restricted 2 license under this section until any applicable minimum 3 period of ineligibility for a temporary restricted license has 4 expired. If the applicant is under the age of twenty-one, the 5 applicant shall not be eligible for a temporary restricted 6 license for at least sixty days after the effective date of 7 revocation or suspension. 8 b. 4. A The department shall not issue a temporary 9 restricted license issued under this subsection shall 10 not be issued section until the applicant installs an 11 approved ignition interlock device of a type approved by the 12 commissioner of public safety on all motor vehicles owned 13 or operated by the applicant. Installation of an ignition 14 interlock device under this subsection section shall be 15 required for the period of time for which the temporary 16 restricted license is issued, and for such additional period 17 of time following reinstatement as is required under section 18 321J.17, subsection 3 . However, a person whose driver’s 19 license or nonresident operating privilege has been revoked 20 under section 321J.21 may apply to the department for a 21 temporary restricted license without the requirement of 22 an ignition interlock device if at least twelve years have 23 elapsed since the end of the underlying revocation period for 24 a violation of section 321J.2 . 25 3. 5. If a person required to install an ignition interlock 26 device operates a motor vehicle which does not have an approved 27 ignition interlock device or if the person tampers with or 28 circumvents an ignition interlock device, in addition to other 29 penalties provided, the person’s temporary restricted license 30 shall be revoked. 31 4. 6. A person holding a temporary restricted license 32 issued by the department under this section subsection 2 shall 33 not operate a motor vehicle for pleasure. 34 5. 7. A person holding a temporary restricted license 35 -7- LSB 2352HZ (5) 85 rh/nh 7/ 10

H.F. 2429 issued by the department under this section shall not operate 1 a commercial motor vehicle on a highway if a commercial 2 driver’s license is required for the person’s operation of the 3 commercial motor vehicle. 4 6. 8. A person holding a temporary license issued by the 5 department under this chapter section shall be prohibited from 6 operating not operate a school bus. 7 7. 9. Notwithstanding any provision of this chapter to 8 the contrary, the department may issue a temporary restricted 9 license to a person otherwise eligible for a temporary 10 restricted license under this section , whose period of 11 revocation under this chapter has expired, but who has not met 12 all requirements for reinstatement of the person’s driver’s 13 license or nonresident operating privileges. 14 8. 10. A person who tampers with or circumvents an ignition 15 interlock device installed as required in this chapter and 16 while the requirement for the ignition interlock device is in 17 effect commits a serious misdemeanor. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to Iowa’s operating-while-intoxicated 22 (OWI) law and driver’s license revocations, temporary 23 restricted licenses, and ignition interlock devices. 24 FIRST OFFENSE OWI —— FINE. Current law requires a court to 25 assess a fine against a person convicted of a first offense 26 operating-while-intoxicated offense. The court has the 27 discretion to waive up to $625 of the fine if no personal or 28 property injury resulted from the offense. The bill requires 29 the court to waive $625 of the fine, if no personal injury 30 resulted from the offense, when the defendant receives a 31 temporary restricted license. 32 DUPLICATIVE LICENSE REVOCATION PROVISIONS. The bill 33 eliminates duplicative provisions relating to court-ordered 34 license revocations for first, second, and third and 35 -8- LSB 2352HZ (5) 85 rh/nh 8/ 10

H.F. 2429 subsequent violations of Code section 321J.2 (Iowa’s OWI law). 1 The bill maintains provisions relating to administrative 2 license revocations currently imposed by the department of 3 transportation pursuant to Code sections 321J.4 (license 4 revocations based on criminal OWI offenses), 321J.9 (license 5 revocations relating to refusals to submit to chemical 6 testing), and 321J.12 (license revocations based on test 7 failures). 8 INELIGIBILITY PERIODS —— TEMPORARY RESTRICTED LICENSES 9 AND IGNITION INTERLOCK DEVICES. The bill eliminates certain 10 provisions in Code sections 321J.4 (license revocations 11 based on criminal OWI offenses), 321J.9 (test refusals), and 12 321J.12 (license revocations based on test result failures) 13 that currently provide eligibility restrictions for temporary 14 restricted licenses and requirements for the installation of 15 ignition interlock devices, dependent upon the number of prior 16 offenses, blood alcohol level, and whether the offense involved 17 an accident causing personal injury or property damage. The 18 ineligibility periods for a temporary restricted license are 19 maintained for third and subsequent OWI offenses and for 20 offenses involving a death. 21 TEMPORARY RESTRICTED LICENSE RESTRICTIONS. Current law 22 provides that the department may issue a temporary restricted 23 license to a person whose noncommercial driver’s license is 24 revoked dependent upon the circumstances under Code section 25 321J.4, 321J.9, or 321J.12 to allow a person to drive to and 26 from the person’s home and specified places at specified times 27 which are required by the person’s full-time or part-time 28 employment, continuing health care, continuing education 29 while enrolled in an educational institution on a part-time 30 or full-time basis and while pursuing a course of study 31 leading to a diploma, degree, or other certification of 32 successful educational completion, substance abuse treatment, 33 court-ordered community service, and appointments with the 34 person’s parole or probation officer. The bill expands 35 -9- LSB 2352HZ (5) 85 rh/nh 9/ 10