H.F. _____ Section 1. Section 321J.2, subsection 3, paragraph c, 1 unnumbered paragraph 1, Code 2013, 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 waive up to six hundred twenty-five 7 dollars of the fine when the defendant presents to the court at 8 the end of the any minimum period of ineligibility a temporary 9 restricted license issued pursuant to section 321J.20 . 10 Sec. 2. Section 321J.2, subsection 3, paragraph d, Code 11 2013, is amended by striking the paragraph and inserting in 12 lieu thereof the following: 13 d. Revocation of the person’s driver’s license for a minimum 14 period of one hundred eighty days up to a maximum revocation 15 period of one year, pursuant to section 321J.4, subsection 1, 16 section 321J.9, or section 321J.12, subsection 2. 17 (1) A defendant whose alcohol concentration is .08 or more 18 shall be eligible for a temporary restricted license upon 19 conviction if a test was obtained and no accident resulting in 20 personal injury or property damage occurred. If such accident 21 occurred, the defendant shall be eligible for a temporary 22 restricted license after any period of ineligibility as 23 determined by the court. 24 (2) A defendant whose revocation occurs because the 25 defendant refused to submit to chemical testing under section 26 321J.9 shall be eligible for a temporary restricted license 27 ninety days after conviction. 28 (3) The department shall require the defendant to install 29 an ignition interlock device of a type approved by the 30 commissioner of public safety on all vehicles owned or operated 31 by the defendant if the defendant seeks a temporary restricted 32 license. 33 Sec. 3. Section 321J.4, subsections 1 through 4, Code 2013, 34 are amended by striking the subsections and inserting in lieu 35 -1- LSB 2352HC (6) 85 rh/nh 1/ 13

H.F. _____ thereof the following: 1 1. If a defendant is convicted of a violation of section 2 321J.2 and the defendant’s driver’s license or nonresident 3 operating privilege has not been revoked under section 321J.9 4 or 321J.12 for the occurrence from which the arrest arose, the 5 department shall revoke the defendant’s driver’s license or 6 nonresident operating privilege for one hundred eighty days 7 if the defendant submitted to chemical testing and has had 8 no previous conviction or revocation under this chapter and 9 shall revoke the defendant’s driver’s license or nonresident 10 operating privilege for one year if the defendant refused to 11 submit to chemical testing and has had no previous conviction 12 or revocation under this chapter. 13 a. A defendant whose alcohol concentration is .08 or more 14 shall be eligible for a temporary restricted license upon 15 conviction if a test was obtained and no accident resulting in 16 personal injury or property damage occurred. If such accident 17 occurred, the defendant shall be eligible for a temporary 18 restricted license after any period of ineligibility as 19 determined by the court. 20 b. A defendant whose revocation occurs because the person 21 refused to submit to chemical testing under section 321J.9 22 shall be eligible for a temporary restricted license ninety 23 days after conviction. 24 c. The department shall require the defendant to install 25 an ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned or operated 27 by the defendant if the defendant seeks a temporary restricted 28 license. 29 d. If the defendant is under the age of twenty-one, the 30 defendant shall be eligible for a temporary restricted license 31 after any period of ineligibility as determined by the court. 32 2. If a defendant is convicted of a violation of section 33 321J.2, and the defendant’s driver’s license or nonresident 34 operating privilege has not already been revoked under section 35 -2- LSB 2352HC (6) 85 rh/nh 2/ 13

H.F. _____ 321J.9 or 321J.12 for the occurrence from which the arrest 1 arose, the department shall revoke the defendant’s driver’s 2 license or nonresident operating privilege for one year if the 3 defendant submitted to chemical testing and has had a previous 4 conviction or revocation under this chapter and shall revoke 5 the defendant’s driver’s license or nonresident operating 6 privilege for two years if the defendant refused to submit to 7 chemical testing and has had a previous revocation under this 8 chapter. 9 a. The defendant shall be eligible for a temporary 10 restricted license on or after the effective date of revocation 11 if the defendant submitted to chemical testing and shall be 12 eligible for a temporary restricted license ninety days after 13 the effective date of revocation if the defendant refused to 14 submit to chemical testing. 15 b. The temporary restricted license shall be issued in 16 accordance with section 321J.20, subsection 2. 17 c. The department shall require the defendant to install 18 an ignition interlock device of a type approved by the 19 commissioner of public safety on all vehicles owned or operated 20 by the defendant for a minimum period of one year if the 21 defendant seeks a temporary restricted license. A temporary 22 restricted license shall not be granted by the department until 23 the defendant installs the ignition interlock device. 24 3. If the court defers judgment pursuant to section 907.3 25 for a violation of section 321J.2, and if the defendant’s 26 driver’s license or nonresident operating privilege has not 27 been revoked under section 321J.9 or 321J.12, or has not 28 otherwise been revoked for the occurrence from which the arrest 29 arose, the department shall revoke the defendant’s driver’s 30 license or nonresident operating privilege for a period of not 31 less than thirty days nor more than ninety days. 32 a. A defendant whose alcohol concentration is .08 or more 33 shall be eligible for a temporary restricted license upon 34 conviction if a test was obtained and no accident resulting in 35 -3- LSB 2352HC (6) 85 rh/nh 3/ 13

H.F. _____ personal injury or property damage occurred. If such accident 1 occurred, the defendant shall be eligible for a temporary 2 restricted license after any period of ineligibility as 3 determined by the court. 4 b. A defendant whose revocation occurs because the person 5 refused to submit to chemical testing under section 321J.9 6 shall be eligible for a temporary restricted license ninety 7 days after conviction. 8 c. The department shall require the defendant to install 9 an ignition interlock device of a type approved by the 10 commissioner of public safety on all vehicles owned or operated 11 by the defendant if the defendant seeks a temporary restricted 12 license. 13 d. If the defendant is under the age of twenty-one, the 14 defendant shall be eligible for a temporary restricted license 15 after any period of ineligibility as determined by the court 16 upon conviction. 17 4. Upon a plea or verdict of guilty of a third or subsequent 18 violation of section 321J.2, the department shall revoke the 19 defendant’s driver’s license or nonresident operating privilege 20 for a period of six years. 21 a. The department shall credit any period that the 22 defendant’s driver’s license or nonresident operating privilege 23 was revoked under section 321J.9 or 321J.12 for the same 24 occurrence toward the six-year revocation period, limiting the 25 total revocation period for the same occurrence to six years. 26 b. The defendant shall be eligible for a temporary 27 restricted license for the remainder of the six-year period 28 after any period of ineligibility as determined by the court. 29 c. The department shall require the defendant to install 30 an ignition interlock device of a type approved by the 31 commissioner of public safety on all vehicles owned or operated 32 by the defendant if the defendant seeks a temporary restricted 33 license. A temporary restricted license shall not be granted 34 by the department until the defendant installs the ignition 35 -4- LSB 2352HC (6) 85 rh/nh 4/ 13

H.F. _____ interlock device. 1 Sec. 4. Section 321J.4, subsections 5 and 6, Code 2013, are 2 amended to read as follows: 3 5. Upon a plea or verdict of guilty of a violation of 4 section 321J.2 which involved a personal injury, the court 5 shall determine in open court, from consideration of the 6 information in the file and any other evidence the parties may 7 submit, whether a serious injury was sustained by any person 8 other than the defendant and, if so, whether the defendant’s 9 conduct in violation of section 321J.2 caused the serious 10 injury. If the court so determines, the court shall order 11 the department to revoke the defendant’s driver’s license or 12 nonresident operating privilege for a period of one year in 13 addition to any other period of suspension or revocation. The 14 defendant shall not be eligible for any temporary restricted 15 license until the minimum period of ineligibility as determined 16 by the court has expired under this section or section 321J.9 , 17 321J.12 , or 321J.20 . The defendant shall surrender to the 18 court any Iowa license or permit and the court shall forward it 19 to the department with a copy of the order for revocation. 20 6. Upon a plea or verdict of guilty of a violation of 21 section 321J.2 which involved a death, the court shall 22 determine in open court, from consideration of the information 23 in the file and any other evidence the parties may submit, 24 whether a death occurred and, if so, whether the defendant’s 25 conduct in violation of section 321J.2 caused the death. If 26 the court so determines, the court shall order the department 27 to revoke the defendant’s driver’s license or nonresident 28 operating privilege for a period of six years. The defendant 29 shall not be eligible for any temporary restricted license 30 for at least two years after the revocation until the period 31 of ineligibility as determined by the court has expired . The 32 defendant shall surrender to the court any Iowa license or 33 permit and the court shall forward it to the department with a 34 copy of the order for revocation. 35 -5- LSB 2352HC (6) 85 rh/nh 5/ 13

H.F. _____ Sec. 5. Section 321J.4, subsection 8, paragraph f, Code 1 2013, is amended to read as follows: 2 f. (i) A person who tampers with or circumvents an ignition 3 interlock device installed under a court order while an order 4 is in effect commits a serious misdemeanor. 5 (ii) A person who assists a person who tampers with or 6 circumvents an ignition interlock device commits a serious 7 misdemeanor. 8 Sec. 6. Section 321J.4, subsection 8, Code 2013, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . g. The department shall credit, on a 11 day-for-day basis, any period of time during which a defendant 12 has held a valid temporary restricted license against the 13 period of time during which the defendant is required to 14 install an ignition interlock device pursuant to this chapter. 15 Sec. 7. Section 321J.12, subsection 2, Code 2013, is amended 16 by striking the subsection and inserting in lieu thereof the 17 following: 18 2. a. A person whose driver’s license or nonresident 19 operating privileges have been revoked under subsection 1, 20 paragraph “a” , whose alcohol concentration is .08 or more shall 21 be eligible for a temporary restricted license on or after the 22 effective date of the revocation if a test was obtained and 23 no accident resulting in personal injury or property damage 24 occurred. If such an accident occurred, the defendant shall 25 be eligible for a temporary restricted license after any 26 period of ineligibility established by the court at the time 27 of arraignment. The department shall require the person to 28 install an ignition interlock device of a type approved by the 29 commissioner of public safety on all vehicles owned or operated 30 by the defendant if the defendant seeks a temporary restricted 31 license. 32 b. If the person is under the age of twenty-one, the person 33 shall be eligible for a temporary restricted license after any 34 period of ineligibility as determined by the court at the time 35 -6- LSB 2352HC (6) 85 rh/nh 6/ 13

H.F. _____ of arraignment. 1 c. A person whose license or privileges have been revoked 2 under subsection 1, paragraph “b” , for one year shall be 3 eligible for a temporary restricted license on or after the 4 effective date of the revocation. The temporary restricted 5 license shall be issued in accordance with section 321J.20, 6 subsection 2. A temporary restricted license shall not 7 be granted by the department until the defendant installs 8 the ignition interlock device of a type approved by the 9 commissioner of public safety on all vehicles owned or operated 10 by the defendant. 11 Sec. 8. Section 321J.17, subsections 1 and 3, Code 2013, are 12 amended to read as follows: 13 1. If the department revokes a person’s driver’s license 14 or nonresident operating privilege under this chapter , the 15 department shall assess the person a civil penalty of two 16 hundred dollars. The money collected by the department under 17 this section shall be transmitted to the treasurer of state 18 who shall deposit one-half of the money in the separate fund 19 established in section 915.94 and one-half of the money in the 20 general fund of the state. A temporary restricted license 21 shall not be issued unless an ignition interlock device has 22 been installed pursuant to section 321J.4 . A driver’s license 23 or nonresident operating privilege shall not be reinstated 24 unless proof of deinstallation of that an ignition interlock 25 device installed pursuant to section 321J.4 remained installed 26 and functioning until the end of such period of revocation 27 has been submitted to the department in a format acceptable 28 to the department . Except as provided in section 321.210B , a 29 temporary restricted license shall not be issued or a driver’s 30 license or nonresident operating privilege reinstated until 31 the civil penalty has been paid. A person assessed a penalty 32 under this section may remit the civil penalty along with a 33 processing fee of five dollars to a county treasurer authorized 34 to issue driver’s licenses under chapter 321M , or the civil 35 -7- LSB 2352HC (6) 85 rh/nh 7/ 13

H.F. _____ penalty may be paid directly to the department. 1 3. The department shall also require certification of 2 installation of an ignition interlock device of a type approved 3 by the commissioner of public safety on all motor vehicles 4 owned or operated by any person seeking reinstatement following 5 a second or subsequent revocation under section 321J.4 , 321J.9 , 6 or 321J.12 , unless such a person has previously received a 7 temporary restricted license during the term of the revocation 8 as authorized by this chapter . The requirement for the 9 installation Installation of an approved ignition interlock 10 device shall be is required for a minimum period of six months 11 for a person with no prior license revocations under this 12 chapter, and a minimum period of one year for a person who 13 has had a previous revocation, from the date of reinstatement 14 unless a different time longer period of time is required 15 by statute. The department shall credit, on a day-for-day 16 basis, any period of time during which a person has held a 17 valid temporary restricted license during any revocation for 18 the occurrence from which the arrest arose against the period 19 of time during which the defendant is required to install an 20 ignition interlock device. The person shall not operate any 21 motor vehicle that is not equipped with an approved functioning 22 ignition interlock device during the period in which an 23 ignition interlock device must be installed, and the department 24 shall not grant reinstatement unless the person certifies 25 installation of an ignition interlock device as required in 26 this subsection. 27 Sec. 9. Section 321J.20, subsections 1 and 2, Code 2013, 28 are amended by striking the subsections and inserting in lieu 29 thereof the following: 30 1. The department may, on application, issue a temporary 31 restricted license to a person whose noncommercial driver’s 32 license is revoked under section 321J.4, 321J.9, or 321J.12, 33 allowing the person to drive a motor vehicle equipped with an 34 ignition interlock device for all lawful purposes not requiring 35 -8- LSB 2352HC (6) 85 rh/nh 8/ 13

H.F. _____ a commercial driver’s license, subject to any court-ordered 1 or statutory period of ineligibility. A temporary restricted 2 license shall not be issued until the applicant installs a 3 functioning ignition interlock device of a type approved by the 4 commissioner of public safety on all motor vehicles owned or 5 operated by the applicant in accordance with section 321J.2, 6 321J.4, 321J.9, or 321J.12. Installation of an ignition 7 interlock device under this subsection shall be required for 8 the period of time for which the temporary restricted license 9 is issued and for any such additional period of time following 10 reinstatement required pursuant to section 321J.17, subsection 11 3. 12 2. a. Notwithstanding section 321.560, the department may, 13 on application, and upon the expiration of the minimum period 14 of ineligibility for a temporary restricted license provided 15 for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a 16 temporary restricted license to a person whose noncommercial 17 driver’s license has either been revoked under this chapter, or 18 revoked or suspended under chapter 321 for violations of this 19 chapter, or who has been determined to be a habitual offender 20 under chapter 321 based on violations of this chapter or on 21 violations listed in section 321.560, subsection 1, paragraph 22 “b” , and who is not eligible for a temporary restricted license 23 under subsection 1. However, the department may not issue 24 a temporary restricted license under this subsection for a 25 violation of section 321J.2A or to a person under the age 26 of twenty-one whose license is revoked under section 321J.4, 27 321J.9, or 321J.12. 28 b. A temporary restricted license issued under this 29 subsection shall not be issued until the applicant installs 30 an approved ignition interlock device on all motor vehicles 31 owned or operated by the applicant. Installation of an 32 approved ignition interlock device under this subsection shall 33 be required for the period of time for which the temporary 34 restricted license is issued and for such additional period 35 -9- LSB 2352HC (6) 85 rh/nh 9/ 13

H.F. _____ of time following reinstatement required pursuant to section 1 321J.17, subsection 3. However, a person whose driver’s 2 license or nonresident operating privilege has been revoked 3 under section 321J.21 may apply to the department for a 4 temporary restricted license without the requirement of 5 an ignition interlock device if at least twelve years have 6 elapsed since the end of the underlying revocation period for 7 a violation of section 321J.2. 8 Sec. 10. Section 321J.20, subsection 4, Code 2013, is 9 amended by striking the subsection. 10 Sec. 11. Section 321J.20, subsection 8, Code 2013, is 11 amended to read as follows: 12 8. a. A person who tampers with or circumvents an ignition 13 interlock device installed as required in this chapter and 14 while the requirement for the ignition interlock device is in 15 effect commits a serious misdemeanor. 16 b. A person who assists a person who tampers with or 17 circumvents an ignition interlock device installed as required 18 in this chapter and while the requirement for the ignition 19 interlock device is in effect commits a serious misdemeanor. 20 Sec. 12. Section 321J.20, Code 2013, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 9. The department shall credit, on a 23 day-for-day basis, any period of time during which a person has 24 held a temporary restricted license against the period of time 25 during which the person is required to install the ignition 26 interlock device pursuant to this chapter. 27 EXPLANATION 28 This bill relates to temporary restricted licenses for 29 operating-while-intoxicated violators and provides penalties. 30 TEMPORARY RESTRICTED LICENSES. Current law provides 31 different statutory periods of ineligibility for a temporary 32 restricted license for persons whose licenses are revoked 33 due to a criminal conviction or an administrative action 34 under Code chapter 321J (Iowa’s operating-while-intoxicated 35 -10- LSB 2352HC (6) 85 rh/nh 10/ 13

H.F. _____ law) depending upon the circumstances of the offense or 1 violation. The bill provides that a first-time offender who 2 is convicted of or who has received a deferred judgment for an 3 operating-while-intoxicated offense pursuant to Code section 4 321J.2 while having an alcohol concentration of .08 or more and 5 a person who has not had an administrative license revocation 6 due to a test failure pursuant to Code section 321J.12 may 7 apply to the department of transportation (department) for a 8 temporary restricted license immediately upon conviction or 9 revocation unless an accident with property damage or personal 10 injury occurred. In those cases, the court has the discretion 11 to impose a period of ineligibility for a temporary restricted 12 license on the offender. The bill also amends prior law to 13 allow the court to impose a period of ineligibility for a 14 temporary restricted license in all cases involving persons 15 under the age of 21, for criminal convictions under Code 16 section 321J.2 that involve serious injury or death, and for 17 third and subsequent criminal convictions under Code section 18 321J.2. The bill retains current law relating to the 90-day 19 ineligibility period for persons who refuse to submit to 20 testing pursuant to Code section 321J.9. 21 The bill requires a person who has had a previous license 22 revocation under Code chapter 321J who applies for a temporary 23 restricted license to install an ignition interlock device 24 on the defendant’s vehicle for one year after any period of 25 ineligibility to conform to federal law. 26 The bill requires the department to credit, on a day-for-day 27 basis, any period of time during which a defendant holds a 28 valid temporary restricted license against the period of time 29 during which the defendant is otherwise required to install an 30 ignition interlock device under Code chapter 321J. 31 TEMPORARY RESTRICTED LICENSE RESTRICTIONS. Current law 32 provides that the department may issue a temporary restricted 33 license to allow a person to drive to and from the person’s 34 home and specified places at specified times which are required 35 -11- LSB 2352HC (6) 85 rh/nh 11/ 13

H.F. _____ by the person’s full-time or part-time employment, continuing 1 education while enrolled in an educational institution on a 2 part-time or full-time basis and while pursuing a course of 3 study leading to a diploma, degree, or other certification 4 of successful educational completion, or substance abuse 5 treatment. A person holding a temporary restricted license is 6 also restricted from operating a motor vehicle for pleasure. 7 The bill eliminates these driving restrictions for persons who 8 hold temporary restricted licenses. 9 NEW OFFENSE —— TAMPERING OR CIRCUMVENTING IGNITION INTERLOCK 10 DEVICE —— ASSISTANCE. Current law provides that a person 11 who tampers with or circumvents an ignition interlock device 12 installed pursuant to court order is guilty of a serious 13 misdemeanor. The bill provides that a person who assists a 14 person in the tampering with or circumvention of an ignition 15 interlock device is also guilty of a serious misdemeanor. A 16 serious misdemeanor is punishable by confinement for no more 17 than one year and a fine of at least $315 but not more than 18 $1,875. 19 CONDITIONS FOR LICENSE REINSTATEMENT. Under current law, 20 if the department revokes a person’s driver’s license or 21 nonresident operating privilege under Code chapter 321J, a 22 driver’s license or nonresident operating privilege shall not 23 be reinstated by the department unless the person seeking 24 reinstatement completes certain requirements. The bill 25 provides that a driver’s license or nonresident operating 26 privilege shall not be reinstated unless proof that an ignition 27 interlock device remained installed and functioning until the 28 end of the revocation period is submitted to the department in 29 a format acceptable to the department. The bill also provides 30 that, unless a person has previously received a temporary 31 restricted license during any term of revocation under Code 32 chapter 321J, a functioning ignition interlock device shall 33 be installed for a minimum period of six months for a person 34 whose driver’s license or nonresident operating privilege 35 -12- LSB 2352HC (6) 85 rh/nh 12/ 13

H.F. _____ has not been previously revoked under Code chapter 321J, and 1 a minimum of one year for a person who has had a previous 2 revocation from the date of reinstatement unless a longer time 3 period is required by statute. The department is required 4 to credit, on a day-for-day basis, any period of time during 5 which a person has held a valid temporary restricted license 6 during any revocation for the occurrence from which the arrest 7 arose against the period of time during which the defendant is 8 otherwise required to install an ignition interlock device. 9 -13- LSB 2352HC (6) 85 rh/nh 13/ 13