House File 186 - Introduced HOUSE FILE 186 BY SALMON A BILL FOR An Act relating to ignition interlock devices installed in the 1 motor vehicles of first-time operating-while-intoxicated 2 offenders. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1835YH (2) 86 ns/nh

H.F. 186 Section 1. Section 321J.2, subsection 3, paragraph d, 1 subparagraph (1), Code 2015, is amended to read as follows: 2 (1) A defendant whose alcohol concentration is .08 or more 3 but not more than .10 shall not be eligible for any temporary 4 restricted license for at least thirty days if a test was 5 obtained and an accident resulting in personal injury or 6 property damage occurred. There shall be no such period of 7 ineligibility if no such accident occurred. The department 8 shall require the defendant to install an ignition interlock 9 device of a type approved by the commissioner of public safety 10 on all vehicles owned or operated by the defendant if the 11 defendant seeks a temporary restricted license. There shall be 12 no such period of ineligibility if no such accident occurred, 13 and the defendant shall not be required to install an ignition 14 interlock device. 15 Sec. 2. Section 321J.4, subsection 1, paragraph a, Code 16 2015, is amended to read as follows: 17 a. A defendant whose alcohol concentration is .08 or more 18 but not more than .10 shall not be eligible for any temporary 19 restricted license for at least thirty days if a test was 20 obtained and an accident resulting in personal injury or 21 property damage occurred. There shall be no such period of 22 ineligibility if no such accident occurred. The department 23 shall require the defendant 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 required to install an ignition 29 interlock device. 30 Sec. 3. Section 321J.4, subsection 3, paragraph a, Code 31 2015, is amended to read as follows: 32 a. A defendant whose alcohol concentration is .08 or more 33 but not more than .10 shall not be eligible for any temporary 34 restricted license for at least thirty days if a test was 35 -1- LSB 1835YH (2) 86 ns/nh 1/ 3

H.F. 186 obtained and an accident resulting in personal injury or 1 property damage occurred. There shall be no such period of 2 ineligibility if no such accident occurred. The department 3 shall require the defendant to install an ignition interlock 4 device of a type approved by the commissioner of public safety 5 on all vehicles owned or operated by the defendant if the 6 defendant seeks a temporary restricted license. There shall be 7 no such period of ineligibility if no such accident occurred, 8 and the defendant shall not be required to install an ignition 9 interlock device. 10 Sec. 4. Section 321J.4, subsection 8, paragraph a, Code 11 2015, is amended to read as follows: 12 a. On a conviction for or as a condition of a deferred 13 judgment for a violation of section 321J.2 , the court may shall 14 order the defendant to install ignition interlock devices 15 of a type approved by the commissioner of public safety on 16 all motor vehicles owned or operated by the defendant which, 17 without tampering or the intervention of another person, would 18 prevent the defendant from operating the motor vehicle with an 19 alcohol concentration greater than a level set by rule of the 20 commissioner of public safety. 21 Sec. 5. Section 321J.12, subsection 2, paragraph a, Code 22 2015, is amended to read as follows: 23 a. A person whose driver’s license or nonresident operating 24 privileges have been revoked under subsection 1 , paragraph “a” , 25 whose alcohol concentration is .08 or more but not more than 26 .10 shall not be eligible for any temporary restricted license 27 for at least thirty days after the effective date of the 28 revocation if a test was obtained and an accident resulting in 29 personal injury or property damage occurred. There shall be no 30 such period of ineligibility if no such accident occurred. The 31 department shall require the defendant to install an ignition 32 interlock device of a type approved by the commissioner 33 of public safety on all vehicles owned or operated by the 34 defendant if the defendant seeks a temporary license. There 35 -2- LSB 1835YH (2) 86 ns/nh 2/ 3

H.F. 186 shall be no such period of ineligibility if no such accident 1 occurred, and the defendant shall not be required to install 2 an ignition interlock device. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Current law allows a first-time operating-while-intoxicated 7 (OWI) offender to operate a motor vehicle with a temporary 8 restricted driver’s license, but without an ignition interlock 9 device, where, during the offense, the offender’s alcohol 10 concentration was .10 or below and the offender did not cause 11 an accident. This bill eliminates this provision. 12 The bill provides that a first-time OWI offender with 13 a temporary restricted driver’s license shall install an 14 ignition interlock device in the offender’s vehicle, whether 15 the offender’s driver’s license revocation was the result of 16 sentencing, deferred judgment, or administrative revocation, 17 and regardless of the offender’s alcohol concentration at the 18 time of the offense. 19 -3- LSB 1835YH (2) 86 ns/nh 3/ 3