H.F. 2074 Section 1. Section 321.210D, Code 2018, is amended to read 1 as follows: 2 321.210D Vehicular homicide suspension Suspension for causing 3 death or serious injury by vehicle —— termination upon revocation 4 of license —— reopening of suspension. 5 1. If a trial information or indictment is filed charging a 6 person with the offense of homicide by vehicle under section 7 707.6A, subsection 1 or 2 , or with an offense under section 8 707.6A, subsection 4, by the means described in section 707.6A, 9 subsection 1, the clerk of the district court shall, upon the 10 filing of the information or indictment, forward notice to the 11 department including the name and address of the party charged, 12 the registration number of the vehicle involved, if known, 13 the nature of the offense, and the date of the filing of the 14 indictment or information. 15 2. Upon receiving notice from the clerk of the district 16 court that an indictment or information has been filed charging 17 an operator with homicide by vehicle under section 707.6A, 18 an offense listed in subsection 1 or 2 , the department shall 19 notify the person that the person’s driver’s license will be 20 suspended effective ten days from the date of issuance of the 21 notice. The department shall adopt rules relating to the 22 suspension of the license of an operator pursuant to this 23 section which shall include, but are not limited to, procedures 24 for the surrender of the person’s license to the department 25 upon the effective date of the suspension. 26 3. If a person whose driver’s license has been suspended 27 pursuant to this section is not convicted of the charge of 28 homicide by vehicle under section 707.6A, an offense listed 29 in subsection 1 or 2 , upon record entry of disposition of 30 the charge, the clerk of the district court shall forward a 31 notice including the name and address of the party charged, the 32 registration number of the vehicle involved, the nature of the 33 offense charged by indictment or information, the date of the 34 filing of the indictment or information, and of the disposition 35 -1- LSB 5149YH (4) 87 ns/rh 1/ 10

H.F. 2074 of the charge to the department. Upon receipt of the notice 1 from the clerk, the department shall automatically rescind the 2 suspension and reinstate the person’s driver’s license without 3 payment of any charge or penalty. 4 4. Upon receiving a record of conviction under section 5 321.206 , for a violation of section 707.6A, an offense listed 6 in subsection 1 or 2 , and upon revocation of the person’s 7 license or operating privileges under section 321.209 , the 8 suspension under subsection 2 shall automatically terminate in 9 favor of the revocation. 10 Sec. 2. Section 321.555, subsection 1, paragraph h, Code 11 2018, is amended to read as follows: 12 h. Serious injury by a vehicle in violation of section 13 707.6A, subsection 4 , by any of the means described in section 14 707.6A, subsection 2 . 15 Sec. 3. Section 321J.2, subsection 3, paragraph d, 16 unnumbered paragraph 1, Code 2018, is amended to read as 17 follows: 18 Revocation of the person’s driver’s license for a minimum 19 period of one hundred eighty days year up to a maximum 20 revocation period of one year two years , pursuant to section 21 321J.4, subsection 1 , section 321J.9 , or section 321J.12, 22 subsection 2 . If a revocation occurs due to test refusal 23 under section 321J.9 , the defendant shall be ineligible for a 24 temporary restricted license for a minimum period of ninety 25 days. 26 Sec. 4. Section 321J.2, subsection 4, paragraph c, Code 27 2018, is amended to read as follows: 28 c. Revocation of the defendant’s driver’s license for a 29 period of one year two years , if a revocation occurs pursuant 30 to section 321J.12, subsection 1 . If a revocation occurs due 31 to test refusal under section 321J.9 , or pursuant to section 32 321J.4, subsection 2 , the defendant’s license shall be revoked 33 for a period of two four years. 34 Sec. 5. Section 321J.2, subsection 5, paragraph c, Code 35 -2- LSB 5149YH (4) 87 ns/rh 2/ 10

H.F. 2074 2018, is amended to read as follows: 1 c. Revocation Permanent revocation of the person’s driver’s 2 license for a period of six years pursuant to section 321J.4, 3 subsection 4 . 4 Sec. 6. Section 321J.4, subsection 1, unnumbered paragraph 5 1, Code 2018, is amended to read as follows: 6 If a defendant is convicted of a violation of section 321J.2 7 and the defendant’s driver’s license or nonresident operating 8 privilege has not been revoked under section 321J.9 or 321J.12 9 for the occurrence from which the arrest arose, the department 10 shall revoke the defendant’s driver’s license or nonresident 11 operating privilege for one hundred eighty days year if the 12 defendant submitted to chemical testing and has had no previous 13 conviction or revocation under this chapter and shall revoke 14 the defendant’s driver’s license or nonresident operating 15 privilege for one year two years if the defendant refused to 16 submit to chemical testing and has had no previous conviction 17 or revocation under this chapter . The defendant shall not be 18 eligible for any temporary restricted license for at least 19 ninety days if a test was refused under section 321J.9 . 20 Sec. 7. Section 321J.4, subsections 2, 4, 5, and 6, Code 21 2018, are amended to read as follows: 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 one year two 28 years 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 four years if the defendant refused 32 to 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 -3- LSB 5149YH (4) 87 ns/rh 3/ 10

H.F. 2074 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 of 3 revocation if the defendant refused chemical testing. The 4 temporary restricted license shall be issued in accordance with 5 section 321J.20, subsection 2 . The department shall require 6 the defendant 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 4. Upon a plea or verdict of guilty of a third or subsequent 14 violation of section 321J.2 , the department shall revoke the 15 defendant’s driver’s license or nonresident operating privilege 16 for a period of six years permanently . The defendant shall not 17 be eligible for a any temporary restricted license for one year 18 after the effective date of the revocation . The department 19 shall require the defendant to install an ignition interlock 20 device of a type approved by the commissioner of public safety 21 on all vehicles owned or operated by the defendant if the 22 defendant seeks a temporary restricted license at the end of 23 the minimum period of ineligibility. A temporary restricted 24 license shall not be granted by the department until the 25 defendant installs the ignition interlock device. 26 5. Upon a plea or verdict of guilty of a violation of 27 section 321J.2 which involved a personal injury, the court 28 shall determine in open court, from consideration of the 29 information in the file and any other evidence the parties 30 may submit, whether a serious injury , as defined in section 31 702.18, was sustained by any person other than the defendant 32 and, if so, whether the defendant’s conduct in violation of 33 section 321J.2 caused the serious injury. If the court so 34 determines, the court shall order the department to revoke the 35 -4- LSB 5149YH (4) 87 ns/rh 4/ 10

H.F. 2074 defendant’s driver’s license or nonresident operating privilege 1 for a period of one year in addition to any other period of 2 suspension or revocation permanently . The defendant shall not 3 be eligible for any temporary restricted license until the 4 minimum period of ineligibility has expired under this section 5 or section 321J.9 , 321J.12 , or 321J.20 . The defendant shall 6 surrender to the court any Iowa license or permit and the court 7 shall forward it the license or permit to the department with a 8 copy of the order for revocation. 9 6. Upon a plea or verdict of guilty of a violation of 10 section 321J.2 which involved a death, the court shall 11 determine in open court, from consideration of the information 12 in the file and any other evidence the parties may submit, 13 whether a death occurred and, if so, whether the defendant’s 14 conduct in violation of section 321J.2 caused the death. If 15 the court so determines, the court shall order the department 16 to revoke the defendant’s driver’s license or nonresident 17 operating privilege for a period of six years permanently . The 18 defendant shall not be eligible for any temporary restricted 19 license for at least two years after the revocation . The 20 defendant shall surrender to the court any Iowa license or 21 permit and the court shall forward it the license or permit to 22 the department with a copy of the order for revocation. 23 Sec. 8. Section 321J.9, subsection 1, paragraphs a and b, 24 Code 2018, are amended to read as follows: 25 a. One year Two years if the person has no previous 26 revocation under this chapter ; and 27 b. Two Four years if the person has had a previous 28 revocation under this chapter . 29 Sec. 9. Section 321J.12, subsection 1, paragraphs a and b, 30 Code 2018, are amended to read as follows: 31 a. One hundred eighty days year if the person has had no 32 revocation under this chapter . 33 b. One year Two years if the person has had a previous 34 revocation under this chapter . 35 -5- LSB 5149YH (4) 87 ns/rh 5/ 10

H.F. 2074 Sec. 10. Section 321J.12, subsection 2, paragraph d, Code 1 2018, is amended to read as follows: 2 d. A person whose license or privileges have been revoked 3 under subsection 1 , paragraph “b” , for one year shall not be 4 eligible for any temporary restricted license for forty-five 5 days after the effective date of the revocation, and the 6 department shall require the person to install an ignition 7 interlock device of a type approved by the commissioner 8 of public safety on all vehicles owned or operated by the 9 defendant if the defendant seeks a temporary restricted 10 license at the end of the minimum period of ineligibility. The 11 temporary restricted license shall be issued in accordance with 12 section 321J.20, subsection 2 . A temporary restricted license 13 shall not be granted by the department until the defendant 14 installs the ignition interlock device. 15 Sec. 11. Section 321J.20, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2018, is amended to read as 17 follows: 18 The department may, on application, issue a temporary 19 restricted license to a person whose noncommercial driver’s 20 license is revoked under this chapter allowing unless the 21 person’s noncommercial driver’s license has been permanently 22 revoked. A temporary restricted license issued under this 23 subsection shall allow the person to drive to and from the 24 person’s home and specified places at specified times which can 25 be verified by the department and which are required by the 26 person’s full-time or part-time employment, continuing health 27 care or the continuing health care of another who is dependent 28 upon the person, continuing education while enrolled in an 29 educational institution on a part-time or full-time basis and 30 while pursuing a course of study leading to a diploma, degree, 31 or other certification of successful educational completion, 32 substance abuse treatment, court-ordered community service 33 responsibilities, appointments with the person’s parole or 34 probation officer, and participation in a program established 35 -6- LSB 5149YH (4) 87 ns/rh 6/ 10

H.F. 2074 pursuant to chapter 901D , if the person’s driver’s license has 1 not been revoked previously under section 321J.4 , 321J.9 , or 2 321J.12 and if any of the following apply: 3 Sec. 12. Section 321J.20, subsection 1, paragraph b, Code 4 2018, is amended to read as follows: 5 b. A temporary restricted license may be issued under this 6 subsection if the person’s noncommercial driver’s license is 7 revoked for two four years under section 321J.4, subsection 2 , 8 or section 321J.9, subsection 1 , paragraph “b” , and the first 9 three hundred sixty-five days of the revocation have expired. 10 Sec. 13. Section 321J.20, subsection 2, paragraph a, Code 11 2018, is amended to read as follows: 12 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 solely for violations 19 of this chapter , or who has been determined to be a habitual 20 offender under chapter 321 based solely on violations of this 21 chapter or on violations listed in section 321.560, subsection 22 1 , paragraph “b” , and who is not eligible for a temporary 23 restricted license under subsection 1 . However, the department 24 may shall not issue a temporary restricted license under 25 this subsection for a violation of section 321J.2A , or to a 26 person under the age of twenty-one whose license is revoked 27 under section 321J.4 , 321J.9 , or 321J.12 , or to a person whose 28 noncommercial driver’s license has been permanently revoked 29 under this chapter . A temporary restricted license issued 30 under this subsection may allow the person to drive to and 31 from the person’s home and specified places at specified times 32 which can be verified by the department and which are required 33 by the person’s full-time or part-time employment; continuing 34 education while enrolled in an educational institution on a 35 -7- LSB 5149YH (4) 87 ns/rh 7/ 10

H.F. 2074 part-time or full-time basis and while pursuing a course of 1 study leading to a diploma, degree, or other certification of 2 successful educational completion; substance abuse treatment; 3 or participation in a program established pursuant to chapter 4 901D . 5 Sec. 14. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and 6 4, Code 2018, are amended to read as follows: 7 1. A person commits a class “B” felony when the person 8 unintentionally causes the death of another by operating a 9 motor vehicle while intoxicated, as prohibited by section 10 321J.2 . 11 1A. a. Upon a plea or verdict of guilty of a violation 12 of this subsection 1 , the defendant shall surrender to the 13 court any Iowa license or permit and the court shall forward 14 the license or permit to the department with a copy of the 15 order of conviction. Upon receipt of the order of conviction, 16 the department shall revoke the defendant’s driver’s license 17 or nonresident operating privilege for a period of six years 18 permanently . The defendant shall not be eligible for a any 19 temporary restricted license for at least two years after the 20 revocation . 21 1B. b. Upon a plea or verdict of guilty of a violation of 22 this subsection 1 , the court shall order the defendant, at the 23 defendant’s expense, to do the following: 24 a. Enroll, attend, and satisfactorily complete a course for 25 drinking drivers, as provided in section 321J.22 . 26 b. Submit submit to evaluation and treatment or 27 rehabilitation services. 28 1C. A driver’s license or nonresident operating privilege 29 shall not be reinstated until proof of completion of the 30 requirements of subsection 1B is presented to the department. 31 1D. c. Where the program is available and appropriate for 32 the defendant, the court shall also order the defendant to 33 participate in a reality education substance abuse prevention 34 program as provided in section 321J.24 . 35 -8- LSB 5149YH (4) 87 ns/rh 8/ 10

H.F. 2074 4. A person commits a class “D” felony when the person 1 unintentionally causes a serious injury, as defined in 2 section 702.18 , by any of the means described in subsection 3 1 or 2 . Upon a plea or verdict of guilty of a violation of 4 this subsection by the means described in subsection 1, the 5 defendant shall surrender to the court any Iowa license or 6 permit and the court shall forward the license or permit to 7 the department with a copy of the order of conviction. Upon 8 receipt of the order of conviction, the department shall revoke 9 the defendant’s driver’s license or nonresident operating 10 privilege permanently. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to driver’s license suspensions and 15 revocations for operating-while-intoxicated (OWI) offenses. 16 The bill increases the driver’s license revocation period 17 for OWI offenses. For a first OWI offense where the person 18 submitted to a chemical test, the bill increases the driver’s 19 license revocation period from 180 days to one year. For 20 a first OWI offense where the person refused to submit to 21 a chemical test, the bill increases the driver’s license 22 revocation period from one year to two years. For a second 23 OWI offense where the person submitted to a chemical test, the 24 bill increases the driver’s license revocation period from one 25 year to two years. For a second OWI offense where the person 26 refused to submit to a chemical test, the bill increases the 27 driver’s license revocation period from two years to four 28 years. For a third or subsequent OWI offense, the bill strikes 29 the driver’s license revocation period of six years and imposes 30 permanent revocation. For an OWI offense causing death, the 31 bill strikes the driver’s license revocation period of six 32 years and imposes permanent revocation. Finally, for an OWI 33 offense causing serious injury, the bill strikes the driver’s 34 license revocation period of one year, which is in addition 35 -9- LSB 5149YH (4) 87 ns/rh 9/ 10

H.F. 2074 to the revocation period for the underlying OWI offense, and 1 imposes permanent revocation. 2 Under current law, Code section 321.210D provides, in part, 3 that if a person is charged with an OWI offense causing death, 4 the clerk of the district court shall forward notice to the 5 department of transportation (DOT), and the department shall 6 notify the person that the person’s driver’s license will be 7 suspended effective 10 days from the date of issuance of the 8 notice. If the person is not convicted, the clerk of the 9 district court shall forward a notice to the DOT, and the 10 department shall automatically rescind the suspension and 11 reinstate the person’s driver’s license without payment of any 12 charge or penalty. The bill applies these procedures to a 13 person charged with an OWI offense causing serious injury. 14 The bill removes OWI offenses causing serious injury from 15 the list of offenses under Code section 321.555 for which 16 a person can be designated as an habitual offender for the 17 purposes of driver’s license revocation. 18 The bill prohibits the DOT from issuing a temporary 19 restricted license under Code chapter 321J to a person whose 20 driver’s license has been permanently revoked. 21 Under current law, a person convicted of an OWI offense 22 causing death is required to enroll, attend, and satisfactorily 23 complete a course for drinking drivers designed to inform the 24 person about drinking and driving and encourage the person 25 to assess the person’s own drinking and driving behavior in 26 order to select practical alternatives. The bill strikes this 27 requirement. 28 -10- LSB 5149YH (4) 87 ns/rh 10/ 10