H.F. 2338 Section 1. Section 321.560, subsection 1, paragraph b, Code 1 2018, is amended to read as follows: 2 b. A temporary restricted license may be issued pursuant 3 to section 321J.20 , subsection 2, to a person declared to be a 4 habitual offender due to a combination of the offenses listed 5 under section 321.555, subsection 1 , paragraphs “b” and “c” . 6 Sec. 2. Section 321J.2, subsection 3, paragraph c, 7 unnumbered paragraph 1, Code 2018, is amended to read as 8 follows: 9 Assessment of a fine of one thousand two hundred fifty 10 dollars. However, in the discretion of the court, if no 11 personal or property injury has resulted from the defendant’s 12 actions, the court may waive up to six hundred twenty-five 13 dollars of the fine when the defendant presents to the court 14 at the end of the minimum period of ineligibility a temporary 15 restricted license issued pursuant to section 321J.20 . 16 Sec. 3. Section 321J.2, subsection 3, paragraph d, Code 17 2018, is amended to read as follows: 18 d. Revocation of the person’s driver’s license for a minimum 19 period of one hundred eighty days up to a maximum revocation 20 period of one year, pursuant to section 321J.4, subsection 21 1 , section 321J.9 , or section 321J.12 , subsection 2 . If a 22 revocation occurs due to test refusal under section 321J.9 , 23 the defendant shall be ineligible for a temporary restricted 24 license for a minimum period of ninety days. 25 (1) A defendant whose alcohol concentration is .08 or more 26 but not more than .10 shall not be eligible for any temporary 27 restricted license for at least thirty days if a test was 28 obtained and an accident resulting in personal injury or 29 property damage occurred. The department shall require the 30 defendant to install an ignition interlock device of a type 31 approved by the commissioner of public safety on all vehicles 32 owned or operated by the defendant if the defendant seeks a 33 temporary restricted license. There shall be no such period of 34 ineligibility if no such accident occurred, and the defendant 35 -1- LSB 6129HV (3) 87 ns/rh 1/ 13

H.F. 2338 shall not be required to install an ignition interlock device. 1 (2) A defendant whose alcohol concentration is more than .10 2 shall not be eligible for any temporary restricted license for 3 at least thirty days if a test was obtained, and an accident 4 resulting in personal injury or property damage occurred or the 5 defendant’s alcohol concentration exceeded .15. There shall be 6 no such period of ineligibility if no such accident occurred 7 and the defendant’s alcohol concentration did not exceed .15. 8 In either case, where a defendant’s alcohol concentration is 9 more than .10, the department shall require the defendant to 10 install an ignition interlock device of a type approved by the 11 commissioner of public safety on all vehicles owned or operated 12 by the defendant if the defendant seeks a temporary restricted 13 license. 14 Sec. 4. Section 321J.4, subsections 1, 2, 3, 4, 5, and 6, 15 Code 2018, are amended to read as follows: 16 1. If a defendant is convicted of a violation of section 17 321J.2 and the defendant’s driver’s license or nonresident 18 operating privilege has not been revoked under section 321J.9 19 or 321J.12 for the occurrence from which the arrest arose, the 20 department shall revoke the defendant’s driver’s license or 21 nonresident operating privilege for one hundred eighty days 22 if the defendant submitted to chemical testing and has had 23 no previous conviction or revocation under this chapter and 24 shall revoke the defendant’s driver’s license or nonresident 25 operating privilege for one year if the defendant refused to 26 submit to chemical testing and has had no previous conviction 27 or revocation under this chapter . The defendant shall not be 28 eligible for any temporary restricted license for at least 29 ninety days if a test was refused under section 321J.9 . 30 a. A defendant whose alcohol concentration is .08 or more 31 but not more than .10 shall not be eligible for any temporary 32 restricted license for at least thirty days if a test was 33 obtained and an accident resulting in personal injury or 34 property damage occurred. The department shall require the 35 -2- LSB 6129HV (3) 87 ns/rh 2/ 13

H.F. 2338 defendant to install an ignition interlock device of a type 1 approved by the commissioner of public safety on all vehicles 2 owned or operated by the defendant if the defendant seeks a 3 temporary restricted license. There shall be no such period of 4 ineligibility if no such accident occurred, and the defendant 5 shall not be required to install an ignition interlock device. 6 b. A defendant whose alcohol concentration is more than .10 7 shall not be eligible for any temporary restricted license for 8 at least thirty days if a test was obtained and an accident 9 resulting in personal injury or property damage occurred or the 10 defendant’s alcohol concentration exceeded .15. There shall be 11 no such period of ineligibility if no such accident occurred 12 and the defendant’s alcohol concentration did not exceed .15. 13 In either case, where a defendant’s alcohol concentration is 14 more than .10, the department shall require the defendant 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. 19 c. If the defendant is under the age of twenty-one, the 20 defendant shall not be eligible for a temporary restricted 21 license for at least sixty days after the effective date of 22 revocation. 23 2. If a defendant is convicted of a violation of section 24 321J.2 , and the defendant’s driver’s license or nonresident 25 operating privilege has not already been revoked under section 26 321J.9 or 321J.12 for the occurrence from which the arrest 27 arose, the department shall revoke the defendant’s driver’s 28 license or nonresident operating privilege for one year if the 29 defendant submitted to chemical testing and has had a previous 30 conviction or revocation under this chapter and shall revoke 31 the defendant’s driver’s license or nonresident operating 32 privilege for two years if the defendant refused to submit to 33 chemical testing and has had a previous revocation under this 34 chapter . The defendant shall not be eligible for any temporary 35 -3- LSB 6129HV (3) 87 ns/rh 3/ 13

H.F. 2338 restricted license for forty-five days after the effective date 1 of revocation if the defendant submitted to chemical testing 2 and shall not be eligible for any temporary restricted license 3 for ninety days after the effective date of revocation if the 4 defendant refused chemical testing. The temporary restricted 5 license shall be issued in accordance with section 321J.20, 6 subsection 2 . The department shall require the defendant to 7 install an ignition interlock device of a type approved by the 8 commissioner of public safety on all vehicles owned or operated 9 by the defendant if the defendant seeks a temporary restricted 10 license at the end of the minimum period of ineligibility . 11 A temporary restricted license shall not be granted by the 12 department until the defendant installs the ignition interlock 13 device. 14 3. If the court defers judgment pursuant to section 907.3 15 for a violation of section 321J.2 , and if the defendant’s 16 driver’s license or nonresident operating privilege has not 17 been revoked under section 321J.9 or 321J.12 , or has not 18 otherwise been revoked for the occurrence from which the arrest 19 arose, the department shall revoke the defendant’s driver’s 20 license or nonresident operating privilege for a period of not 21 less than thirty days nor more than ninety days. The defendant 22 shall not be eligible for any temporary restricted license for 23 at least ninety days if a test was refused. 24 a. A defendant whose alcohol concentration is .08 or more 25 but not more than .10 shall not be eligible for any temporary 26 restricted license for at least thirty days if a test was 27 obtained and an accident resulting in personal injury or 28 property damage occurred. The department shall require the 29 defendant to install an ignition interlock device of a type 30 approved by the commissioner of public safety on all vehicles 31 owned or operated by the defendant if the defendant seeks a 32 temporary restricted license. There shall be no such period of 33 ineligibility if no such accident occurred, and the defendant 34 shall not be required to install an ignition interlock device. 35 -4- LSB 6129HV (3) 87 ns/rh 4/ 13

H.F. 2338 b. A defendant whose alcohol concentration is more than .10 1 shall not be eligible for any temporary restricted license for 2 at least thirty days if a test was obtained and an accident 3 resulting in personal injury or property damage occurred or the 4 defendant’s alcohol concentration exceeded .15. There shall be 5 no such period of ineligibility if no such accident occurred 6 and the defendant’s alcohol concentration did not exceed .15. 7 In either case, where a defendant’s alcohol concentration is 8 more than .10, the department shall require the defendant to 9 install 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 c. If the defendant is under the age of twenty-one, the 14 defendant shall not be eligible for a temporary restricted 15 license for at least sixty days after the effective date of the 16 revocation. 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. The defendant shall not be eligible 21 for a temporary restricted license for one year after the 22 effective date of the revocation. The department shall require 23 the defendant to install an ignition interlock device of a type 24 approved by the commissioner of public safety on all vehicles 25 owned or operated by the defendant if the defendant seeks a 26 temporary restricted license at the end of the minimum period 27 of ineligibility . A temporary restricted license shall not 28 be granted by the department until the defendant installs the 29 ignition interlock device. 30 5. Upon a plea or verdict of guilty of a violation of 31 section 321J.2 which involved a personal injury, the court 32 shall determine in open court, from consideration of the 33 information in the file and any other evidence the parties may 34 submit, whether a serious injury was sustained by any person 35 -5- LSB 6129HV (3) 87 ns/rh 5/ 13

H.F. 2338 other than the defendant and, if so, whether the defendant’s 1 conduct in violation of section 321J.2 caused the serious 2 injury. If the court so determines, the court shall order 3 the department to revoke the defendant’s driver’s license or 4 nonresident operating privilege for a period of one year in 5 addition to any other period of suspension or revocation. The 6 defendant shall not be eligible for any temporary restricted 7 license until the minimum period of ineligibility has expired 8 under this section or section 321J.9 , 321J.12 , or 321J.20 . The 9 defendant shall surrender to the court any Iowa license or 10 permit and the court shall forward it to the department with a 11 copy of the order for revocation. 12 6. Upon a plea or verdict of guilty of a violation of 13 section 321J.2 which involved a death, the court shall 14 determine in open court, from consideration of the information 15 in the file and any other evidence the parties may submit, 16 whether a death occurred and, if so, whether the defendant’s 17 conduct in violation of section 321J.2 caused the death. If 18 the court so determines, the court shall order the department 19 to revoke the defendant’s driver’s license or nonresident 20 operating privilege for a period of six years. The defendant 21 shall not be eligible for any temporary restricted license for 22 at least two years after the revocation. The defendant shall 23 surrender to the court any Iowa license or permit and the court 24 shall forward it to the department with a copy of the order for 25 revocation. 26 Sec. 5. Section 321J.9, subsections 2 and 3, Code 2018, are 27 amended to read as follows: 28 2. a. A person whose driver’s license or nonresident 29 operating privileges are revoked under subsection 1 shall not 30 be eligible for a temporary restricted license for at least 31 ninety days after the effective date of the revocation. A 32 temporary restricted license issued to a person whose driver’s 33 license or nonresident driving privilege has been revoked under 34 subsection 1 , paragraph “b” , shall be issued in accordance with 35 -6- LSB 6129HV (3) 87 ns/rh 6/ 13

H.F. 2338 section 321J.20, subsection 2 . 1 b. The department shall require the defendant to install 2 an ignition interlock device of a type approved by the 3 commissioner of public safety on all vehicles owned or operated 4 by the defendant if the defendant seeks a temporary restricted 5 license at the end of the minimum period of ineligibility . 6 A temporary restricted license shall not be granted by the 7 department until the defendant installs the ignition interlock 8 device. 9 3. If the person is a resident without a license or permit 10 to operate a motor vehicle in this state, the department shall 11 deny to the person the issuance of a license or permit for the 12 same period a license or permit would be revoked, and deny 13 issuance of a temporary restricted license for the same period 14 of ineligibility for receipt of a temporary restricted license, 15 subject to review as provided in this chapter . 16 Sec. 6. Section 321J.12, subsection 2, Code 2018, is amended 17 to read as follows: 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 but 21 not more than .10 shall not be eligible for any temporary 22 restricted license for at least thirty days after the effective 23 date of the revocation if a test was obtained and an accident 24 resulting in personal injury or property damage occurred. The 25 department shall require the defendant to install an ignition 26 interlock device of a type approved by the commissioner 27 of public safety on all vehicles owned or operated by the 28 defendant if the defendant seeks a temporary license. There 29 shall be no such period of ineligibility if no such accident 30 occurred, and the defendant shall not be required to install 31 an 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 -7- LSB 6129HV (3) 87 ns/rh 7/ 13

H.F. 2338 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 to 6 install an ignition interlock device of a type approved by the 7 commissioner of public safety on all vehicles owned or operated 8 by the defendant if the defendant seeks a temporary restricted 9 license. 10 c. If the person is under the age of twenty-one, the person 11 shall not be eligible for a temporary restricted license for at 12 least sixty days after the effective date of the revocation. 13 d. A person whose license or privileges have been revoked 14 under subsection 1 , paragraph “b” , for one year shall not be 15 eligible for any temporary restricted license for forty-five 16 days after the effective date of the revocation, and the 17 department shall require the person to install an ignition 18 interlock device of a type approved by the commissioner 19 of public safety on all vehicles owned or operated by the 20 defendant if the defendant seeks a temporary restricted 21 license at the end of the minimum period of ineligibility. The 22 temporary restricted license shall be issued in accordance with 23 section 321J.20, subsection 2 . A temporary restricted license 24 shall not be granted by the department until the defendant 25 installs the ignition interlock device. 26 Sec. 7. Section 321J.13, subsection 1, Code 2018, is amended 27 to read as follows: 28 1. Notice of revocation of a person’s noncommercial 29 driver’s license or operating privilege served pursuant to 30 section 321J.9 or 321J.12 shall include a form accompanied by a 31 preaddressed envelope on which the person served may indicate 32 by a checkmark if the person only wishes to request a temporary 33 restricted license after the mandatory ineligibility period for 34 issuance of a temporary restricted license has ended , or if the 35 -8- LSB 6129HV (3) 87 ns/rh 8/ 13

H.F. 2338 person wishes a hearing to contest the revocation. The form 1 shall clearly state on its face that the form must be completed 2 and returned within ten days of receipt or the person’s right 3 to a hearing to contest the revocation is foreclosed. The form 4 shall also be accompanied by a statement of the operation of 5 and the person’s rights under this chapter . 6 Sec. 8. Section 321J.20, subsections 1, 2, and 4, Code 2018, 7 are amended to read as follows: 8 1. a. The department may, on application, issue a temporary 9 restricted license to a person whose noncommercial driver’s 10 license is revoked under this chapter , or revoked or suspended 11 under chapter 321 solely for violations of this chapter, 12 or who has been determined to be a habitual offender under 13 chapter 321 based solely on violations of this chapter or on 14 violations listed in section 321.560, subsection 1, paragraph 15 “b” , allowing the person to drive to and from the person’s 16 home and specified places at specified times which can be 17 verified by the department and which are required by the 18 person’s full-time or part-time employment, continuing health 19 care or the continuing health care of another who is dependent 20 upon the person, continuing education while enrolled in an 21 educational institution on a part-time or full-time basis and 22 while pursuing a course of study leading to a diploma, degree, 23 or other certification of successful educational completion, 24 substance abuse treatment, court-ordered community service 25 responsibilities, appointments with the person’s parole or 26 probation officer, and participation in a program established 27 pursuant to chapter 901D , if the person’s driver’s license has 28 not been revoked previously under section 321J.4 , 321J.9 , or 29 321J.12 and if any of the following apply: 30 (1) The person’s noncommercial driver’s license is revoked 31 under section 321J.4 and the minimum period of ineligibility 32 for issuance of a temporary restricted license has expired. 33 This subsection shall not apply to a revocation ordered under 34 section 321J.4 resulting from a plea or verdict of guilty of a 35 -9- LSB 6129HV (3) 87 ns/rh 9/ 13

H.F. 2338 violation of section 321J.2 that involved a death. 1 (2) The person’s noncommercial driver’s license is revoked 2 under section 321J.9 and the person has entered a plea of 3 guilty on a charge of a violation of section 321J.2 which 4 arose from the same set of circumstances which resulted in 5 the person’s driver’s license revocation under section 321J.9 6 and the guilty plea is not withdrawn at the time of or after 7 application for the temporary restricted license, and the 8 minimum period of ineligibility for issuance of a temporary 9 restricted license has expired. 10 (3) The person’s noncommercial driver’s license is revoked 11 under section 321J.12 , and the minimum period of ineligibility 12 for issuance of a temporary restricted license has expired 13 operate a motor vehicle in any manner allowed for a person 14 issued a valid class C driver’s license, unless otherwise 15 prohibited by this chapter . 16 b. A temporary restricted license may be issued under this 17 subsection if the person’s noncommercial driver’s license is 18 revoked for two years under section 321J.4, subsection 2 , or 19 section 321J.9, subsection 1 , paragraph “b” , and the first three 20 hundred sixty-five days of the revocation have expired. 21 c. This subsection does not apply to a person whose license 22 was revoked under section 321J.2A or section 321J.4, subsection 23 4 or 6 , or to a person whose license is suspended or revoked for 24 another reason. 25 d. Following the applicable minimum period of ineligibility, 26 a temporary restricted license under this subsection shall 27 not be issued until the applicant installs an ignition 28 interlock device of a type approved by the commissioner of 29 public safety on all motor vehicles owned or operated by the 30 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 31 or 321J.12 . Installation of an ignition interlock device 32 under this subsection shall be required for the period of time 33 for which the temporary restricted license is issued and for 34 such additional period of time following reinstatement as is 35 -10- LSB 6129HV (3) 87 ns/rh 10/ 13

H.F. 2338 required under section 321J.17, subsection 3 . 1 2. a. Notwithstanding section 321.560 , the department may, 2 on application, and upon the expiration of the minimum period 3 of ineligibility for a temporary restricted license provided 4 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 5 temporary restricted license to a person whose noncommercial 6 driver’s license has either been revoked under this chapter , or 7 revoked or suspended under chapter 321 solely for violations 8 of this chapter , or who has been determined to be a habitual 9 offender under chapter 321 based solely on violations of 10 this chapter or on violations listed in section 321.560, 11 subsection 1 , paragraph “b” , and who is not eligible for a 12 temporary restricted license under subsection 1 . However, 13 the department may not issue a temporary restricted license 14 under this subsection for a violation of section 321J.2A or 15 to a person under the age of twenty-one whose license is 16 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 17 restricted license issued under this subsection may allow the 18 person to drive to and from the person’s home and specified 19 places at specified times which can be verified by the 20 department and which are required by the person’s full-time or 21 part-time employment; continuing education while enrolled in an 22 educational institution on a part-time or full-time basis and 23 while pursuing a course of study leading to a diploma, degree, 24 or other certification of successful educational completion; 25 substance abuse treatment; or participation in a program 26 established pursuant to chapter 901D . 27 b. A temporary restricted license issued under this 28 subsection section shall not be issued until the applicant 29 installs an approved ignition interlock device on all motor 30 vehicles owned or operated by the applicant. Installation of 31 an ignition interlock device under this subsection section 32 shall be required for the period of time for which the 33 temporary restricted license is issued, and for such additional 34 period of time following reinstatement as is required under 35 -11- LSB 6129HV (3) 87 ns/rh 11/ 13

H.F. 2338 section 321J.17, subsection 3 . However, a person whose 1 driver’s license or nonresident operating privilege has been 2 revoked under section 321J.21 may apply to the department for 3 a temporary restricted license without the requirement of 4 an ignition interlock device if at least twelve years have 5 elapsed since the end of the underlying revocation period for 6 a violation of section 321J.2 . 7 4. A person holding a temporary restricted license issued 8 by the department under this section shall not operate a motor 9 vehicle for pleasure. 10 Sec. 9. APPLICABILITY. This Act applies to all persons who 11 apply for or are issued a temporary restricted license under 12 chapter 321J on or after July 1, 2018. The department shall 13 allow a person issued a temporary restricted license prior to 14 July 1, 2018, that is subject to the restrictions provided 15 in section 321J.20, subsection 1, paragraph “a”, and section 16 321J.20, subsection 2, paragraph “a”, Code 2018, to apply for 17 and be issued a temporary restricted license subject to the 18 restrictions provided in this Act. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill strikes the ineligibility periods for the issuance 23 of a temporary restricted license (TRL) under Code chapter 24 321J (operating a motor vehicle while intoxicated). The bill 25 requires the installation of an approved ignition interlock 26 device on all motor vehicles owned or operated by a holder of a 27 TRL issued under Code chapter 321J. 28 The bill strikes provisions limiting the use of a TRL 29 issued under Code chapter 321J to operating a motor vehicle 30 for purposes of a person’s employment, health care, education, 31 substance abuse treatment, court-ordered community service 32 responsibilities, appointments with the person’s parole or 33 probation officer, or participation in a sobriety and drug 34 monitoring program. In addition, the bill strikes a provision 35 -12- LSB 6129HV (3) 87 ns/rh 12/ 13

H.F. 2338 prohibiting the use of a TRL issued under Code chapter 321J to 1 operate a motor vehicle for pleasure. The bill provides that 2 the holder of a TRL issued under Code chapter 321J may operate 3 motor vehicles in any manner allowed for a person issued a 4 valid class C driver’s license, unless otherwise prohibited 5 by Code chapter 321J. The bill does not amend provisions 6 prohibiting the holder of a TRL issued under Code chapter 321J 7 from operating a commercial motor vehicle or school bus. 8 The bill does not strike the two-year ineligibility period 9 for issuance of a TRL under Code section 707.6A for a person 10 who commits homicide by vehicle by operating a motor vehicle 11 while intoxicated. 12 The bill applies to all persons who apply for or are issued 13 a TRL under Code chapter 321J on or after July 1, 2018. The 14 bill requires the department of transportation to allow a 15 person issued a TRL prior to July 1, 2018, that is subject to 16 the driving restrictions provided in Code section 321J.20, 17 Code 2018, to apply for and be issued a TRL subject to the 18 restrictions provided in the bill. 19 -13- LSB 6129HV (3) 87 ns/rh 13/ 13