House File 362 - Introduced HOUSE FILE 362 BY SALMON A BILL FOR An Act relating to operating while intoxicated offenders 1 and persons involved in the sale of alcoholic beverages, 2 including the establishment of a statewide sobriety and 3 drug monitoring program, establishing fees, and providing 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1244YH (7) 87 ns/rh
H.F. 362 DIVISION I 1 STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM 2 Section 1. LEGISLATIVE FINDINGS —— PURPOSE. 3 1. The general assembly finds that operating a motor vehicle 4 in this state is a privilege, not a right. A person who wishes 5 to enjoy the benefits of this privilege shall accept the 6 corresponding responsibilities. 7 2. The general assembly declares that the purpose of this 8 division of this Act is to do all of the following: 9 a. Protect the public health and welfare by reducing the 10 number of people on the highways of this state who operate a 11 motor vehicle under the influence of alcohol or a controlled 12 substance. 13 b. Protect the public health and welfare by reducing the 14 number of offenders who commit crimes in which the abuse of 15 alcohol or a controlled substance is a contributing factor in 16 the commission of the crime. 17 c. Strengthen the pretrial and post-trial options available 18 to prosecutors and judges in responding to offenders who commit 19 crimes in which the abuse of alcohol or a controlled substance 20 is a contributing factor in the commission of the crime. 21 d. Assure the timely and sober participation of offenders 22 in judicial proceedings. 23 3. The general assembly declares that it is important to 24 have a centralized repository for all information related to 25 alcohol and controlled substance testing required by the laws 26 of this state or as a condition of bond, pretrial release, 27 sentence, probation, parole, or a temporary restricted license. 28 Sec. 2. NEW SECTION . 901D.1 Short title. 29 This chapter shall be known and may be cited as the “Iowa 30 Sobriety and Drug Monitoring Program Act” . 31 Sec. 3. NEW SECTION . 901D.2 Definitions. 32 As used in this chapter, unless the context otherwise 33 requires: 34 1. “Alcohol” means an alcoholic beverage as defined in 35 -1- LSB 1244YH (7) 87 ns/rh 1/ 41
H.F. 362 section 321J.1. 1 2. “Controlled substance” means as defined in section 2 124.101. 3 3. “Department” means the department of public safety. 4 4. “Eligible offense” means a criminal offense in which the 5 abuse of alcohol or a controlled substance was a contributing 6 factor in the commission of the offense, as determined by the 7 court or governmental entity of the participating jurisdiction. 8 “Eligible offense” includes but is not limited to a first or 9 subsequent offense of operating while intoxicated in violation 10 of section 321J.2. 11 5. “Immediate sanction” means a sanction that is applied 12 within minutes of a failed test result. 13 6. “Law enforcement agency” means a law enforcement agency 14 charged with enforcement of the program created under this 15 chapter. 16 7. “Participating jurisdiction” means a county or other 17 governmental entity that chooses to participate in the program 18 created under this chapter. 19 8. “Sobriety and drug monitoring program” or “program” means 20 the program established pursuant to section 901D.3. 21 9. “Testing” means a procedure or set of procedures 22 performed to determine the presence of alcohol or a controlled 23 substance in a person’s breath or bodily fluid, including 24 blood, urine, saliva, and perspiration, and includes any 25 combination of breath testing, drug patch testing, urine 26 analysis testing, saliva testing, and continuous or transdermal 27 alcohol monitoring. Subject to section 901D.3, the department 28 may approve additional testing methodologies or the testing of 29 alternative bodily fluids. 30 10. “Timely sanction” means a sanction that is applied 31 within hours or days after a failed test result. A timely 32 sanction shall be applied as soon as possible, but the period 33 between the failed test result and the application of the 34 timely sanction shall not exceed five days. 35 -2- LSB 1244YH (7) 87 ns/rh 2/ 41
H.F. 362 Sec. 4. NEW SECTION . 901D.3 Program created. 1 1. The department of public safety shall establish a 2 statewide sobriety and drug monitoring program to be used 3 by participating jurisdictions, which shall be available 4 twenty-four hours per day, seven days per week. Pursuant to 5 the provisions of this chapter, a court or governmental entity, 6 or an authorized officer thereof, within a participating 7 jurisdiction may, as a condition of bond, pretrial release, 8 sentence, probation, parole, or a temporary restricted license, 9 do all of the following: 10 a. Require a person who has been charged with, pled guilty 11 to, or been convicted of an eligible offense to abstain from 12 alcohol and controlled substances for a period of time. 13 b. Require the person to be subject to testing to determine 14 whether alcohol or a controlled substance is present in the 15 person’s body in the following manner: 16 (1) At least twice per day at a central location where an 17 immediate sanction can be effectively applied. 18 (2) Where testing under subparagraph (1) creates a 19 documented hardship or is geographically impractical, by an 20 alternative method approved by the department and consistent 21 with this section where a timely sanction can be effectively 22 applied. 23 2. a. A person who has been required to participate in the 24 program by a court or governmental entity and whose driver’s 25 license is suspended or revoked shall not begin participation 26 in the program or be subject to the testing required by the 27 program until the person is eligible for a temporary restricted 28 license under applicable law. 29 b. In order to participate in the program, a person shall be 30 required to install an approved ignition interlock device on 31 all motor vehicles owned or operated by the person. 32 c. A person wishing to participate in the program who has 33 been charged with, pled guilty to, or been convicted of an 34 eligible offense, but has not been required by a court or 35 -3- LSB 1244YH (7) 87 ns/rh 3/ 41
H.F. 362 governmental entity to participate in the program, may apply 1 to the court or governmental entity of the participating 2 jurisdiction on a form created by the participating 3 jurisdiction, and the court or governmental entity may order 4 the person to participate in the program as a condition 5 of bond, pretrial release, sentence, probation, parole, 6 or a temporary restricted license. The application form 7 shall include an itemization of all costs associated with 8 participation in the program. 9 3. The program shall be evidence-based and shall satisfy at 10 least two of the following requirements: 11 a. The program is included in the United States substance 12 abuse and mental health services administration’s national 13 registry of evidence-based programs and practices. 14 b. The program has been reported in a peer-reviewed journal 15 as having positive effects on the primary targeted outcome. 16 c. The program has been documented as effective by informed 17 experts and other sources. 18 4. a. The core components of the program shall include 19 the use of a primary testing methodology for determining the 20 presence of alcohol or a controlled substance in a person that 21 best facilitates the ability of a law enforcement agency to 22 apply immediate sanctions for failed test results and that is 23 available at an affordable cost. 24 b. In cases of documented hardship or geographic 25 impracticality, or in cases where a program participant 26 has received less stringent testing requirements, testing 27 methodologies that best facilitate the ability of a law 28 enforcement agency to apply timely sanctions for noncompliant 29 test results may be utilized. For purposes of this section, 30 hardship or geographic impracticality shall be determined by 31 documentation and consideration of the following factors: 32 (1) Whether a testing device is available. 33 (2) Whether the participant is capable of paying the fees 34 and costs associated with the testing device. 35 -4- LSB 1244YH (7) 87 ns/rh 4/ 41
H.F. 362 (3) Whether the participant is capable of wearing the 1 testing device. 2 (4) Whether the participant fails to qualify for testing 3 twice per day because of one or more of the following: 4 (a) The participant lives in a rural area and submitting to 5 testing twice per day would be unduly burdensome. 6 (b) The participant’s employment requires the participant’s 7 presence at a location remote from the testing location and 8 submitting to testing twice per day would be unduly burdensome. 9 (c) The participant has repeatedly violated the 10 requirements of the program while submitting to testing twice 11 per day and poses a substantial risk of continuing to violate 12 the requirements of the program. 13 5. A jurisdiction wishing to participate in the program 14 shall submit an application to the department. A jurisdiction 15 shall not participate in the program unless the jurisdiction’s 16 application for participation has been approved by the 17 department. If a jurisdiction is approved for participation in 18 the program, the department shall assist the jurisdiction in 19 setting up and administering the program in that jurisdiction 20 in compliance with this chapter. 21 6. a. If a jurisdiction participates in the program, the 22 participating jurisdiction or a law enforcement agency of the 23 participating jurisdiction may designate a third party to 24 provide testing services or to take any other action required 25 or authorized to be provided by the participating jurisdiction 26 or law enforcement agency under this chapter, except a 27 third-party designee shall not determine whether to participate 28 in the program. 29 b. The participating jurisdiction, in consultation with the 30 law enforcement agency of the participating jurisdiction, shall 31 establish testing locations for the program. 32 7. Any efforts by the department to alter or modify a core 33 component of the program shall include a documented strategy 34 for achieving and measuring the effectiveness of the planned 35 -5- LSB 1244YH (7) 87 ns/rh 5/ 41
H.F. 362 alteration or modification. Before the department alters or 1 modifies a core component of the program, a pilot program 2 with defined objectives and timelines shall be initiated, and 3 measurements of the effectiveness and impact of the proposed 4 alteration or modification to a core component shall be 5 monitored. The data shall be assessed and the department 6 shall make a determination as to whether the stated goals of 7 the alteration or modification were achieved and whether the 8 alteration or modification should be formally implemented into 9 the program. 10 Sec. 5. NEW SECTION . 901D.4 Rulemaking —— fees. 11 The department shall adopt rules pursuant to chapter 17A to 12 administer this chapter, including but not limited to rules 13 regarding any of the following: 14 1. Providing for the nature and manner of testing, including 15 the procedures and apparatus to be used for testing. 16 2. Establishing reasonable participant, enrollment, and 17 testing fees for the program, including fees to pay the costs 18 of installation, monitoring, and deactivation of any testing 19 device. The fees shall be set at an amount such that the fees 20 collected in a participating jurisdiction are sufficient to pay 21 for the costs of the program in the participating jurisdiction, 22 including all costs to the state associated with the program in 23 the participating jurisdiction. 24 3. Providing for the application, acceptance, and use of 25 public and private grants, gifts, and donations to support 26 program activities. 27 4. Establishing a process for the identification and 28 management of indigent participants. 29 5. Providing for the creation and administration of a 30 stakeholder group to review and recommend changes to the 31 program. 32 6. Establishing a process for the submission and approval of 33 applications from jurisdictions to participate in the program. 34 Sec. 6. NEW SECTION . 901D.5 Data management system. 35 -6- LSB 1244YH (7) 87 ns/rh 6/ 41
H.F. 362 1. The department shall provide for and approve the use 1 of a program data management system that shall be used by 2 the department and all participating jurisdictions to manage 3 testing, test events, test results, data access, fees, the 4 collection of fee payments, and the submission and collection 5 of any required reports. 6 2. The data management system shall include but is not 7 limited to all of the following features: 8 a. A secure, remotely hosted, demonstrated, internet-based 9 management application that allows multiple concurrent users to 10 access and input information. 11 b. The support of breath testing, continuous remote 12 transdermal alcohol monitoring, drug patch testing, and urine 13 analysis testing. 14 c. The capability to track and store events including 15 but not limited to participant enrollment, testing activity, 16 accounting activity, and participating law enforcement agency 17 activity. 18 d. The capability to generate reports of system fields and 19 data. The data management system shall allow reports to be 20 generated as needed and on a scheduled basis, and shall allow 21 reports to be exported over a network connection or by remote 22 printing. 23 e. The ability to identify program participants who have 24 previously been enrolled in a similar program in this state or 25 another state. 26 3. Unless otherwise required by federal law, all alcohol or 27 controlled substance testing performed as a condition of bond, 28 pretrial release, sentence, probation, parole, or a temporary 29 restricted license shall utilize and input results to the data 30 management system. 31 4. The data management system shall contain sufficient 32 security protocols to protect participants’ personal 33 information from unauthorized use. 34 Sec. 7. NEW SECTION . 901D.6 Authority to order program 35 -7- LSB 1244YH (7) 87 ns/rh 7/ 41
H.F. 362 participation. 1 1. A court or governmental entity, or an authorized officer 2 thereof, in a participating jurisdiction may utilize the 3 program as provided in this section. The program shall be a 4 preferred program for offenders charged with or convicted of an 5 eligible offense. 6 2. If a person convicted of a first or subsequent offense of 7 operating while intoxicated has been required to participate 8 in the program, has financial liability coverage pursuant 9 to section 321.20B, and the minimum period of ineligibility 10 for issuance of a temporary restricted license has expired 11 pursuant to chapter 321J, the court may notify the department 12 of transportation that, as a participant in the program, the 13 person is eligible for a temporary restricted license pursuant 14 to section 321J.20. 15 3. A court may condition any bond or pretrial release 16 otherwise authorized by law for a person charged with an 17 eligible offense upon participation in the program and payment 18 of the fees established pursuant to section 901D.4. 19 4. A court may condition a suspended sentence or probation 20 otherwise authorized by law for a person convicted of an 21 eligible offense upon participation in the program and payment 22 of the fees established pursuant to section 901D.4. 23 5. The board of parole, the department of corrections, or 24 a parole officer may condition parole otherwise authorized 25 by law for a person convicted of an eligible offense upon 26 participation in the program and payment of the fees 27 established pursuant to section 901D.4. 28 Sec. 8. NEW SECTION . 901D.7 Placement and enrollment. 29 1. Subject to sections 901D.3 and 901D.6, a participant 30 may be placed in the program as a condition of bond, pretrial 31 release, sentence, probation, parole, or a temporary 32 restricted license. However, a person who has been required to 33 participate in the program by a court or governmental entity 34 and whose driver’s license is suspended or revoked shall not 35 -8- LSB 1244YH (7) 87 ns/rh 8/ 41
H.F. 362 begin participation in the program or be subject to the testing 1 required by the program until the person is eligible for a 2 temporary restricted license under applicable law. 3 2. An order or directive placing a participant in the 4 program shall include the type of testing required to be 5 administered in the program and the length of time that the 6 participant is required to remain in the program. The person 7 issuing the order or directive shall send a copy of the order 8 or directive to the law enforcement agency of the participating 9 jurisdiction. 10 3. Upon receipt of a copy of an order or directive, 11 a representative of the law enforcement agency of the 12 participating jurisdiction shall enroll a participant in the 13 program prior to testing. 14 4. At the time of enrollment, a representative of the law 15 enforcement agency of the participating jurisdiction shall 16 enter the participant’s information into the data management 17 system described in section 901D.5. The representative of 18 the agency shall provide the participant with the appropriate 19 materials required by the program, inform the participant that 20 the participant’s information may be shared for law enforcement 21 and reporting purposes, and provide the participant with 22 information related to the required testing, procedures, and 23 fees. 24 5. The participant shall sign a form stating that the 25 participant understands the program requirements and releases 26 the participant’s information for law enforcement and reporting 27 purposes. 28 6. A participant shall report to the program for testing for 29 the length of time ordered by the court, the board of parole, 30 the department of corrections, or a parole officer. 31 Sec. 9. NEW SECTION . 901D.8 Collection, distribution, and 32 use of fees. 33 1. The law enforcement agency of a participating 34 jurisdiction shall do all of the following: 35 -9- LSB 1244YH (7) 87 ns/rh 9/ 41
H.F. 362 a. Establish and maintain a sobriety program account. 1 b. Collect the participant, enrollment, and testing fees 2 established pursuant to section 901D.4 and deposit the fees 3 and any other funds received for the program into the sobriety 4 program account for administration of the program. 5 2. A participant shall pay all fees directly to the law 6 enforcement agency of the participating jurisdiction. 7 3. a. The law enforcement agency shall distribute a 8 portion of the fees to any participating third-party designee 9 in accordance with the agreement between the agency and the 10 third-party designee. 11 b. The remainder of the fees collected shall be deposited in 12 the sobriety program account, and shall be used only for the 13 purposes of administering and operating the program. 14 Sec. 10. NEW SECTION . 901D.9 Noncompliance. 15 1. An allegation that a participant failed a test, refused 16 to submit to a test, or failed to appear for testing shall 17 be communicated ex parte by the participating jurisdiction, 18 a law enforcement agency of the participating jurisdiction, 19 or the participating jurisdiction’s third-party designee to a 20 magistrate as soon as practicable. A magistrate who receives 21 such a communication may order the participant’s immediate 22 incarceration pending a hearing on the allegation but lasting 23 no longer than twenty-four hours after the issuance of the 24 order, or if the participant failed to appear for testing as 25 scheduled, the magistrate may issue a warrant for the arrest of 26 the participant for a violation of the terms of bond, pretrial 27 release, sentence, probation, or parole, as applicable. 28 2. The magistrate may notify the department of 29 transportation of the participant’s noncompliance and direct 30 the department to withdraw any temporary restricted license 31 issued to the participant and reinstate the remainder of any 32 applicable license suspension or revocation period provided by 33 law. 34 Sec. 11. NEW SECTION . 901D.10 Report. 35 -10- LSB 1244YH (7) 87 ns/rh 10/ 41
H.F. 362 The department, in consultation with the judicial branch 1 and the department of transportation, shall by December 1, 2 2021, submit a report to the general assembly detailing the 3 effectiveness of the program established pursuant to this 4 chapter and shall make recommendations concerning the continued 5 implementation of the program or the elimination of the 6 program. 7 DIVISION II 8 OPERATING WHILE INTOXICATED 9 Sec. 12. Section 321.12, subsection 4, Code 2017, is amended 10 to read as follows: 11 4. The director shall not destroy any operating records 12 pertaining to arrests or convictions for operating while 13 intoxicated , in violation of section 321J.2 , or operating 14 records pertaining to revocations for violations of section 15 321J.2A , except that a conviction or revocation under section 16 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 17 shall be deleted from the operating records twelve twenty-five 18 years after the date of conviction or the effective date of 19 revocation. Convictions or revocations that are retained in 20 the operating records for more than twelve twenty-five years 21 under this subsection shall be considered only for purposes of 22 disqualification actions under 49 C.F.R. pt. 383 . 23 Sec. 13. Section 321.189, subsection 2, Code 2017, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . 0c. If the licensee’s operating record 26 indicates a conviction or revocation for a violation of section 27 321J.2 or 321J.2A, the driver’s license shall contain an 28 operating-while-intoxicated emblem designed by the department 29 that shall appear prominently on the back of the license. 30 Sec. 14. Section 321.210D, Code 2017, is amended to read as 31 follows: 32 321.210D Vehicular homicide or serious injury suspension 33 —— termination upon revocation of license —— reopening of 34 suspension. 35 -11- LSB 1244YH (7) 87 ns/rh 11/ 41
H.F. 362 1. If a trial information or indictment is filed charging a 1 person with the offense of homicide by vehicle under section 2 707.6A, subsection 1 or 2 , or with an offense under section 3 707.6A, subsection 4, paragraph “a” , the clerk of the district 4 court shall, upon the filing of the information or indictment, 5 forward notice to the department including the name and address 6 of the party charged, the registration number of the vehicle 7 involved, if known, the nature of the offense, and the date of 8 the filing of the indictment or information. 9 2. Upon receiving notice from the clerk of the district 10 court that an indictment or information has been filed 11 charging an operator with homicide by vehicle under section 12 707.6A, subsection 1 or 2 an offense listed in subsection 13 1 , the department shall notify the person that the person’s 14 driver’s license will be suspended effective ten days from 15 the date of issuance of the notice. The department shall 16 adopt rules relating to the suspension of the license of an 17 operator pursuant to this section which shall include, but are 18 not limited to, procedures for the surrender of the person’s 19 license to the department upon the effective date of the 20 suspension. 21 3. If a person whose driver’s license has been suspended 22 pursuant to this section is not convicted of the charge of 23 homicide or serious injury by vehicle under section 707.6A , 24 subsection 1 or 2 , upon record entry of disposition of the 25 charge, the clerk of the district court shall forward a notice 26 including the name and address of the party charged, the 27 registration number of the vehicle involved, the nature of the 28 offense charged by indictment or information, the date of the 29 filing of the indictment or information, and of the disposition 30 of the charge to the department. Upon receipt of the notice 31 from the clerk, the department shall automatically rescind the 32 suspension and reinstate the person’s driver’s license without 33 payment of any charge or penalty. 34 4. Upon receiving a record of conviction under section 35 -12- LSB 1244YH (7) 87 ns/rh 12/ 41
H.F. 362 321.206 , for a violation of section 707.6A, subsection 1 or 1 2 , or section 707.6A, subsection 4, paragraph “a” , and upon 2 revocation of the person’s license or operating privileges 3 under section 321.209 , the suspension under subsection 2 shall 4 automatically terminate in favor of the revocation. 5 Sec. 15. Section 321J.2, subsection 3, paragraph d, Code 6 2017, is amended to read as follows: 7 d. Revocation of the person’s driver’s license for a 8 minimum period of one hundred eighty days year up to a maximum 9 revocation period of one year two years , pursuant to section 10 321J.4, subsection 1 , section 321J.9 , or section 321J.12 , 11 subsection 2 . If a revocation occurs due to test refusal 12 under section 321J.9 , the defendant shall be ineligible for a 13 temporary restricted license for a minimum period of ninety 14 days. 15 (1) A defendant whose alcohol concentration is .08 or more 16 but not more than .10 shall not be eligible for any temporary 17 restricted license for at least thirty days if a test was 18 obtained and an accident resulting in personal injury or 19 property damage occurred. The department shall require the 20 defendant to install an ignition interlock device of a type 21 approved by the commissioner of public safety on all vehicles 22 owned or operated by the defendant if the defendant seeks a 23 temporary restricted license. There shall be no such period of 24 ineligibility if no such accident occurred, and the defendant 25 shall not be required to install an ignition interlock device. 26 (2) A defendant whose alcohol concentration is more than .10 27 shall not be eligible for any temporary restricted license for 28 at least thirty days if a test was obtained, and an accident 29 resulting in personal injury or property damage occurred or the 30 defendant’s alcohol concentration exceeded .15. There shall be 31 no such period of ineligibility if no such accident occurred 32 and the defendant’s alcohol concentration did not exceed .15. 33 In either case, where a defendant’s alcohol concentration is 34 more than .10, the department shall require the defendant to 35 -13- LSB 1244YH (7) 87 ns/rh 13/ 41
H.F. 362 install an ignition interlock device of a type approved by the 1 commissioner of public safety on all vehicles owned or operated 2 by the defendant if the defendant seeks a temporary restricted 3 license. 4 Sec. 16. Section 321J.2, subsection 4, paragraph c, Code 5 2017, is amended to read as follows: 6 c. Revocation of the defendant’s driver’s license for a 7 period of one year two years , if a revocation occurs pursuant 8 to section 321J.12, subsection 1 . If a revocation occurs due 9 to test refusal under section 321J.9 , or pursuant to section 10 321J.4, subsection 2 , the defendant’s license shall be revoked 11 for a period of two four years. 12 Sec. 17. Section 321J.2, subsection 5, paragraph c, Code 13 2017, is amended to read as follows: 14 c. Revocation Permanent revocation of the person’s driver’s 15 license for a period of six years pursuant to section 321J.4, 16 subsection 4 . 17 Sec. 18. Section 321J.4, subsections 1 and 2, Code 2017, are 18 amended to read as follows: 19 1. If a defendant is convicted of a violation of section 20 321J.2 and the defendant’s driver’s license or nonresident 21 operating privilege has not been revoked under section 321J.9 22 or 321J.12 for the occurrence from which the arrest arose, the 23 department shall revoke the defendant’s driver’s license or 24 nonresident operating privilege for one hundred eighty days 25 year if the defendant submitted to chemical testing and has had 26 no previous conviction or revocation under this chapter and 27 shall revoke the defendant’s driver’s license or nonresident 28 operating privilege for one year two years if the defendant 29 refused to submit to chemical testing and has had no previous 30 conviction or revocation under this chapter . The defendant 31 shall not be eligible for any temporary restricted license 32 for at least ninety days if a test was refused under section 33 321J.9 . 34 a. A defendant whose alcohol concentration is .08 or 35 -14- LSB 1244YH (7) 87 ns/rh 14/ 41
H.F. 362 more but not more than .10 shall not be eligible for any 1 temporary restricted license for at least thirty days if 2 a test was obtained and an accident resulting in personal 3 injury or property damage occurred or the defendant’s alcohol 4 concentration exceeded .15 . The There shall be no such 5 period of ineligibility if no such accident occurred and the 6 defendant’s alcohol concentration did not exceed .15. 7 b. Upon revocation, the department shall require the 8 defendant to install an ignition interlock device of a type 9 approved by the commissioner of public safety on all vehicles 10 owned or operated by the defendant if the defendant seeks a 11 temporary restricted license . There shall be no such period of 12 ineligibility if no such accident occurred, and the defendant 13 shall not be required to install an ignition interlock device. 14 b. A defendant whose alcohol concentration is more than .10 15 shall not be eligible for any temporary restricted license for 16 at least thirty days if a test was obtained and an accident 17 resulting in personal injury or property damage occurred or the 18 defendant’s alcohol concentration exceeded .15. There shall be 19 no such period of ineligibility if no such accident occurred 20 and the defendant’s alcohol concentration did not exceed .15. 21 In either case, where a defendant’s alcohol concentration is 22 more than .10, the department shall require the defendant to 23 install an ignition interlock device of a type approved by the 24 commissioner of public safety on all vehicles owned or operated 25 by the defendant if the defendant seeks a temporary restricted 26 license. 27 c. If the defendant is under the age of twenty-one, the 28 defendant shall not be eligible for a temporary restricted 29 license for at least sixty days after the effective date of 30 revocation. 31 2. If a defendant is convicted of a violation of section 32 321J.2 , and the defendant’s driver’s license or nonresident 33 operating privilege has not already been revoked under section 34 321J.9 or 321J.12 for the occurrence from which the arrest 35 -15- LSB 1244YH (7) 87 ns/rh 15/ 41
H.F. 362 arose, the department shall revoke the defendant’s driver’s 1 license or nonresident operating privilege for one year two 2 years if the defendant submitted to chemical testing and has 3 had a previous conviction or revocation under this chapter and 4 shall revoke the defendant’s driver’s license or nonresident 5 operating privilege for two four years if the defendant refused 6 to submit to chemical testing and has had a previous revocation 7 under this chapter . The defendant shall not be eligible for 8 any temporary restricted license for forty-five days after the 9 effective date of revocation if the defendant submitted to 10 chemical testing and shall not be eligible for any temporary 11 restricted license for ninety days after the effective date 12 of revocation if the defendant refused chemical testing. The 13 temporary restricted license shall be issued in accordance 14 with section 321J.20, subsection 2 . The Upon revocation, the 15 department shall require the defendant to install an ignition 16 interlock device of a type approved by the commissioner 17 of public safety on all vehicles owned or operated by the 18 defendant if the defendant seeks a temporary restricted license 19 at the end of the minimum period of ineligibility . A temporary 20 restricted license shall not be granted by the department until 21 the defendant installs the ignition interlock device. 22 Sec. 19. Section 321J.4, subsection 3, paragraphs a and b, 23 Code 2017, are amended to read as follows: 24 a. A defendant whose alcohol concentration is .08 or 25 more but not more than .10 shall not be eligible for any 26 temporary restricted license for at least thirty days if 27 a test was obtained and an accident resulting in personal 28 injury or property damage occurred or the defendant’s alcohol 29 concentration exceeded .15 . The There shall be no such 30 period of ineligibility if no such accident occurred and the 31 defendant’s alcohol concentration did not exceed .15. Upon 32 revocation, the department shall require the defendant to 33 install an ignition interlock device of a type approved by the 34 commissioner of public safety on all vehicles owned or operated 35 -16- LSB 1244YH (7) 87 ns/rh 16/ 41
H.F. 362 by the defendant if the defendant seeks a temporary restricted 1 license . There shall be no such period of ineligibility if no 2 such accident occurred, and the defendant shall not be required 3 to install an ignition interlock device. 4 b. A defendant whose alcohol concentration is more than .10 5 shall not be eligible for any temporary restricted license for 6 at least thirty days if a test was obtained and an accident 7 resulting in personal injury or property damage occurred or the 8 defendant’s alcohol concentration exceeded .15. There shall be 9 no such period of ineligibility if no such accident occurred 10 and the defendant’s alcohol concentration did not exceed .15. 11 In either case, where a defendant’s alcohol concentration is 12 more than .10, the department shall require the defendant to 13 install an ignition interlock device of a type approved by the 14 commissioner of public safety on all vehicles owned or operated 15 by the defendant if the defendant seeks a temporary restricted 16 license. 17 Sec. 20. Section 321J.4, subsections 4, 5, and 6, Code 2017, 18 are amended to read as follows: 19 4. Upon a plea or verdict of guilty of a third or subsequent 20 violation of section 321J.2 , the department shall revoke the 21 defendant’s driver’s license or nonresident operating privilege 22 for a period of six years permanently . The defendant shall not 23 be eligible for a any temporary restricted license for one year 24 after the effective date of the revocation . The department 25 shall require the defendant to install an ignition interlock 26 device of a type approved by the commissioner of public safety 27 on all vehicles owned or operated by the defendant if the 28 defendant seeks a temporary restricted license at the end of 29 the minimum period of ineligibility. A temporary restricted 30 license shall not be granted by the department until the 31 defendant installs the ignition interlock device. 32 5. Upon a plea or verdict of guilty of a violation of 33 section 321J.2 which involved a personal injury, the court 34 shall determine in open court, from consideration of the 35 -17- LSB 1244YH (7) 87 ns/rh 17/ 41
H.F. 362 information in the file and any other evidence the parties 1 may submit, whether a serious injury , as defined in section 2 702.18, was sustained by any person other than the defendant 3 and, if so, whether the defendant’s conduct in violation of 4 section 321J.2 caused the serious injury. If the court so 5 determines, the court shall order the department to revoke the 6 defendant’s driver’s license or nonresident operating privilege 7 for a period of one year in addition to any other period of 8 suspension or revocation permanently . The defendant shall not 9 be eligible for any temporary restricted license until the 10 minimum period of ineligibility has expired under this section 11 or section 321J.9 , 321J.12 , or 321J.20 . The defendant shall 12 surrender to the court any Iowa license or permit and the court 13 shall forward it the license or permit to the department with a 14 copy of the order for revocation. 15 6. Upon a plea or verdict of guilty of a violation of 16 section 321J.2 which involved a death, the court shall 17 determine in open court, from consideration of the information 18 in the file and any other evidence the parties may submit, 19 whether a death occurred and, if so, whether the defendant’s 20 conduct in violation of section 321J.2 caused the death. If 21 the court so determines, the court shall order the department 22 to revoke the defendant’s driver’s license or nonresident 23 operating privilege for a period of six years permanently . The 24 defendant shall not be eligible for any temporary restricted 25 license for at least two years after the revocation . The 26 defendant shall surrender to the court any Iowa license or 27 permit and the court shall forward it the license or permit to 28 the department with a copy of the order for revocation. 29 Sec. 21. Section 321J.4, subsection 8, paragraphs a and c, 30 Code 2017, are amended to read as follows: 31 a. On a conviction for or as a condition of a deferred 32 judgment for a violation of section 321J.2 , the court may shall 33 order the defendant to install ignition interlock devices 34 of a type approved by the commissioner of public safety on 35 -18- LSB 1244YH (7) 87 ns/rh 18/ 41
H.F. 362 all motor vehicles owned or operated by the defendant which, 1 without tampering or the intervention of another person, would 2 prevent the defendant from operating the motor vehicle with an 3 alcohol concentration greater than a level set by rule of the 4 commissioner of public safety. 5 c. The order to install ignition interlock devices shall 6 remain in effect for a period of time as determined by the 7 court which shall not exceed the maximum term of imprisonment 8 which the court could have imposed according to the nature of 9 the violation the period of time required by section 321.20A . 10 While the order is in effect, the defendant shall not operate 11 a motor vehicle which does not have an approved ignition 12 interlock device installed. 13 Sec. 22. Section 321J.4B, subsection 1, paragraph a, Code 14 2017, is amended to read as follows: 15 a. “Immobilized” means the installation of a device in a 16 motor vehicle that completely prevents a motor vehicle from 17 being operated , or the installation of an ignition interlock 18 device of a type approved by the commissioner of public safety . 19 Sec. 23. Section 321J.4B, subsection 4, Code 2017, is 20 amended to read as follows: 21 4. An owner of a motor vehicle impounded or immobilized 22 under this section , who knows of, should have known of, 23 or gives consent to the operation of , the motor vehicle in 24 violation of subsection 2 , paragraph “a” , subparagraph (2), 25 shall be considered to be all of the following : 26 a. Guilty of a simple serious misdemeanor , and . 27 b. Jointly and severally liable for any damages caused 28 by the person who operated the motor vehicle, subject to the 29 provisions of chapter 668 . 30 Sec. 24. Section 321J.4B, subsection 5, paragraph d, Code 31 2017, is amended to read as follows: 32 d. The period of impoundment or immobilization of a motor 33 vehicle under this section shall be the period of license 34 revocation imposed upon the person convicted of the offense or 35 -19- LSB 1244YH (7) 87 ns/rh 19/ 41
H.F. 362 one hundred eighty days year , whichever period is longer. The 1 impoundment or immobilization period shall commence on the day 2 that the vehicle is first impounded or immobilized. 3 Sec. 25. Section 321J.4B, subsection 6, Code 2017, is 4 amended to read as follows: 5 6. Upon conviction of the defendant for a first violation 6 of subsection 2, paragraph “a” , subparagraph (2), where the 7 defendant’s driver’s license was revoked as a result of a 8 second or subsequent violation of section 321J.2, or a second 9 or subsequent violation of subsection 2 , paragraph “a” , 10 subparagraph (2), the court shall order, if the convicted 11 person defendant is the owner of the motor vehicle used in the 12 commission of the offense, that that motor vehicle be seized 13 and forfeited to the state pursuant to chapters 809 and 809A . 14 Sec. 26. Section 321J.5, subsection 2, Code 2017, is amended 15 to read as follows: 16 2. The results of this preliminary screening test may be 17 used for the purpose of deciding whether an arrest should be 18 made or whether to request a chemical test authorized in this 19 chapter , but shall not be used in any court action except to 20 prove that a chemical test was properly requested of a person 21 pursuant to this chapter . However, the results of a breath 22 test administered after a preliminary screening test pursuant 23 to section 321J.6, subsection 2, by a certified operator using 24 a portable breath testing instrument intended to determine 25 alcohol concentration, and using methods approved by the 26 commissioner of public safety pursuant to section 321J.15, may 27 be used as evidence in any court action. 28 Sec. 27. Section 321J.9, subsections 1 and 2, Code 2017, are 29 amended to read as follows: 30 1. If a person refuses to submit to the chemical testing, a 31 test shall not be given, but the department, upon the receipt 32 of the peace officer’s certification, subject to penalty for 33 perjury, that the officer had reasonable grounds to believe the 34 person to have been operating a motor vehicle in violation of 35 -20- LSB 1244YH (7) 87 ns/rh 20/ 41
H.F. 362 section 321J.2 or 321J.2A , that specified conditions existed 1 for chemical testing pursuant to section 321J.6 , and that the 2 person refused to submit to the chemical testing, shall revoke 3 the person’s driver’s license and any nonresident operating 4 privilege for the following periods of time: 5 a. One year Two years if the person has no previous 6 revocation under this chapter ; and 7 b. Two Four years if the person has had a previous 8 revocation under this chapter . 9 2. a. A person whose driver’s license or nonresident 10 operating privileges are revoked under subsection 1 shall not 11 be eligible for a temporary restricted license for at least 12 ninety days after the effective date of the revocation. A 13 temporary restricted license issued to a person whose driver’s 14 license or nonresident driving privilege has been revoked under 15 subsection 1 , paragraph “b” , shall be issued in accordance with 16 section 321J.20, subsection 2 . 17 b. 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 if the defendant seeks a temporary restricted 21 license at the end of the minimum period of ineligibility upon 22 revocation of the defendant’s driver’s license unless the 23 defendant’s driver’s license or nonresident operating privilege 24 has been permanently revoked under this chapter . A temporary 25 restricted license shall not be granted by the department until 26 the defendant installs the ignition interlock device. 27 Sec. 28. Section 321J.10, subsection 1, Code 2017, is 28 amended to read as follows: 29 1. Refusal to consent to a test under section 321J.6 does 30 not prohibit the withdrawal of a specimen for chemical testing 31 pursuant to a search warrant issued in the investigation of 32 a suspected violation of section 707.5 or 707.6A 321J.2 or 33 321J.2A if all of the following grounds exist: 34 a. A traffic accident has resulted in a death or personal 35 -21- LSB 1244YH (7) 87 ns/rh 21/ 41
H.F. 362 injury reasonably likely to cause death. 1 b. There there are reasonable grounds to believe that one or 2 more of the persons whose driving may have been the proximate 3 cause of the accident the person was violating section 321J.2 4 or 321J.2A at the time of the accident suspected violation . 5 Sec. 29. Section 321J.10, subsection 3, paragraph c, Code 6 2017, is amended to read as follows: 7 c. The oral application testimony shall set forth facts and 8 information tending to establish the existence of the grounds 9 for the warrant and shall describe with a reasonable degree of 10 specificity the person or persons whose driving is believed to 11 have been the proximate cause of the accident and from whom a 12 specimen is to be withdrawn in violation of section 321J.2 or 13 321J.2A and the location where the withdrawal of the specimen 14 or specimens is to take place. 15 Sec. 30. Section 321J.12, subsections 1 and 2, Code 2017, 16 are amended to read as follows: 17 1. Upon certification, subject to penalty for perjury, by 18 the peace officer that there existed reasonable grounds to 19 believe that the person had been operating a motor vehicle in 20 violation of section 321J.2 , that there existed one or more 21 of the necessary conditions for chemical testing described in 22 section 321J.6, subsection 1 , and that the person submitted to 23 chemical testing and the test results indicated the presence 24 of a controlled substance or other drug, or an alcohol 25 concentration equal to or in excess of the level prohibited by 26 section 321J.2 , or a combination of alcohol and another drug in 27 violation of section 321J.2 , the department shall revoke the 28 person’s driver’s license or nonresident operating privilege 29 for the following periods of time: 30 a. One hundred eighty days year if the person has had no 31 revocation under this chapter . 32 b. One year Two years if the person has had a previous 33 revocation under this chapter . 34 2. a. A person whose driver’s license or nonresident 35 -22- LSB 1244YH (7) 87 ns/rh 22/ 41
H.F. 362 operating privileges have been revoked under subsection 1 , 1 paragraph “a” , whose alcohol concentration is .08 or more but 2 not more than .10 shall not be eligible for any temporary 3 restricted license for at least thirty days after the effective 4 date of the revocation if a test was obtained and an accident 5 resulting in personal injury or property damage occurred or 6 the defendant’s alcohol concentration exceeded .15 . The There 7 shall be no such period of ineligibility if no such accident 8 occurred and the defendant’s alcohol concentration did not 9 exceed .15. 10 b. Upon revocation, the department shall require the 11 defendant to install an ignition interlock device of a type 12 approved by the commissioner of public safety on all vehicles 13 owned or operated by the defendant if the defendant seeks a 14 temporary license unless the defendant’s driver’s license 15 or nonresident operating privilege has been permanently 16 revoked under this chapter . There shall be no such period of 17 ineligibility if no such accident occurred, and the defendant 18 shall not be required to install an ignition interlock device. 19 b. A defendant whose alcohol concentration is more than .10 20 shall not be eligible for any temporary restricted license for 21 at least thirty days if a test was obtained and an accident 22 resulting in personal injury or property damage occurred or the 23 defendant’s alcohol concentration exceeded .15. There shall be 24 no such period of ineligibility if no such accident occurred 25 and the defendant’s alcohol concentration did not exceed .15. 26 In either case, where a defendant’s alcohol concentration is 27 more than .10, the department shall require the defendant 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 c. If the person is under the age of twenty-one, the person 33 shall not be eligible for a temporary restricted license for at 34 least sixty days after the effective date of the revocation. 35 -23- LSB 1244YH (7) 87 ns/rh 23/ 41
H.F. 362 d. A person whose license or privileges have been revoked 1 under subsection 1 , paragraph “b” , for one year shall not be 2 eligible for any temporary restricted license for forty-five 3 days after the effective date of the revocation, and upon 4 revocation the department shall require the person to install 5 an ignition interlock device of a type approved by the 6 commissioner of public safety on all vehicles owned or operated 7 by the defendant if the defendant seeks a temporary restricted 8 license at the end of the minimum period of ineligibility 9 unless the defendant’s driver’s license or nonresident 10 operating privilege has been permanently revoked under this 11 chapter . The temporary restricted license shall be issued in 12 accordance with section 321J.20, subsection 2 . A temporary 13 restricted license shall not be granted by the department until 14 the defendant installs the ignition interlock device. 15 Sec. 31. Section 321J.17, subsection 3, Code 2017, is 16 amended to read as follows: 17 3. The department shall also require certification of 18 installation of an ignition interlock device of a type approved 19 by the commissioner of public safety on all motor vehicles 20 owned or operated by any person seeking reinstatement following 21 a second or subsequent revocation under section 321J.4 , 22 321J.9 , or 321J.12 . The requirement for the installation of 23 an approved ignition interlock device shall be for one year 24 from the date of reinstatement unless a longer time period is 25 required by statute the period of time required under section 26 321J.20A . The one-year period a person is required to maintain 27 an ignition interlock device under this subsection shall be 28 reduced by any period of time the person held a valid temporary 29 restricted license during the period of the revocation for 30 the occurrence from which the arrest arose. The person shall 31 not operate any motor vehicle which is not equipped with an 32 approved ignition interlock device during the period in which 33 an ignition interlock device must be maintained, and the 34 department shall not grant reinstatement unless the person 35 -24- LSB 1244YH (7) 87 ns/rh 24/ 41
H.F. 362 certifies installation of an ignition interlock device as 1 required in this subsection . 2 Sec. 32. Section 321J.20, subsection 1, paragraph a, 3 unnumbered paragraph 1, Code 2017, is amended to read as 4 follows: 5 The department may, on application, issue a temporary 6 restricted license to a person whose noncommercial driver’s 7 license is revoked under this chapter allowing unless the 8 person’s noncommercial driver’s license has been permanently 9 revoked. A temporary restricted license issued under this 10 subsection may allow the person to drive to and from the 11 person’s home and specified places at specified times which can 12 be verified by the department and which are required by the 13 person’s full-time or part-time employment, continuing health 14 care or the continuing health care of another who is dependent 15 upon the person, continuing education while enrolled in an 16 educational institution on a part-time or full-time basis and 17 while pursuing a course of study leading to a diploma, degree, 18 or other certification of successful educational completion, 19 substance abuse treatment, court-ordered community service 20 responsibilities, and appointments with the person’s parole or 21 probation officer , and participation in a program established 22 pursuant to chapter 901D, if the person’s driver’s license has 23 not been revoked previously under section 321J.4 , 321J.9 , or 24 321J.12 and if any of the following apply: 25 Sec. 33. Section 321J.20, subsection 1, paragraphs b and d, 26 Code 2017, are amended to read as follows: 27 b. A temporary restricted license may be issued under this 28 subsection if the person’s noncommercial driver’s license is 29 revoked for two years under section 321J.4, subsection 2 , or 30 section 321J.9, subsection 1 , paragraph “b” , and the first three 31 hundred sixty-five days of the revocation have expired. 32 d. Following the applicable minimum period of ineligibility, 33 a temporary restricted license under this subsection shall not 34 be issued until unless the applicant installs has installed 35 -25- LSB 1244YH (7) 87 ns/rh 25/ 41
H.F. 362 an ignition interlock device of a type approved by the 1 commissioner of public safety on all motor vehicles owned or 2 operated by the applicant in accordance with section 321J.2 , 3 321J.4 , 321J.9 , or 321J.12 . Installation of an ignition 4 interlock device under this subsection shall be required for 5 the period of time for which the temporary restricted license 6 is issued and for such additional period of time following 7 reinstatement as is required under section 321J.17, subsection 8 3 provided under section 321J.20A . 9 Sec. 34. Section 321J.20, subsections 2 and 3, Code 2017, 10 are amended to read as follows: 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 this 20 chapter or on violations listed in section 321.560, subsection 21 1 , paragraph “b” , and who is not eligible for a temporary 22 restricted license under subsection 1 . However, the department 23 may shall not issue a temporary restricted license under 24 this subsection for a violation of section 321J.2A , or to a 25 person under the age of twenty-one whose license is revoked 26 under section 321J.4 , 321J.9 , or 321J.12 , or to a person whose 27 noncommercial driver’s license has been permanently revoked 28 under this chapter . A temporary restricted license issued 29 under this subsection may allow the person to drive to and 30 from the person’s home and specified places at specified times 31 which can be verified by the department and which are required 32 by the person’s full-time or part-time employment; continuing 33 education while enrolled in an educational institution on a 34 part-time or full-time basis and while pursuing a course of 35 -26- LSB 1244YH (7) 87 ns/rh 26/ 41
H.F. 362 study leading to a diploma, degree, or other certification 1 of successful educational completion; or substance abuse 2 treatment ; or participation in a program established pursuant 3 to chapter 901D . 4 b. A temporary restricted license issued under this 5 subsection shall not be issued until unless the applicant 6 installs has installed an approved ignition interlock device 7 on all motor vehicles owned or operated by the applicant. 8 Installation of an ignition interlock device under this 9 subsection shall be required for the period of time for 10 which the temporary restricted license is issued, and for 11 such additional period of time following reinstatement as is 12 required under section 321J.17, subsection 3 provided under 13 section 321J.20A . However, a person whose driver’s license or 14 nonresident operating privilege has been revoked under section 15 321J.21 may apply to the department for a temporary restricted 16 license without the requirement of an ignition interlock device 17 if at least twelve twenty-five years have elapsed since the end 18 of the underlying revocation period for a first violation of 19 section 321J.2 . 20 3. If a person required to install an ignition interlock 21 device or participate in a program established pursuant to 22 chapter 901D operates a motor vehicle which does not have an 23 approved ignition interlock device or while not in compliance 24 with the program, or if the person tampers with or circumvents 25 an ignition interlock device, in addition to other penalties 26 provided, the person’s temporary restricted license shall be 27 revoked. 28 Sec. 35. Section 321J.20, Code 2017, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 10. Notwithstanding any other provision of 31 law to the contrary, in any circumstance in which this chapter 32 requires the installation of an ignition interlock device in 33 all vehicles owned or operated by a person as a condition of 34 the person’s license or privilege to operate noncommercial 35 -27- LSB 1244YH (7) 87 ns/rh 27/ 41
H.F. 362 motor vehicles, the department shall require the person to 1 participate in and be in compliance with a sobriety and drug 2 monitoring program established pursuant to chapter 901D if the 3 person’s offense under this chapter qualifies as an eligible 4 offense as defined in section 901D.2, and the person’s offense 5 occurred in a participating jurisdiction, as defined in section 6 901D.2. The department, in consultation with the department 7 of public safety, may adopt rules for issuing and accepting a 8 certification of participation in and compliance with a program 9 established pursuant to chapter 901D. This subsection shall be 10 construed and implemented to comply with 23 U.S.C. §164(a), as 11 amended by the federal Fixing America’s Surface Transportation 12 Act, Pub. L. No. 114-94, §1414, and shall not apply if such 13 application results in a finding of noncompliance with 23 14 U.S.C. §164 that results or will result in a reservation 15 or transfer of funds pursuant to 23 U.S.C. §164(b). This 16 subsection shall not authorize the operation of a motor vehicle 17 for any purpose not otherwise authorized by this chapter. 18 Sec. 36. NEW SECTION . 321J.20A Ignition interlock devices 19 —— duration of requirements —— indigent user fund. 20 1. a. An ignition interlock device installed in a motor 21 vehicle as required by this chapter shall be installed in the 22 vehicle for as long as the defendant is the owner or operator 23 of the vehicle, except as provided in this subsection. 24 b. If an ignition interlock device was installed in a 25 motor vehicle as a result of the defendant’s first offense or 26 revocation under this chapter, the device shall be uninstalled 27 after the later of the following: 28 (1) Two years after the date the defendant’s driver’s 29 license revocation period ends. 30 (2) One hundred eighty days after the date the defendant 31 last failed a test or retest by the device because the 32 defendant’s alcohol concentration exceeded the limit 33 established under 661 IAC 158.6. 34 (3) One hundred eighty days after the date the defendant 35 -28- LSB 1244YH (7) 87 ns/rh 28/ 41
H.F. 362 last failed to maintain the device as required under 661 IAC 1 ch. 158. 2 c. Notwithstanding paragraph “b” , an ignition interlock 3 device installed in a motor vehicle as required by this chapter 4 shall not be uninstalled if the defendant has been convicted of 5 tampering with or circumventing an ignition interlock device. 6 2. If the defendant fails a test or retest by an ignition 7 interlock device installed in a motor vehicle as required by 8 this chapter because the defendant’s alcohol concentration 9 exceeded the limit established under 661 IAC 158.6, the failure 10 shall be reported by the device or an entity monitoring the 11 device to the department. 12 3. Upon revocation, and at such times as the department may 13 require by rule, a defendant shall certify to the department 14 that the defendant has installed an approved ignition 15 interlock device in all motor vehicles owned or operated by 16 the defendant. The department may adopt rules relating to the 17 form, manner, and circumstances under which a defendant is 18 required to submit a certification to the department that the 19 defendant has installed an approved ignition interlock device 20 in all motor vehicles owned or operated by the defendant. 21 4. a. An ignition interlock indigent user fund is created 22 in the state treasury. The fund shall be administered by 23 the department and shall consist of moneys collected by the 24 department under this subsection. The moneys in the fund are 25 appropriated to and shall be used by the department to assist 26 indigent users of ignition interlock devices in paying for the 27 use of the devices. Notwithstanding section 8.33, moneys in 28 the fund at the end of each fiscal year shall not revert to any 29 other fund but shall remain in the fund for expenditure for 30 subsequent fiscal years. 31 b. Each month, the department shall assess an ignition 32 interlock user fee to each user of an ignition interlock 33 device. All ignition interlock user fees shall be collected by 34 the department and deposited in the ignition interlock indigent 35 -29- LSB 1244YH (7) 87 ns/rh 29/ 41
H.F. 362 user fund. The amount of the monthly ignition interlock user 1 fee shall be set by the department so that the moneys in the 2 ignition interlock indigent user fund are sufficient to assist 3 all indigent users of ignition interlock devices in paying for 4 the use of the devices. 5 c. A person is indigent for the purposes of this subsection 6 if any of the following apply: 7 (1) The person has an income level at or below one hundred 8 twenty-five percent of the United States poverty level as 9 defined by the most recently revised poverty income guidelines 10 published by the United States department of health and human 11 services, and the department determines that the person is 12 unable to pay for the cost of an ignition interlock device. In 13 making the determination of a person’s ability to pay for the 14 cost of a device, the department shall consider not only the 15 person’s income, but also the person’s other assets, including 16 but not limited to cash, stocks, bonds, and any other property. 17 (2) The person has an income level greater than one hundred 18 twenty-five percent, but at or below two hundred percent, of 19 the most recently revised poverty income guidelines published 20 by the United States department of health and human services, 21 and the department determines that paying for the ignition 22 interlock device would cause the person substantial hardship. 23 In determining whether substantial hardship would result, the 24 department shall consider not only the person’s income, but 25 also the person’s other assets, including but not limited to 26 cash, stocks, bonds, and any other property. 27 d. The department shall adopt rules to administer this 28 subsection, including but not limited to the manner used to 29 determine the monthly ignition interlock user fee and the 30 accepted form and manner in which a person may demonstrate 31 indigency. 32 Sec. 37. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and 33 4, Code 2017, are amended to read as follows: 34 1. A person commits a class “B” felony punishable by 35 -30- LSB 1244YH (7) 87 ns/rh 30/ 41
H.F. 362 imprisonment not to exceed fifty years when the person 1 unintentionally causes the death of another by operating a 2 motor vehicle while intoxicated, as prohibited by section 3 321J.2 . 4 1A. a. Upon a plea or verdict of guilty of a violation 5 of this subsection 1 , the defendant shall surrender to the 6 court any Iowa license or permit and the court shall forward 7 the license or permit to the department with a copy of the 8 order of conviction. Upon receipt of the order of conviction, 9 the department shall revoke the defendant’s driver’s license 10 or nonresident operating privilege for a period of six years 11 permanently . The defendant shall not be eligible for a any 12 temporary restricted license for at least two years after the 13 revocation . 14 1B. b. Upon a plea or verdict of guilty of a violation of 15 this subsection 1 , the court shall order the defendant, at the 16 defendant’s expense, to do all of the following: 17 a. (1) Enroll, attend, and satisfactorily complete a course 18 for drinking drivers, as provided in section 321J.22 . 19 b. (2) Submit to evaluation and treatment or rehabilitation 20 services. 21 1C. A driver’s license or nonresident operating privilege 22 shall not be reinstated until proof of completion of the 23 requirements of subsection 1B is presented to the department. 24 1D. c. Where the program is available and appropriate for 25 the defendant, the court shall also order the defendant to 26 participate in a reality education substance abuse prevention 27 program as provided in section 321J.24 . 28 4. a. A person commits a class “C” felony when the person 29 unintentionally causes a serious injury, as defined in section 30 702.18, by the means described in subsection 1. Upon a plea 31 or verdict of guilty of a violation of this paragraph “a” , the 32 defendant shall surrender to the court any Iowa license or 33 permit and the court shall forward the license or permit to 34 the department with a copy of the order of conviction. Upon 35 -31- LSB 1244YH (7) 87 ns/rh 31/ 41
H.F. 362 receipt of the order of conviction, the department shall revoke 1 the defendant’s driver’s license or nonresident operating 2 privilege permanently. 3 b. A person commits a class “D” felony when the person 4 unintentionally causes a serious injury, as defined in section 5 702.18 , by any of the means described in subsection 1 or 2 . 6 Sec. 38. Section 809A.3, subsection 2, Code 2017, is amended 7 to read as follows: 8 2. Notwithstanding subsection 1 , violations of chapter 9 321 or 321J shall not be considered conduct giving rise to 10 forfeiture, except for violations as provided in any of the 11 following: 12 a. Section 321.232 . 13 b. A second or subsequent violation of section 321J.4B, 14 subsection 2 , paragraph “a” , subparagraph (2). 15 c. b. Section 321J.4B, subsection 6, 9 , or 10 . 16 DIVISION III 17 PERSONS INVOLVED IN THE SALE OF ALCOHOLIC BEVERAGES 18 Sec. 39. Section 123.39, subsection 1, paragraph b, Code 19 2017, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (7) Failure to submit a plan and 21 procedure for the transportation of intoxicated persons to the 22 satisfaction of the division or local authority as required by 23 section 123.50, subsection 6. 24 Sec. 40. Section 123.49, Code 2017, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 1A. A person holding a liquor control 27 license or wine or beer permit for on-premises consumption 28 shall not sell, dispense, or give to a person any alcoholic 29 liquor, wine, or beer, if the person’s driver’s license is 30 marked pursuant to section 321.189, subsection 2, paragraph 31 “0c” . 32 Sec. 41. Section 123.50, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 6. If an employee of a licensee or 35 -32- LSB 1244YH (7) 87 ns/rh 32/ 41
H.F. 362 permittee violates section 123.49, subsection 1, the licensee 1 or permittee shall submit to the division or local authority 2 a plan and procedure for the licensee or permittee to obtain 3 transportation for intoxicated persons on the premises of the 4 licensee’s or permittee’s business from the licensee’s or 5 permittee’s business to the intoxicated person’s home. Failure 6 to submit such a plan and procedure to the satisfaction of the 7 division or local authority shall be grounds for the suspension 8 or revocation of the license or permit of the licensee or 9 permittee by the division or the local authority. 10 Sec. 42. Section 123.50A, Code 2017, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 5. An employee or prospective employee 13 of a licensee or permittee shall complete or re-complete the 14 alcohol compliance employee training program if the employee, 15 prospective employee, or another employee of the licensee 16 or permittee is convicted of a violation of section 123.49, 17 subsection 1 or 1A. The employee or prospective employee shall 18 attend the next available alcohol compliance employee training 19 program taking place within one hundred miles of the licensee’s 20 or permittee’s business. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 DIVISION I —— STATEWIDE SOBRIETY AND DRUG MONITORING 25 PROGRAM. This bill directs the department of public safety 26 (DPS) to establish a statewide sobriety and drug monitoring 27 program that is available 24 hours per day, seven days per 28 week. Under the program, a court or governmental entity, as 29 a condition of bond, pretrial release, sentence, probation, 30 parole, or a temporary restricted license, may require a person 31 who has been charged with, pled guilty to, or been convicted 32 of an eligible offense to abstain from alcohol and controlled 33 substances for a period of time. The bill provides that an 34 eligible offense is a criminal offense in which the abuse of 35 -33- LSB 1244YH (7) 87 ns/rh 33/ 41
H.F. 362 alcohol or a controlled substance was a contributing factor 1 in the commission of the offense as determined by the court 2 or governmental entity of the participating jurisdiction, 3 including but not limited to a first or subsequent offense of 4 operating while intoxicated (OWI). 5 The program requires a person to be subject to testing to 6 determine whether alcohol or a controlled substance is present 7 in the person’s body at least twice per day at a central 8 location where an immediate sanction can be applied. Where 9 such testing creates a documented hardship or is geographically 10 impractical, an alternative method approved by DPS may be used. 11 Hardship or geographic impracticality is determined by 12 documentation and consideration of whether a testing device is 13 available, whether the participant is capable of paying the 14 fees and costs associated with the testing device, whether 15 the participant is capable of wearing the testing device, and 16 whether the participant fails to qualify for testing twice 17 per day because the participant lives in a rural area, the 18 participant’s employment requires the participant’s presence at 19 a location remote from the testing location, or the participant 20 has repeatedly violated the requirements of the program. 21 The bill prohibits a person who has been required to 22 participate in the program and whose driver’s license is 23 suspended or revoked from participating in the program until 24 the person is eligible for a temporary restricted license. A 25 person must install an ignition interlock device on all motor 26 vehicles owned or operated by the person to participate in 27 the program. A person who has been charged with, pled guilty 28 to, or been convicted of an eligible offense who has not 29 been required to participate in the program may apply to the 30 participating jurisdiction in order to participate. 31 If a jurisdiction applies to and is approved by DPS to 32 participate in the program, the bill requires DPS to assist the 33 jurisdiction in setting up and administering the program. The 34 participating jurisdiction must establish testing locations and 35 -34- LSB 1244YH (7) 87 ns/rh 34/ 41
H.F. 362 may designate a third party to provide testing services. 1 Any efforts by DPS to alter or modify the core components 2 of the program are required to include a documented strategy 3 for achieving and measuring the effectiveness of the planned 4 alteration or modification. Before the core components of the 5 program can be altered or modified, a pilot program must be 6 initiated and monitored. 7 The bill requires DPS to adopt rules providing for the nature 8 and manner of testing; establishing reasonable fees; providing 9 for the application, acceptance, and use of public and private 10 grants, gifts, and donations; establishing a process for 11 the identification and management of indigent participants; 12 providing for the creation and administration of a stakeholder 13 group to review and recommend changes to the program; and 14 establishing a process for the submission and approval of 15 applications from jurisdictions. The bill further requires the 16 amount of the fees to be set at an amount such that the fees 17 collected in a participating jurisdiction are sufficient to pay 18 for the costs of the program in the participating jurisdiction, 19 including all costs to the state. 20 In addition, the bill requires DPS to provide for and approve 21 the use of a program data management system to be used by DPS 22 and all participating jurisdictions to manage testing, test 23 events, test results, data access, fees, the collection of fee 24 payments, and the submission and collection of any required 25 reports. The bill provides for certain required features of 26 the data management system. 27 A court may condition any bond or pretrial release otherwise 28 authorized by law for a person charged with an eligible offense 29 upon participation in the program and payment of the required 30 fees. A court may also condition a suspended sentence or 31 probation otherwise authorized by law for a person convicted 32 of an eligible offense upon participation in the program 33 and payment of the required fees. Likewise, the board of 34 parole, the department of corrections, or a parole officer 35 -35- LSB 1244YH (7) 87 ns/rh 35/ 41
H.F. 362 may condition parole otherwise authorized by law for a person 1 convicted of an eligible offense upon participation in the 2 program and payment of the required fees. 3 The bill requires an order or directive placing a 4 participant in the program to include the type of testing 5 required to be administered and the length of time that the 6 participant is required to remain in the program. At the 7 time of enrollment, a representative of the law enforcement 8 agency of a participating jurisdiction must enter the 9 participant’s information into the data management system. The 10 representative of the agency must provide the participant with 11 the appropriate materials required by the program, inform the 12 participant that the participant’s information may be shared 13 for law enforcement and reporting purposes, and provide the 14 participant with information related to the required testing, 15 procedures, and fees. 16 The bill provides that the law enforcement agency of a 17 participating jurisdiction must establish and maintain a 18 sobriety program account, and collect the required fees. The 19 law enforcement agency must distribute a portion of the fees to 20 any participating third-party designee in accordance with the 21 agreement between the agency and the third-party designee, and 22 the remainder of the fees collected must be deposited in the 23 participating jurisdiction’s sobriety program account and must 24 be used only for the purposes of administering and operating 25 the program. 26 The bill requires allegations that a participant failed 27 a test, refused to submit to a test, or failed to appear 28 for testing to be communicated ex parte by the participating 29 jurisdiction, a law enforcement agency of the participating 30 jurisdiction, or the participating jurisdiction’s third-party 31 designee to a magistrate as soon as practicable. A magistrate 32 who receives such a communication may order the participant’s 33 immediate incarceration pending a hearing on the allegation 34 but lasting no longer than 24 hours after the issuance of the 35 -36- LSB 1244YH (7) 87 ns/rh 36/ 41
H.F. 362 order, or if the participant failed to appear for testing as 1 scheduled, the magistrate may issue a warrant for the arrest of 2 the participant for a violation of the terms of bond, pretrial 3 release, sentence, probation, or parole. 4 Upon the failure of a participant to submit to or pass a 5 test under the program, the court may notify the department 6 of transportation (DOT) of the participant’s noncompliance 7 and direct the DOT to withdraw the participant’s temporary 8 restricted license and reinstate the remainder of the license 9 suspension or revocation period. 10 The bill requires DPS to submit a report to the general 11 assembly detailing the effectiveness of the program and making 12 recommendations by December 1, 2021. 13 DIVISION II —— OPERATING WHILE INTOXICATED. The bill 14 increases the look-back period for determining whether an 15 OWI offense is a first or a subsequent offense from 12 years 16 to 25 years. In addition, the bill requires an emblem to be 17 displayed on the back of a person’s driver’s license if the 18 person has been convicted of an OWI offense or has had the 19 person’s driver’s license revoked under Code chapter 321J. 20 For a first offense of OWI, the bill increases the driver’s 21 license revocation period from 180 days to one year if the 22 person submitted to a chemical test, and from one year to two 23 years if the person refused a chemical test. For a second 24 offense of OWI, the bill increases the driver’s license 25 revocation period from one year to two years if the person 26 submitted to a chemical test, and from two years to four years 27 if the person refused the chemical test. For a third offense 28 of OWI, the bill strikes the driver’s license revocation period 29 of six years, requires the DOT to revoke a person’s driver’s 30 license permanently, and provides that such a person is not 31 eligible for a temporary restricted license. If a person 32 guilty of any OWI offense seriously injures or kills another 33 person, the bill also requires the DOT to revoke the person’s 34 driver’s license permanently and provides that such a person is 35 -37- LSB 1244YH (7) 87 ns/rh 37/ 41
H.F. 362 not eligible for a temporary restricted license. 1 Under Code section 321J.4B (motor vehicle impoundment or 2 immobilization), the bill removes from the definition of 3 “immobilized” the installation of an ignition interlock device 4 of a type approved by the commissioner of public safety. The 5 bill increases the penalty for an owner of a vehicle impounded 6 or immobilized, who knows of, should have known of, or gives 7 consent to the operation of the vehicle by a person with a 8 revoked driver’s license due to an OWI violation from a simple 9 misdemeanor to a serious misdemeanor. A serious misdemeanor 10 is punishable by up to one year in prison and a fine of at 11 least $315 but not to exceed $1,875. The bill also increases 12 the minimum period of impoundment or immobilization from 180 13 days to one year. In addition, the bill provides that a person 14 who operates a vehicle with a revoked driver’s license due to 15 a second or subsequent OWI violation must have the person’s 16 vehicle seized and forfeited to the state. The bill also 17 updates certain references in Code chapter 809A (forfeiture 18 reform Act). 19 Under current law, a preliminary screening test is 20 prohibited from being used in any court action except to 21 prove that a chemical test was properly requested of a person 22 pursuant to Code chapter 321J. The bill specifies that the 23 results of a breath test administered after a preliminary 24 screening test by a certified operator using a portable breath 25 testing instrument may be used as evidence in any court action. 26 Current law provides for an expedited warrant procedure to 27 withdrawal a specimen of breath, urine, or blood for chemical 28 testing from a person involved in a traffic accident that 29 has resulted in a death or personal injury reasonably likely 30 to cause death, and there are reasonable grounds to believe 31 that one or more persons whose driving may have been the 32 proximate cause of the accident were operating a vehicle while 33 intoxicated. The bill applies the expedited warrant procedure 34 to any person who refuses a chemical test where the officer 35 -38- LSB 1244YH (7) 87 ns/rh 38/ 41
H.F. 362 has reasonable grounds to believe the person was operating a 1 vehicle while intoxicated. 2 Current law requires a person guilty of operating while 3 intoxicated (OWI) to install an ignition interlock device in 4 the person’s vehicle if the person seeks a temporary restricted 5 license, unless the person’s alcohol concentration was less 6 than .10 and no accident occurred. This bill strikes that 7 exception, and also requires a person guilty of OWI to install 8 an ignition interlock device in the person’s vehicle upon the 9 revocation of the person’s driver’s license rather than upon 10 the person’s application for a temporary restricted license. 11 Under current law, an ignition interlock device is required 12 to be installed in a person’s vehicle for the period of time 13 for which the person’s temporary restricted license is issued, 14 and up to one additional year after license reinstatement 15 if the person has two or more OWI revocations. The bill 16 requires the permanent installation of an ignition interlock 17 device with one exception. If an ignition interlock device 18 was installed in a vehicle as a result of a person’s first 19 OWI offense or revocation, the device must be uninstalled two 20 years after the date the person’s driver’s license revocation 21 period ends, 180 days after the date the person last failed a 22 test or retest by the device, or 180 days after the date the 23 person last failed to maintain the device as required under DPS 24 rules, whichever is later. However, the bill provides that an 25 ignition interlock device installed in a vehicle must not be 26 uninstalled if the person has been convicted of tampering with 27 or circumventing an ignition interlock device. 28 The bill provides that a test failure using an ignition 29 interlock device must be reported by the device or an entity 30 monitoring the device to the DOT. The bill also provides that 31 upon revocation, and at such times as the DOT may require, a 32 person must certify to the DOT that the person has installed 33 an ignition interlock device in all vehicles owned or operated 34 by the person. 35 -39- LSB 1244YH (7) 87 ns/rh 39/ 41
H.F. 362 The bill requires the DOT to assess a monthly ignition 1 interlock user fee to each user of an ignition interlock 2 device. All ignition interlock user fees will be collected 3 by the DOT and deposited in an ignition interlock indigent 4 user fund (IIIUF). The bill requires the DOT to use the moneys 5 in the IIIUF to assist indigent users of ignition interlock 6 devices in paying for the use of the devices. The amount of 7 the monthly ignition interlock user fee shall be set by the DOT 8 so that the moneys in the IIIUF are sufficient to assist all 9 indigent users of ignition interlock devices in paying for the 10 use of the devices. 11 Under the bill, a person is indigent if the person has an 12 income level at or below 125 percent of the U.S. poverty level 13 and the person is unable to pay for the cost of an ignition 14 interlock device. A person is also indigent if the person has 15 an income level greater than 125 percent, but at or below 200 16 percent, of the U.S. poverty level and paying for the ignition 17 interlock device would cause the person substantial hardship. 18 The bill increases the punishment for a person who 19 unintentionally causes the death of another person by operating 20 a vehicle while intoxicated from up to 25 years in prison to 21 up to 50 years in prison. In addition, the bill increases 22 the punishment for a person who unintentionally causes 23 serious injury to another person by operating a vehicle while 24 intoxicated from a class “D” felony to a class “C” felony. A 25 class “C” felony is punishable by up to 10 years in prison 26 and a fine of at least $1,000 but not more than $10,000. By 27 operation of law, this prohibits a person who unintentionally 28 causes serious injury to another person by operating a vehicle 29 while intoxicated from being admitted to bail under Code 30 section 811.1. 31 DIVISION III —— PERSONS INVOLVED IN THE SALE OF ALCOHOLIC 32 BEVERAGES. The bill prohibits a person holding a liquor 33 control license or wine or beer permit (licensee or permittee) 34 for on-premises consumption from selling, dispensing, or giving 35 -40- LSB 1244YH (7) 87 ns/rh 40/ 41
H.F. 362 another person any alcoholic liquor, wine, or beer, if the 1 person’s driver’s license is marked to reflect that the person 2 has been convicted of an OWI offense or has had the person’s 3 driver’s license revoked due to an OWI violation. By operation 4 of law, a violation of this provision is a simple misdemeanor 5 and is grounds for the suspension or revocation of the license 6 or permit of the licensee or permittee under Code section 7 321.50, and may result in a civil penalty not to exceed $1,000. 8 The bill requires a licensee or permittee with an employee 9 who has served alcohol to an intoxicated person in violation 10 of Code section 321.49 to submit to the alcoholic beverages 11 division of the department of commerce or a local authority 12 a plan and procedure for the licensee or permittee to obtain 13 transportation for intoxicated persons on the premises of a 14 licensee’s or permittee’s business from the business to the 15 intoxicated person’s home. Failure to submit such a plan 16 and procedure to the satisfaction of the division or local 17 authority is grounds for the suspension or revocation of the 18 license or permit of the licensee or permittee, and may result 19 in a civil penalty not to exceed $1,000. 20 The bill also requires an employee or prospective employee 21 of a licensee or permittee to complete or re-complete an 22 alcohol compliance employee training program if the employee, 23 prospective employee, or another employee of the licensee or 24 permittee is convicted of serving alcohol to an intoxicated 25 person or to a person with a driver’s license marked to reflect 26 that the person has been convicted of an OWI offense or has had 27 the person’s driver’s license revoked due to an OWI violation. 28 The bill requires the person to attend the next available 29 alcohol compliance employee training program taking place 30 within 100 miles of the licensee’s or permittee’s business. 31 -41- LSB 1244YH (7) 87 ns/rh 41/ 41