House File 519 - Introduced HOUSE FILE 519 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 109) A BILL FOR An Act relating to public safety on highways, including the use 1 of electronic communication devices while driving where such 2 use results in death and the establishment of a statewide 3 sobriety and drug monitoring program, and providing 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1680HV (1) 87 ns/nh

H.F. 519 DIVISION I 1 HOMICIDE BY VEHICLE —— USE OF ELECTRONIC COMMUNICATION DEVICES 2 WHILE DRIVING 3 Section 1. Section 707.6A, subsection 2, paragraph a, Code 4 2017, is amended to read as follows: 5 a. Driving a motor vehicle in a reckless manner with willful 6 or wanton disregard for the safety of persons or property, in 7 violation of section 321.277 . 8 (1) For the purposes of this paragraph “a” , a person’s 9 hand-held use of an electronic communication device while 10 driving a motor vehicle shall be considered prima facie 11 evidence that the person was driving the motor vehicle in a 12 reckless manner with willful or wanton disregard for the safety 13 of persons or property, in violation of section 321.277. 14 (2) Subparagraph (1) shall not apply to any of the 15 following: 16 (a) A member of a public safety agency, as defined in 17 section 34.1, performing official duties and acting in a 18 reasonable manner. 19 (b) A health care professional or emergency medical 20 services provider in the course of an emergency situation 21 acting in a reasonable manner. 22 (c) A person using an electronic communication device in a 23 hands-free or voice-operated mode, including but not limited 24 to the use of a headset. 25 (3) For the purposes of this paragraph “a” , the following 26 definitions apply: 27 (a) “Electronic communication device” means an electronic 28 device capable of being used to compose, send, receive, or 29 read an electronic message. “ Electronic communication device” 30 includes but is not limited to telephones, personal digital 31 assistants, and portable or mobile computers. 32 (b) “Electronic message” means a self-contained piece of 33 digital communication designed or intended to be transmitted 34 between electronic communication devices. “Electronic message” 35 -1- LSB 1680HV (1) 87 ns/nh 1/ 20

H.F. 519 includes but is not limited to video calls, electronic mail, 1 text messages, instant messages, and commands or requests to 2 access an internet site. 3 DIVISION II 4 STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM 5 Sec. 2. LEGISLATIVE FINDINGS —— PURPOSE. 6 1. The general assembly finds that operating a motor vehicle 7 in this state is a privilege, not a right. A person who wishes 8 to enjoy the benefits of this privilege shall accept the 9 corresponding responsibilities. 10 2. The general assembly declares that the purpose of this 11 division of this Act is to do all of the following: 12 a. Protect the public health and welfare by reducing the 13 number of people on the highways of this state who operate a 14 motor vehicle under the influence of alcohol or a controlled 15 substance. 16 b. Protect the public health and welfare by reducing the 17 number of repeat offenders who commit crimes in which the abuse 18 of alcohol or a controlled substance is a contributing factor 19 in the commission of the crime. 20 c. Strengthen the pretrial and post-trial options available 21 to prosecutors and judges in responding to repeat offenders who 22 commit crimes in which the abuse of alcohol or a controlled 23 substance is a contributing factor in the commission of the 24 crime. 25 d. Assure the timely and sober participation of offenders 26 in judicial proceedings. 27 3. The general assembly declares that it is important to 28 have a centralized repository for all information related to 29 alcohol and controlled substance testing required by the laws 30 of this state or as a condition of bond, pretrial release, 31 sentence, probation, parole, or a temporary restricted license. 32 Sec. 3. NEW SECTION . 901D.1 Short title. 33 This chapter shall be known and may be cited as the “Iowa 34 Sobriety and Drug Monitoring Program Act” . 35 -2- LSB 1680HV (1) 87 ns/nh 2/ 20

H.F. 519 Sec. 4. NEW SECTION . 901D.2 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Alcohol” means an alcoholic beverage as defined in 4 section 321J.1. 5 2. “Controlled substance” means as defined in section 6 124.101. 7 3. “Department” means the department of public safety. 8 4. “Eligible offense” means a criminal offense in which the 9 abuse of alcohol or a controlled substance was a contributing 10 factor in the commission of the offense, as determined by the 11 court or governmental entity of the participating jurisdiction. 12 “Eligible offense” includes but is not limited to a first 13 offense of operating while intoxicated in violation of section 14 321J.2 where the person’s alcohol concentration exceeded .15 15 and an accident resulting in personal injury or property damage 16 occurred, and a second or subsequent offense of operating while 17 intoxicated in violation of section 321J.2. 18 5. “Immediate sanction” means a sanction that is applied 19 within minutes of a failed test result. 20 6. “Law enforcement agency” means a law enforcement agency 21 charged with enforcement of the program created under this 22 chapter. 23 7. “Participating jurisdiction” means a county or other 24 governmental entity that chooses to participate in the program 25 created under this chapter. 26 8. “Sobriety and drug monitoring program” or “program” means 27 the program established pursuant to section 901D.3. 28 9. “Testing” means a procedure or set of procedures 29 performed to determine the presence of alcohol or a controlled 30 substance in a person’s breath or bodily fluid, including 31 blood, urine, saliva, and perspiration, and includes any 32 combination of breath testing, drug patch testing, urine 33 analysis testing, saliva testing, and continuous or transdermal 34 alcohol monitoring. Subject to section 901D.3, the department 35 -3- LSB 1680HV (1) 87 ns/nh 3/ 20

H.F. 519 may approve additional testing methodologies or the testing of 1 alternative bodily fluids. 2 10. “Timely sanction” means a sanction that is applied 3 within hours or days after a failed test result. A timely 4 sanction shall be applied as soon as possible, but the period 5 between the failed test result and the application of the 6 timely sanction shall not exceed five days. 7 Sec. 5. NEW SECTION . 901D.3 Program created. 8 1. The department of public safety shall establish a 9 statewide sobriety and drug monitoring program to be used 10 by participating jurisdictions, which shall be available 11 twenty-four hours per day, seven days per week. Pursuant to 12 the provisions of this chapter, a court or governmental entity, 13 or an authorized officer thereof, within a participating 14 jurisdiction may, as a condition of bond, pretrial release, 15 sentence, probation, parole, or a temporary restricted license, 16 do all of the following: 17 a. Require a person who has been charged with, pled guilty 18 to, or been convicted of an eligible offense to abstain from 19 alcohol and controlled substances for a period of time. 20 b. Require the person to be subject to testing to determine 21 whether alcohol or a controlled substance is present in the 22 person’s body in the following manner: 23 (1) At least twice per day at a central location where an 24 immediate sanction can be effectively applied. 25 (2) Where testing under subparagraph (1) creates a 26 documented hardship or is geographically impractical, by an 27 alternative method approved by the department and consistent 28 with this section where a timely sanction can be effectively 29 applied. 30 2. a. A person who has been required to participate in the 31 program by a court or governmental entity and whose driver’s 32 license is suspended or revoked shall not begin participation 33 in the program or be subject to the testing required by the 34 program until the person is eligible for a temporary restricted 35 -4- LSB 1680HV (1) 87 ns/nh 4/ 20

H.F. 519 license under applicable law. 1 b. In order to participate in the program, a person shall be 2 required to install an approved ignition interlock device on 3 all motor vehicles owned or operated by the person. 4 c. A person wishing to participate in the program who has 5 been charged with, pled guilty to, or been convicted of an 6 eligible offense, but has not been required by a court or 7 governmental entity to participate in the program, may apply 8 to the court or governmental entity of the participating 9 jurisdiction on a form created by the participating 10 jurisdiction, and the court or governmental entity may order 11 the person to participate in the program as a condition 12 of bond, pretrial release, sentence, probation, parole, 13 or a temporary restricted license. The application form 14 shall include an itemization of all costs associated with 15 participation in the program. 16 3. The program shall be evidence-based and shall satisfy at 17 least two of the following requirements: 18 a. The program is included in the United States substance 19 abuse and mental health services administration’s national 20 registry of evidence-based programs and practices. 21 b. The program has been reported in a peer-reviewed journal 22 as having positive effects on the primary targeted outcome. 23 c. The program has been documented as effective by informed 24 experts and other sources. 25 4. a. The core components of the program shall include 26 the use of a primary testing methodology for determining the 27 presence of alcohol or a controlled substance in a person that 28 best facilitates the ability of a law enforcement agency to 29 apply immediate sanctions for failed test results and that is 30 available at an affordable cost. 31 b. In cases of documented hardship or geographic 32 impracticality, or in cases where a program participant 33 has received less stringent testing requirements, testing 34 methodologies that best facilitate the ability of a law 35 -5- LSB 1680HV (1) 87 ns/nh 5/ 20

H.F. 519 enforcement agency to apply timely sanctions for noncompliant 1 test results may be utilized. For purposes of this section, 2 hardship or geographic impracticality shall be determined by 3 documentation and consideration of the following factors: 4 (1) Whether a testing device is available. 5 (2) Whether the participant is capable of paying the fees 6 and costs associated with the testing device. 7 (3) Whether the participant is capable of wearing the 8 testing device. 9 (4) Whether the participant fails to qualify for testing 10 twice per day because of one or more of the following: 11 (a) The participant lives in a rural area and submitting to 12 testing twice per day would be unduly burdensome. 13 (b) The participant’s employment requires the participant’s 14 presence at a location remote from the testing location and 15 submitting to testing twice per day would be unduly burdensome. 16 (c) The participant has repeatedly violated the 17 requirements of the program while submitting to testing twice 18 per day and poses a substantial risk of continuing to violate 19 the requirements of the program. 20 5. A jurisdiction wishing to participate in the program 21 shall submit an application to the department. A jurisdiction 22 shall not participate in the program unless the jurisdiction’s 23 application for participation has been approved by the 24 department. If a jurisdiction is approved for participation in 25 the program, the department shall assist the jurisdiction in 26 setting up and administering the program in that jurisdiction 27 in compliance with this chapter. 28 6. a. If a jurisdiction participates in the program, the 29 participating jurisdiction or a law enforcement agency of the 30 participating jurisdiction may designate a third party to 31 provide testing services or to take any other action required 32 or authorized to be provided by the participating jurisdiction 33 or law enforcement agency under this chapter, except a 34 third-party designee shall not determine whether to participate 35 -6- LSB 1680HV (1) 87 ns/nh 6/ 20

H.F. 519 in the program. 1 b. The participating jurisdiction, in consultation with the 2 law enforcement agency of the participating jurisdiction, shall 3 establish testing locations for the program. 4 7. Any efforts by the department to alter or modify a core 5 component of the program shall include a documented strategy 6 for achieving and measuring the effectiveness of the planned 7 alteration or modification. Before the department alters or 8 modifies a core component of the program, a pilot program 9 with defined objectives and timelines shall be initiated, and 10 measurements of the effectiveness and impact of the proposed 11 alteration or modification to a core component shall be 12 monitored. The data shall be assessed and the department 13 shall make a determination as to whether the stated goals of 14 the alteration or modification were achieved and whether the 15 alteration or modification should be formally implemented into 16 the program. 17 Sec. 6. NEW SECTION . 901D.4 Rulemaking —— fees. 18 The department shall adopt rules pursuant to chapter 17A to 19 administer this chapter, including but not limited to rules 20 regarding any of the following: 21 1. Providing for the nature and manner of testing, including 22 the procedures and apparatus to be used for testing. 23 2. Establishing reasonable participant, enrollment, and 24 testing fees for the program, including fees to pay the costs 25 of installation, monitoring, and deactivation of any testing 26 device. The fees shall be set at an amount such that the fees 27 collected in a participating jurisdiction are sufficient to pay 28 for the costs of the program in the participating jurisdiction, 29 including all costs to the state associated with the program in 30 the participating jurisdiction. 31 3. Providing for the application, acceptance, and use of 32 public and private grants, gifts, and donations to support 33 program activities. 34 4. Establishing a process for the identification and 35 -7- LSB 1680HV (1) 87 ns/nh 7/ 20

H.F. 519 management of indigent participants. 1 5. Providing for the creation and administration of a 2 stakeholder group to review and recommend changes to the 3 program. 4 6. Establishing a process for the submission and approval of 5 applications from jurisdictions to participate in the program. 6 Sec. 7. NEW SECTION . 901D.5 Data management system. 7 1. The department shall provide for and approve the use 8 of a program data management system that shall be used by 9 the department and all participating jurisdictions to manage 10 testing, test events, test results, data access, fees, the 11 collection of fee payments, and the submission and collection 12 of any required reports. 13 2. The data management system shall include but is not 14 limited to all of the following features: 15 a. A secure, remotely hosted, demonstrated, internet-based 16 management application that allows multiple concurrent users to 17 access and input information. 18 b. The support of breath testing, continuous remote 19 transdermal alcohol monitoring, drug patch testing, and urine 20 analysis testing. 21 c. The capability to track and store events including 22 but not limited to participant enrollment, testing activity, 23 accounting activity, and participating law enforcement agency 24 activity. 25 d. The capability to generate reports of system fields and 26 data. The data management system shall allow reports to be 27 generated as needed and on a scheduled basis, and shall allow 28 reports to be exported over a network connection or by remote 29 printing. 30 e. The ability to identify program participants who have 31 previously been enrolled in a similar program in this state or 32 another state. 33 3. Unless otherwise required by federal law, all alcohol or 34 controlled substance testing performed as a condition of bond, 35 -8- LSB 1680HV (1) 87 ns/nh 8/ 20

H.F. 519 pretrial release, sentence, probation, parole, or a temporary 1 restricted license shall utilize and input results to the data 2 management system. 3 4. The data management system shall contain sufficient 4 security protocols to protect participants’ personal 5 information from unauthorized use. 6 Sec. 8. NEW SECTION . 901D.6 Authority to order program 7 participation. 8 1. A court or governmental entity, or an authorized officer 9 thereof, in a participating jurisdiction may utilize the 10 program as provided in this section. The program shall be a 11 preferred program for offenders charged with or convicted of an 12 eligible offense. 13 2. If a person convicted of a first offense of operating 14 while intoxicated where the person’s alcohol concentration 15 exceeded .15 and an accident resulting in personal injury or 16 property damage occurred, or a second or subsequent offense of 17 operating while intoxicated, has been required to participate 18 in the program, has financial liability coverage pursuant 19 to section 321.20B, and the minimum period of ineligibility 20 for issuance of a temporary restricted license has expired 21 pursuant to chapter 321J, the court may notify the department 22 of transportation that, as a participant in the program, the 23 person is eligible for a temporary restricted license pursuant 24 to section 321J.20. 25 3. A court may condition any bond or pretrial release 26 otherwise authorized by law for a person charged with an 27 eligible offense upon participation in the program and payment 28 of the fees established pursuant to section 901D.4. 29 4. A court may condition a suspended sentence or probation 30 otherwise authorized by law for a person convicted of an 31 eligible offense upon participation in the program and payment 32 of the fees established pursuant to section 901D.4. 33 5. The board of parole, the department of corrections, or 34 a parole officer may condition parole otherwise authorized 35 -9- LSB 1680HV (1) 87 ns/nh 9/ 20

H.F. 519 by law for a person convicted of an eligible offense upon 1 participation in the program and payment of the fees 2 established pursuant to section 901D.4. 3 Sec. 9. NEW SECTION . 901D.7 Placement and enrollment. 4 1. Subject to sections 901D.3 and 901D.6, a participant 5 may be placed in the program as a condition of bond, pretrial 6 release, sentence, probation, parole, or a temporary 7 restricted license. However, a person who has been required to 8 participate in the program by a court or governmental entity 9 and whose driver’s license is suspended or revoked shall not 10 begin participation in the program or be subject to the testing 11 required by the program until the person is eligible for a 12 temporary restricted license under applicable law. 13 2. An order or directive placing a participant in the 14 program shall include the type of testing required to be 15 administered in the program and the length of time that the 16 participant is required to remain in the program. The person 17 issuing the order or directive shall send a copy of the order 18 or directive to the law enforcement agency of the participating 19 jurisdiction. 20 3. Upon receipt of a copy of an order or directive, 21 a representative of the law enforcement agency of the 22 participating jurisdiction shall enroll a participant in the 23 program prior to testing. 24 4. At the time of enrollment, a representative of the law 25 enforcement agency of the participating jurisdiction shall 26 enter the participant’s information into the data management 27 system described in section 901D.5. The representative of 28 the agency shall provide the participant with the appropriate 29 materials required by the program, inform the participant that 30 the participant’s information may be shared for law enforcement 31 and reporting purposes, and provide the participant with 32 information related to the required testing, procedures, and 33 fees. 34 5. The participant shall sign a form stating that the 35 -10- LSB 1680HV (1) 87 ns/nh 10/ 20

H.F. 519 participant understands the program requirements and releases 1 the participant’s information for law enforcement and reporting 2 purposes. 3 6. A participant shall report to the program for testing for 4 the length of time ordered by the court, the board of parole, 5 the department of corrections, or a parole officer. 6 Sec. 10. NEW SECTION . 901D.8 Collection, distribution, and 7 use of fees. 8 1. The law enforcement agency of a participating 9 jurisdiction shall do all of the following: 10 a. Establish and maintain a sobriety program account. 11 b. Collect the participant, enrollment, and testing fees 12 established pursuant to section 901D.4 and deposit the fees 13 and any other funds received for the program into the sobriety 14 program account for administration of the program. 15 2. A participant shall pay all fees directly to the law 16 enforcement agency of the participating jurisdiction. 17 3. a. The law enforcement agency shall distribute a 18 portion of the fees to any participating third-party designee 19 in accordance with the agreement between the agency and the 20 third-party designee. 21 b. The remainder of the fees collected shall be deposited in 22 the sobriety program account, and shall be used only for the 23 purposes of administering and operating the program. 24 Sec. 11. NEW SECTION . 901D.9 Noncompliance. 25 1. An allegation that a participant failed a test, refused 26 to submit to a test, or failed to appear for testing shall 27 be communicated ex parte by the participating jurisdiction, 28 a law enforcement agency of the participating jurisdiction, 29 or the participating jurisdiction’s third-party designee to a 30 magistrate as soon as practicable. A magistrate who receives 31 such a communication may order the participant’s immediate 32 incarceration pending a hearing on the allegation but lasting 33 no longer than twenty-four hours after the issuance of the 34 order, or if the participant failed to appear for testing as 35 -11- LSB 1680HV (1) 87 ns/nh 11/ 20

H.F. 519 scheduled, the magistrate may issue a warrant for the arrest of 1 the participant for a violation of the terms of bond, pretrial 2 release, sentence, probation, or parole, as applicable. 3 2. The magistrate may notify the department of 4 transportation of the participant’s noncompliance and direct 5 the department to withdraw any temporary restricted license 6 issued to the participant and reinstate the remainder of any 7 applicable license suspension or revocation period provided by 8 law. 9 Sec. 12. NEW SECTION . 901D.10 Report and repeal. 10 1. The department, in consultation with the judicial branch 11 and the department of transportation, shall by December 1, 12 2021, submit a report to the general assembly detailing the 13 effectiveness of the program established pursuant to this 14 chapter and shall make recommendations concerning the continued 15 implementation of the program or the elimination of the 16 program. 17 2. This chapter is repealed July 1, 2022. 18 DIVISION III 19 OPERATING WHILE INTOXICATED —— SOBRIETY AND DRUG MONITORING 20 PROGRAM PROVISIONS 21 Sec. 13. Section 321J.20, subsection 1, paragraph a, 22 unnumbered paragraph 1, Code 2017, is amended to read as 23 follows: 24 The department may, on application, issue a temporary 25 restricted license to a person whose noncommercial driver’s 26 license is revoked under this chapter allowing the person to 27 drive to and from the person’s home and specified places at 28 specified times which can be verified by the department and 29 which are required by the person’s full-time or part-time 30 employment, continuing health care or the continuing health 31 care of another who is dependent upon the person, continuing 32 education while enrolled in an educational institution on a 33 part-time or full-time basis and while pursuing a course of 34 study leading to a diploma, degree, or other certification of 35 -12- LSB 1680HV (1) 87 ns/nh 12/ 20

H.F. 519 successful educational completion, substance abuse treatment, 1 court-ordered community service responsibilities, and 2 appointments with the person’s parole or probation officer , 3 and participation in a program established pursuant to chapter 4 901D, if the person’s driver’s license has not been revoked 5 previously under section 321J.4 , 321J.9 , or 321J.12 and if any 6 of the following apply: 7 Sec. 14. Section 321J.20, subsection 2, paragraph a, Code 8 2017, is amended to read as follows: 9 a. Notwithstanding section 321.560 , the department may, 10 on application, and upon the expiration of the minimum period 11 of ineligibility for a temporary restricted license provided 12 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 13 temporary restricted license to a person whose noncommercial 14 driver’s license has either been revoked under this chapter , or 15 revoked or suspended under chapter 321 solely for violations 16 of this chapter , or who has been determined to be a habitual 17 offender under chapter 321 based solely on violations of 18 this chapter or on violations listed in section 321.560, 19 subsection 1 , paragraph “b” , and who is not eligible for a 20 temporary restricted license under subsection 1 . However, 21 the department may not issue a temporary restricted license 22 under this subsection for a violation of section 321J.2A or 23 to a person under the age of twenty-one whose license is 24 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 25 restricted license issued under this subsection may allow the 26 person to drive to and from the person’s home and specified 27 places at specified times which can be verified by the 28 department and which are required by the person’s full-time or 29 part-time employment; continuing education while enrolled in an 30 educational institution on a part-time or full-time basis and 31 while pursuing a course of study leading to a diploma, degree, 32 or other certification of successful educational completion; 33 or substance abuse treatment ; or participation in a program 34 established pursuant to chapter 901D . 35 -13- LSB 1680HV (1) 87 ns/nh 13/ 20

H.F. 519 Sec. 15. Section 321J.20, subsection 3, Code 2017, is 1 amended to read as follows: 2 3. If a person required to install an ignition interlock 3 device or participate in a program established pursuant to 4 chapter 901D operates a motor vehicle which does not have an 5 approved ignition interlock device or while not in compliance 6 with the program, or if the person tampers with or circumvents 7 an ignition interlock device, in addition to other penalties 8 provided, the person’s temporary restricted license shall be 9 revoked. 10 Sec. 16. Section 321J.20, Code 2017, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 10. Notwithstanding any other provision of 13 law to the contrary, in any circumstance in which this chapter 14 requires the installation of an ignition interlock device in 15 all vehicles owned or operated by a person as a condition of 16 the person’s license or privilege to operate noncommercial 17 motor vehicles, the department shall require the person to be 18 a participant in and in compliance with a sobriety and drug 19 monitoring program established pursuant to chapter 901D if the 20 person’s offense under this chapter qualifies as an eligible 21 offense as defined in section 901D.2, and the person’s offense 22 occurred in a participating jurisdiction, as defined in section 23 901D.2. The department, in consultation with the department 24 of public safety, may adopt rules for issuing and accepting a 25 certification of participation in and compliance with a program 26 established pursuant to chapter 901D. This subsection shall be 27 construed and implemented to comply with 23 U.S.C. §164(a), as 28 amended by the federal Fixing America’s Surface Transportation 29 Act, Pub. L. No. 114-94, §1414, and shall not apply if such 30 application results in a finding of noncompliance with 23 31 U.S.C. §164 that results or will result in a reservation 32 or transfer of funds pursuant to 23 U.S.C. §164(b). This 33 subsection shall not authorize the operation of a motor vehicle 34 for any purpose not otherwise authorized by this chapter. 35 -14- LSB 1680HV (1) 87 ns/nh 14/ 20

H.F. 519 Sec. 17. FUTURE REPEAL. This division of this Act is 1 repealed July 1, 2022. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 DIVISION I —— HOMICIDE BY VEHICLE —— USE OF ELECTRONIC 6 COMMUNICATION DEVICES WHILE DRIVING. Current law provides 7 that a person commits a class “C” felony when the person 8 unintentionally causes the death of another person by driving 9 a motor vehicle in a reckless manner with willful or wanton 10 disregard for the safety of persons or property. A class “C” 11 felony is punishable by imprisonment for not more than 10 years 12 and a fine of at least $1,000 but not more than $10,000. 13 This bill provides that for the purposes of that provision, 14 a person’s hand-held use of an electronic communication device 15 while driving a motor vehicle shall be considered prima facie 16 evidence that the person was driving the motor vehicle in a 17 reckless manner with willful or wanton disregard for the safety 18 of persons or property. This provision does not apply to a 19 member of a public safety agency performing official duties 20 and acting in a reasonable manner, a health care professional 21 or emergency medical services provider in the course of an 22 emergency situation acting in a reasonable manner, or a person 23 using an electronic communication device in a hands-free or 24 voice-operated mode, including but not limited to the use of 25 a headset. 26 An electronic communication device is a device capable of 27 being used to compose, send, receive, or read an electronic 28 message, and includes telephones, personal digital assistants, 29 and portable or mobile computers. An electronic message is 30 a self-contained piece of digital communication designed or 31 intended to be transmitted between electronic communication 32 devices, and includes video calls, electronic mail, text 33 messages, instant messages, and commands or requests to access 34 an internet site. 35 -15- LSB 1680HV (1) 87 ns/nh 15/ 20

H.F. 519 DIVISION II —— STATEWIDE SOBRIETY AND DRUG MONITORING 1 PROGRAM. The bill directs the department of public safety 2 (DPS) to establish a statewide sobriety and drug monitoring 3 program that is available 24 hours per day, seven days per 4 week. Under the program, a court or governmental entity, as 5 a condition of bond, pretrial release, sentence, probation, 6 parole, or a temporary restricted license, may require a person 7 who has been charged with, pled guilty to, or been convicted 8 of an eligible offense to abstain from alcohol and controlled 9 substances for a period of time. The bill provides that an 10 eligible offense is a criminal offense in which the abuse of 11 alcohol or a controlled substance was a contributing factor 12 in the commission of the offense as determined by the court 13 or governmental entity of the participating jurisdiction, 14 including but not limited to a first offense of operating 15 while intoxicated where the person’s alcohol concentration 16 exceeded .15 and an accident resulting in personal injury or 17 property damage occurred, and a second or subsequent offense 18 of operating while intoxicated. 19 The program requires a person to be subject to testing to 20 determine whether alcohol or a controlled substance is present 21 in the person’s body at least twice per day at a central 22 location where an immediate sanction can be applied. Where 23 such testing creates a documented hardship or is geographically 24 impractical, an alternative method approved by DPS may be used. 25 Hardship or geographic impracticality is determined by 26 documentation and consideration of whether a testing device is 27 available, whether the participant is capable of paying the 28 fees and costs associated with the testing device, whether 29 the participant is capable of wearing the testing device, and 30 whether the participant fails to qualify for testing twice 31 per day because the participant lives in a rural area, the 32 participant’s employment requires the participant’s presence at 33 a location remote from the testing location, or the participant 34 has repeatedly violated the requirements of the program. 35 -16- LSB 1680HV (1) 87 ns/nh 16/ 20

H.F. 519 The bill prohibits a person who has been required to 1 participate in the program and whose driver’s license is 2 suspended or revoked from participating in the program until 3 the person is eligible for a temporary restricted license. A 4 person must install an ignition interlock device on all motor 5 vehicles owned or operated by the person to participate in 6 the program. A person who has been charged with, pled guilty 7 to, or been convicted of an eligible offense who has not 8 been required to participate in the program may apply to the 9 participating jurisdiction in order to participate. 10 If a jurisdiction applies to and is approved by DPS to 11 participate in the program, the bill requires DPS to assist the 12 jurisdiction in setting up and administering the program. The 13 participating jurisdiction must establish testing locations and 14 may designate a third party to provide testing services. 15 Any efforts by DPS to alter or modify the core components 16 of the program are required to include a documented strategy 17 for achieving and measuring the effectiveness of the planned 18 alteration or modification. Before the core components of the 19 program can be altered or modified, a pilot program must be 20 initiated and monitored. 21 The bill requires DPS to adopt rules providing for the nature 22 and manner of testing; establishing reasonable fees; providing 23 for the application, acceptance, and use of public and private 24 grants, gifts, and donations; establishing a process for 25 the identification and management of indigent participants; 26 providing for the creation and administration of a stakeholder 27 group to review and recommend changes to the program; and 28 establishing a process for the submission and approval of 29 applications from jurisdictions. The bill further requires the 30 amount of the fees to be set at an amount such that the fees 31 collected in a participating jurisdiction are sufficient to pay 32 for the costs of the program in the participating jurisdiction, 33 including all costs to the state. 34 In addition, the bill requires DPS to provide for and approve 35 -17- LSB 1680HV (1) 87 ns/nh 17/ 20

H.F. 519 the use of a program data management system to be used by DPS 1 and all participating jurisdictions to manage testing, test 2 events, test results, data access, fees, the collection of fee 3 payments, and the submission and collection of any required 4 reports. The bill provides for certain required features of 5 the data management system. 6 A court may condition any bond or pretrial release otherwise 7 authorized by law for a person charged with an eligible offense 8 upon participation in the program and payment of the required 9 fees. A court may also condition a suspended sentence or 10 probation otherwise authorized by law for a person convicted 11 of an eligible offense upon participation in the program 12 and payment of the required fees. Likewise, the board of 13 parole, the department of corrections, or a parole officer 14 may condition parole otherwise authorized by law for a person 15 convicted of an eligible offense upon participation in the 16 program and payment of the required fees. 17 The bill requires an order or directive placing a 18 participant in the program to include the type of testing 19 required to be administered and the length of time that the 20 participant is required to remain in the program. At the 21 time of enrollment, a representative of the law enforcement 22 agency of a participating jurisdiction must enter the 23 participant’s information into the data management system. The 24 representative of the agency must provide the participant with 25 the appropriate materials required by the program, inform the 26 participant that the participant’s information may be shared 27 for law enforcement and reporting purposes, and provide the 28 participant with information related to the required testing, 29 procedures, and fees. 30 The bill provides that the law enforcement agency of a 31 participating jurisdiction must establish and maintain a 32 sobriety program account, and collect the required fees. The 33 law enforcement agency must distribute a portion of the fees to 34 any participating third-party designee in accordance with the 35 -18- LSB 1680HV (1) 87 ns/nh 18/ 20

H.F. 519 agreement between the agency and the third-party designee, and 1 the remainder of the fees collected must be deposited in the 2 participating jurisdiction’s sobriety program account and must 3 be used only for the purposes of administering and operating 4 the program. 5 The bill requires allegations that a participant failed 6 a test, refused to submit to a test, or failed to appear 7 for testing to be communicated ex parte by the participating 8 jurisdiction, a law enforcement agency of the participating 9 jurisdiction, or the participating jurisdiction’s third-party 10 designee to a magistrate as soon as practicable. A magistrate 11 who receives such a communication may order the participant’s 12 immediate incarceration pending a hearing on the allegation 13 but lasting no longer than 24 hours after the issuance of the 14 order, or if the participant failed to appear for testing as 15 scheduled, the magistrate may issue a warrant for the arrest of 16 the participant for a violation of the terms of bond, pretrial 17 release, sentence, probation, or parole. 18 Upon the failure of a participant to submit to or pass a 19 test under the program, the court may notify the department 20 of transportation (DOT) of the participant’s noncompliance 21 and direct the DOT to withdraw the participant’s temporary 22 restricted license and reinstate the remainder of the license 23 suspension or revocation period. 24 The bill requires DPS to submit a report to the general 25 assembly detailing the effectiveness of the program and making 26 recommendations by December 1, 2021. The sobriety and drug 27 monitoring program is repealed July 1, 2022. 28 DIVISION III —— OPERATING WHILE INTOXICATED —— SOBRIETY AND 29 DRUG MONITORING PROGRAM PROVISIONS. The bill provides that a 30 temporary restricted license issued under Code chapter 321J 31 (operating while intoxicated) is valid for travel related to 32 participation in a sobriety and drug monitoring program. In 33 addition, the bill requires the DOT to revoke the temporary 34 restricted license of a person operating a motor vehicle 35 -19- LSB 1680HV (1) 87 ns/nh 19/ 20