House
Study
Bill
109
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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while
not
in
compliance
with
the
person’s
sobriety
and
drug
1
monitoring
program.
2
The
bill
also
provides
that
in
any
circumstance
in
which
3
Code
chapter
321J
requires
the
installation
of
an
ignition
4
interlock
device
in
all
vehicles
owned
or
operated
by
a
person
5
as
a
condition
of
the
person’s
license
or
privilege
to
operate
6
noncommercial
motor
vehicles,
the
DOT
must
require
the
person
7
to
be
a
participant
in
and
in
compliance
with
a
sobriety
and
8
drug
monitoring
program
if
the
person’s
offense
under
Code
9
chapter
321J
qualifies
as
an
eligible
offense
and
the
person’s
10
offense
occurred
in
a
participating
jurisdiction.
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