Senate File 444 - Introduced SENATE FILE 444 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1101) 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 1680SV (2) 87 ns/nh

S.F. 444 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 (d) A person using an electronic communication device 26 by pressing a single button to initiate or terminate a voice 27 communication. 28 (3) For the purposes of this paragraph “a” , the following 29 definitions apply: 30 (a) “Electronic communication device” means an electronic 31 device capable of being used to compose, send, receive, or 32 read an electronic message. “ Electronic communication device” 33 includes but is not limited to telephones, personal digital 34 assistants, and portable or mobile computers, but does not 35 -1- LSB 1680SV (2) 87 ns/nh 1/ 20

S.F. 444 include global positioning systems, navigation systems, or 1 devices that are physically or electronically integrated into a 2 motor vehicle. 3 (b) “Electronic message” means a self-contained piece of 4 digital communication designed or intended to be transmitted 5 between electronic communication devices. “Electronic message” 6 includes but is not limited to video calls, electronic mail, 7 text messages, instant messages, and commands or requests to 8 access an internet site. 9 DIVISION II 10 STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM 11 Sec. 2. LEGISLATIVE FINDINGS —— PURPOSE. 12 1. The general assembly finds that operating a motor vehicle 13 in this state is a privilege, not a right. A person who wishes 14 to enjoy the benefits of this privilege shall accept the 15 corresponding responsibilities. 16 2. The general assembly declares that the purpose of this 17 division of this Act is to do all of the following: 18 a. Protect the public health and welfare by reducing the 19 number of people on the highways of this state who operate a 20 motor vehicle under the influence of alcohol or a controlled 21 substance. 22 b. Protect the public health and welfare by reducing the 23 number of repeat offenders who commit crimes in which the abuse 24 of alcohol or a controlled substance is a contributing factor 25 in the commission of the crime. 26 c. Strengthen the pretrial and post-trial options available 27 to prosecutors and judges in responding to repeat offenders who 28 commit crimes in which the abuse of alcohol or a controlled 29 substance is a contributing factor in the commission of the 30 crime. 31 d. Assure the timely and sober participation of offenders 32 in judicial proceedings. 33 3. The general assembly declares that it is important to 34 have a centralized repository for all information related to 35 -2- LSB 1680SV (2) 87 ns/nh 2/ 20

S.F. 444 alcohol and controlled substance testing required by the laws 1 of this state or as a condition of bond, pretrial release, 2 sentence, probation, parole, or a temporary restricted license. 3 Sec. 3. NEW SECTION . 901D.1 Short title. 4 This chapter shall be known and may be cited as the “Iowa 5 Sobriety and Drug Monitoring Program Act” . 6 Sec. 4. NEW SECTION . 901D.2 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Alcohol” means an alcoholic beverage as defined in 10 section 321J.1. 11 2. “Controlled substance” means as defined in section 12 124.101. 13 3. “Department” means the department of public safety. 14 4. “Eligible offense” means a criminal offense in which the 15 abuse of alcohol or a controlled substance was a contributing 16 factor in the commission of the offense, as determined by the 17 court or governmental entity of the participating jurisdiction. 18 For the purposes of operating while intoxicated offenses 19 committed in violation of section 321J.2, “eligible offense” 20 includes only the following offenses: 21 a. A first offense in which the person’s alcohol 22 concentration exceeded .15. 23 b. A first offense in which an accident resulting in 24 personal injury or property damage occurred. 25 c. A first offense in which the person refused to submit to 26 a chemical test requested pursuant to section 321J.6. 27 d. A second or subsequent offense. 28 5. “Immediate sanction” means a sanction that is applied 29 within minutes of a failed test result. 30 6. “Law enforcement agency” means a law enforcement agency 31 charged with enforcement of the program created under this 32 chapter. 33 7. “Participating jurisdiction” means a county or other 34 governmental entity that chooses to participate in the program 35 -3- LSB 1680SV (2) 87 ns/nh 3/ 20

S.F. 444 created under this chapter. 1 8. “Sobriety and drug monitoring program” or “program” means 2 the program established pursuant to section 901D.3. 3 9. “Testing” means a procedure or set of procedures 4 performed to determine the presence of alcohol or a controlled 5 substance in a person’s breath or bodily fluid, including 6 blood, urine, saliva, and perspiration, and includes any 7 combination of breath testing, drug patch testing, urine 8 analysis testing, saliva testing, and continuous or transdermal 9 alcohol monitoring. Subject to section 901D.3, the department 10 may approve additional testing methodologies or the testing of 11 alternative bodily fluids. 12 10. “Timely sanction” means a sanction that is applied 13 within hours or days after a failed test result. A timely 14 sanction shall be applied as soon as possible, but the period 15 between the failed test result and the application of the 16 timely sanction shall not exceed five days. 17 Sec. 5. NEW SECTION . 901D.3 Program created. 18 1. The department of public safety shall establish a 19 statewide sobriety and drug monitoring program to be used 20 by participating jurisdictions, which shall be available 21 twenty-four hours per day, seven days per week. Pursuant to 22 the provisions of this chapter, a court or governmental entity, 23 or an authorized officer thereof, within a participating 24 jurisdiction may, as a condition of bond, pretrial release, 25 sentence, probation, parole, or a temporary restricted license, 26 do all of the following: 27 a. Require a person who has been charged with, pled guilty 28 to, or been convicted of an eligible offense to abstain from 29 alcohol and controlled substances for a period of time. 30 b. Require the person to be subject to testing to determine 31 whether alcohol or a controlled substance is present in the 32 person’s body in the following manner: 33 (1) At least twice per day at a central location where an 34 immediate sanction can be effectively applied. 35 -4- LSB 1680SV (2) 87 ns/nh 4/ 20

S.F. 444 (2) Where testing under subparagraph (1) creates a 1 documented hardship or is geographically impractical, by an 2 alternative method approved by the department and consistent 3 with this section where a timely sanction can be effectively 4 applied. 5 2. a. A person who has been required to participate in the 6 program by a court or governmental entity and whose driver’s 7 license is suspended or revoked shall not begin participation 8 in the program or be subject to the testing required by the 9 program until the person is eligible for a temporary restricted 10 license under applicable law. 11 b. In order to participate in the program, a person shall be 12 required to install an approved ignition interlock device on 13 all motor vehicles owned or operated by the person. 14 c. A person wishing to participate in the program who has 15 been charged with, pled guilty to, or been convicted of an 16 eligible offense, but has not been required by a court or 17 governmental entity to participate in the program, may apply 18 to the court or governmental entity of the participating 19 jurisdiction on a form created by the participating 20 jurisdiction, and the court or governmental entity may order 21 the person to participate in the program as a condition 22 of bond, pretrial release, sentence, probation, parole, 23 or a temporary restricted license. The application form 24 shall include an itemization of all costs associated with 25 participation in the program. 26 3. The program shall be evidence-based and shall satisfy at 27 least two of the following requirements: 28 a. The program is included in the United States substance 29 abuse and mental health services administration’s national 30 registry of evidence-based programs and practices. 31 b. The program has been reported in a peer-reviewed journal 32 as having positive effects on the primary targeted outcome. 33 c. The program has been documented as effective by informed 34 experts and other sources. 35 -5- LSB 1680SV (2) 87 ns/nh 5/ 20

S.F. 444 4. a. The core components of the program shall include 1 the use of a primary testing methodology for determining the 2 presence of alcohol or a controlled substance in a person that 3 best facilitates the ability of a law enforcement agency to 4 apply immediate sanctions for failed test results and that is 5 available at an affordable cost. 6 b. In cases of documented hardship or geographic 7 impracticality, or in cases where a program participant 8 has received less stringent testing requirements, testing 9 methodologies that best facilitate the ability of a law 10 enforcement agency to apply timely sanctions for noncompliant 11 test results may be utilized. For purposes of this section, 12 hardship or geographic impracticality shall be determined by 13 documentation and consideration of the following factors: 14 (1) Whether a testing device is available. 15 (2) Whether the participant is capable of paying the fees 16 and costs associated with the testing device. 17 (3) Whether the participant is capable of wearing the 18 testing device. 19 (4) Whether the participant fails to qualify for testing 20 twice per day because of one or more of the following: 21 (a) The participant lives in a rural area and submitting to 22 testing twice per day would be unduly burdensome. 23 (b) The participant’s employment requires the participant’s 24 presence at a location remote from the testing location and 25 submitting to testing twice per day would be unduly burdensome. 26 (c) The participant has repeatedly violated the 27 requirements of the program while submitting to testing twice 28 per day and poses a substantial risk of continuing to violate 29 the requirements of the program. 30 5. A jurisdiction wishing to participate in the program 31 shall submit an application to the department. A jurisdiction 32 shall not participate in the program unless the jurisdiction’s 33 application for participation has been approved by the 34 department. If a jurisdiction is approved for participation in 35 -6- LSB 1680SV (2) 87 ns/nh 6/ 20

S.F. 444 the program, the department shall assist the jurisdiction in 1 setting up and administering the program in that jurisdiction 2 in compliance with this chapter. 3 6. a. If a jurisdiction participates in the program, the 4 participating jurisdiction or a law enforcement agency of the 5 participating jurisdiction may designate a third party to 6 provide testing services or to take any other action required 7 or authorized to be provided by the participating jurisdiction 8 or law enforcement agency under this chapter, except a 9 third-party designee shall not determine whether to participate 10 in the program. 11 b. The participating jurisdiction, in consultation with the 12 law enforcement agency of the participating jurisdiction, shall 13 establish testing locations for the program. 14 7. Any efforts by the department to alter or modify a core 15 component of the program shall include a documented strategy 16 for achieving and measuring the effectiveness of the planned 17 alteration or modification. Before the department alters or 18 modifies a core component of the program, a pilot program 19 with defined objectives and timelines shall be initiated, and 20 measurements of the effectiveness and impact of the proposed 21 alteration or modification to a core component shall be 22 monitored. The data shall be assessed and the department 23 shall make a determination as to whether the stated goals of 24 the alteration or modification were achieved and whether the 25 alteration or modification should be formally implemented into 26 the program. 27 Sec. 6. NEW SECTION . 901D.4 Rulemaking —— fees. 28 The department shall adopt rules pursuant to chapter 17A to 29 administer this chapter, including but not limited to rules 30 regarding any of the following: 31 1. Providing for the nature and manner of testing, including 32 the procedures and apparatus to be used for testing. 33 2. Establishing reasonable participant, enrollment, and 34 testing fees for the program, including fees to pay the costs 35 -7- LSB 1680SV (2) 87 ns/nh 7/ 20

S.F. 444 of installation, monitoring, and deactivation of any testing 1 device. The fees shall be set at an amount such that the fees 2 collected in a participating jurisdiction are sufficient to pay 3 for the costs of the program in the participating jurisdiction, 4 including all costs to the state associated with the program in 5 the participating jurisdiction. 6 3. Providing for the application, acceptance, and use of 7 public and private grants, gifts, and donations to support 8 program activities. 9 4. Establishing a process for the identification and 10 management of indigent participants. 11 5. Providing for the creation and administration of a 12 stakeholder group to review and recommend changes to the 13 program. 14 6. Establishing a process for the submission and approval of 15 applications from jurisdictions to participate in the program. 16 Sec. 7. NEW SECTION . 901D.5 Data management system. 17 1. The department shall provide for and approve the use 18 of a program data management system that shall be used by 19 the department and all participating jurisdictions to manage 20 testing, test events, test results, data access, fees, the 21 collection of fee payments, and the submission and collection 22 of any required reports. 23 2. The data management system shall include but is not 24 limited to all of the following features: 25 a. A secure, remotely hosted, demonstrated, internet-based 26 management application that allows multiple concurrent users to 27 access and input information. 28 b. The support of breath testing, continuous remote 29 transdermal alcohol monitoring, drug patch testing, and urine 30 analysis testing. 31 c. The capability to track and store events including 32 but not limited to participant enrollment, testing activity, 33 accounting activity, and participating law enforcement agency 34 activity. 35 -8- LSB 1680SV (2) 87 ns/nh 8/ 20

S.F. 444 d. The capability to generate reports of system fields and 1 data. The data management system shall allow reports to be 2 generated as needed and on a scheduled basis, and shall allow 3 reports to be exported over a network connection or by remote 4 printing. 5 e. The ability to identify program participants who have 6 previously been enrolled in a similar program in this state or 7 another state. 8 3. Unless otherwise required by federal law, all alcohol or 9 controlled substance testing performed as a condition of bond, 10 pretrial release, sentence, probation, parole, or a temporary 11 restricted license shall utilize and input results to the data 12 management system. 13 4. The data management system shall contain sufficient 14 security protocols to protect participants’ personal 15 information from unauthorized use. 16 Sec. 8. NEW SECTION . 901D.6 Authority to order program 17 participation. 18 1. A court or governmental entity, or an authorized officer 19 thereof, in a participating jurisdiction may utilize the 20 program as provided in this section. The program shall be a 21 preferred program for offenders charged with or convicted of an 22 eligible offense. 23 2. A court may condition any bond or pretrial release 24 otherwise authorized by law for a person charged with an 25 eligible offense upon participation in the program and payment 26 of the fees established pursuant to section 901D.4. 27 3. A court may condition a suspended sentence or probation 28 otherwise authorized by law for a person convicted of an 29 eligible offense upon participation in the program and payment 30 of the fees established pursuant to section 901D.4. 31 4. The board of parole, the department of corrections, or 32 a parole officer may condition parole otherwise authorized 33 by law for a person convicted of an eligible offense upon 34 participation in the program and payment of the fees 35 -9- LSB 1680SV (2) 87 ns/nh 9/ 20

S.F. 444 established pursuant to section 901D.4. 1 Sec. 9. NEW SECTION . 901D.7 Placement and enrollment. 2 1. Subject to sections 901D.3 and 901D.6, a participant 3 may be placed in the program as a condition of bond, pretrial 4 release, sentence, probation, parole, or a temporary 5 restricted license. However, a person who has been required to 6 participate in the program by a court or governmental entity 7 and whose driver’s license is suspended or revoked shall not 8 begin participation in the program or be subject to the testing 9 required by the program until the person is eligible for a 10 temporary restricted license under applicable law. 11 2. An order or directive placing a participant in the 12 program shall include the type of testing required to be 13 administered in the program and the length of time that the 14 participant is required to remain in the program. The person 15 issuing the order or directive shall send a copy of the order 16 or directive to the law enforcement agency of the participating 17 jurisdiction. 18 3. Upon receipt of a copy of an order or directive, 19 a representative of the law enforcement agency of the 20 participating jurisdiction shall enroll a participant in the 21 program prior to testing. 22 4. At the time of enrollment, a representative of the law 23 enforcement agency of the participating jurisdiction shall 24 enter the participant’s information into the data management 25 system described in section 901D.5. The representative of 26 the agency shall provide the participant with the appropriate 27 materials required by the program, inform the participant that 28 the participant’s information may be shared for law enforcement 29 and reporting purposes, and provide the participant with 30 information related to the required testing, procedures, and 31 fees. 32 5. The participant shall sign a form stating that the 33 participant understands the program requirements and releases 34 the participant’s information for law enforcement and reporting 35 -10- LSB 1680SV (2) 87 ns/nh 10/ 20

S.F. 444 purposes. 1 6. A participant shall report to the program for testing for 2 the length of time ordered by the court, the board of parole, 3 the department of corrections, or a parole officer. 4 Sec. 10. NEW SECTION . 901D.8 Collection, distribution, and 5 use of fees. 6 1. The law enforcement agency of a participating 7 jurisdiction shall do all of the following: 8 a. Establish and maintain a sobriety program account. 9 b. Collect the participant, enrollment, and testing fees 10 established pursuant to section 901D.4 and deposit the fees 11 and any other funds received for the program into the sobriety 12 program account for administration of the program. 13 2. A participant shall pay all fees directly to the law 14 enforcement agency of the participating jurisdiction. 15 3. a. The law enforcement agency shall distribute a 16 portion of the fees to any participating third-party designee 17 in accordance with the agreement between the agency and the 18 third-party designee. 19 b. The remainder of the fees collected shall be deposited in 20 the sobriety program account, and shall be used only for the 21 purposes of administering and operating the program. 22 Sec. 11. NEW SECTION . 901D.9 Noncompliance. 23 1. An allegation that a participant failed a test, refused 24 to submit to a test, or failed to appear for testing shall 25 be communicated ex parte by the participating jurisdiction, 26 a law enforcement agency of the participating jurisdiction, 27 or the participating jurisdiction’s third-party designee to a 28 magistrate as soon as practicable. A magistrate who receives 29 such a communication may order the participant’s immediate 30 incarceration pending a hearing on the allegation but lasting 31 no longer than twenty-four hours after the issuance of the 32 order, or if the participant failed to appear for testing as 33 scheduled, the magistrate may issue a warrant for the arrest of 34 the participant for a violation of the terms of bond, pretrial 35 -11- LSB 1680SV (2) 87 ns/nh 11/ 20

S.F. 444 release, sentence, probation, or parole, as applicable. 1 2. The magistrate may notify the department of 2 transportation of the participant’s noncompliance and direct 3 the department to withdraw any temporary restricted license 4 issued to the participant. 5 Sec. 12. NEW SECTION . 901D.10 Report and repeal. 6 1. The department, in consultation with the judicial branch 7 and the department of transportation, shall by December 1, 8 2021, submit a report to the general assembly detailing the 9 effectiveness of the program established pursuant to this 10 chapter and shall make recommendations concerning the continued 11 implementation of the program or the elimination of the 12 program. 13 2. This chapter is repealed July 1, 2022. 14 DIVISION III 15 OPERATING WHILE INTOXICATED —— SOBRIETY AND DRUG MONITORING 16 PROGRAM PROVISIONS 17 Sec. 13. Section 321J.20, subsection 1, paragraph a, 18 unnumbered paragraph 1, Code 2017, is amended to read as 19 follows: 20 The department may, on application, issue a temporary 21 restricted license to a person whose noncommercial driver’s 22 license is revoked under this chapter allowing the person to 23 drive to and from the person’s home and specified places at 24 specified times which can be verified by the department and 25 which are required by the person’s full-time or part-time 26 employment, continuing health care or the continuing health 27 care of another who is dependent upon the person, continuing 28 education while enrolled in an educational institution on a 29 part-time or full-time basis and while pursuing a course of 30 study leading to a diploma, degree, or other certification of 31 successful educational completion, substance abuse treatment, 32 court-ordered community service responsibilities, and 33 appointments with the person’s parole or probation officer , 34 and participation in a program established pursuant to chapter 35 -12- LSB 1680SV (2) 87 ns/nh 12/ 20

S.F. 444 901D, if the person’s driver’s license has not been revoked 1 previously under section 321J.4 , 321J.9 , or 321J.12 and if any 2 of the following apply: 3 Sec. 14. Section 321J.20, subsection 2, paragraph a, Code 4 2017, is amended to read as follows: 5 a. Notwithstanding section 321.560 , the department may, 6 on application, and upon the expiration of the minimum period 7 of ineligibility for a temporary restricted license provided 8 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 9 temporary restricted license to a person whose noncommercial 10 driver’s license has either been revoked under this chapter , or 11 revoked or suspended under chapter 321 solely for violations 12 of this chapter , or who has been determined to be a habitual 13 offender under chapter 321 based solely on violations of 14 this chapter or on violations listed in section 321.560, 15 subsection 1 , paragraph “b” , and who is not eligible for a 16 temporary restricted license under subsection 1 . However, 17 the department may not issue a temporary restricted license 18 under this subsection for a violation of section 321J.2A or 19 to a person under the age of twenty-one whose license is 20 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 21 restricted license issued under this subsection may allow the 22 person to drive to and from the person’s home and specified 23 places at specified times which can be verified by the 24 department and which are required by the person’s full-time or 25 part-time employment; continuing education while enrolled in an 26 educational institution on a part-time or full-time basis and 27 while pursuing a course of study leading to a diploma, degree, 28 or other certification of successful educational completion; 29 or substance abuse treatment ; or participation in a program 30 established pursuant to chapter 901D . 31 Sec. 15. Section 321J.20, subsection 3, Code 2017, is 32 amended to read as follows: 33 3. If a person required to install an ignition interlock 34 device or participate in a program established pursuant to 35 -13- LSB 1680SV (2) 87 ns/nh 13/ 20

S.F. 444 chapter 901D operates a motor vehicle which does not have an 1 approved ignition interlock device or while not in compliance 2 with the program, or if the person tampers with or circumvents 3 an ignition interlock device, in addition to other penalties 4 provided, the person’s temporary restricted license shall be 5 revoked. 6 Sec. 16. Section 321J.20, Code 2017, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 10. Notwithstanding any other provision of 9 law to the contrary, in any circumstance in which this chapter 10 requires the installation of an ignition interlock device in 11 all vehicles owned or operated by a person as a condition of 12 the person’s license or privilege to operate noncommercial 13 motor vehicles, the department shall require the person to be 14 a participant in and in compliance with a sobriety and drug 15 monitoring program established pursuant to chapter 901D if the 16 person’s offense under this chapter qualifies as an eligible 17 offense as defined in section 901D.2, and the person’s offense 18 occurred in a participating jurisdiction, as defined in section 19 901D.2. This subsection shall not apply if the court enters 20 an order finding the person is not required to participate 21 in a sobriety and drug monitoring program. The department, 22 in consultation with the department of public safety, may 23 adopt rules for issuing and accepting a certification of 24 participation in and compliance with a program established 25 pursuant to chapter 901D. This subsection shall be construed 26 and implemented to comply with 23 U.S.C. §164(a), as amended by 27 the federal Fixing America’s Surface Transportation Act, Pub. 28 L. No. 114-94, §1414, and shall not apply if such application 29 results in a finding of noncompliance with 23 U.S.C. §164 that 30 results or will result in a reservation or transfer of funds 31 pursuant to 23 U.S.C. §164(b). This subsection shall not 32 authorize the operation of a motor vehicle for any purpose not 33 otherwise authorized by this chapter. 34 Sec. 17. FUTURE REPEAL. This division of this Act is 35 -14- LSB 1680SV (2) 87 ns/nh 14/ 20

S.F. 444 repealed July 1, 2022. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 DIVISION I —— HOMICIDE BY VEHICLE —— USE OF ELECTRONIC 5 COMMUNICATION DEVICES WHILE DRIVING. Current law provides 6 that a person commits a class “C” felony when the person 7 unintentionally causes the death of another person by driving 8 a motor vehicle in a reckless manner with willful or wanton 9 disregard for the safety of persons or property. A class “C” 10 felony is punishable by imprisonment for not more than 10 years 11 and a fine of at least $1,000 but not more than $10,000. 12 This bill provides that for the purposes of that provision, 13 a person’s hand-held use of an electronic communication 14 device while driving a vehicle shall be considered prima 15 facie evidence that the person was driving the vehicle in a 16 reckless manner with willful or wanton disregard for the safety 17 of persons or property. This provision does not apply to a 18 member of a public safety agency performing official duties 19 and acting in a reasonable manner, a health care professional 20 or emergency medical services provider in the course of an 21 emergency situation acting in a reasonable manner, a person 22 using an electronic communication device in a hands-free 23 or voice-operated mode, or a person using an electronic 24 communication device by pressing a single button to initiate or 25 terminate a voice communication. 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, but does not include global 30 positioning systems, navigation systems, or devices integrated 31 into the vehicle. An electronic message is a self-contained 32 piece of digital communication designed or intended to be 33 transmitted between electronic communication devices, and 34 includes video calls, electronic mail, text messages, instant 35 -15- LSB 1680SV (2) 87 ns/nh 15/ 20

S.F. 444 messages, and commands or requests to access an internet site. 1 DIVISION II —— STATEWIDE SOBRIETY AND DRUG MONITORING 2 PROGRAM. The bill directs the department of public safety 3 (DPS) to establish a statewide sobriety and drug monitoring 4 program that is available 24 hours per day, seven days per 5 week. Under the program, a court or governmental entity, as 6 a condition of bond, pretrial release, sentence, probation, 7 parole, or a temporary restricted license, may require a person 8 who has been charged with, pled guilty to, or been convicted 9 of an eligible offense to abstain from alcohol and controlled 10 substances for a period of time. The bill provides that an 11 eligible offense is a criminal offense in which the abuse of 12 alcohol or a controlled substance was a contributing factor 13 in the commission of the offense as determined by the court 14 or governmental entity of the participating jurisdiction. 15 For the purposes of operating while intoxicated offenses, an 16 eligible offense includes a first offense in which the person’s 17 alcohol concentration exceeded .15, a first offense in which 18 an accident resulting in personal injury or property damage 19 occurred, a first offense in which the person refused to submit 20 to a chemical test, and a second or subsequent offense. 21 The program requires a person to be subject to testing to 22 determine whether alcohol or a controlled substance is present 23 in the person’s body at least twice per day at a central 24 location where an immediate sanction can be applied. Where 25 such testing creates a documented hardship or is geographically 26 impractical, an alternative method approved by DPS may be used. 27 Hardship or geographic impracticality is determined by 28 documentation and consideration of whether a testing device is 29 available, whether the participant is capable of paying the 30 fees and costs associated with the testing device, whether 31 the participant is capable of wearing the testing device, and 32 whether the participant fails to qualify for testing twice 33 per day because the participant lives in a rural area, the 34 participant’s employment requires the participant’s presence at 35 -16- LSB 1680SV (2) 87 ns/nh 16/ 20

S.F. 444 a location remote from the testing location, or the participant 1 has repeatedly violated the requirements of the program. 2 The bill prohibits a person who has been required to 3 participate in the program and whose driver’s license is 4 suspended or revoked from participating in the program until 5 the person is eligible for a temporary restricted license. A 6 person must install an ignition interlock device on all motor 7 vehicles owned or operated by the person to participate in 8 the program. A person who has been charged with, pled guilty 9 to, or been convicted of an eligible offense who has not 10 been required to participate in the program may apply to the 11 participating jurisdiction in order to participate. 12 If a jurisdiction applies to and is approved by DPS to 13 participate in the program, the bill requires DPS to assist the 14 jurisdiction in setting up and administering the program. The 15 participating jurisdiction must establish testing locations and 16 may designate a third party to provide testing services. 17 Any efforts by DPS to alter or modify the core components 18 of the program are required to include a documented strategy 19 for achieving and measuring the effectiveness of the planned 20 alteration or modification. Before the core components of the 21 program can be altered or modified, a pilot program must be 22 initiated and monitored. 23 The bill requires DPS to adopt rules providing for the nature 24 and manner of testing; establishing reasonable fees; providing 25 for the application, acceptance, and use of public and private 26 grants, gifts, and donations; establishing a process for 27 the identification and management of indigent participants; 28 providing for the creation and administration of a stakeholder 29 group to review and recommend changes to the program; and 30 establishing a process for the submission and approval of 31 applications from jurisdictions. The bill further requires the 32 amount of the fees to be set at an amount such that the fees 33 collected in a participating jurisdiction are sufficient to pay 34 for the costs of the program in the participating jurisdiction, 35 -17- LSB 1680SV (2) 87 ns/nh 17/ 20

S.F. 444 including all costs to the state. 1 In addition, the bill requires DPS to provide for and approve 2 the use of a program data management system to be used by DPS 3 and all participating jurisdictions to manage testing, test 4 events, test results, data access, fees, the collection of fee 5 payments, and the submission and collection of any required 6 reports. The bill provides for certain required features of 7 the data management system. 8 A court may condition any bond or pretrial release otherwise 9 authorized by law for a person charged with an eligible offense 10 upon participation in the program and payment of the required 11 fees. A court may also condition a suspended sentence or 12 probation otherwise authorized by law for a person convicted 13 of an eligible offense upon participation in the program 14 and payment of the required fees. Likewise, the board of 15 parole, the department of corrections, or a parole officer 16 may condition parole otherwise authorized by law for a person 17 convicted of an eligible offense upon participation in the 18 program and payment of the required fees. 19 The bill requires an order or directive placing a 20 participant in the program to include the type of testing 21 required to be administered and the length of time that the 22 participant is required to remain in the program. At the 23 time of enrollment, a representative of the law enforcement 24 agency of a participating jurisdiction must enter the 25 participant’s information into the data management system. The 26 representative of the agency must provide the participant with 27 the appropriate materials required by the program, inform the 28 participant that the participant’s information may be shared 29 for law enforcement and reporting purposes, and provide the 30 participant with information related to the required testing, 31 procedures, and fees. 32 The bill provides that the law enforcement agency of a 33 participating jurisdiction must establish and maintain a 34 sobriety program account, and collect the required fees. The 35 -18- LSB 1680SV (2) 87 ns/nh 18/ 20

S.F. 444 law enforcement agency must distribute a portion of the fees to 1 any participating third-party designee in accordance with the 2 agreement between the agency and the third-party designee, and 3 the remainder of the fees collected must be deposited in the 4 participating jurisdiction’s sobriety program account and must 5 be used only for the purposes of administering and operating 6 the program. 7 The bill requires allegations that a participant failed 8 a test, refused to submit to a test, or failed to appear 9 for testing to be communicated ex parte by the participating 10 jurisdiction, a law enforcement agency of the participating 11 jurisdiction, or the participating jurisdiction’s third-party 12 designee to a magistrate as soon as practicable. A magistrate 13 who receives such a communication may order the participant’s 14 immediate incarceration pending a hearing on the allegation 15 but lasting no longer than 24 hours after the issuance of the 16 order, or if the participant failed to appear for testing as 17 scheduled, the magistrate may issue a warrant for the arrest of 18 the participant for a violation of the terms of bond, pretrial 19 release, sentence, probation, or parole. 20 Upon the failure of a participant to submit to or pass a 21 test under the program, the court may notify the department 22 of transportation (DOT) of the participant’s noncompliance 23 and direct the DOT to withdraw the participant’s temporary 24 restricted license. 25 The bill requires DPS to submit a report to the general 26 assembly detailing the effectiveness of the program and making 27 recommendations by December 1, 2021. The sobriety and drug 28 monitoring program is repealed July 1, 2022. 29 DIVISION III —— OPERATING WHILE INTOXICATED —— SOBRIETY AND 30 DRUG MONITORING PROGRAM PROVISIONS. The bill provides that a 31 temporary restricted license issued under Code chapter 321J 32 (operating while intoxicated) is valid for travel related to 33 participation in a sobriety and drug monitoring program. In 34 addition, the bill requires the DOT to revoke the temporary 35 -19- LSB 1680SV (2) 87 ns/nh 19/ 20