House File 585 - Introduced HOUSE FILE 585 BY THORUP A BILL FOR An Act relating to the Iowa sobriety and drug monitoring 1 program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1965YH (1) 88 as/rh
H.F. 585 Section 1. Section 321J.20, subsection 9, Code 2019, is 1 amended to read as follows: 2 9. Notwithstanding any other provision of law to the 3 contrary, in any circumstance in which this chapter requires 4 the installation of an ignition interlock device in all 5 vehicles owned or operated by a person as a condition of 6 the person’s license or privilege to operate noncommercial 7 motor vehicles, the department shall require the person to 8 be a participant in and in compliance with a sobriety and 9 drug monitoring program established pursuant to chapter 901D , 10 for not less than ninety days, if the person’s offense under 11 this chapter qualifies as an eligible offense as defined 12 in section 901D.2 , and the person’s offense occurred in a 13 participating jurisdiction, as defined in section 901D.2 . A 14 person required to participate in and comply with a sobriety 15 and drug monitoring program must not have failed a test result 16 or have missed a required testing during the thirty-day period 17 immediately preceding the end of the person’s participation in 18 the program. The department of public safety shall notify the 19 department when the person has completed participation in the 20 sobriety and drug monitoring program. This subsection shall 21 not apply if the court enters an order finding the person is 22 not required to participate in a sobriety and drug monitoring 23 program. 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 -1- LSB 1965YH (1) 88 as/rh 1/ 3
H.F. 585 Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended 1 to read as follows: 2 2. An order or directive placing a participant in the 3 program shall include the type of testing required to be 4 administered in the program and the length of time that the 5 participant is required to remain in the program which shall 6 be for no less than ninety days . The order or directive 7 shall additionally require that the participant not have 8 failed a test result or have missed a required testing during 9 the thirty-day period immediately preceding the end of 10 participation in the program. The person issuing the order or 11 directive shall send a copy of the order or directive to the 12 law enforcement agency of the participating jurisdiction. 13 Sec. 3. Section 901D.10, Code 2019, is amended to read as 14 follows: 15 901D.10 Report and repeal. 16 1. The department, in consultation with the judicial branch 17 and the department of transportation, shall by December 1, 18 2021 2023 , submit a report to the general assembly detailing 19 the effectiveness of the program established pursuant to 20 this chapter and shall make recommendations concerning the 21 continued implementation of the program or the elimination of 22 the program. 23 2. This chapter is repealed July 1, 2022 2024 . 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the Iowa sobriety and drug monitoring 28 program. 29 The bill provides that an order or directive requiring a 30 person to participate in the sobriety and drug monitoring 31 program (Code chapter 901D) shall be for no less than 90 days 32 and requires a participant to have not failed a test result or 33 missed a required testing during the 30-day period immediately 34 preceding the end of participation in the program. 35 -2- LSB 1965YH (1) 88 as/rh 2/ 3
H.F. 585 The bill requires the department of public safety to notify 1 the department of transportation when a participant has 2 completed participation in the sobriety and drug monitoring 3 program. 4 The bill requires the department of public safety to submit 5 a report to the general assembly by December 1, 2023, detailing 6 the effectiveness of the program and to make recommendations 7 concerning the continued implementation of the program or the 8 elimination of the program. 9 The bill repeals Code chapter 901D on July 1, 2024. 10 -3- LSB 1965YH (1) 88 as/rh 3/ 3