H.F. 714 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2019, is amended to read as follows: 2 d. Revocation of the person’s driver’s license for a minimum 3 period of one hundred eighty days up to a maximum revocation 4 period of one year, pursuant to section 321J.4, subsection 5 1 , section 321J.9 , or section 321J.12 . The department shall 6 require the defendant to install an ignition interlock device 7 of a type approved by the commissioner of public safety on all 8 vehicles owned or operated by the defendant if the defendant 9 seeks a temporary restricted license. 10 Sec. 2. Section 321J.4, subsections 1 and 3, Code 2019, are 11 amended to read as follows: 12 1. If a defendant is convicted of a violation of section 13 321J.2 and the defendant’s driver’s license or nonresident 14 operating privilege has not been revoked under section 321J.9 15 or 321J.12 for the occurrence from which the arrest arose, the 16 department shall revoke the defendant’s driver’s license or 17 nonresident operating privilege for one hundred eighty days 18 if the defendant submitted to chemical testing and has had 19 no previous conviction or revocation under this chapter and 20 shall revoke the defendant’s driver’s license or nonresident 21 operating privilege for one year if the defendant refused to 22 submit to chemical testing and has had no previous conviction 23 or revocation under this chapter . The department shall require 24 the defendant to install an ignition interlock device of a type 25 approved by the commissioner of public safety on all vehicles 26 owned or operated by the defendant if the defendant seeks a 27 temporary restricted license. 28 3. If the court defers judgment pursuant to section 907.3 29 for a violation of section 321J.2 , and if the defendant’s 30 driver’s license or nonresident operating privilege has not 31 been revoked under section 321J.9 or 321J.12 , or has not 32 otherwise been revoked for the occurrence from which the arrest 33 arose, the department shall revoke the defendant’s driver’s 34 license or nonresident operating privilege for a period of 35 -1- LSB 1467HV (1) 88 ns/rh 1/ 4

H.F. 714 not less than thirty days nor more than ninety days. The 1 department shall require the defendant to install an ignition 2 interlock device of a type approved by the commissioner 3 of public safety on all vehicles owned or operated by the 4 defendant if the defendant seeks a temporary restricted 5 license. 6 Sec. 3. Section 321J.4, subsection 8, paragraphs a and d, 7 Code 2019, are amended to read as follows: 8 a. On a conviction for or as a condition of a deferred 9 judgment for a violation of section 321J.2 , the court may 10 order the defendant to install ignition interlock devices 11 of a type approved by the commissioner of public safety on 12 all motor vehicles owned or operated by the defendant which, 13 without tampering or the intervention of another person, would 14 prevent the defendant from operating the motor vehicle with an 15 alcohol concentration greater than a level set by rule of the 16 commissioner of public safety. However, if the defendant has 17 had no previous conviction or revocation under this chapter, 18 the court’s order shall require the defendant to install 19 approved ignition interlock devices only on all motor vehicles 20 operated by the defendant. 21 d. If the defendant’s driver’s license or nonresident 22 operating privilege has been revoked, the department shall not 23 issue a temporary permit or a driver’s license to the person 24 without certification that approved ignition interlock devices 25 have been installed in on all motor vehicles owned or operated 26 by the defendant while the order is in effect. However, if the 27 defendant has had no previous conviction or revocation under 28 this chapter, the department shall require certification that 29 approved ignition interlock devices have been installed only on 30 all motor vehicles operated by the defendant. 31 Sec. 4. Section 321J.9, subsection 2, Code 2019, is amended 32 to read as follows: 33 2. The department shall require the defendant to install 34 an ignition interlock device of a type approved by the 35 -2- LSB 1467HV (1) 88 ns/rh 2/ 4

H.F. 714 commissioner of public safety on all vehicles owned or 1 operated by the defendant if the defendant seeks a temporary 2 restricted license. However, if the defendant has had no 3 previous conviction or revocation under this chapter, the 4 department shall only require the defendant to install an 5 approved ignition interlock device on all vehicles operated by 6 the defendant if the defendant seeks a temporary restricted 7 license. A temporary restricted license shall not be granted 8 by the department until the defendant installs the ignition 9 interlock device. 10 Sec. 5. Section 321J.12, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. The department shall require the defendant to install 13 an ignition interlock device of a type approved by the 14 commissioner of public safety on all vehicles owned or operated 15 by the defendant if the defendant seeks a temporary license. 16 However, if the defendant has had no previous conviction or 17 revocation under this chapter, the department shall only 18 require the defendant to install an approved ignition interlock 19 device on all vehicles operated by the defendant if the 20 defendant seeks a temporary restricted license. A temporary 21 restricted license shall not be granted by the department until 22 the defendant installs the ignition interlock device. 23 Sec. 6. Section 321J.20, subsection 2, Code 2019, is amended 24 to read as follows: 25 2. A temporary restricted license issued under this section 26 shall not be issued until the applicant installs an approved 27 ignition interlock device on all motor vehicles owned or 28 operated by the applicant. However, if the applicant has 29 had no previous conviction or revocation under this chapter, 30 a temporary restricted license issued under this section 31 shall not be issued until the applicant installs an approved 32 ignition interlock device on all motor vehicles operated by 33 the applicant. Installation of an ignition interlock device 34 under this section shall be required for the period of time 35 -3- LSB 1467HV (1) 88 ns/rh 3/ 4

H.F. 714 for which the temporary restricted license is issued, and for 1 such additional period of time following reinstatement as 2 is required under section 321J.17, subsection 3 . However, 3 a person whose driver’s license or nonresident operating 4 privilege has been revoked under section 321J.21 may apply to 5 the department for a temporary restricted license without the 6 requirement of an ignition interlock device if at least twelve 7 years have elapsed since the end of the underlying revocation 8 period for a violation of section 321J.2 . 9 Sec. 7. Section 901D.3, subsection 2, paragraph b, Code 10 2019, is amended to read as follows: 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. However, 14 if the person has had no previous conviction or revocation 15 under chapter 321J, the person shall only be required to 16 install an approved ignition interlock device on all motor 17 vehicles operated by the person. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Under current law, if a person seeks a temporary restricted 22 license following an operating-while-intoxicated (OWI) 23 offense, the person is required to install an approved ignition 24 interlock device on all motor vehicles owned or operated by 25 the person. This bill requires a person seeking a temporary 26 restricted license following a first OWI offense to install an 27 approved ignition interlock device only on all motor vehicles 28 operated by the person. The bill makes corresponding changes 29 to Code chapters 321J (operating while intoxicated) and 901D 30 (sobriety and drug monitoring program). 31 -4- LSB 1467HV (1) 88 ns/rh 4/ 4