S.F. 2381 Section 1. Section 321J.20, subsection 3, unnumbered 1 paragraph 1, Code 2020, is amended to read as follows: 2 In addition to other penalties provided by law, a person’s 3 temporary restricted license shall be revoked if the person is 4 required to install an ignition interlock device or participate 5 in a program established pursuant to chapter 901D and the 6 person does any of the following: 7 Sec. 2. Section 321J.20, subsection 3, paragraph b, Code 8 2020, is amended by striking the paragraph. 9 Sec. 3. Section 321J.20, subsection 9, Code 2020, is amended 10 by striking the subsection. 11 Sec. 4. Section 901D.3, subsection 1, unnumbered paragraph 12 1, Code 2020, is amended to read as follows: 13 The department of public safety shall establish a 14 statewide sobriety and drug monitoring program to be used 15 by participating jurisdictions, which shall be available 16 twenty-four hours per day, seven days per week. Pursuant to 17 the provisions of this chapter , a court or governmental entity, 18 or an authorized officer thereof, within a participating 19 jurisdiction may, as a condition of bond, pretrial release, 20 sentence, probation, or parole, or a temporary restricted 21 license, do all of the following: 22 Sec. 5. Section 901D.3, subsection 2, Code 2020, is amended 23 to read as follows: 24 2. a. A person who has been required to participate in the 25 program by a court or governmental entity and whose driver’s 26 license is suspended or revoked shall not begin participation 27 in the program or be subject to the testing required by the 28 program until the person is eligible for a temporary restricted 29 license under applicable law. 30 b. In order to participate in the program, a person shall be 31 required to install an approved ignition interlock device on 32 all motor vehicles owned or operated by the person. 33 c. A person wishing to participate in the program who has 34 been charged with, pled guilty to, or been convicted of an 35 -1- LSB 5765SV (2) 88 hf/ns 1/ 5

S.F. 2381 eligible offense, but has not been required by a court or 1 governmental entity to participate in the program, may apply 2 to the court or governmental entity of the participating 3 jurisdiction on a form created by the participating 4 jurisdiction, and the court or governmental entity may order 5 the person to participate in the program as a condition 6 of bond, pretrial release, sentence, probation, or parole , 7 or a temporary restricted license . The application form 8 shall include an itemization of all costs associated with 9 participation in the program. 10 Sec. 6. Section 901D.5, subsection 3, Code 2020, is amended 11 to read as follows: 12 3. Unless otherwise required by federal law, all alcohol 13 or controlled substance testing performed as a condition of 14 bond, pretrial release, sentence, probation, or parole , or a 15 temporary restricted license shall utilize and input results 16 to the data management system. 17 Sec. 7. Section 901D.7, subsections 1 and 2, Code 2020, are 18 amended to read as follows: 19 1. Subject to sections 901D.3 and 901D.6 , a participant 20 may be placed in the program as a condition of bond, pretrial 21 release, sentence, probation, or parole , or a temporary 22 restricted license . However, a person who has been required 23 to participate in the program by a court or governmental entity 24 and whose driver’s license is suspended or revoked shall not 25 begin participation in the program or be subject to the testing 26 required by the program until the person is eligible for a 27 temporary restricted license under applicable law. 28 2. a. An order or directive placing a participant in the 29 program shall include the all of the following: 30 (1) The type of testing required to be administered in the 31 program and the in accordance with section 901D.3, subsection 32 1, paragraph “b” . 33 (2) The length of time that the participant is required to 34 remain in the program , which shall be for no less than ninety 35 -2- LSB 5765SV (2) 88 hf/ns 2/ 5

S.F. 2381 days. The order or directive shall additionally require 1 (3) A requirement that the participant not have failed 2 a test result or have missed a required testing during 3 the thirty-day period immediately preceding the end of 4 participation in the program. 5 (4) A requirement that the participant submit to the law 6 enforcement agency of the participating jurisdiction proof 7 that the participant has installed an approved ignition 8 interlock device on all motor vehicles owned or operated by the 9 participant prior to the end of participation in the program, 10 unless the court enters an order pursuant to paragraph “c” 11 finding the participant is not required to provide proof of 12 installation of an approved ignition interlock device as a 13 condition of the participant’s completion of the program. 14 b. The person issuing the order or directive shall send a 15 copy of the order or directive to the law enforcement agency of 16 the participating jurisdiction. 17 c. (1) A court shall only enter an order finding the 18 participant is not required to provide proof of installation 19 of an approved ignition interlock device on all motor vehicles 20 owned or operated by the participant if any of the following 21 apply: 22 (a) The participant will be ineligible for a temporary 23 restricted license at the time the participant completes the 24 program. 25 (b) The participant will not own a motor vehicle or have a 26 motor vehicle registered in the participant’s name at the time 27 the participant completes the program, and the participant has 28 submitted an affidavit stating such. 29 (2) If the court enters an order finding the participant is 30 not required to install an approved ignition interlock device 31 under this paragraph, the court shall specifically state in the 32 order the reasons for not imposing the requirement. 33 Sec. 8. Section 901D.9, subsection 2, Code 2020, is amended 34 by striking the subsection. 35 -3- LSB 5765SV (2) 88 hf/ns 3/ 5

S.F. 2381 Sec. 9. Section 901D.10, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. The department, in consultation with the judicial branch 3 and the department of transportation , shall by December 1, 4 2023, submit a report to the general assembly detailing the 5 effectiveness of the program established pursuant to this 6 chapter and shall make recommendations concerning the continued 7 implementation of the program or the elimination of the 8 program. 9 Sec. 10. REPEAL. 2017 Iowa Acts, chapter 76, section 17, as 10 amended by 2019 Iowa Acts, chapter 66, section 4, is repealed. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill strikes provisions authorizing a court or 15 governmental entity to order a person to participate in the 16 sobriety and drug monitoring program (program) as a condition 17 of a temporary restricted driver’s license. The bill also 18 eliminates the requirement that a person who has been ordered 19 to participate in the program by a court or governmental 20 entity, and whose driver’s license is suspended or revoked, be 21 eligible for a temporary restricted license before beginning 22 participation in the program or being subject to testing 23 required by the program. 24 The bill strikes the requirement that the department of 25 transportation (DOT) must require a person to participate in 26 the program if the person is required to install an ignition 27 interlock device under Code chapter 321J. The bill also 28 eliminates the requirement that a person must install an 29 approved ignition interlock device on all motor vehicles owned 30 or operated by the person in order to participate in the 31 program. However, the bill does not amend or eliminate any 32 separate requirement to install an approved ignition interlock 33 device that may exist based on the person’s underlying offense. 34 The bill instead requires an order or directive placing a 35 -4- LSB 5765SV (2) 88 hf/ns 4/ 5

S.F. 2381 participant in the program to require the participant to submit 1 to the law enforcement agency of the participating jurisdiction 2 proof that the participant has installed an approved ignition 3 interlock device on all motor vehicles owned or operated by the 4 participant prior to the end of participation in the program. 5 However, the bill provides an exception to the ignition 6 interlock device requirement if the participant, at the time 7 the participant completes the program, will be ineligible for a 8 temporary restricted license or will not own a motor vehicle or 9 have a motor vehicle registered in the participant’s name. 10 The bill eliminates the DOT from reporting requirements 11 under Code chapter 901D. The bill repeals a future repeal 12 provision relating to references to the program in Code chapter 13 321J that are stricken by the bill. The bill does not amend or 14 repeal the future repeal date for the program in Code section 15 901D.10. 16 -5- LSB 5765SV (2) 88 hf/ns 5/ 5