H.F. 2393 Section 1. Section 321.12, subsection 4, Code 2022, is 1 amended to read as follows: 2 4. The director department shall not destroy any operating 3 records of a person still living pertaining to arrests or 4 convictions for operating while intoxicated , in violation of 5 section 321J.2 , or reckless driving in violation of section 6 321.277 and public intoxication in violation of section 123.46, 7 subsection 2, following an arrest for a violation of section 8 321J.2, or operating records pertaining to revocations for 9 violations of section 321J.2A , except that a conviction or 10 revocation under section 321J.2 or 321J.2A that is not subject 11 to 49 C.F.R. pt. 383 shall be deleted from the operating 12 records twelve years after the date of conviction or the 13 effective date of revocation. Convictions or revocations that 14 are retained in the operating records for more than twelve 15 years under this subsection shall be considered only for 16 purposes of disqualification actions under 49 C.F.R. pt. 383 . 17 Sec. 2. Section 321.101, Code 2022, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 1A. When a vehicle is registered to 20 an owner subject to ignition interlock device requirements 21 pursuant to section 321J.20, the department shall suspend the 22 registration of the vehicle until the department receives 23 reasonable proof that the person has complied with section 24 321J.20. However, the department shall not suspend the 25 registration, or shall reinstate a registration suspended under 26 this subsection, if a family member of an owner who is subject 27 to ignition interlock device requirements submits an affidavit 28 to the department declaring that the family member regularly 29 operated the motor vehicle registered to the owner prior to 30 the owner’s revocation under chapter 321J and affirming the 31 family member will not knowingly allow the owner to operate the 32 motor vehicle. A person who submits such an affidavit and who 33 knowingly allows the owner to operate the vehicle or provides 34 access to and use of the vehicle to the owner while the owner 35 -1- LSB 5816YH (5) 89 th/ns 1/ 17

H.F. 2393 is subject to ignition interlock device requirements and the 1 vehicle does not have an ignition interlock device installed is 2 guilty of a simple misdemeanor. 3 Sec. 3. Section 321J.2, subsection 3, paragraph d, Code 4 2022, is amended to read as follows: 5 d. Revocation of the person’s driver’s license for a minimum 6 period of one hundred eighty days up to a maximum revocation 7 period of one year, pursuant to section 321J.4, subsection 8 1 , section 321J.9 , or section 321J.12 . The department shall 9 require the defendant to install an ignition interlock device 10 of a type approved by the commissioner of public safety on all 11 vehicles operated by the defendant if the defendant seeks a 12 temporary restricted license. 13 Sec. 4. Section 321J.2, subsection 8, paragraph a, Code 14 2022, is amended to read as follows: 15 a. Any conviction or revocation deleted from motor vehicle 16 operating records pursuant to section 321.12 under this 17 section, or any conviction for reckless driving in violation of 18 section 321.277 and public intoxication in violation of section 19 123.46, subsection 2, following an arrest for a violation of 20 this section shall not be considered as a previous offense. 21 Sec. 5. Section 321J.4, subsections 1, 2, 3, and 4, Code 22 2022, are amended to read as follows: 23 1. If a defendant is convicted of a violation of section 24 321J.2 and the defendant’s driver’s license or nonresident 25 operating privilege has not been revoked under section 321J.9 26 or 321J.12 for the occurrence from which the arrest arose, the 27 department shall revoke the defendant’s driver’s license or 28 nonresident operating privilege for one hundred eighty days 29 if the defendant submitted to chemical testing and has had 30 no previous conviction or revocation under this chapter and 31 shall revoke the defendant’s driver’s license or nonresident 32 operating privilege for one year if the defendant refused to 33 submit to chemical testing and has had no previous conviction 34 or revocation under this chapter . The department shall require 35 -2- LSB 5816YH (5) 89 th/ns 2/ 17

H.F. 2393 the defendant to install an ignition interlock device of a type 1 approved by the commissioner of public safety on all vehicles 2 operated by the defendant if the defendant seeks a temporary 3 restricted license. 4 2. If a defendant is convicted of a violation of section 5 321J.2 , and the defendant’s driver’s license or nonresident 6 operating privilege has not already been revoked under section 7 321J.9 or 321J.12 for the occurrence from which the arrest 8 arose, the department shall revoke the defendant’s driver’s 9 license or nonresident operating privilege for one year if the 10 defendant submitted to chemical testing and has had a previous 11 conviction or revocation under this chapter and shall revoke 12 the defendant’s driver’s license or nonresident operating 13 privilege for two years if the defendant refused to submit 14 to chemical testing and has had a previous revocation under 15 this chapter . The department shall require the defendant to 16 install an ignition interlock device of a type approved by the 17 commissioner of public safety on all vehicles owned or operated 18 by the defendant if the defendant seeks a temporary restricted 19 license. A temporary restricted license shall not be granted 20 by the department until the defendant installs the ignition 21 interlock device. 22 3. If the court defers judgment pursuant to section 907.3 23 for a violation of section 321J.2 , and if the defendant’s 24 driver’s license or nonresident operating privilege has not 25 been revoked under section 321J.9 or 321J.12 , or has not 26 otherwise been revoked for the occurrence from which the arrest 27 arose, the department shall revoke the defendant’s driver’s 28 license or nonresident operating privilege for a period of 29 not less than thirty days nor more than ninety days. The 30 department shall require the defendant to install an ignition 31 interlock device of a type approved by the commissioner of 32 public safety on all vehicles operated by the defendant if the 33 defendant seeks a temporary restricted license. 34 4. Upon a plea or verdict of guilty of a third or subsequent 35 -3- LSB 5816YH (5) 89 th/ns 3/ 17

H.F. 2393 violation of section 321J.2 , the department shall revoke the 1 defendant’s driver’s license or nonresident operating privilege 2 for a period of six years. The department shall require the 3 defendant to install an ignition interlock device of a type 4 approved by the commissioner of public safety on all vehicles 5 owned or operated by the defendant if the defendant seeks a 6 temporary restricted license. A temporary restricted license 7 shall not be granted by the department until the defendant 8 installs the ignition interlock device. 9 Sec. 6. Section 321J.4, Code 2022, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4A. For revocations under subsection 1, 2, 12 3, or 4, the department shall require the defendant to install 13 an ignition interlock device pursuant to section 321J.20 if the 14 defendant seeks a temporary restricted license. The department 15 shall not grant a temporary restricted license until the 16 defendant installs the ignition interlock device pursuant to 17 section 321J.20. 18 Sec. 7. Section 321J.4, subsection 8, paragraphs a, b, c, 19 and d, Code 2022, are amended to read as follows: 20 a. On a conviction for or as a condition of a deferred 21 judgment for a violation of section 321J.2 , the court may 22 order the defendant to install ignition interlock devices 23 of a type approved by the commissioner of public safety on 24 all motor vehicles owned or operated by the defendant which, 25 without tampering or the intervention of another person, would 26 prevent the defendant from operating the motor vehicle with 27 an alcohol concentration greater than a level set by rule of 28 the commissioner of public safety pursuant to section 321J.20 . 29 However, if the defendant has had no previous conviction or 30 revocation under this chapter , the court’s order shall require 31 the defendant to install approved ignition interlock devices 32 only on all motor vehicles operated by the defendant. 33 b. The commissioner of public safety shall adopt rules to 34 approve certain ignition interlock devices and the means of 35 -4- LSB 5816YH (5) 89 th/ns 4/ 17

H.F. 2393 installation of the devices, and shall establish the level of 1 alcohol concentration beyond which an ignition interlock device 2 will not allow operation of the motor vehicle in which it is 3 installed. 4 c. b. The order to install ignition interlock devices shall 5 remain in effect for a period of time as determined by the 6 court which shall not exceed the maximum term of imprisonment 7 which the court could have imposed according to the nature of 8 the violation , unless otherwise extended under this chapter . 9 While the order is in effect, the defendant shall not operate 10 a motor vehicle which does not have an approved ignition 11 interlock device installed. 12 d. c. If the defendant’s driver’s license or nonresident 13 operating privilege has been revoked by court order , the 14 department shall not issue a temporary permit restricted 15 license or a driver’s license to the person without 16 certification that approved ignition interlock devices have 17 been installed on all motor vehicles owned or operated by 18 the defendant pursuant to section 321J.20 while the order is 19 in effect. However, if the defendant has had no previous 20 conviction or revocation under this chapter , the department 21 shall require certification that approved ignition interlock 22 devices have been installed only on all motor vehicles operated 23 by the defendant. 24 Sec. 8. Section 321J.17, subsections 1 and 3, Code 2022, are 25 amended to read as follows: 26 1. If the department revokes a person’s driver’s license 27 or nonresident operating privilege under this chapter , the 28 department shall assess the person a civil penalty of two 29 hundred dollars. The money collected by the department under 30 this section shall be transmitted to the treasurer of state 31 who shall deposit one-half of the money in the separate fund 32 established in section 915.94 and one-half of the money in the 33 general fund of the state. A temporary restricted license 34 shall not be issued unless an ignition interlock device has 35 -5- LSB 5816YH (5) 89 th/ns 5/ 17

H.F. 2393 been installed pursuant to section 321J.4 321J.20 . Except as 1 provided in section 321.210B , a temporary restricted license 2 shall not be issued or a driver’s license or nonresident 3 operating privilege reinstated until the civil penalty has been 4 paid. A person assessed a penalty under this section may remit 5 the civil penalty along with a processing fee of five dollars 6 to a county treasurer authorized to issue driver’s licenses 7 under chapter 321M , or the civil penalty may be paid directly 8 to the department. 9 3. The department shall also require certification of 10 installation of an ignition interlock device of a type approved 11 by the commissioner of public safety on all motor vehicles 12 owned or operated pursuant to section 321J.20 by any person 13 seeking reinstatement following a second or subsequent 14 revocation under section 321J.4 , 321J.9 , or 321J.12 . The 15 requirement for the installation of an approved ignition 16 interlock device shall be for one year from the date of 17 reinstatement unless a longer time period is required by 18 statute. The one-year period a person is required to maintain 19 an ignition interlock device under this subsection shall be 20 reduced by any period of time the person held a valid temporary 21 restricted license during the period of the revocation for 22 the occurrence from which the arrest arose. The person shall 23 not operate any motor vehicle which is not equipped with an 24 approved ignition interlock device during the period in which 25 an ignition interlock device must be maintained, and the 26 department shall not grant reinstatement unless the person 27 certifies installation of an ignition interlock device as 28 required in this subsection section 321J.20 . 29 Sec. 9. Section 321J.20, Code 2022, is amended to read as 30 follows: 31 321J.20 Temporary restricted license —— ignition interlock 32 devices. 33 1. Temporary restricted license issuance. 34 a. The department may, on application, issue a temporary 35 -6- LSB 5816YH (5) 89 th/ns 6/ 17

H.F. 2393 restricted license to a person whose noncommercial driver’s 1 license is revoked under this chapter , or revoked or suspended 2 under chapter 321 solely for violations of this chapter, or who 3 has been determined to be a habitual offender under chapter 321 4 based solely on violations of this chapter or on violations 5 listed in section 321.560, subsection 1 , paragraph “b” , 6 allowing the person to operate a motor vehicle in any manner 7 allowed for a person issued a valid class C driver’s license, 8 unless otherwise prohibited by this chapter . This subsection 9 paragraph does not apply to a person whose license was revoked 10 under section 321J.2A , to a person whose license was revoked 11 under section 321J.4, subsection 6 , for the period during which 12 the person is ineligible for a temporary restricted license, or 13 to a person whose license is suspended or revoked for another 14 reason. 15 2. b. A temporary restricted license issued under this 16 section shall not be issued until the applicant installs an 17 approved ignition interlock device on all motor vehicles owned 18 or operated by the applicant. However, if the applicant has 19 had no previous conviction or revocation under this chapter , 20 a temporary restricted license issued under this section 21 shall not be issued until the applicant installs an approved 22 ignition interlock device on all motor vehicles operated by 23 the applicant. Installation of an ignition interlock device 24 under this section shall be required for the period of time 25 for which the temporary restricted license is issued, and for 26 such additional period of time following reinstatement as is 27 required under section 321J.17, subsection 3 , or this section . 28 However, a person whose driver’s license or nonresident 29 operating privilege has been revoked under section 321J.21 may 30 apply to the department for a temporary restricted license 31 without the requirement of an ignition interlock device if at 32 least twelve years have elapsed since the end of the underlying 33 revocation period for a violation of section 321J.2 . 34 3. 2. Temporary restricted license revocations. In addition 35 -7- LSB 5816YH (5) 89 th/ns 7/ 17

H.F. 2393 to other penalties provided by law, a person’s temporary 1 restricted license shall be revoked if the person is required 2 to install an ignition interlock device and the person does any 3 of the following: 4 a. Operates a motor vehicle which does not have an approved 5 ignition interlock device. 6 b. Tampers with or circumvents an ignition interlock device. 7 4. 3. Prohibited motor vehicle operation. 8 a. A person holding a temporary restricted license issued 9 by the department under this section shall not operate a 10 commercial motor vehicle on a highway if a commercial driver’s 11 license or commercial learner’s permit is required for the 12 person’s operation of the commercial motor vehicle. 13 5. b. A person holding a temporary restricted license 14 issued by the department under this chapter shall be prohibited 15 from operating a school bus. 16 6. 4. Department discretion. 17 a. Notwithstanding any provision of this chapter to the 18 contrary, the department may issue a temporary restricted 19 license to a person otherwise eligible for a temporary 20 restricted license under this section , whose period of 21 revocation under this chapter has expired, but who has not met 22 all requirements for reinstatement of the person’s driver’s 23 license or nonresident operating privileges. 24 b. Notwithstanding any provision of this chapter to the 25 contrary, the department may issue a temporary restricted 26 license to a person eligible for a temporary restricted 27 license under this section if the person is also eligible for a 28 temporary restricted license under section 321.215, provided 29 the requirements of this section and section 321.215 are 30 satisfied. 31 5. Installation of ignition interlock devices. The 32 department shall require a person to install an ignition 33 interlock device on all motor vehicles owned or operated 34 by the person if the person seeks a temporary restricted 35 -8- LSB 5816YH (5) 89 th/ns 8/ 17

H.F. 2393 license following a revocation under this chapter, subject 1 to subsections 6 and 7. However, if the person has had no 2 previous conviction or revocation under this chapter, the 3 department shall require the person to install an ignition 4 interlock device only on all motor vehicles operated by the 5 person, subject to subsections 6 and 7. 6 6. Employment duty exception. 7 a. A person with a valid temporary restricted license who 8 is subject to the ignition interlock device requirements under 9 this section may operate the person’s employer’s motor vehicle 10 that is not equipped with an ignition interlock device if all 11 of the following conditions are met: 12 (1) The operation does not exceed two hours in any 13 twenty-four-hour period. 14 (2) Prior to a person operating a motor vehicle within 15 the scope of the person’s employment, the person’s employer 16 completes and submits an affidavit to the department detailing 17 the employment duties that require the person to operate a 18 motor vehicle within the scope of the person’s employment and 19 stating that the employer will ensure that the person does not 20 operate the employer’s motor vehicle for more than two hours 21 during any twenty-four-hour period. 22 b. The person shall not be eligible to operate an employer’s 23 motor vehicle if any of the following apply: 24 (1) The person has more than a twenty percent ownership 25 interest in the employer’s entity or the person’s family 26 member has more than a fifty percent ownership interest in the 27 employer’s entity. 28 (2) The person operates the employer’s motor vehicle to 29 commute to and from the place of employment. 30 (3) The person operates the employer’s motor vehicle to the 31 person’s residence, even if the residence is located along a 32 route on which the person is allowed to operate the employer’s 33 motor vehicle as part of the person’s employment duties. 34 7. Compliance-based removal. 35 -9- LSB 5816YH (5) 89 th/ns 9/ 17

H.F. 2393 a. (1) For a person convicted of a third or subsequent 1 offense for violating section 321J.2, the department shall 2 extend an ignition interlock device requirement by sixty days 3 if six or more of the following occur during the last sixty 4 days of the person’s ignition interlock device requirement 5 period, excluding any sixty-day extensions required under this 6 paragraph: 7 (a) Any attempt to start the vehicle with a breath alcohol 8 concentration of .04 or more unless a subsequent test performed 9 within ten minutes registers a breath alcohol concentration 10 lower than .04 and the digital image confirms the same person 11 provided both samples. 12 (b) Any failure to submit a breath sample as required 13 by the device unless a review of the corresponding digital 14 image confirms that the vehicle was not operated by the person 15 subject to the device requirement at the time of the failure. 16 (c) Any failure to pass a retest with a breath alcohol 17 concentration of .025 or lower unless a subsequent test 18 performed within ten minutes registers a breath alcohol 19 concentration lower than .025, and the corresponding digital 20 image confirms the same person provided both samples. 21 (2) The department shall extend the person’s ignition 22 interlock device requirement period for an additional sixty 23 days if three or more of the actions listed in subparagraph (1) 24 occur during the initial sixty-day extension or a subsequent 25 sixty-day extension. 26 (3) If a person is subject to four or more extensions under 27 this paragraph, the department shall require the person to 28 complete a substance abuse treatment program prior to issuing 29 a driver’s license other than a temporary restricted license 30 to the person. 31 b. A court may impose a compliance-based removal period of 32 thirty or sixty days for a person whose driver’s license was 33 revoked under section 321J.4, subsection 1, and the results of 34 an analysis of a specimen of the person’s blood, breath, or 35 -10- LSB 5816YH (5) 89 th/ns 10/ 17

H.F. 2393 urine withdrawn in accordance with this chapter exceeded an 1 alcohol concentration of .19, or for a person whose license was 2 revoked under section 321J.4, subsection 2. If a court imposes 3 a compliance-based removal period, all of the following apply: 4 (1) If a sixty-day period is ordered, the compliance-based 5 removal period shall be extended by sixty days if six or more 6 actions occur as described in paragraph “a” . 7 (2) If a thirty-day period is ordered, the compliance-based 8 removal period shall be extended by thirty days if three or 9 more actions occur as described in paragraph “a” . 10 (3) If the compliance-based removal period is extended four 11 or more times under this paragraph, the department shall notify 12 the court, and the court may require the person to complete a 13 substance abuse treatment program. 14 c. The department shall verify a person’s successful 15 completion of the compliance-based removal requirements prior 16 to issuing to the person a driver’s license other than a 17 temporary restricted license. 18 d. An approved ignition interlock device manufacturer shall 19 submit to the department a report on a person’s compliance when 20 the required compliance-based removal period ends, no less than 21 seven days after the period ends. 22 e. The department shall adopt rules pursuant to chapter 17A 23 to administer this subsection. The rules shall include all of 24 the following: 25 (1) The method to ensure ignition interlock device 26 manufacturers submit the required report at the end of a 27 person’s required compliance period. 28 (2) The method by which a report must be sent detailing any 29 occurrences. 30 (3) The method by which the department verifies whether 31 to extend the ignition interlock device requirement period or 32 provide a person with a certificate of completion which shall 33 enable the person to remove the ignition interlock device. 34 8. Ignition interlock device specifications. 35 -11- LSB 5816YH (5) 89 th/ns 11/ 17

H.F. 2393 a. An ignition interlock device installed on or after the 1 effective date of this Act must be equipped with a camera 2 that is only capable of taking a still image photograph when 3 a breath specimen is requested by the device, when a breath 4 specimen is provided, and when a failure to provide a breath 5 specimen occurs. 6 b. The commissioner of public safety shall adopt rules to 7 approve certain ignition interlock devices. The rules shall 8 include but are not limited to all of the following: 9 (1) The means of installation of the devices. 10 (2) The camera and photograph requirements. 11 (3) The level of alcohol concentration beyond which an 12 ignition interlock device will not allow operation of the motor 13 vehicle on which it is installed. 14 7. 9. Tampering. A person who tampers with or circumvents 15 an ignition interlock device installed as required in this 16 chapter and while the requirement for the ignition interlock 17 device is in effect commits a serious misdemeanor. 18 8. Notwithstanding any provision of this chapter to the 19 contrary, the department may issue a temporary restricted 20 license to a person eligible for a temporary restricted 21 license under this section if the person is also eligible for a 22 temporary restricted license under section 321.215 , provided 23 the requirements of this section and section 321.215 are 24 satisfied. 25 10. Penalty. A person who has a temporary restricted 26 license and who operates a motor vehicle without an ignition 27 interlock device installed, except as provided in section 28 321J.20, subsection 6, shall be subject to a criminal penalty 29 as follows: 30 a. For a first offense, a serious misdemeanor. 31 b. For a second offense, an aggravated misdemeanor and the 32 ignition interlock device requirement shall be extended by six 33 months. 34 c. For a third offense, an aggravated misdemeanor, 35 -12- LSB 5816YH (5) 89 th/ns 12/ 17

H.F. 2393 imprisonment in the county jail for a minimum of forty-eight 1 hours, and the ignition interlock device requirement shall be 2 extended by one year. 3 Sec. 10. Section 321J.21, Code 2022, is amended to read as 4 follows: 5 321J.21 Driving while license suspended, denied, revoked , or 6 barred . 7 1. A person whose driver’s license or nonresident 8 operating privilege has been suspended, denied, revoked , 9 or barred due to a first violation of this chapter section 10 321J.2, and who drives a motor vehicle while the license or 11 privilege is suspended, denied, revoked, or barred commits a 12 serious misdemeanor. In addition to any other penalties, the 13 punishment imposed for a violation of this subsection shall 14 include assessment of a fine of one thousand dollars. 15 2. In addition to the fine, the department, upon receiving 16 the record of the conviction of a person under this section 17 upon a charge of driving a motor vehicle while the license of 18 the person was suspended, denied, revoked, or barred shall 19 extend the period of suspension, denial, revocation, or bar for 20 an additional like period. 21 2. A person whose driver’s license or nonresident operating 22 privilege has been revoked due to a second violation of section 23 321J.2, and who drives a motor vehicle while the license or 24 privilege is revoked, commits an aggravated misdemeanor and the 25 person shall be imprisoned in the county jail for a minimum of 26 forty-eight hours. In addition to any other penalties, the 27 department shall extend the revocation period for one year. 28 3. A person whose driver’s license or nonresident operating 29 privilege has been revoked due to a third violation of section 30 321J.2, and who drives a motor vehicle while the license or 31 privilege is revoked, commits an aggravated misdemeanor and the 32 person shall be imprisoned in the county jail for a minimum of 33 seven days. In addition to any other penalties, the department 34 shall extend the revocation for one year. 35 -13- LSB 5816YH (5) 89 th/ns 13/ 17

H.F. 2393 4. A person whose driver’s license or nonresident operating 1 privilege has been revoked due to a fourth or subsequent 2 violation of section 321J.2, and who drives a motor vehicle 3 while the license or privilege is revoked, commits a class 4 “D” felony and the person shall be imprisoned in the county 5 jail for a minimum of thirty days. In addition to any other 6 penalties, the department shall extend the revocation period 7 for two years. 8 5. For a violation of this section, a person shall 9 be required to comply with the ignition interlock device 10 requirements of section 321J.20 for the remaining time the 11 person’s operating privilege is revoked, including any required 12 extension of such time, if the person operates a motor vehicle 13 in any of the following conditions: 14 a. While under the influence of an alcoholic beverage or 15 other drug or a combination of such substances. 16 b. While having an alcohol concentration above .00. 17 c. While any amount of a controlled substance is present in 18 the person, as measured in the person’s blood or urine. 19 Sec. 11. Section 811.2, subsection 1, Code 2022, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. Any bailable defendant who is charged 22 with a third or subsequent offense of operating while 23 intoxicated under section 321J.2, and who is ordered released, 24 shall be required, as a condition of that release, to install 25 an ignition interlock device pursuant to section 321J.20. The 26 defendant shall provide proof to the court within thirty days 27 after being released from custody that the ignition interlock 28 device was properly installed. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 Under current law, a record for operating while intoxicated 33 (OWI) in violation of Code section 321J.2 is required to be 34 deleted from the department of transportation (DOT) operating 35 -14- LSB 5816YH (5) 89 th/ns 14/ 17

H.F. 2393 records 12 years after the date of conviction or the effective 1 date of a driver’s license revocation. Deleted records 2 cannot be considered as a prior conviction for the purpose of 3 determining whether a current OWI violation is considered a 4 second, third, or subsequent offense by a court. 5 This bill prohibits the DOT from deleting any record of a 6 person’s conviction or license revocation due to OWI violations 7 while the person is alive. The bill also provides that prior 8 convictions for reckless driving and public intoxication 9 following an OWI arrest is considered a prior OWI conviction. 10 Under current law, a person whose license is revoked for OWI 11 is required to install an ignition interlock device (IID) prior 12 to receiving a temporary restricted license (TRL) from the DOT. 13 The IID must be installed on every vehicle owned or operated 14 by the person. However, if the person has had no previous OWI 15 conviction or revocation, the person must install the IID only 16 on all motor vehicles operated by the person. Current law 17 also requires persons convicted of a second or subsequent OWI 18 offense to install an IID for a minimum of one year prior to 19 being eligible for reinstatement of a driver’s license other 20 than a TRL. 21 The bill adds compliance based removal (CBR) provisions 22 to the IID requirements. Under the bill, a person convicted 23 of a third or subsequent OWI is required to complete the CBR 24 requirements. Under CBR, a person’s requirement to have an 25 IID installed can be extended if the person violates certain 26 conditions of the IID use requirements. The bill allows a 27 court to extend the IID requirements beyond the maximum time of 28 possible incarceration under CBR if violations occur. 29 The bill adds a requirement that new IIDs contain a camera 30 to take still photographs when the device prompts a person to 31 submit a breath sample. The photos can be used to confirm or 32 dispute a violation. 33 The DOT is required to suspend the registration of any 34 vehicle owned by a person subject to IID requirements who fails 35 -15- LSB 5816YH (5) 89 th/ns 15/ 17

H.F. 2393 to submit proof that an IID was installed on the vehicle. 1 However, a family member of the vehicle owner can submit an 2 affidavit to the DOT to waive the suspension under certain 3 circumstances. If a family member provides an affidavit under 4 the requirements of the bill but then allows the vehicle owner 5 to use the motor vehicle the family member is guilty of a 6 simple misdemeanor. A simple misdemeanor is punishable by 7 confinement for no more than 30 days and a fine of at least $105 8 but not more than $855. 9 The bill authorizes a person who is required to install an 10 IID on a vehicle pursuant to Code section 321J.20 to operate an 11 employer’s motor vehicle without an IID, if required as part of 12 the person’s employment duties, under certain specifications as 13 set forth in the bill. 14 The bill strikes a provision allowing a person whose 15 driver’s license has been revoked under Code section 321J.21 to 16 apply to the DOT for a TRL without the requirement of an IID if 17 at least 12 years have elapsed since the end of the underlying 18 revocation period for a violation of Code section 321J.2. 19 The bill creates new criminal offenses for persons who 20 operate a motor vehicle either while revoked or without having 21 an IID installed when required on the motor vehicle. The 22 penalties range from a serious misdemeanor to a class “D” 23 felony. A serious misdemeanor is punishable by confinement 24 for no more than one year and a fine of at least $430 but not 25 more than $2,560. An aggravated misdemeanor is punishable 26 by confinement for no more than two years and a fine of at 27 least $855 but not more than $8,540. A class “D” felony is 28 punishable by confinement for no more than five years and a 29 fine of at least $1,025 but not more than $10,245. 30 The bill adds the requirement to install an IID on every 31 vehicle owned or operated by a person arrested for a third or 32 subsequent OWI offense as a condition of bail. The person is 33 required to provide proof that an IID was properly installed on 34 each required vehicle within 30 days of release. 35 -16- LSB 5816YH (5) 89 th/ns 16/ 17