Senate File 2097 - Introduced SENATE FILE 2097 BY SINCLAIR A BILL FOR An Act relating to the lookback period for prior 1 operating-while-intoxicated convictions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5223XS (1) 89 th/ns
S.F. 2097 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 operating records pertaining to revocations 6 for violations of section 321J.2A , except that a conviction or 7 revocation under section 321J.2 or 321J.2A that is not subject 8 to 49 C.F.R. pt. 383 shall be deleted from the operating 9 records twelve years after the date of conviction or the 10 effective date of revocation. Convictions or revocations that 11 are retained in the operating records for more than twelve 12 years under this subsection shall be considered only for 13 purposes of disqualification actions under 49 C.F.R. pt. 383 . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, a record for operating while intoxicated 18 (OWI) in violation of Code section 321J.2 is required to be 19 deleted from the department of transportation (DOT) operating 20 records 12 years after the date of conviction or the effective 21 date of a driver’s license revocation. Deleted records 22 cannot be considered as a prior conviction for the purpose of 23 determining whether a current OWI violation is considered a 24 second, third, or subsequent offense by a court. 25 This bill prohibits the DOT from deleting any record of a 26 person’s conviction or license revocation due to OWI violations 27 while the person is alive. 28 -1- LSB 5223XS (1) 89 th/ns 1/ 1