Senate Study Bill 1064 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to operating-while-intoxicated offenses, 1 including temporary restricted licenses and ignition 2 interlock devices, providing penalties, making penalties 3 applicable, and including effective date and applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1397XC (7) 90 th/ns

S.F. _____ Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2023, 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 operated by the defendant if the defendant seeks a 9 temporary restricted license as provided in section 321J.20 or 10 as a condition of reinstatement as provided in section 321J.17 . 11 Sec. 2. Section 321J.4, subsections 1, 2, 3, and 4, Code 12 2023, are amended to read as follows: 13 1. If a defendant is convicted of a violation of section 14 321J.2 and the defendant’s driver’s license or nonresident 15 operating privilege has not been revoked under section 321J.9 16 or 321J.12 for the occurrence from which the arrest arose, the 17 department shall revoke the defendant’s driver’s license or 18 nonresident operating privilege for one hundred eighty days 19 if the defendant submitted to chemical testing and has had 20 no previous conviction or revocation under this chapter and 21 shall revoke the defendant’s driver’s license or nonresident 22 operating privilege for one year if the defendant refused to 23 submit to chemical testing and has had no previous conviction 24 or revocation under this chapter . The department shall require 25 the defendant to install an ignition interlock device of a type 26 approved by the commissioner of public safety on all vehicles 27 operated by the defendant if the defendant seeks a temporary 28 restricted license as provided in section 321J.20 or as a 29 condition of reinstatement as provided in section 321J.17 . 30 2. If a defendant is convicted of a violation of section 31 321J.2 , and the defendant’s driver’s license or nonresident 32 operating privilege has not already been revoked under section 33 321J.9 or 321J.12 for the occurrence from which the arrest 34 arose, the department shall revoke the defendant’s driver’s 35 -1- LSB 1397XC (7) 90 th/ns 1/ 11

S.F. _____ license or nonresident operating privilege for one year if the 1 defendant submitted to chemical testing and has had a previous 2 conviction or revocation under this chapter and shall revoke 3 the defendant’s driver’s license or nonresident operating 4 privilege for two years if the defendant refused to submit 5 to chemical testing and has had a previous revocation under 6 this chapter . The department shall require the defendant to 7 install an ignition interlock device of a type approved by the 8 commissioner of public safety on all vehicles owned or operated 9 by the defendant if the defendant seeks a temporary restricted 10 license as provided in section 321J.20 or as a condition of 11 reinstatement as provided in section 321J.17 . A temporary 12 restricted license shall not be granted and a driver’s license 13 shall not be reinstated by the department until the defendant 14 installs the ignition interlock device. 15 3. If the court defers judgment pursuant to section 907.3 16 for a violation of section 321J.2 , and if the defendant’s 17 driver’s license or nonresident operating privilege has not 18 been revoked under section 321J.9 or 321J.12 , or has not 19 otherwise been revoked for the occurrence from which the arrest 20 arose, the department shall revoke the defendant’s driver’s 21 license or nonresident operating privilege for a period of 22 not less than thirty days nor more than ninety days. The 23 department shall require the defendant to install an ignition 24 interlock device of a type approved by the commissioner of 25 public safety on all vehicles operated by the defendant if the 26 defendant seeks a temporary restricted license as provided in 27 section 321J.20 or as a condition of reinstatement as provided 28 in section 321J.17 . 29 4. Upon a plea or verdict of guilty of a third or subsequent 30 violation of section 321J.2 , the department shall revoke the 31 defendant’s driver’s license or nonresident operating privilege 32 for a period of six years. The department shall require the 33 defendant to install an ignition interlock device of a type 34 approved by the commissioner of public safety on all vehicles 35 -2- LSB 1397XC (7) 90 th/ns 2/ 11

S.F. _____ owned or operated by the defendant if the defendant seeks a 1 temporary restricted license as provided in section 321J.20 or 2 as a condition of reinstatement as provided in section 321J.17 . 3 A temporary restricted license shall not be granted and a 4 driver’s license shall not be reinstated by the department 5 until the defendant installs the ignition interlock device. 6 Sec. 3. Section 321J.4, subsection 8, paragraphs b and c, 7 Code 2023, are amended to read as follows: 8 b. The commissioner of public safety shall adopt rules to 9 approve certain ignition interlock devices and the . The rules 10 shall establish all of the following: 11 (1) The means of installation of the devices , and shall 12 establish the . 13 (2) The level of alcohol concentration beyond which an 14 ignition interlock device will not allow operation of the motor 15 vehicle in which it is installed. 16 (3) The camera and photograph requirements provided under 17 section 321J.20, subsection 7B. 18 c. The order to install ignition interlock devices shall 19 remain in effect for a period of time as determined by the 20 court which shall not exceed the maximum term of imprisonment 21 which the court could have imposed according to the nature of 22 the violation , unless otherwise extended under this chapter . 23 While the order is in effect, the defendant shall not operate 24 a motor vehicle which does not have an approved ignition 25 interlock device installed. 26 Sec. 4. Section 321J.9, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. The department shall require the defendant to install 29 an ignition interlock device of a type approved by the 30 commissioner of public safety on all vehicles owned or 31 operated by the defendant if the defendant seeks a temporary 32 restricted license under section 321J.20 or as a condition of 33 reinstatement as provided in section 321J.17 . However, if 34 the defendant has had no previous conviction or revocation 35 -3- LSB 1397XC (7) 90 th/ns 3/ 11

S.F. _____ under this chapter , the department shall only require the 1 defendant to install an approved ignition interlock device on 2 all vehicles operated by the defendant if the defendant seeks 3 a temporary restricted license under section 321J.20 or as a 4 condition of reinstatement as provided in section 321J.17 . 5 A temporary restricted license shall not be granted and a 6 driver’s license shall not be reinstated by the department 7 until the defendant installs the ignition interlock device. 8 Sec. 5. Section 321J.12, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. The department shall require the defendant to install 11 an ignition interlock device of a type approved by the 12 commissioner of public safety on all vehicles owned or 13 operated by the defendant if the defendant seeks a temporary 14 restricted license under section 321J.20 or as a condition of 15 reinstatement as provided in section 321J.17 . However, if 16 the defendant has had no previous conviction or revocation 17 under this chapter , the department shall only require the 18 defendant to install an approved ignition interlock device on 19 all vehicles operated by the defendant if the defendant seeks 20 a temporary restricted license under section 321J.20 or as a 21 condition of reinstatement as provided in section 321J.17 . 22 A temporary restricted license shall not be granted and a 23 driver’s license shall not be reinstated by the department 24 until the defendant installs the ignition interlock device. 25 Sec. 6. Section 321J.17, subsection 3, Code 2023, is amended 26 to read as follows: 27 3. a. The department shall also require certification of 28 installation of an ignition interlock device of a type approved 29 by the commissioner of public safety on all of the following 30 motor vehicles: 31 (1) All motor vehicles operated by a person seeking 32 reinstatement if the person has had no previous conviction or 33 revocation under this chapter. 34 (2) All motor vehicles owned or operated by any a person 35 -4- LSB 1397XC (7) 90 th/ns 4/ 11

S.F. _____ seeking reinstatement following a second or subsequent 1 revocation under section 321J.4 , 321J.9 , or 321J.12 this 2 chapter . The 3 b. Unless otherwise extended under this chapter, the 4 requirement for the installation of an approved ignition 5 interlock device shall be for one year from the date of 6 reinstatement unless a longer time period is required by 7 statute. one of the following periods of time, as applicable: 8 (1) One hundred eighty days from the date of reinstatement 9 if the person is not subject to subparagraph (2). 10 (2) One year from the date of reinstatement if the person 11 has had a previous revocation under this chapter, or if the 12 person is seeking reinstatement following a revocation under 13 section 321J.4, subsection 5 or 6, regardless of whether the 14 person has had a previous revocation under this chapter. 15 c. The one-year period of time a person is required to 16 maintain an ignition interlock device under this subsection 17 shall be reduced by any period of time the person held a 18 valid temporary restricted license during the period of the 19 revocation for the occurrence from which the arrest arose. The 20 d. The period of time a person is required to maintain 21 an ignition interlock device under this subsection shall be 22 increased if required in accordance with the compliance-based 23 removal procedures provided in section 321J.17A. 24 e. A person shall not operate any motor vehicle which 25 is not equipped with an approved ignition interlock device 26 during the period in which an ignition interlock device must be 27 maintained, and the department shall not grant reinstatement 28 unless the person certifies installation of an ignition 29 interlock device as required in this subsection . In addition 30 to other penalties provided by law, the department shall revoke 31 the driver’s license of a person who is required to maintain 32 an ignition interlock device if the person operates a motor 33 vehicle which does not have an approved ignition interlock 34 device or removes the ignition interlock device without 35 -5- LSB 1397XC (7) 90 th/ns 5/ 11

S.F. _____ authorization. 1 f. This subsection does not apply to a person who has had 2 no previous conviction or revocation under this chapter if 3 the person receives an exemption from the department because 4 the person does not own or have access to a motor vehicle. 5 The person shall file a declaration to that effect with the 6 department, on a form prescribed by the department, which must 7 be approved by the department prior to the exemption being 8 granted. 9 g. The department shall adopt rules pursuant to chapter 17A 10 to implement this subsection. 11 Sec. 7. NEW SECTION . 321J.17A Compliance-based removal. 12 1. If an ignition interlock device detects a violation by 13 a person during the ninety-day period immediately preceding 14 the date on which the period of time a person is required to 15 maintain an ignition interlock device under section 321J.17 16 ends, the period of time a person is required to maintain 17 an ignition interlock device under section 321J.17 shall be 18 extended until the person completes ninety consecutive days 19 without a violation detected by an ignition interlock device, 20 as determined by the department based on an approved ignition 21 interlock device provider’s compliance report submitted in 22 accordance with this section. Nothing in this section shall 23 limit the number of subsequent extensions a person may receive 24 following a violation detected by an ignition interlock device. 25 2. a. An approved ignition interlock device provider shall 26 generate and submit a compliance report to the department for 27 each person who maintains an ignition interlock device of the 28 provider for purposes of meeting the requirements of section 29 321J.17. The compliance report must indicate every associated 30 motor vehicle and the associated ignition interlock device 31 installed on each motor vehicle. The compliance report must 32 include all of the following details, as applicable: 33 (1) If an ignition interlock device detected a violation, 34 the date and type of violation. 35 -6- LSB 1397XC (7) 90 th/ns 6/ 11

S.F. _____ (2) If an ignition interlock device detected no violations 1 during the ninety days immediately preceding the report, the 2 fact that no violations were detected. 3 b. An approved ignition interlock device provider shall 4 generate the compliance report and submit it to the department 5 no earlier than the date on which the period of time a person is 6 required to maintain an ignition interlock device under section 7 321J.17 ends, and no later than seven business days following 8 that date. The provider shall again generate and submit a 9 subsequent report to the department in this manner based on any 10 subsequent extensions as provided in this section, if any. 11 3. a. For purposes of this section, a violation includes 12 any of the following: 13 (1) Failing to provide a detectable breath sample to the 14 ignition interlock device when prompted by the device. 15 (2) Providing a breath sample to an ignition interlock 16 device with a level of alcohol concentration beyond which an 17 ignition interlock device will not allow operation of the motor 18 vehicle in which it is installed, pursuant to rules established 19 by the department of public safety under section 321J.4, 20 subsection 8. 21 (3) Removing without authorization, bypassing, 22 circumventing, or tampering with the ignition interlock device, 23 including any such attempt, detected by the device. 24 b. Notwithstanding paragraph “a” , it is not a violation 25 under this section if a person provides a detectable breath 26 sample and successfully passes a test immediately following the 27 first failed test or in response to a bypass or circumvention 28 attempt as described in paragraph “a” , and a violation shall not 29 be reported. 30 4. The department shall adopt rules pursuant to chapter 17A 31 prescribing the form and manner of communication pursuant to 32 this section, and may otherwise adopt rules as necessary to 33 administer this section. 34 Sec. 8. Section 321J.20, subsections 2, 3, and 7, Code 2023, 35 -7- LSB 1397XC (7) 90 th/ns 7/ 11

S.F. _____ are amended to read as follows: 1 2. A temporary restricted license issued under this section 2 shall not be issued until the applicant installs an approved 3 ignition interlock device on all motor vehicles owned or 4 operated by the applicant. However, if the applicant has 5 had no previous conviction or revocation under this chapter , 6 a temporary restricted license issued under this section 7 shall not be issued until the applicant installs an approved 8 ignition interlock device on all motor vehicles operated by 9 the applicant. Installation of an ignition interlock device 10 under this section shall be required for the period of time 11 for which the temporary restricted license is issued, and for 12 such additional period of time following reinstatement as 13 is required under section 321J.17, subsection 3 . However, 14 a person whose driver’s license or nonresident operating 15 privilege has been revoked under section 321J.21 may apply to 16 the department for a temporary restricted license without the 17 requirement of an ignition interlock device if at least twelve 18 years have elapsed since the end of the underlying revocation 19 period for a violation of section 321J.2 . 20 3. In addition to other penalties provided by law, a 21 person’s temporary restricted license shall be revoked if the 22 person is required to install an ignition interlock device and 23 the person does any of the following: 24 a. Operates operates a motor vehicle which does not have 25 an approved ignition interlock device or removes the ignition 26 interlock device without authorization . 27 b. Tampers with or circumvents an ignition interlock device. 28 7. A person who tampers with , removes without 29 authorization, or circumvents an ignition interlock device 30 installed as required in this chapter and while the requirement 31 for the ignition interlock device is in effect commits a 32 serious misdemeanor. 33 Sec. 9. Section 321J.20, Code 2023, is amended by adding the 34 following new subsections: 35 -8- LSB 1397XC (7) 90 th/ns 8/ 11

S.F. _____ NEW SUBSECTION . 7A. A person who holds a temporary 1 restricted license and who operates a motor vehicle without 2 an ignition interlock device installed commits one of the 3 following, as applicable: 4 a. For a first offense, a serious misdemeanor. 5 b. For a second offense, an aggravated misdemeanor. 6 c. For a third or subsequent offense, an aggravated 7 misdemeanor with a minimum period of imprisonment in the county 8 jail of forty-eight hours. 9 NEW SUBSECTION . 7B. An ignition interlock device shall 10 be equipped with a camera that is only capable of taking a 11 still image photograph when a breath sample is requested by the 12 device, when a breath sample is provided, and when a failure to 13 provide a breath sample occurs. 14 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 15 2024. 16 Sec. 11. APPLICABILITY. 17 1. Except as provided in subsection 2, this Act applies to 18 driver’s license revocations under chapter 321J, as amended in 19 this Act, for which the underlying offense occurred on or after 20 the effective date of this Act. 21 2. The portion of the section of this Act enacting section 22 321J.20, subsection 7B, applies to ignition interlock devices 23 installed on or after the effective date of this Act. 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 Under current law, a person whose driver’s license is 28 revoked for operating while intoxicated (OWI) is required to 29 install an ignition interlock device (IID) prior to being 30 issued a temporary restricted license (TRL) by the department 31 of transportation (DOT). The IID must be installed on every 32 vehicle owned or operated by the person, or every vehicle 33 operated by the person if the person has had no previous 34 conviction or revocation under Code chapter 321J. 35 -9- LSB 1397XC (7) 90 th/ns 9/ 11

S.F. _____ Current law also requires a person with a second or 1 subsequent driver’s license revocation for OWI to install an 2 IID for a minimum of one year after reinstatement of a driver’s 3 license other than a TRL. The one-year period may be offset by 4 any time a person had an IID installed on the person's vehicle 5 while operating with a TRL. 6 This bill expands that provision. After reinstatement of a 7 driver’s license other than a TRL, a person with no previous 8 revocation under Code chapter 321J must maintain an IID for 180 9 days if the violation did not involve personal injury or death. 10 If it did, the person with no previous revocation under Code 11 chapter 321J is subject to the one-year IID requirement under 12 current law. The bill allows an exemption for persons who do 13 not own or have access to a motor vehicle. 14 These IID periods may be extended based on compliance-based 15 removal (CBR) provisions. If an IID detects a violation by a 16 person during the 90-day period immediately preceding the date 17 on which the period of time a person is required to maintain 18 an IID for driver’s license reinstatement ends, the period of 19 time is extended until the person completes 90 consecutive days 20 without a violation, as determined by the DOT based on an IID 21 provider’s compliance report submitted in accordance with the 22 bill. The IID provider must generate and submit the report to 23 the DOT no earlier than the date on which the period of time 24 a person is required to maintain an IID for driver’s license 25 reinstatement ends, and no later than seven business days 26 following that date. The IID provider is required to generate 27 and submit a subsequent report to the DOT in this manner based 28 on any subsequent extensions, if any. 29 The bill does not limit the number of times an IID 30 requirement for driver’s license reinstatement for a person may 31 be extended. 32 Under the bill, a violation includes failing to provide a 33 detectable breath sample when prompted by the IID, providing 34 a breath sample with a level of alcohol concentration beyond 35 -10- LSB 1397XC (7) 90 th/ns 10/ 11

S.F. _____ which an IID will not allow operation of the motor vehicle, and 1 removing without authorization, bypassing, circumventing, or 2 tampering with the IID, including any such attempt, detected 3 by the device. However, it is not a violation under CBR if a 4 person provides a detectable breath sample and successfully 5 passes a test immediately following the first failed test or in 6 response to a bypass or circumvention attempt. 7 The bill adds a requirement that new IIDs contain a camera to 8 take still photographs in circumstances set forth in the bill. 9 The bill strikes a provision allowing a person whose 10 driver’s license has been revoked under Code section 321J.21 to 11 apply to the DOT for a TRL without the requirement of an IID if 12 at least 12 years have elapsed since the end of the underlying 13 revocation period for a violation of Code section 321J.2. 14 Under the bill, a person who removes an IID without 15 authorization commits a serious misdemeanor. A serious 16 misdemeanor is punishable by confinement for no more than one 17 year and a fine of at least $430 but not more than $2,560. 18 The bill creates a new criminal offense for a person who 19 has a TRL and who operates a motor vehicle without an IID 20 installed. The penalties range from a serious misdemeanor 21 (first offense) to an aggravated misdemeanor with a 48-hour 22 minimum term of imprisonment in a county jail (third or 23 subsequent offense). An aggravated misdemeanor is punishable 24 by confinement for no more than two years and a fine of at least 25 $855 but not more than $8,540. 26 The bill takes effect January 1, 2024, and sets forth 27 applicability provisions. 28 -11- LSB 1397XC (7) 90 th/ns 11/ 11