House File 2130 - Introduced HOUSE FILE 2130 BY JONES A BILL FOR An Act relating to noncompliance with and circumvention of 1 ignition interlock device requirements, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5396YH (4) 91 th/ns
H.F. 2130 Section 1. Section 321J.20, subsections 3 and 7, Code 2026, 1 are amended to read as follows: 2 3. In addition to other penalties provided by law, a 3 person’s temporary restricted license shall be revoked if 4 the person A person who is required to install an ignition 5 interlock device and the person under this chapter commits a 6 simple misdemeanor when the person operates a motor vehicle 7 which that does not have an approved ignition interlock device 8 or removes the ignition interlock device without authorization 9 installed . In addition, the department shall revoke the 10 person’s temporary restricted license. 11 7. A person who tampers with, removes without 12 authorization, or circumvents an ignition interlock device 13 installed as required in this chapter while the requirement for 14 the ignition interlock device is in effect commits a serious 15 misdemeanor. In addition, the department shall revoke the 16 person’s temporary restricted license. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 Under current law, a person whose driver’s license is 21 revoked for operating while intoxicated is required to install 22 an ignition interlock device (IID) prior to being issued 23 a temporary restricted license (TRL) by the department of 24 transportation (DOT). The IID must be installed on every 25 vehicle operated by the person. In addition to other penalties 26 provided by law, a person’s TRL must be revoked if the person 27 is required to install an IID and the person operates a motor 28 vehicle without an approved IID installed or removes the IID 29 without authorization. 30 This bill creates a new criminal offense, punishable as a 31 simple misdemeanor, when a person who is required to install an 32 IID operates a motor vehicle that does not have an approved IID 33 installed. A simple misdemeanor is punishable by confinement 34 for no more than 30 days and a fine of at least $105 but not 35 -1- LSB 5396YH (4) 91 th/ns 1/ 2
H.F. 2130 more than $855. In addition, the DOT must revoke the person’s 1 TRL for such an offense. 2 The bill moves the requirement for the DOT to revoke a 3 person’s TRL if the person removes an IID without authorization 4 to Code section 321J.20(7), which under current law makes it a 5 serious misdemeanor when a person tampers with, removes without 6 authorization, or circumvents an IID. As a result, the DOT 7 must also revoke a person’s TRL if the person tampers with or 8 circumvents the IID. 9 -2- LSB 5396YH (4) 91 th/ns 2/ 2