HF 2130 (LSB 5396YH (4) 91)

HOUSE FILE 2130

BY  JONES

A BILL FOR

An Act relating to noncompliance with and circumvention of ignition interlock device requirements, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.20, subsections 3 and 7, Code 2026, are amended to read as follows:
   3.  In addition to other penalties provided by law, a person’s temporary restricted license shall be revoked if the person A person who is required to install an ignition interlock device and the person under this chapter commits a simple misdemeanor when the person operates a motor vehicle which that does not have an approved ignition interlock device or removes the ignition interlock device without authorization installed.  In addition, the department shall revoke the person’s temporary restricted license.
   7.  A person who tampers with, removes without authorization, or circumvents an ignition interlock device installed as required in this chapter while the requirement for the ignition interlock device is in effect commits a serious misdemeanor.  In addition, the department shall revoke the person’s temporary restricted license.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person whose driver’s license is revoked for operating while intoxicated is required to install an ignition interlock device (IID) prior to being issued a temporary restricted license (TRL) by the department of transportation (DOT). The IID must be installed on every vehicle operated by the person. In addition to other penalties provided by law, a person’s TRL must be revoked if the person is required to install an IID and the person operates a motor vehicle without an approved IID installed or removes the IID without authorization.
   This bill creates a new criminal offense, punishable as a simple misdemeanor, when a person who is required to install an IID operates a motor vehicle that does not have an approved IID installed. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. In addition, the DOT must revoke the person’s TRL for such an offense.
   The bill moves the requirement for the DOT to revoke a person’s TRL if the person removes an IID without authorization to Code section 321J.20(7), which under current law makes it a serious misdemeanor when a person tampers with, removes without authorization, or circumvents an IID. As a result, the DOT must also revoke a person’s TRL if the person tampers with or circumvents the IID.