Senate File 2190 - Reprinted SENATE FILE 2190 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3008) (COMPANION TO HF 2245) (As Amended and Passed by the Senate March 8, 2016 ) A BILL FOR An Act providing for the establishment of county chemical 1 substance abuse monitoring pilot programs and modifying 2 temporary restricted license eligibility requirements for 3 operating-while-intoxicated offenders. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2190 (3) 86 ns/nh/jh

S.F. 2190 DIVISION I 1 COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT PROGRAMS 2 Section 1. COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT 3 PROGRAMS. 4 1. The department of public safety, in collaboration with 5 the governor’s traffic safety bureau, may, in an effort to 6 reduce the number of crimes that have a nexus with chemical 7 substance abuse, adopt rules providing for the creation and 8 approval of an application from a county for the implementation 9 of a countywide chemical substance abuse monitoring pilot 10 program that is available twenty-four hours per day, seven days 11 per week. 12 2. A chemical substance abuse monitoring pilot program 13 shall do all of the following: 14 a. Make the program available to a person who has been 15 charged with, pled guilty to, or been convicted of a crime 16 that has a nexus with chemical substance abuse. The program 17 shall require a participating person to abstain from all 18 chemical substances for a period of time. A person wishing 19 to participate in the program shall apply to the court on 20 a form designed by the county, and the court may order the 21 person’s participation in the program as a component or 22 condition of pretrial release or probation. The application 23 form shall include an itemization of all costs associated with 24 participation in the program. This paragraph shall not apply 25 to a person who has been charged with, pled guilty to, or been 26 convicted of a first offense of operating while intoxicated 27 in violation of section 321J.2 where the person’s alcohol 28 concentration was lower than .15 and no accident resulting 29 in personal injury or property damage occurred, unless upon 30 application and a hearing the court permits participation in 31 the program by such a person. 32 b. Require the person to be subject to testing to determine 33 whether a chemical substance is present in the person’s body. 34 The commissioner of public safety shall approve the use of 35 -1- SF 2190 (3) 86 ns/nh/jh 1/ 12

S.F. 2190 appropriate devices and technology for this purpose, and may, 1 in the case of alcohol concentration testing, designate certain 2 portable breath test devices for this purpose. Testing shall 3 occur in the following manner: 4 (1) At least twice per day at a central location. 5 (2) Where testing under subparagraph (1) is impractical, by 6 continuous transdermal or electronic monitoring. 7 c. Provide that allegations of a test failure, a refusal to 8 submit to a test, or a failure to appear for testing shall be 9 communicated ex parte to a magistrate as soon as practicable. 10 A magistrate who receives such a communication may order 11 immediate incarceration pending a hearing on the allegation but 12 lasting no longer than twenty-four hours after the issuance of 13 the order or, if the person failed to appear for testing as 14 scheduled, the magistrate may issue a warrant for the arrest of 15 the person for a violation of the terms of pretrial release or 16 probation, as applicable. 17 d. Require a person participating in the program to pay 18 program costs, including costs of installation, monitoring, and 19 deactivation of any testing devices. 20 3. An approved pilot program shall begin on October 1, 2016, 21 or upon the effective date of department rules, whichever is 22 earlier, and shall be conducted for a minimum of one year. 23 4. The department of public safety shall adopt rules 24 pursuant to chapter 17A to implement this section including 25 but not limited to provisions relating to applications for, 26 approval of, costs of, and oversight of the pilot programs and 27 reporting requirements for participating counties. 28 5. The department of public safety shall submit a report on 29 the results of the pilot programs and make recommendations to 30 the general assembly by December 15, 2017. 31 6. For the purposes of this section, “chemical substance” 32 means any alcoholic beverage as defined in section 321J.1 and 33 any controlled substance as defined in section 124.101. 34 DIVISION II 35 -2- SF 2190 (3) 86 ns/nh/jh 2/ 12

S.F. 2190 OPERATING WHILE INTOXICATED 1 Sec. 2. Section 321J.2, subsection 3, paragraph d, 2 subparagraphs (1) and (2), Code 2016, are amended to read as 3 follows: 4 (1) A defendant whose alcohol concentration is .08 or more 5 but not more than .10 shall not be eligible for any temporary 6 restricted license for at least thirty days if a test was 7 obtained and an accident resulting in personal injury or 8 property damage occurred. The department shall require the 9 defendant to install an ignition interlock device of a type 10 approved by the commissioner of public safety on all vehicles 11 owned or operated by the defendant if the defendant seeks a 12 temporary restricted license. There shall be no such period of 13 ineligibility if no such accident occurred , and the defendant 14 shall not be required to install an ignition interlock device . 15 (2) A defendant whose alcohol concentration is more than .10 16 shall not be eligible for any temporary restricted license for 17 at least thirty days if a test was obtained, and an accident 18 resulting in personal injury or property damage occurred or the 19 defendant’s alcohol concentration exceeded .15. There shall be 20 no such period of ineligibility if no such accident occurred 21 and the defendant’s alcohol concentration did not exceed .15. 22 In either case, where Where a defendant’s alcohol concentration 23 is more than .10, the department shall require the defendant to 24 install an ignition interlock device of a type approved by the 25 commissioner of public safety on all vehicles owned or operated 26 by the defendant if the defendant seeks a temporary restricted 27 license. 28 Sec. 3. Section 321J.4, subsections 1, 2, and 3, Code 2016, 29 are amended to read as follows: 30 1. 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 been revoked under section 321J.9 33 or 321J.12 for the occurrence from which the arrest arose, the 34 department shall revoke the defendant’s driver’s license or 35 -3- SF 2190 (3) 86 ns/nh/jh 3/ 12

S.F. 2190 nonresident operating privilege for one hundred eighty days 1 if the defendant submitted to chemical testing and has had 2 no previous conviction or revocation under this chapter and 3 shall revoke the defendant’s driver’s license or nonresident 4 operating privilege for one year if the defendant refused to 5 submit to chemical testing and has had no previous conviction 6 or revocation under this chapter . The defendant shall not be 7 eligible for any temporary restricted license for at least 8 ninety days if a test was refused under section 321J.9 . 9 a. A defendant whose alcohol concentration is .08 or more 10 but not more than .10 shall not be eligible for any temporary 11 restricted license for at least thirty days if a test was 12 obtained and an accident resulting in personal injury or 13 property damage occurred. The department shall require the 14 defendant to install an ignition interlock device of a type 15 approved by the commissioner of public safety on all vehicles 16 owned or operated by the defendant if the defendant seeks a 17 temporary restricted license. There shall be no such period of 18 ineligibility if no such accident occurred , and the defendant 19 shall not be required to install an ignition interlock device . 20 b. A defendant whose alcohol concentration is more than .10 21 shall not be eligible for any temporary restricted license for 22 at least thirty days if a test was obtained and an accident 23 resulting in personal injury or property damage occurred or the 24 defendant’s alcohol concentration exceeded .15. There shall be 25 no such period of ineligibility if no such accident occurred 26 and the defendant’s alcohol concentration did not exceed .15. 27 In either case, where Where a defendant’s alcohol concentration 28 is more than .10, the department shall require the defendant to 29 install an ignition interlock device of a type approved by the 30 commissioner of public safety on all vehicles owned or operated 31 by the defendant if the defendant seeks a temporary restricted 32 license. 33 c. If the defendant is under the age of twenty-one, the 34 defendant shall not be eligible for a temporary restricted 35 -4- SF 2190 (3) 86 ns/nh/jh 4/ 12

S.F. 2190 license for at least sixty days after the effective date of 1 revocation. 2 2. If a defendant is convicted of a violation of section 3 321J.2 , and the defendant’s driver’s license or nonresident 4 operating privilege has not already been revoked under section 5 321J.9 or 321J.12 for the occurrence from which the arrest 6 arose, the department shall revoke the defendant’s driver’s 7 license or nonresident operating privilege for one year if the 8 defendant submitted to chemical testing and has had a previous 9 conviction or revocation under this chapter and shall revoke 10 the defendant’s driver’s license or nonresident operating 11 privilege for two years if the defendant refused to submit to 12 chemical testing and has had a previous revocation under this 13 chapter . The defendant shall not be eligible for any temporary 14 restricted license for forty-five days after the effective date 15 of revocation if the defendant submitted to chemical testing 16 and an accident resulting in personal injury or property 17 damage occurred and shall not be eligible for any temporary 18 restricted license for ninety days after the effective date of 19 revocation if the defendant refused chemical testing. The 20 temporary restricted license shall be issued in accordance with 21 section 321J.20, subsection 2 . The department shall require 22 the defendant to install an ignition interlock device of a type 23 approved by the commissioner of public safety on all vehicles 24 owned or operated by the defendant if the defendant seeks a 25 temporary restricted license at the end of the minimum period 26 of ineligibility. A temporary restricted license shall not 27 be granted by the department until the defendant installs the 28 ignition interlock device. 29 3. If the court defers judgment pursuant to section 907.3 30 for a violation of section 321J.2 , and if the defendant’s 31 driver’s license or nonresident operating privilege has not 32 been revoked under section 321J.9 or 321J.12 , or has not 33 otherwise been revoked for the occurrence from which the arrest 34 arose, the department shall revoke the defendant’s driver’s 35 -5- SF 2190 (3) 86 ns/nh/jh 5/ 12

S.F. 2190 license or nonresident operating privilege for a period of not 1 less than thirty days nor more than ninety days. The defendant 2 shall not be eligible for any temporary restricted license for 3 at least ninety days if a test was refused. 4 a. A defendant whose alcohol concentration is .08 or more 5 but not more than .10 shall not be eligible for any temporary 6 restricted license for at least thirty days if a test was 7 obtained and an accident resulting in personal injury or 8 property damage occurred. The department shall require the 9 defendant to install an ignition interlock device of a type 10 approved by the commissioner of public safety on all vehicles 11 owned or operated by the defendant if the defendant seeks a 12 temporary restricted license. There shall be no such period of 13 ineligibility if no such accident occurred , and the defendant 14 shall not be required to install an ignition interlock device . 15 b. A defendant whose alcohol concentration is more than .10 16 shall not be eligible for any temporary restricted license for 17 at least thirty days if a test was obtained and an accident 18 resulting in personal injury or property damage occurred or the 19 defendant’s alcohol concentration exceeded .15. There shall be 20 no such period of ineligibility if no such accident occurred 21 and the defendant’s alcohol concentration did not exceed .15. 22 In either case, where Where a defendant’s alcohol concentration 23 is more than .10, the department shall require the defendant to 24 install an ignition interlock device of a type approved by the 25 commissioner of public safety on all vehicles owned or operated 26 by the defendant if the defendant seeks a temporary restricted 27 license. 28 c. If the defendant is under the age of twenty-one, the 29 defendant shall not be eligible for a temporary restricted 30 license for at least sixty days after the effective date of the 31 revocation. 32 Sec. 4. Section 321J.12, subsections 1 and 2, Code 2016, are 33 amended to read as follows: 34 1. Upon certification, subject to penalty for perjury, by 35 -6- SF 2190 (3) 86 ns/nh/jh 6/ 12

S.F. 2190 the peace officer that there existed reasonable grounds to 1 believe that the person had been operating a motor vehicle in 2 violation of section 321J.2 , that there existed one or more 3 of the necessary conditions for chemical testing described in 4 section 321J.6, subsection 1 , and that the person submitted to 5 chemical testing and the test results indicated the presence 6 of a controlled substance or other drug, or an alcohol 7 concentration equal to or in excess of the level prohibited by 8 section 321J.2 , or a combination of alcohol and another drug in 9 violation of section 321J.2 , the department shall revoke the 10 person’s driver’s license or nonresident operating privilege 11 for the following periods of time: 12 a. One hundred eighty days if the person has had no 13 revocation under this chapter . 14 b. One year if the person has had a one previous revocation 15 under this chapter . 16 c. Two years if the person has had two or more previous 17 revocations under this chapter. 18 2. a. A person whose driver’s license or nonresident 19 operating privileges have been revoked under subsection 1 , 20 paragraph “a” , whose alcohol concentration is .08 or more but 21 not more than .10 shall not be eligible for any temporary 22 restricted license for at least thirty days after the effective 23 date of the revocation if a test was obtained and an accident 24 resulting in personal injury or property damage occurred. The 25 department shall require the defendant to install an ignition 26 interlock device of a type approved by the commissioner 27 of public safety on all vehicles owned or operated by the 28 defendant if the defendant seeks a temporary license. There 29 shall be no such period of ineligibility if no such accident 30 occurred , and the defendant shall not be required to install 31 an ignition interlock device . 32 b. A defendant whose alcohol concentration is more than .10 33 shall not be eligible for any temporary restricted license for 34 at least thirty days if a test was obtained and an accident 35 -7- SF 2190 (3) 86 ns/nh/jh 7/ 12

S.F. 2190 resulting in personal injury or property damage occurred or the 1 defendant’s alcohol concentration exceeded .15. There shall be 2 no such period of ineligibility if no such accident occurred 3 and the defendant’s alcohol concentration did not exceed .15. 4 In either case, where Where a defendant’s alcohol concentration 5 is more than .10, the department shall require the defendant to 6 install an ignition interlock device of a type approved by the 7 commissioner of public safety on all vehicles owned or operated 8 by the defendant if the defendant seeks a temporary restricted 9 license. 10 c. If the person is under the age of twenty-one, the person 11 shall not be eligible for a temporary restricted license for at 12 least sixty days after the effective date of the revocation. 13 d. A person whose license or privileges have been revoked 14 under subsection 1 , paragraph “b” , for one year shall not be 15 eligible for any temporary restricted license for forty-five 16 days after the effective date of the revocation , and if a test 17 was obtained and an accident resulting in personal injury or 18 property damage occurred. If a person’s license or privileges 19 have been revoked under subsection 1, paragraph “b” , the 20 department shall require the person to install an ignition 21 interlock device of a type approved by the commissioner 22 of public safety on all vehicles owned or operated by the 23 defendant if the defendant seeks a temporary restricted license 24 at the end of the minimum period of ineligibility. The 25 temporary restricted license shall be issued in accordance with 26 section 321J.20, subsection 2 . A temporary restricted license 27 shall not be granted by the department until the defendant 28 installs the ignition interlock device. 29 e. A person whose license or privileges have been revoked 30 under subsection 1, paragraph “c” , for two years shall not be 31 eligible for any temporary restricted license for forty-five 32 days after the effective date of the revocation. The 33 department shall require the person to install an ignition 34 interlock device of a type approved by the commissioner 35 -8- SF 2190 (3) 86 ns/nh/jh 8/ 12

S.F. 2190 of public safety on all vehicles owned or operated by the 1 defendant if the defendant seeks a temporary restricted 2 license at the end of the minimum period of ineligibility. The 3 temporary restricted license shall be issued in accordance with 4 section 321J.20, subsection 2. A temporary restricted license 5 shall not be granted by the department until the defendant 6 installs the ignition interlock device. 7 Sec. 5. Section 321J.17, subsection 3, Code 2016, is amended 8 to read as follows: 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 by any person seeking reinstatement following 13 a second or subsequent revocation under section 321J.4 , 14 321J.9 , or 321J.12 . The requirement for the installation of 15 an approved ignition interlock device shall be for one year 16 from the date of reinstatement unless a longer time period 17 is required by statute. The one-year period a person is 18 required to maintain an ignition interlock device under this 19 subsection shall be reduced by any period of time the person 20 held a valid temporary restricted license during the period of 21 the revocation for the occurrence from which the arrest arose , 22 including any period in which the person participated in a 24-7 23 sobriety program, as defined in section 321J.20 . The person 24 shall not operate any motor vehicle which is not equipped with 25 an approved ignition interlock device during the period in 26 which an ignition interlock device must be maintained, and the 27 department shall not grant reinstatement unless the person 28 certifies installation of an ignition interlock device as 29 required in this subsection . 30 Sec. 6. Section 321J.20, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2016, is amended to read as 32 follows: 33 The department may, on application, issue a temporary 34 restricted license to a person whose noncommercial driver’s 35 -9- SF 2190 (3) 86 ns/nh/jh 9/ 12

S.F. 2190 license is revoked under this chapter allowing the person to 1 drive to and from the person’s home and specified places at 2 specified times which can be verified by the department and 3 which are required by the person’s full-time or part-time 4 employment, continuing health care or the continuing health 5 care of another who is dependent upon the person, continuing 6 education while enrolled in an educational institution on a 7 part-time or full-time basis and while pursuing a course of 8 study leading to a diploma, degree, or other certification of 9 successful educational completion, substance abuse treatment, 10 court-ordered community service responsibilities, and 11 appointments with the person’s parole or probation officer , 12 and participation in a 24-7 sobriety program, if the person’s 13 driver’s license has not been revoked previously under section 14 321J.4 , 321J.9 , or 321J.12 and if any of the following apply: 15 Sec. 7. Section 321J.20, subsection 1, paragraph b, Code 16 2016, is amended to read as follows: 17 b. A temporary restricted license may be issued under this 18 subsection if the person’s noncommercial driver’s license is 19 revoked for two years under section 321J.4, subsection 2 , or 20 section 321J.9, subsection 1 , paragraph “b” , and the first three 21 hundred sixty-five days of the revocation have minimum period 22 of ineligibility for issuance of a temporary restricted license 23 has expired. 24 Sec. 8. Section 321J.20, subsection 2, paragraph a, Code 25 2016, is amended to read as follows: 26 a. Notwithstanding section 321.560 , the department may, 27 on application, and upon the expiration of the minimum period 28 of ineligibility for a temporary restricted license provided 29 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 30 temporary restricted license to a person whose noncommercial 31 driver’s license has either been revoked under this chapter , or 32 revoked or suspended under chapter 321 solely for violations 33 of this chapter , or who has been determined to be a habitual 34 offender under chapter 321 based solely on violations of 35 -10- SF 2190 (3) 86 ns/nh/jh 10/ 12

S.F. 2190 this chapter or on violations listed in section 321.560, 1 subsection 1 , paragraph “b” , and who is not eligible for a 2 temporary restricted license under subsection 1 . However, 3 the department may not issue a temporary restricted license 4 under this subsection for a violation of section 321J.2A or 5 to a person under the age of twenty-one whose license is 6 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 7 restricted license issued under this subsection may allow the 8 person to drive to and from the person’s home and specified 9 places at specified times which can be verified by the 10 department and which are required by the person’s full-time or 11 part-time employment; continuing education while enrolled in an 12 educational institution on a part-time or full-time basis and 13 while pursuing a course of study leading to a diploma, degree, 14 or other certification of successful educational completion; or 15 substance abuse treatment ; or participation in a 24-7 sobriety 16 program . 17 Sec. 9. Section 321J.20, subsection 3, Code 2016, is amended 18 to read as follows: 19 3. If a person required to install an ignition interlock 20 device or participate in a 24-7 sobriety program operates 21 a motor vehicle which does not have an approved ignition 22 interlock device or while not in compliance with the 24-7 23 sobriety program, or if the person tampers with or circumvents 24 an ignition interlock device, in addition to other penalties 25 provided, the person’s temporary restricted license shall be 26 revoked. 27 Sec. 10. Section 321J.20, Code 2016, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 10. Notwithstanding any other provision of 30 law to the contrary, in any circumstance in which this chapter 31 requires the installation of an ignition interlock device in 32 all vehicles owned or operated by a person as a condition of 33 the person’s license or privilege to operate noncommercial 34 motor vehicles, the department may accept, in lieu of 35 -11- SF 2190 (3) 86 ns/nh/jh 11/ 12

S.F. 2190 installation of an ignition interlock device, a certification 1 of the person’s participation in and compliance with a 24-7 2 sobriety program. As used in this section, “24-7 sobriety 3 program” means as defined in 23 U.S.C. §164(a), as amended by 4 the federal Fixing America’s Surface Transportation Act, Pub. 5 L. No. 114-94, §1414. The department, in consultation with the 6 department of public safety, may adopt rules for issuing and 7 accepting a certification of participation in and compliance 8 with a 24-7 sobriety program. This subsection shall be 9 construed and implemented to comply with 23 U.S.C. §164(a), as 10 amended by the federal Fixing America’s Surface Transportation 11 Act, Pub. L. No. 114-94, §1414, and shall not apply if such 12 application results in a finding of noncompliance with 23 13 U.S.C. §164 that results or will result in a reservation 14 or transfer of funds pursuant to 23 U.S.C. §164(b). This 15 subsection shall not authorize the operation of a motor vehicle 16 for any purpose not otherwise authorized by this chapter. 17 -12- SF 2190 (3) 86 ns/nh/jh 12/ 12