Senate
File
2261
-
Reprinted
SENATE
FILE
2261
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3015)
(COMPANION
TO
LSB
5491HV
BY
COMMITTEE
ON
PUBLIC
SAFETY)
(As
Amended
and
Passed
by
the
Senate
April
1,
2024
)
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
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Section
1.
Section
321J.4,
subsections
2
and
4,
Code
2024,
1
are
amended
to
read
as
follows:
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been
revoked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
12
to
chemical
testing
and
has
had
a
previous
revocation
under
13
this
chapter
.
The
department
shall
require
the
defendant
to
14
install
an
ignition
interlock
device
of
a
type
approved
by
the
15
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
16
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
17
license.
A
temporary
restricted
license
shall
not
be
granted
18
by
the
department
until
the
defendant
installs
the
ignition
19
interlock
device.
20
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
21
violation
of
section
321J.2
,
the
department
shall
revoke
the
22
defendant’s
driver’s
license
or
nonresident
operating
privilege
23
for
a
period
of
six
years.
The
department
shall
require
the
24
defendant
to
install
an
ignition
interlock
device
of
a
type
25
approved
by
the
commissioner
of
public
safety
on
all
vehicles
26
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
27
temporary
restricted
license.
A
temporary
restricted
license
28
shall
not
be
granted
by
the
department
until
the
defendant
29
installs
the
ignition
interlock
device.
30
Sec.
2.
Section
321J.4,
subsection
8,
paragraphs
a,
b,
c,
31
and
d,
Code
2024,
are
amended
to
read
as
follows:
32
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
33
judgment
for
a
violation
of
section
321J.2
,
the
court
may
34
order
the
defendant
to
install
ignition
interlock
devices
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of
a
type
approved
by
the
commissioner
of
public
safety
on
1
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
2
without
tampering
or
the
intervention
of
another
person,
would
3
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
4
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
5
commissioner
of
public
safety.
However,
if
the
defendant
has
6
had
no
previous
conviction
or
revocation
under
this
chapter
,
7
the
court’s
order
shall
require
the
defendant
to
install
8
approved
ignition
interlock
devices
only
on
all
motor
vehicles
9
operated
by
the
defendant.
10
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
11
approve
certain
ignition
interlock
devices
and
the
means
of
12
installation
of
the
devices,
and
shall
establish
the
level
of
13
alcohol
concentration
beyond
which
an
ignition
interlock
device
14
will
not
allow
operation
of
the
motor
vehicle
in
which
it
is
15
installed
,
in
accordance
with
section
321J.17A
.
16
c.
The
order
to
install
ignition
interlock
devices
shall
17
remain
in
effect
for
a
period
of
time
as
determined
by
the
18
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
19
which
the
court
could
have
imposed
according
to
the
nature
of
20
the
violation
,
unless
otherwise
extended
under
this
chapter
.
21
While
the
order
is
in
effect,
the
defendant
shall
not
operate
22
a
motor
vehicle
which
does
not
have
an
approved
ignition
23
interlock
device
installed.
24
d.
If
the
defendant’s
driver’s
license
or
nonresident
25
operating
privilege
has
been
revoked,
the
department
shall
not
26
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
27
without
certification
that
approved
ignition
interlock
devices
28
have
been
installed
on
all
motor
vehicles
owned
or
operated
by
29
the
defendant
while
the
order
is
in
effect.
However,
if
the
30
defendant
has
had
no
previous
conviction
or
revocation
under
31
this
chapter
,
the
department
shall
require
certification
that
32
approved
ignition
interlock
devices
have
been
installed
only
on
33
all
motor
vehicles
operated
by
the
defendant.
34
Sec.
3.
Section
321J.4,
subsection
8,
Code
2024,
is
amended
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
g.
An
ignition
interlock
device
provider
2
shall
not
impose
an
early
termination
fee
if
the
defendant
is
3
no
longer
required
to
have
a
device
installed
and
presents
an
4
unrestricted
driver’s
license
to
the
provider
prior
to
the
5
end
of
the
term
for
which
the
provider
agreed
to
provide
the
6
defendant
with
a
device.
7
Sec.
4.
Section
321J.9,
subsection
2,
Code
2024,
is
amended
8
to
read
as
follows:
9
2.
The
department
shall
require
the
defendant
to
install
10
an
ignition
interlock
device
of
a
type
approved
by
the
11
commissioner
of
public
safety
on
all
vehicles
owned
or
12
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
13
restricted
license.
However,
if
the
defendant
has
had
no
14
previous
conviction
or
revocation
under
this
chapter
,
the
15
department
shall
only
require
the
defendant
to
install
an
16
approved
ignition
interlock
device
on
all
vehicles
operated
by
17
the
defendant
if
the
defendant
seeks
a
temporary
restricted
18
license.
A
temporary
restricted
license
shall
not
be
granted
19
by
the
department
until
the
defendant
installs
the
ignition
20
interlock
device.
21
Sec.
5.
Section
321J.12,
subsection
2,
Code
2024,
is
amended
22
to
read
as
follows:
23
2.
The
department
shall
require
the
defendant
to
install
24
an
ignition
interlock
device
of
a
type
approved
by
the
25
commissioner
of
public
safety
on
all
vehicles
owned
or
26
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
27
restricted
license.
However,
if
the
defendant
has
had
no
28
previous
conviction
or
revocation
under
this
chapter
,
the
29
department
shall
only
require
the
defendant
to
install
an
30
approved
ignition
interlock
device
on
all
vehicles
operated
by
31
the
defendant
if
the
defendant
seeks
a
temporary
restricted
32
license.
A
temporary
restricted
license
shall
not
be
granted
33
by
the
department
until
the
defendant
installs
the
ignition
34
interlock
device.
35
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Sec.
6.
Section
321J.17,
subsection
3,
Code
2024,
is
amended
1
to
read
as
follows:
2
3.
a.
The
department
shall
also
require
certification
of
3
installation
of
an
ignition
interlock
device
of
a
type
approved
4
by
the
commissioner
of
public
safety
on
all
motor
vehicles
5
owned
or
operated
by
any
a
person
seeking
reinstatement
6
following
a
second
or
subsequent
revocation
under
section
7
321J.4,
321J.9,
or
321J.12
this
chapter,
or
following
a
8
conviction
for
violating
section
321J.21
.
The
9
b.
Unless
otherwise
extended
under
this
chapter,
the
10
requirement
for
the
installation
of
an
approved
ignition
11
interlock
device
shall
be
for
one
year
from
the
date
of
12
reinstatement
unless
a
longer
time
period
is
required
by
13
statute.
14
c.
The
one-year
period
of
time
a
person
is
required
to
15
maintain
an
ignition
interlock
device
under
this
subsection
16
shall
be
reduced
by
any
period
of
time
the
person
held
a
17
valid
temporary
restricted
license
during
the
period
of
the
18
revocation
for
the
occurrence
from
which
the
arrest
arose.
19
d.
The
period
of
time
a
person
is
required
to
maintain
20
an
ignition
interlock
device
under
this
subsection
shall
be
21
increased
if
required
in
accordance
with
the
compliance-based
22
removal
procedures
provided
in
section
321J.17A.
23
e.
A
person
shall
not
operate
any
motor
vehicle
which
24
is
not
equipped
with
an
approved
ignition
interlock
device
25
during
the
period
in
which
an
ignition
interlock
device
must
be
26
maintained,
and
the
department
shall
not
grant
reinstatement
27
unless
the
person
certifies
installation
of
an
ignition
28
interlock
device
as
required
in
this
subsection
.
In
addition
29
to
other
penalties
provided
by
law,
the
department
shall
revoke
30
the
driver’s
license
of
a
person
who
is
required
to
maintain
31
an
ignition
interlock
device
if
the
person
operates
a
motor
32
vehicle
which
does
not
have
an
approved
ignition
interlock
33
device
or
removes
the
ignition
interlock
device
without
34
authorization.
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f.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
1
to
implement
this
subsection.
2
Sec.
7.
NEW
SECTION
.
321J.17A
Compliance-based
removal.
3
1.
The
period
of
time
a
person
is
required
to
maintain
an
4
ignition
interlock
device
under
section
321J.17
or
321J.20
5
shall
be
extended
by
an
additional
sixty
days
per
occurrence
6
for
any
of
the
following
occurrences
detected
by
an
ignition
7
interlock
device:
8
a.
Ten
or
more
violations
within
a
thirty-day
period.
9
b.
Five
or
more
violations
within
a
twenty-four-hour
period.
10
c.
Tampering
with
or
attempting
to
circumvent
the
ignition
11
interlock
device.
12
d.
Removing
the
ignition
interlock
device
without
13
authorization.
14
2.
Nothing
in
this
section
limits
the
number
of
subsequent
15
extensions
a
person
may
receive
following
an
occurrence
16
detected
by
an
ignition
interlock
device.
17
3.
The
department
shall
develop
an
electronic
process
in
18
which
an
approved
ignition
interlock
device
provider
is
able
to
19
identify
the
start
date
of
a
driver’s
license
revocation
and
to
20
provide
notice
of
any
violations
and
a
final
compliance
report
21
to
the
department.
22
4.
a.
For
purposes
of
this
section,
a
violation
includes
23
any
of
the
following:
24
(1)
Failing
to
provide
a
detectable
breath
sample
to
the
25
ignition
interlock
device
when
prompted
by
the
device.
26
(2)
Providing
a
breath
sample
to
an
ignition
interlock
27
device
with
an
alcohol
concentration
of
.04
or
more.
28
b.
Notwithstanding
paragraph
“a”
,
it
is
not
a
violation
29
under
this
section
if
a
person
provides
a
detectable
breath
30
sample
and
successfully
passes
a
test
immediately
following
the
31
first
failed
test
or
in
response
to
a
bypass
or
circumvention
32
attempt
as
described
in
paragraph
“a”
,
and
a
violation
shall
not
33
be
reported.
34
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
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prescribing
the
form
and
manner
of
communication
pursuant
to
1
this
section,
and
may
otherwise
adopt
rules
as
necessary
to
2
administer
this
section.
3
Sec.
8.
Section
321J.20,
subsections
1,
2,
3,
and
7,
Code
4
2024,
are
amended
to
read
as
follows:
5
1.
The
department
may,
on
application,
issue
a
temporary
6
restricted
license
to
a
person
whose
noncommercial
driver’s
7
license
is
revoked
under
this
chapter
,
or
revoked
or
suspended
8
under
chapter
321
solely
for
violations
of
this
chapter,
or
who
9
has
been
determined
to
be
a
habitual
offender
under
chapter
321
10
based
solely
on
violations
of
this
chapter
or
on
violations
11
listed
in
section
321.560,
subsection
1
,
paragraph
“b”
,
12
allowing
the
person
to
operate
a
motor
vehicle
in
any
manner
13
allowed
for
a
person
issued
a
valid
class
C
driver’s
license,
14
unless
otherwise
prohibited
by
this
chapter
.
This
subsection
15
does
not
apply
to
a
person
under
the
age
of
eighteen
whose
16
license
was
revoked
under
section
321J.2A
,
to
a
person
whose
17
license
was
revoked
under
section
321J.4,
subsection
6
,
for
the
18
period
during
which
the
person
is
ineligible
for
a
temporary
19
restricted
license,
or
to
a
person
whose
license
is
suspended
20
or
revoked
for
another
reason.
21
2.
A
temporary
restricted
license
issued
under
this
section
22
shall
not
be
issued
until
the
applicant
installs
an
approved
23
ignition
interlock
device
on
all
motor
vehicles
owned
or
24
operated
by
the
applicant.
However,
if
the
applicant
has
25
had
no
previous
conviction
or
revocation
under
this
chapter
,
26
a
temporary
restricted
license
issued
under
this
section
27
shall
not
be
issued
until
the
applicant
installs
an
approved
28
ignition
interlock
device
on
all
motor
vehicles
operated
by
29
the
applicant.
Installation
of
an
ignition
interlock
device
30
under
this
section
shall
be
required
for
the
period
of
time
31
for
which
the
temporary
restricted
license
is
issued,
and
for
32
such
additional
period
of
time
following
reinstatement
as
33
is
required
under
section
321J.17,
subsection
3
.
However,
34
a
person
whose
driver’s
license
or
nonresident
operating
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privilege
has
been
revoked
under
section
321J.21
may
apply
to
1
the
department
for
a
temporary
restricted
license
without
the
2
requirement
of
an
ignition
interlock
device
if
at
least
twelve
3
years
have
elapsed
since
the
end
of
the
underlying
revocation
4
period
for
a
violation
of
section
321J.2
.
5
3.
In
addition
to
other
penalties
provided
by
law,
a
6
person’s
temporary
restricted
license
shall
be
revoked
if
the
7
person
is
required
to
install
an
ignition
interlock
device
and
8
the
person
does
any
of
the
following:
9
a.
Operates
operates
a
motor
vehicle
which
does
not
have
10
an
approved
ignition
interlock
device
or
removes
the
ignition
11
interlock
device
without
authorization
.
12
b.
Tampers
with
or
circumvents
an
ignition
interlock
device.
13
7.
A
person
who
tampers
with
,
removes
without
14
authorization,
or
circumvents
an
ignition
interlock
device
15
installed
as
required
in
this
chapter
and
while
the
requirement
16
for
the
ignition
interlock
device
is
in
effect
commits
a
17
serious
misdemeanor.
18
Sec.
9.
NEW
SECTION
.
321J.20A
Ignition
interlock
device
——
19
medical
waiver.
20
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
21
establishing
criteria
to
waive
the
requirement
to
install
an
22
ignition
interlock
device
under
this
chapter
if
a
person
has
23
a
verifiable
medical
condition,
as
determined
in
accordance
24
with
the
rules,
that
makes
the
person
incapable
of
properly
25
operating
an
ignition
interlock
device.
The
rules
must
26
align
with
the
special
exception
provisions
under
23
U.S.C.
27
§164(a)(6).
28
2.
Notwithstanding
any
other
provision
of
this
chapter
29
to
the
contrary,
if
the
department
waives
the
requirement
30
to
install
an
ignition
interlock
device,
the
person
is
not
31
required
to
install
an
ignition
interlock
device
to
receive
a
32
temporary
restricted
license.
33
3.
A
temporary
restricted
license
issued
to
a
person
who
34
received
a
medical
waiver
pursuant
to
this
section
shall
only
35
-7-
SF
2261
(2)
90
th/ns/mb
7/
8
S.F.
2261
authorize
the
person
to
operate
a
motor
vehicle
as
described
in
1
section
321.215,
subsection
1,
paragraph
“a”
.
2
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
3
2025.
4
Sec.
11.
APPLICABILITY.
This
Act
applies
to
driver’s
5
license
revocations
under
chapter
321J,
as
amended
in
this
6
Act,
for
which
the
underlying
offense
occurred
on
or
after
the
7
effective
date
of
this
Act.
8
-8-
SF
2261
(2)
90
th/ns/mb
8/
8