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House File 16 - IntroducedA Bill ForAn Act 1relating to ignition interlock device requirements for a
2first operating-while-intoxicated offense.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.2, subsection 3, paragraph d, Code
22019, is amended to read as follows:
3d. Revocation of the person’s driver’s license for a minimum
4period of one hundred eighty days up to a maximum revocation
5period of one year, pursuant to section 321J.4, subsection
61, section 321J.9, or section 321J.12. The department shall
7require the defendant to install an ignition interlock device
8of a type approved by the commissioner of public safety on all
9vehicles owned or operated by the defendant if the defendant
10seeks a temporary restricted license.
11 Sec. 2. Section 321J.4, subsections 1 and 3, Code 2019, are
12amended to read as follows:
131. If a defendant is convicted of a violation of section
14321J.2 and the defendant’s driver’s license or nonresident
15operating privilege has not been revoked under section 321J.9
16or 321J.12 for the occurrence from which the arrest arose, the
17department shall revoke the defendant’s driver’s license or
18nonresident operating privilege for one hundred eighty days
19if the defendant submitted to chemical testing and has had
20no previous conviction or revocation under this chapter and
21shall revoke the defendant’s driver’s license or nonresident
22operating privilege for one year if the defendant refused to
23submit to chemical testing and has had no previous conviction
24or revocation under this chapter. The department shall require
25the defendant to install an ignition interlock device of a type
26approved by the commissioner of public safety on all vehicles
27owned or operated by the defendant if the defendant seeks a
28temporary restricted license.
293. If the court defers judgment pursuant to section 907.3
30for a violation of section 321J.2, and if the defendant’s
31driver’s license or nonresident operating privilege has not
32been revoked under section 321J.9 or 321J.12, or has not
33otherwise been revoked for the occurrence from which the arrest
34arose, the department shall revoke the defendant’s driver’s
35license or nonresident operating privilege for a period of
-1-1not less than thirty days nor more than ninety days. The
2department shall require the defendant to install an ignition
3interlock device of a type approved by the commissioner
4of public safety on all vehicles owned or operated by the
5defendant if the defendant seeks a temporary restricted
6license.
7 Sec. 3. Section 321J.4, subsection 8, paragraphs a and d,
8Code 2019, are amended to read as follows:
9a. On a conviction for or as a condition of a deferred
10judgment for a violation of section 321J.2, the court may
11order the defendant to install ignition interlock devices
12of a type approved by the commissioner of public safety on
13all motor vehicles owned or operated by the defendant which,
14without tampering or the intervention of another person, would
15prevent the defendant from operating the motor vehicle with an
16alcohol concentration greater than a level set by rule of the
17commissioner of public safety. However, if the defendant has
18had no previous conviction or revocation under this chapter,
19the court’s order shall require the defendant to install
20approved ignition interlock devices only on all motor vehicles
21operated by the defendant.
22d. If the defendant’s driver’s license or nonresident
23operating privilege has been revoked, the department shall not
24issue a temporary permit or a driver’s license to the person
25without certification that approved ignition interlock devices
26have been installed in on all motor vehicles owned or operated
27by the defendant while the order is in effect. However, if the
28defendant has had no previous conviction or revocation under
29this chapter, the department shall require certification that
30approved ignition interlock devices have been installed only on
31all motor vehicles operated by the defendant.
32 Sec. 4. Section 321J.9, subsection 2, Code 2019, is amended
33to read as follows:
342. The department shall require the defendant to install
35an ignition interlock device of a type approved by the
-2-1commissioner of public safety on all vehicles owned or
2operated by the defendant if the defendant seeks a temporary
3restricted license. However, if the defendant has had no
4previous conviction or revocation under this chapter, the
5department shall only require the defendant to install an
6approved ignition interlock device on all vehicles operated by
7the defendant if the defendant seeks a temporary restricted
8license. A temporary restricted license shall not be granted
9by the department until the defendant installs the ignition
10interlock device.
11 Sec. 5. Section 321J.12, subsection 2, Code 2019, is amended
12to read as follows:
132. The department shall require the defendant to install
14an ignition interlock device of a type approved by the
15commissioner of public safety on all vehicles owned or operated
16by the defendant if the defendant seeks a temporary license.
17However, if the defendant has had no previous conviction or
18revocation under this chapter, the department shall only
19require the defendant to install an approved ignition interlock
20device on all vehicles operated by the defendant if the
21defendant seeks a temporary restricted license. A temporary
22restricted license shall not be granted by the department until
23the defendant installs the ignition interlock device.
24 Sec. 6. Section 321J.20, subsection 2, Code 2019, is amended
25to read as follows:
262. A temporary restricted license issued under this section
27shall not be issued until the applicant installs an approved
28ignition interlock device on all motor vehicles owned or
29operated by the applicant. However, if the applicant has
30had no previous conviction or revocation under this chapter,
31a temporary restricted license issued under this section
32shall not be issued until the applicant installs an approved
33ignition interlock device on all motor vehicles operated by
34the applicant. Installation of an ignition interlock device
35under this section shall be required for the period of time
-3-1for which the temporary restricted license is issued, and for
2such additional period of time following reinstatement as
3is required under section 321J.17, subsection 3. However,
4a person whose driver’s license or nonresident operating
5privilege has been revoked under section 321J.21 may apply to
6the department for a temporary restricted license without the
7requirement of an ignition interlock device if at least twelve
8years have elapsed since the end of the underlying revocation
9period for a violation of section 321J.2.
10 Sec. 7. Section 901D.3, subsection 2, paragraph b, Code
112019, is amended to read as follows:
12b. In order to participate in the program, a person shall be
13required to install an approved ignition interlock device on
14all motor vehicles owned or operated by the person. However,
15if the person has had no previous conviction or revocation
16under chapter 321J, the person shall only be required to
17install an approved ignition interlock device on all motor
18vehicles operated by the person.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22Under current law, if a person seeks a temporary restricted
23license following an operating-while-intoxicated (OWI)
24offense, the person is required to install an approved ignition
25interlock device on all motor vehicles owned or operated by
26the person. This bill requires a person seeking a temporary
27restricted license following a first OWI offense to install an
28approved ignition interlock device only on all motor vehicles
29operated by the person. The bill makes corresponding changes
30to Code chapters 321J (operating while intoxicated) and 901D
31(sobriety and drug monitoring program).
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2first operating-while-intoxicated offense.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.2, subsection 3, paragraph d, Code
22019, is amended to read as follows:
3d. Revocation of the person’s driver’s license for a minimum
4period of one hundred eighty days up to a maximum revocation
5period of one year, pursuant to section 321J.4, subsection
61, section 321J.9, or section 321J.12. The department shall
7require the defendant to install an ignition interlock device
8of a type approved by the commissioner of public safety on all
9vehicles owned or operated by the defendant if the defendant
10seeks a temporary restricted license.
11 Sec. 2. Section 321J.4, subsections 1 and 3, Code 2019, are
12amended to read as follows:
131. If a defendant is convicted of a violation of section
14321J.2 and the defendant’s driver’s license or nonresident
15operating privilege has not been revoked under section 321J.9
16or 321J.12 for the occurrence from which the arrest arose, the
17department shall revoke the defendant’s driver’s license or
18nonresident operating privilege for one hundred eighty days
19if the defendant submitted to chemical testing and has had
20no previous conviction or revocation under this chapter and
21shall revoke the defendant’s driver’s license or nonresident
22operating privilege for one year if the defendant refused to
23submit to chemical testing and has had no previous conviction
24or revocation under this chapter. The department shall require
25the defendant to install an ignition interlock device of a type
26approved by the commissioner of public safety on all vehicles
27owned or operated by the defendant if the defendant seeks a
28temporary restricted license.
293. If the court defers judgment pursuant to section 907.3
30for a violation of section 321J.2, and if the defendant’s
31driver’s license or nonresident operating privilege has not
32been revoked under section 321J.9 or 321J.12, or has not
33otherwise been revoked for the occurrence from which the arrest
34arose, the department shall revoke the defendant’s driver’s
35license or nonresident operating privilege for a period of
-1-1not less than thirty days nor more than ninety days. The
2department shall require the defendant to install an ignition
3interlock device of a type approved by the commissioner
4of public safety on all vehicles owned or operated by the
5defendant if the defendant seeks a temporary restricted
6license.
7 Sec. 3. Section 321J.4, subsection 8, paragraphs a and d,
8Code 2019, are amended to read as follows:
9a. On a conviction for or as a condition of a deferred
10judgment for a violation of section 321J.2, the court may
11order the defendant to install ignition interlock devices
12of a type approved by the commissioner of public safety on
13all motor vehicles owned or operated by the defendant which,
14without tampering or the intervention of another person, would
15prevent the defendant from operating the motor vehicle with an
16alcohol concentration greater than a level set by rule of the
17commissioner of public safety. However, if the defendant has
18had no previous conviction or revocation under this chapter,
19the court’s order shall require the defendant to install
20approved ignition interlock devices only on all motor vehicles
21operated by the defendant.
22d. If the defendant’s driver’s license or nonresident
23operating privilege has been revoked, the department shall not
24issue a temporary permit or a driver’s license to the person
25without certification that approved ignition interlock devices
26have been installed in on all motor vehicles owned or operated
27by the defendant while the order is in effect. However, if the
28defendant has had no previous conviction or revocation under
29this chapter, the department shall require certification that
30approved ignition interlock devices have been installed only on
31all motor vehicles operated by the defendant.
32 Sec. 4. Section 321J.9, subsection 2, Code 2019, is amended
33to read as follows:
342. The department shall require the defendant to install
35an ignition interlock device of a type approved by the
-2-1commissioner of public safety on all vehicles owned or
2operated by the defendant if the defendant seeks a temporary
3restricted license. However, if the defendant has had no
4previous conviction or revocation under this chapter, the
5department shall only require the defendant to install an
6approved ignition interlock device on all vehicles operated by
7the defendant if the defendant seeks a temporary restricted
8license. A temporary restricted license shall not be granted
9by the department until the defendant installs the ignition
10interlock device.
11 Sec. 5. Section 321J.12, subsection 2, Code 2019, is amended
12to read as follows:
132. The department shall require the defendant to install
14an ignition interlock device of a type approved by the
15commissioner of public safety on all vehicles owned or operated
16by the defendant if the defendant seeks a temporary license.
17However, if the defendant has had no previous conviction or
18revocation under this chapter, the department shall only
19require the defendant to install an approved ignition interlock
20device on all vehicles operated by the defendant if the
21defendant seeks a temporary restricted license. A temporary
22restricted license shall not be granted by the department until
23the defendant installs the ignition interlock device.
24 Sec. 6. Section 321J.20, subsection 2, Code 2019, is amended
25to read as follows:
262. A temporary restricted license issued under this section
27shall not be issued until the applicant installs an approved
28ignition interlock device on all motor vehicles owned or
29operated by the applicant. However, if the applicant has
30had no previous conviction or revocation under this chapter,
31a temporary restricted license issued under this section
32shall not be issued until the applicant installs an approved
33ignition interlock device on all motor vehicles operated by
34the applicant. Installation of an ignition interlock device
35under this section shall be required for the period of time
-3-1for which the temporary restricted license is issued, and for
2such additional period of time following reinstatement as
3is required under section 321J.17, subsection 3. However,
4a person whose driver’s license or nonresident operating
5privilege has been revoked under section 321J.21 may apply to
6the department for a temporary restricted license without the
7requirement of an ignition interlock device if at least twelve
8years have elapsed since the end of the underlying revocation
9period for a violation of section 321J.2.
10 Sec. 7. Section 901D.3, subsection 2, paragraph b, Code
112019, is amended to read as follows:
12b. In order to participate in the program, a person shall be
13required to install an approved ignition interlock device on
14all motor vehicles owned or operated by the person. However,
15if the person has had no previous conviction or revocation
16under chapter 321J, the person shall only be required to
17install an approved ignition interlock device on all motor
18vehicles operated by the person.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22Under current law, if a person seeks a temporary restricted
23license following an operating-while-intoxicated (OWI)
24offense, the person is required to install an approved ignition
25interlock device on all motor vehicles owned or operated by
26the person. This bill requires a person seeking a temporary
27restricted license following a first OWI offense to install an
28approved ignition interlock device only on all motor vehicles
29operated by the person. The bill makes corresponding changes
30to Code chapters 321J (operating while intoxicated) and 901D
31(sobriety and drug monitoring program).
-4-ns/rh