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House File 585 - IntroducedA Bill ForAn Act 1relating to the Iowa sobriety and drug monitoring
2program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.20, subsection 9, Code 2019, is
2amended to read as follows:
39. Notwithstanding any other provision of law to the
4contrary, in any circumstance in which this chapter requires
5the installation of an ignition interlock device in all
6vehicles owned or operated by a person as a condition of
7the person’s license or privilege to operate noncommercial
8motor vehicles, the department shall require the person to
9be a participant in and in compliance with a sobriety and
10drug monitoring program established pursuant to chapter 901D,
11for not less than ninety days, if the person’s offense under
12this chapter qualifies as an eligible offense as defined
13in section 901D.2, and the person’s offense occurred in a
14participating jurisdiction, as defined in section 901D.2. A
15person required to participate in and comply with a sobriety
16and drug monitoring program must not have failed a test result
17or have missed a required testing during the thirty-day period
18immediately preceding the end of the person’s participation in
19the program. The department of public safety shall notify the
20department when the person has completed participation in the
21sobriety and drug monitoring program. This subsection shall
22not apply if the court enters an order finding the person is
23not required to participate in a sobriety and drug monitoring
24program. The department, in consultation with the department
25of public safety, may adopt rules for issuing and accepting a
26certification of participation in and compliance with a program
27established pursuant to chapter 901D. This subsection shall be
28construed and implemented to comply with 23 U.S.C.§164(a), as
29amended by the federal Fixing America’s Surface Transportation
30Act, Pub.L. No.114-94, §1414, and shall not apply if such
31application results in a finding of noncompliance with 23
32U.S.C.§164 that results or will result in a reservation
33or transfer of funds pursuant to 23 U.S.C.§164(b). This
34subsection shall not authorize the operation of a motor vehicle
35for any purpose not otherwise authorized by this chapter.
-1-1 Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
2to read as follows:
32. An order or directive placing a participant in the
4program shall include the type of testing required to be
5administered in the program and the length of time that the
6participant is required to remain in the program which shall
7be for no less than ninety days. The order or directive
8shall additionally require that the participant not have
9failed a test result or have missed a required testing during
10the thirty-day period immediately preceding the end of
11participation in the program. The person issuing the order or
12directive shall send a copy of the order or directive to the
13law enforcement agency of the participating jurisdiction.
14 Sec. 3. Section 901D.10, Code 2019, is amended to read as
15follows:
16901D.10 Report and repeal.
171. The department, in consultation with the judicial branch
18and the department of transportation, shall by December 1,
192021 2023, submit a report to the general assembly detailing
20the effectiveness of the program established pursuant to
21this chapter and shall make recommendations concerning the
22continued implementation of the program or the elimination of
23the program.
242. This chapter is repealed July 1, 2022 2024.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the Iowa sobriety and drug monitoring
29program.
30The bill provides that an order or directive requiring a
31person to participate in the sobriety and drug monitoring
32program (Code chapter 901D) shall be for no less than 90 days
33and requires a participant to have not failed a test result or
34missed a required testing during the 30-day period immediately
35preceding the end of participation in the program.
-2- 1The bill requires the department of public safety to notify
2the department of transportation when a participant has
3completed participation in the sobriety and drug monitoring
4program.
5The bill requires the department of public safety to submit
6a report to the general assembly by December 1, 2023, detailing
7the effectiveness of the program and to make recommendations
8concerning the continued implementation of the program or the
9elimination of the program.
10The bill repeals Code chapter 901D on July 1, 2024.
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2program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.20, subsection 9, Code 2019, is
2amended to read as follows:
39. Notwithstanding any other provision of law to the
4contrary, in any circumstance in which this chapter requires
5the installation of an ignition interlock device in all
6vehicles owned or operated by a person as a condition of
7the person’s license or privilege to operate noncommercial
8motor vehicles, the department shall require the person to
9be a participant in and in compliance with a sobriety and
10drug monitoring program established pursuant to chapter 901D,
11for not less than ninety days, if the person’s offense under
12this chapter qualifies as an eligible offense as defined
13in section 901D.2, and the person’s offense occurred in a
14participating jurisdiction, as defined in section 901D.2. A
15person required to participate in and comply with a sobriety
16and drug monitoring program must not have failed a test result
17or have missed a required testing during the thirty-day period
18immediately preceding the end of the person’s participation in
19the program. The department of public safety shall notify the
20department when the person has completed participation in the
21sobriety and drug monitoring program. This subsection shall
22not apply if the court enters an order finding the person is
23not required to participate in a sobriety and drug monitoring
24program. The department, in consultation with the department
25of public safety, may adopt rules for issuing and accepting a
26certification of participation in and compliance with a program
27established pursuant to chapter 901D. This subsection shall be
28construed and implemented to comply with 23 U.S.C.§164(a), as
29amended by the federal Fixing America’s Surface Transportation
30Act, Pub.L. No.114-94, §1414, and shall not apply if such
31application results in a finding of noncompliance with 23
32U.S.C.§164 that results or will result in a reservation
33or transfer of funds pursuant to 23 U.S.C.§164(b). This
34subsection shall not authorize the operation of a motor vehicle
35for any purpose not otherwise authorized by this chapter.
-1-1 Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
2to read as follows:
32. An order or directive placing a participant in the
4program shall include the type of testing required to be
5administered in the program and the length of time that the
6participant is required to remain in the program which shall
7be for no less than ninety days. The order or directive
8shall additionally require that the participant not have
9failed a test result or have missed a required testing during
10the thirty-day period immediately preceding the end of
11participation in the program. The person issuing the order or
12directive shall send a copy of the order or directive to the
13law enforcement agency of the participating jurisdiction.
14 Sec. 3. Section 901D.10, Code 2019, is amended to read as
15follows:
16901D.10 Report and repeal.
171. The department, in consultation with the judicial branch
18and the department of transportation, shall by December 1,
192021 2023, submit a report to the general assembly detailing
20the effectiveness of the program established pursuant to
21this chapter and shall make recommendations concerning the
22continued implementation of the program or the elimination of
23the program.
242. This chapter is repealed July 1, 2022 2024.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the Iowa sobriety and drug monitoring
29program.
30The bill provides that an order or directive requiring a
31person to participate in the sobriety and drug monitoring
32program (Code chapter 901D) shall be for no less than 90 days
33and requires a participant to have not failed a test result or
34missed a required testing during the 30-day period immediately
35preceding the end of participation in the program.
-2- 1The bill requires the department of public safety to notify
2the department of transportation when a participant has
3completed participation in the sobriety and drug monitoring
4program.
5The bill requires the department of public safety to submit
6a report to the general assembly by December 1, 2023, detailing
7the effectiveness of the program and to make recommendations
8concerning the continued implementation of the program or the
9elimination of the program.
10The bill repeals Code chapter 901D on July 1, 2024.
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