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Senate Study Bill 1101 - IntroducedA Bill ForAn Act 1relating to public safety on highways, including the use
2of electronic communication devices while driving where such
3use results in death and the establishment of a statewide
4sobriety and drug monitoring program, and providing
5penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2homicide by vehicle — USE OF ELECTRONIC COMMUNICATION DEVICES
3WHILE DRIVING
4 Section 1. Section 707.6A, subsection 2, paragraph a, Code
52017, is amended to read as follows:
6a. Driving a motor vehicle in a reckless manner with willful
7or wanton disregard for the safety of persons or property, in
8violation of section 321.277.
9(1) For the purposes of this paragraph “a”, a person’s
10hand-held use of an electronic communication device while
11driving a motor vehicle shall be considered prima facie
12evidence that the person was driving the motor vehicle in a
13reckless manner with willful or wanton disregard for the safety
14of persons or property, in violation of section 321.277.
15(2) Subparagraph (1) shall not apply to any of the
16following:
17(a) A member of a public safety agency, as defined in
18section 34.1, performing official duties and acting in a
19reasonable manner.
20(b) A health care professional or emergency medical
21services provider in the course of an emergency situation
22acting in a reasonable manner.
23(c) A person using an electronic communication device in a
24hands-free or voice-operated mode, including but not limited
25to the use of a headset.
26(3) For the purposes of this paragraph “a”, the following
27definitions apply:
28(a) “Electronic communication device” means an electronic
29device capable of being used to compose, send, receive, or
30read an electronic message. “Electronic communication device”
31 includes but is not limited to telephones, personal digital
32assistants, and portable or mobile computers.
33(b) “Electronic message” means a self-contained piece of
34digital communication designed or intended to be transmitted
35between electronic communication devices. “Electronic message”
-1-1 includes but is not limited to video calls, electronic mail,
2text messages, instant messages, and commands or requests to
3access an internet site.
4DIVISION II
5STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
6 Sec. 2. LEGISLATIVE FINDINGS — PURPOSE.
71. The general assembly finds that operating a motor vehicle
8in this state is a privilege, not a right. A person who wishes
9to enjoy the benefits of this privilege shall accept the
10corresponding responsibilities.
112. The general assembly declares that the purpose of this
12division of this Act is to do all of the following:
13a. Protect the public health and welfare by reducing the
14number of people on the highways of this state who operate a
15motor vehicle under the influence of alcohol or a controlled
16substance.
17b. Protect the public health and welfare by reducing the
18number of repeat offenders who commit crimes in which the abuse
19of alcohol or a controlled substance is a contributing factor
20in the commission of the crime.
21c. Strengthen the pretrial and post-trial options available
22to prosecutors and judges in responding to repeat offenders who
23commit crimes in which the abuse of alcohol or a controlled
24substance is a contributing factor in the commission of the
25crime.
26d. Assure the timely and sober participation of offenders
27in judicial proceedings.
283. The general assembly declares that it is important to
29have a centralized repository for all information related to
30alcohol and controlled substance testing required by the laws
31of this state or as a condition of bond, pretrial release,
32sentence, probation, parole, or a temporary restricted license.
33 Sec. 3. NEW SECTION. 901D.1 Short title.
34This chapter shall be known and may be cited as the “Iowa
35Sobriety and Drug Monitoring Program Act”.
-2-1 Sec. 4. NEW SECTION. 901D.2 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Alcohol” means an alcoholic beverage as defined in
5section 321J.1.
62. “Controlled substance” means as defined in section
7124.101.
83. “Department” means the department of public safety.
94. “Eligible offense” means a criminal offense in which the
10abuse of alcohol or a controlled substance was a contributing
11factor in the commission of the offense, as determined by the
12court or governmental entity of the participating jurisdiction.
13“Eligible offense” includes but is not limited to a first
14offense of operating while intoxicated in violation of section
15321J.2 where the person’s alcohol concentration exceeded .15
16and an accident resulting in personal injury or property damage
17occurred, and a second or subsequent offense of operating while
18intoxicated in violation of section 321J.2.
195. “Immediate sanction” means a sanction that is applied
20within minutes of a failed test result.
216. “Law enforcement agency” means a law enforcement agency
22charged with enforcement of the program created under this
23chapter.
247. “Participating jurisdiction” means a county or other
25governmental entity that chooses to participate in the program
26created under this chapter.
278. “Sobriety and drug monitoring program” or “program” means
28the program established pursuant to section 901D.3.
299. “Testing” means a procedure or set of procedures
30performed to determine the presence of alcohol or a controlled
31substance in a person’s breath or bodily fluid, including
32blood, urine, saliva, and perspiration, and includes any
33combination of breath testing, drug patch testing, urine
34analysis testing, saliva testing, and continuous or transdermal
35alcohol monitoring. Subject to section 901D.3, the department
-3-1may approve additional testing methodologies or the testing of
2alternative bodily fluids.
310. “Timely sanction” means a sanction that is applied
4within hours or days after a failed test result. A timely
5sanction shall be applied as soon as possible, but the period
6between the failed test result and the application of the
7timely sanction shall not exceed five days.
8 Sec. 5. NEW SECTION. 901D.3 Program created.
91. The department of public safety shall establish a
10statewide sobriety and drug monitoring program to be used
11by participating jurisdictions, which shall be available
12twenty-four hours per day, seven days per week. Pursuant to
13the provisions of this chapter, a court or governmental entity,
14or an authorized officer thereof, within a participating
15jurisdiction may, as a condition of bond, pretrial release,
16sentence, probation, parole, or a temporary restricted license,
17do all of the following:
18a. Require a person who has been charged with, pled guilty
19to, or been convicted of an eligible offense to abstain from
20alcohol and controlled substances for a period of time.
21b. Require the person to be subject to testing to determine
22whether alcohol or a controlled substance is present in the
23person’s body in the following manner:
24(1) At least twice per day at a central location where an
25immediate sanction can be effectively applied.
26(2) Where testing under subparagraph (1) creates a
27documented hardship or is geographically impractical, by an
28alternative method approved by the department and consistent
29with this section where a timely sanction can be effectively
30applied.
312. a. A person who has been required to participate in the
32program by a court or governmental entity and whose driver’s
33license is suspended or revoked shall not begin participation
34in the program or be subject to the testing required by the
35program until the person is eligible for a temporary restricted
-4-1license under applicable law.
2b. In order to participate in the program, a person shall be
3required to install an approved ignition interlock device on
4all motor vehicles owned or operated by the person.
5c. A person wishing to participate in the program who has
6been charged with, pled guilty to, or been convicted of an
7eligible offense, but has not been required by a court or
8governmental entity to participate in the program, may apply
9to the court or governmental entity of the participating
10jurisdiction on a form created by the participating
11jurisdiction, and the court or governmental entity may order
12the person to participate in the program as a condition
13of bond, pretrial release, sentence, probation, parole,
14or a temporary restricted license. The application form
15shall include an itemization of all costs associated with
16participation in the program.
173. The program shall be evidence-based and shall satisfy at
18least two of the following requirements:
19a. The program is included in the United States substance
20abuse and mental health services administration’s national
21registry of evidence-based programs and practices.
22b. The program has been reported in a peer-reviewed journal
23as having positive effects on the primary targeted outcome.
24c. The program has been documented as effective by informed
25experts and other sources.
264. a. The core components of the program shall include
27the use of a primary testing methodology for determining the
28presence of alcohol or a controlled substance in a person that
29best facilitates the ability of a law enforcement agency to
30apply immediate sanctions for failed test results and that is
31available at an affordable cost.
32b. In cases of documented hardship or geographic
33impracticality, or in cases where a program participant
34has received less stringent testing requirements, testing
35methodologies that best facilitate the ability of a law
-5-1enforcement agency to apply timely sanctions for noncompliant
2test results may be utilized. For purposes of this section,
3hardship or geographic impracticality shall be determined by
4documentation and consideration of the following factors:
5(1) Whether a testing device is available.
6(2) Whether the participant is capable of paying the fees
7and costs associated with the testing device.
8(3) Whether the participant is capable of wearing the
9testing device.
10(4) Whether the participant fails to qualify for testing
11twice per day because of one or more of the following:
12(a) The participant lives in a rural area and submitting to
13testing twice per day would be unduly burdensome.
14(b) The participant’s employment requires the participant’s
15presence at a location remote from the testing location and
16submitting to testing twice per day would be unduly burdensome.
17(c) The participant has repeatedly violated the
18requirements of the program while submitting to testing twice
19per day and poses a substantial risk of continuing to violate
20the requirements of the program.
215. A jurisdiction wishing to participate in the program
22shall submit an application to the department. A jurisdiction
23shall not participate in the program unless the jurisdiction’s
24application for participation has been approved by the
25department. If a jurisdiction is approved for participation in
26the program, the department shall assist the jurisdiction in
27setting up and administering the program in that jurisdiction
28in compliance with this chapter.
296. a. If a jurisdiction participates in the program, the
30participating jurisdiction or a law enforcement agency of the
31participating jurisdiction may designate a third party to
32provide testing services or to take any other action required
33or authorized to be provided by the participating jurisdiction
34or law enforcement agency under this chapter, except a
35third-party designee shall not determine whether to participate
-6-1in the program.
2b. The participating jurisdiction, in consultation with the
3law enforcement agency of the participating jurisdiction, shall
4establish testing locations for the program.
57. Any efforts by the department to alter or modify a core
6component of the program shall include a documented strategy
7for achieving and measuring the effectiveness of the planned
8alteration or modification. Before the department alters or
9modifies a core component of the program, a pilot program
10with defined objectives and timelines shall be initiated, and
11measurements of the effectiveness and impact of the proposed
12alteration or modification to a core component shall be
13monitored. The data shall be assessed and the department
14shall make a determination as to whether the stated goals of
15the alteration or modification were achieved and whether the
16alteration or modification should be formally implemented into
17the program.
18 Sec. 6. NEW SECTION. 901D.4 Rulemaking — fees.
19The department shall adopt rules pursuant to chapter 17A to
20administer this chapter, including but not limited to rules
21regarding any of the following:
221. Providing for the nature and manner of testing, including
23the procedures and apparatus to be used for testing.
242. Establishing reasonable participant, enrollment, and
25testing fees for the program, including fees to pay the costs
26of installation, monitoring, and deactivation of any testing
27device. The fees shall be set at an amount such that the fees
28collected in a participating jurisdiction are sufficient to pay
29for the costs of the program in the participating jurisdiction,
30including all costs to the state associated with the program in
31the participating jurisdiction.
323. Providing for the application, acceptance, and use of
33public and private grants, gifts, and donations to support
34program activities.
354. Establishing a process for the identification and
-7-1management of indigent participants.
25. Providing for the creation and administration of a
3stakeholder group to review and recommend changes to the
4program.
56. Establishing a process for the submission and approval of
6applications from jurisdictions to participate in the program.
7 Sec. 7. NEW SECTION. 901D.5 Data management system.
81. The department shall provide for and approve the use
9of a program data management system that shall be used by
10the department and all participating jurisdictions to manage
11testing, test events, test results, data access, fees, the
12collection of fee payments, and the submission and collection
13of any required reports.
142. The data management system shall include but is not
15limited to all of the following features:
16a. A secure, remotely hosted, demonstrated, internet-based
17management application that allows multiple concurrent users to
18access and input information.
19b. The support of breath testing, continuous remote
20transdermal alcohol monitoring, drug patch testing, and urine
21analysis testing.
22c. The capability to track and store events including
23but not limited to participant enrollment, testing activity,
24accounting activity, and participating law enforcement agency
25activity.
26d. The capability to generate reports of system fields and
27data. The data management system shall allow reports to be
28generated as needed and on a scheduled basis, and shall allow
29reports to be exported over a network connection or by remote
30printing.
31e. The ability to identify program participants who have
32previously been enrolled in a similar program in this state or
33another state.
343. Unless otherwise required by federal law, all alcohol or
35controlled substance testing performed as a condition of bond,
-8-1pretrial release, sentence, probation, parole, or a temporary
2restricted license shall utilize and input results to the data
3management system.
44. The data management system shall contain sufficient
5security protocols to protect participants’ personal
6information from unauthorized use.
7 Sec. 8. NEW SECTION. 901D.6 Authority to order program
8participation.
91. A court or governmental entity, or an authorized officer
10thereof, in a participating jurisdiction may utilize the
11program as provided in this section. The program shall be a
12preferred program for offenders charged with or convicted of an
13eligible offense.
142. If a person convicted of a first offense of operating
15while intoxicated where the person’s alcohol concentration
16exceeded .15 and an accident resulting in personal injury or
17property damage occurred, or a second or subsequent offense of
18operating while intoxicated, has been required to participate
19in the program, has financial liability coverage pursuant
20to section 321.20B, and the minimum period of ineligibility
21for issuance of a temporary restricted license has expired
22pursuant to chapter 321J, the court may notify the department
23of transportation that, as a participant in the program, the
24person is eligible for a temporary restricted license pursuant
25to section 321J.20.
263. A court may condition any bond or pretrial release
27otherwise authorized by law for a person charged with an
28eligible offense upon participation in the program and payment
29of the fees established pursuant to section 901D.4.
304. A court may condition a suspended sentence or probation
31otherwise authorized by law for a person convicted of an
32eligible offense upon participation in the program and payment
33of the fees established pursuant to section 901D.4.
345. The board of parole, the department of corrections, or
35a parole officer may condition parole otherwise authorized
-9-1by law for a person convicted of an eligible offense upon
2participation in the program and payment of the fees
3established pursuant to section 901D.4.
4 Sec. 9. NEW SECTION. 901D.7 Placement and enrollment.
51. Subject to sections 901D.3 and 901D.6, a participant
6may be placed in the program as a condition of bond, pretrial
7release, sentence, probation, parole, or a temporary
8restricted license. However, a person who has been required to
9participate in the program by a court or governmental entity
10and whose driver’s license is suspended or revoked shall not
11begin participation in the program or be subject to the testing
12required by the program until the person is eligible for a
13temporary restricted license under applicable law.
142. An order or directive placing a participant in the
15program shall include the type of testing required to be
16administered in the program and the length of time that the
17participant is required to remain in the program. The person
18issuing the order or directive shall send a copy of the order
19or directive to the law enforcement agency of the participating
20jurisdiction.
213. Upon receipt of a copy of an order or directive,
22a representative of the law enforcement agency of the
23participating jurisdiction shall enroll a participant in the
24program prior to testing.
254. At the time of enrollment, a representative of the law
26enforcement agency of the participating jurisdiction shall
27enter the participant’s information into the data management
28system described in section 901D.5. The representative of
29the agency shall provide the participant with the appropriate
30materials required by the program, inform the participant that
31the participant’s information may be shared for law enforcement
32and reporting purposes, and provide the participant with
33information related to the required testing, procedures, and
34fees.
355. The participant shall sign a form stating that the
-10-1participant understands the program requirements and releases
2the participant’s information for law enforcement and reporting
3purposes.
46. A participant shall report to the program for testing for
5the length of time ordered by the court, the board of parole,
6the department of corrections, or a parole officer.
7 Sec. 10. NEW SECTION. 901D.8 Collection, distribution, and
8use of fees.
91. The law enforcement agency of a participating
10jurisdiction shall do all of the following:
11a. Establish and maintain a sobriety program account.
12b. Collect the participant, enrollment, and testing fees
13established pursuant to section 901D.4 and deposit the fees
14and any other funds received for the program into the sobriety
15program account for administration of the program.
162. A participant shall pay all fees directly to the law
17enforcement agency of the participating jurisdiction.
183. a. The law enforcement agency shall distribute a
19portion of the fees to any participating third-party designee
20in accordance with the agreement between the agency and the
21third-party designee.
22b. The remainder of the fees collected shall be deposited in
23the sobriety program account, and shall be used only for the
24purposes of administering and operating the program.
25 Sec. 11. NEW SECTION. 901D.9 Noncompliance.
261. An allegation that a participant failed a test, refused
27to submit to a test, or failed to appear for testing shall
28be communicated ex parte by the participating jurisdiction,
29a law enforcement agency of the participating jurisdiction,
30or the participating jurisdiction’s third-party designee to a
31magistrate as soon as practicable. A magistrate who receives
32such a communication may order the participant’s immediate
33incarceration pending a hearing on the allegation but lasting
34no longer than twenty-four hours after the issuance of the
35order, or if the participant failed to appear for testing as
-11-1scheduled, the magistrate may issue a warrant for the arrest of
2the participant for a violation of the terms of bond, pretrial
3release, sentence, probation, or parole, as applicable.
42. The magistrate may notify the department of
5transportation of the participant’s noncompliance and direct
6the department to withdraw any temporary restricted license
7issued to the participant and reinstate the remainder of any
8applicable license suspension or revocation period provided by
9law.
10 Sec. 12. NEW SECTION. 901D.10 Report and repeal.
111. The department, in consultation with the judicial branch
12and the department of transportation, shall by December 1,
132021, submit a report to the general assembly detailing the
14effectiveness of the program established pursuant to this
15chapter and shall make recommendations concerning the continued
16implementation of the program or the elimination of the
17program.
182. This chapter is repealed July 1, 2022.
19DIVISION III
20OPERATING WHILE INTOXICATED — SOBRIETY AND DRUG MONITORING
21PROGRAM PROVISIONS
22 Sec. 13. Section 321J.20, subsection 1, paragraph a,
23unnumbered paragraph 1, Code 2017, is amended to read as
24follows:
25The department may, on application, issue a temporary
26restricted license to a person whose noncommercial driver’s
27license is revoked under this chapter allowing the person to
28drive to and from the person’s home and specified places at
29specified times which can be verified by the department and
30which are required by the person’s full-time or part-time
31employment, continuing health care or the continuing health
32care of another who is dependent upon the person, continuing
33education while enrolled in an educational institution on a
34part-time or full-time basis and while pursuing a course of
35study leading to a diploma, degree, or other certification of
-12-1successful educational completion, substance abuse treatment,
2court-ordered community service responsibilities, and
3 appointments with the person’s parole or probation officer,
4and participation in a program established pursuant to chapter
5901D, if the person’s driver’s license has not been revoked
6previously under section 321J.4, 321J.9, or 321J.12 and if any
7of the following apply:
8 Sec. 14. Section 321J.20, subsection 2, paragraph a, Code
92017, is amended to read as follows:
10a. Notwithstanding section 321.560, the department may,
11on application, and upon the expiration of the minimum period
12of ineligibility for a temporary restricted license provided
13for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
14temporary restricted license to a person whose noncommercial
15driver’s license has either been revoked under this chapter, or
16revoked or suspended under chapter 321 solely for violations
17of this chapter, or who has been determined to be a habitual
18offender under chapter 321 based solely on violations of
19this chapter or on violations listed in section 321.560,
20subsection 1, paragraph “b”, and who is not eligible for a
21temporary restricted license under subsection 1. However,
22the department may not issue a temporary restricted license
23under this subsection for a violation of section 321J.2A or
24to a person under the age of twenty-one whose license is
25revoked under section 321J.4, 321J.9, or 321J.12. A temporary
26restricted license issued under this subsection may allow the
27person to drive to and from the person’s home and specified
28places at specified times which can be verified by the
29department and which are required by the person’s full-time or
30part-time employment; continuing education while enrolled in an
31educational institution on a part-time or full-time basis and
32while pursuing a course of study leading to a diploma, degree,
33or other certification of successful educational completion;
34or substance abuse treatment; or participation in a program
35established pursuant to chapter 901D.
-13-1 Sec. 15. Section 321J.20, subsection 3, Code 2017, is
2amended to read as follows:
33. If a person required to install an ignition interlock
4device or participate in a program established pursuant to
5chapter 901D operates a motor vehicle which does not have an
6approved ignition interlock device or while not in compliance
7with the program, or if the person tampers with or circumvents
8an ignition interlock device, in addition to other penalties
9provided, the person’s temporary restricted license shall be
10revoked.
11 Sec. 16. Section 321J.20, Code 2017, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 10. Notwithstanding any other provision of
14law to the contrary, in any circumstance in which this chapter
15requires the installation of an ignition interlock device in
16all vehicles owned or operated by a person as a condition of
17the person’s license or privilege to operate noncommercial
18motor vehicles, the department shall require the person to be
19a participant in and in compliance with a sobriety and drug
20monitoring program established pursuant to chapter 901D if the
21person’s offense under this chapter qualifies as an eligible
22offense as defined in section 901D.2, and the person’s offense
23occurred in a participating jurisdiction, as defined in section
24901D.2. 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.
-14-1 Sec. 17. FUTURE REPEAL. This division of this Act is
2repealed July 1, 2022.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6DIVISION I — HOMICIDE BY VEHICLE — USE OF ELECTRONIC
7COMMUNICATION DEVICES WHILE DRIVING. Current law provides
8that a person commits a class “C” felony when the person
9unintentionally causes the death of another person by driving
10a motor vehicle in a reckless manner with willful or wanton
11disregard for the safety of persons or property. A class “C”
12felony is punishable by imprisonment for not more than 10 years
13and a fine of at least $1,000 but not more than $10,000.
14This bill provides that for the purposes of that provision,
15a person’s hand-held use of an electronic communication device
16while driving a motor vehicle shall be considered prima facie
17evidence that the person was driving the motor vehicle in a
18reckless manner with willful or wanton disregard for the safety
19of persons or property. This provision does not apply to a
20member of a public safety agency performing official duties
21and acting in a reasonable manner, a health care professional
22or emergency medical services provider in the course of an
23emergency situation acting in a reasonable manner, or a person
24using an electronic communication device in a hands-free or
25voice-operated mode, including but not limited to the use of
26a headset.
27An electronic communication device is a device capable of
28being used to compose, send, receive, or read an electronic
29message, and includes telephones, personal digital assistants,
30and portable or mobile computers. An electronic message is
31a self-contained piece of digital communication designed or
32intended to be transmitted between electronic communication
33devices, and includes video calls, electronic mail, text
34messages, instant messages, and commands or requests to access
35an internet site.
-15- 1DIVISION II — STATEWIDE SOBRIETY AND DRUG MONITORING
2PROGRAM. The bill directs the department of public safety
3(DPS) to establish a statewide sobriety and drug monitoring
4program that is available 24 hours per day, seven days per
5week. Under the program, a court or governmental entity, as
6a condition of bond, pretrial release, sentence, probation,
7parole, or a temporary restricted license, may require a person
8who has been charged with, pled guilty to, or been convicted
9of an eligible offense to abstain from alcohol and controlled
10substances for a period of time. The bill provides that an
11eligible offense is a criminal offense in which the abuse of
12alcohol or a controlled substance was a contributing factor
13in the commission of the offense as determined by the court
14or governmental entity of the participating jurisdiction,
15including but not limited to a first offense of operating
16while intoxicated where the person’s alcohol concentration
17exceeded .15 and an accident resulting in personal injury or
18property damage occurred, and a second or subsequent offense
19of operating while intoxicated.
20The program requires a person to be subject to testing to
21determine whether alcohol or a controlled substance is present
22in the person’s body at least twice per day at a central
23location where an immediate sanction can be applied. Where
24such testing creates a documented hardship or is geographically
25impractical, an alternative method approved by DPS may be used.
26Hardship or geographic impracticality is determined by
27documentation and consideration of whether a testing device is
28available, whether the participant is capable of paying the
29fees and costs associated with the testing device, whether
30the participant is capable of wearing the testing device, and
31whether the participant fails to qualify for testing twice
32per day because the participant lives in a rural area, the
33participant’s employment requires the participant’s presence at
34a location remote from the testing location, or the participant
35has repeatedly violated the requirements of the program.
-16- 1The bill prohibits a person who has been required to
2participate in the program and whose driver’s license is
3suspended or revoked from participating in the program until
4the person is eligible for a temporary restricted license. A
5person must install an ignition interlock device on all motor
6vehicles owned or operated by the person to participate in
7the program. A person who has been charged with, pled guilty
8to, or been convicted of an eligible offense who has not
9been required to participate in the program may apply to the
10participating jurisdiction in order to participate.
11If a jurisdiction applies to and is approved by DPS to
12participate in the program, the bill requires DPS to assist the
13jurisdiction in setting up and administering the program. The
14participating jurisdiction must establish testing locations and
15may designate a third party to provide testing services.
16Any efforts by DPS to alter or modify the core components
17of the program are required to include a documented strategy
18for achieving and measuring the effectiveness of the planned
19alteration or modification. Before the core components of the
20program can be altered or modified, a pilot program must be
21initiated and monitored.
22The bill requires DPS to adopt rules providing for the nature
23and manner of testing; establishing reasonable fees; providing
24for the application, acceptance, and use of public and private
25grants, gifts, and donations; establishing a process for
26the identification and management of indigent participants;
27providing for the creation and administration of a stakeholder
28group to review and recommend changes to the program; and
29establishing a process for the submission and approval of
30applications from jurisdictions. The bill further requires the
31amount of the fees to be set at an amount such that the fees
32collected in a participating jurisdiction are sufficient to pay
33for the costs of the program in the participating jurisdiction,
34including all costs to the state.
35In addition, the bill requires DPS to provide for and approve
-17-1the use of a program data management system to be used by DPS
2and all participating jurisdictions to manage testing, test
3events, test results, data access, fees, the collection of fee
4payments, and the submission and collection of any required
5reports. The bill provides for certain required features of
6the data management system.
7A court may condition any bond or pretrial release otherwise
8authorized by law for a person charged with an eligible offense
9upon participation in the program and payment of the required
10fees. A court may also condition a suspended sentence or
11probation otherwise authorized by law for a person convicted
12of an eligible offense upon participation in the program
13and payment of the required fees. Likewise, the board of
14parole, the department of corrections, or a parole officer
15may condition parole otherwise authorized by law for a person
16convicted of an eligible offense upon participation in the
17program and payment of the required fees.
18The bill requires an order or directive placing a
19participant in the program to include the type of testing
20required to be administered and the length of time that the
21participant is required to remain in the program. At the
22time of enrollment, a representative of the law enforcement
23agency of a participating jurisdiction must enter the
24participant’s information into the data management system. The
25representative of the agency must provide the participant with
26the appropriate materials required by the program, inform the
27participant that the participant’s information may be shared
28for law enforcement and reporting purposes, and provide the
29participant with information related to the required testing,
30procedures, and fees.
31The bill provides that the law enforcement agency of a
32participating jurisdiction must establish and maintain a
33sobriety program account, and collect the required fees. The
34law enforcement agency must distribute a portion of the fees to
35any participating third-party designee in accordance with the
-18-1agreement between the agency and the third-party designee, and
2the remainder of the fees collected must be deposited in the
3participating jurisdiction’s sobriety program account and must
4be used only for the purposes of administering and operating
5the program.
6The bill requires allegations that a participant failed
7a test, refused to submit to a test, or failed to appear
8for testing to be communicated ex parte by the participating
9jurisdiction, a law enforcement agency of the participating
10jurisdiction, or the participating jurisdiction’s third-party
11designee to a magistrate as soon as practicable. A magistrate
12who receives such a communication may order the participant’s
13immediate incarceration pending a hearing on the allegation
14but lasting no longer than 24 hours after the issuance of the
15order, or if the participant failed to appear for testing as
16scheduled, the magistrate may issue a warrant for the arrest of
17the participant for a violation of the terms of bond, pretrial
18release, sentence, probation, or parole.
19Upon the failure of a participant to submit to or pass a
20test under the program, the court may notify the department
21of transportation (DOT) of the participant’s noncompliance
22and direct the DOT to withdraw the participant’s temporary
23restricted license and reinstate the remainder of the license
24suspension or revocation period.
25The bill requires DPS to submit a report to the general
26assembly detailing the effectiveness of the program and making
27recommendations by December 1, 2021. The sobriety and drug
28monitoring program is repealed July 1, 2022.
29DIVISION III — OPERATING WHILE INTOXICATED — SOBRIETY AND
30DRUG MONITORING PROGRAM PROVISIONS. The bill provides that a
31temporary restricted license issued under Code chapter 321J
32(operating while intoxicated) is valid for travel related to
33participation in a sobriety and drug monitoring program. In
34addition, the bill requires the DOT to revoke the temporary
35restricted license of a person operating a motor vehicle
-19-1while not in compliance with the person’s sobriety and drug
2monitoring program.
3The bill also provides that in any circumstance in which
4Code chapter 321J requires the installation of an ignition
5interlock device in all vehicles owned or operated by a person
6as a condition of the person’s license or privilege to operate
7noncommercial motor vehicles, the DOT must require the person
8to be a participant in and in compliance with a sobriety and
9drug monitoring program if the person’s offense under Code
10chapter 321J qualifies as an eligible offense and the person’s
11offense occurred in a participating jurisdiction.
-20-ns/nh
2of electronic communication devices while driving where such
3use results in death and the establishment of a statewide
4sobriety and drug monitoring program, and providing
5penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2homicide by vehicle — USE OF ELECTRONIC COMMUNICATION DEVICES
3WHILE DRIVING
4 Section 1. Section 707.6A, subsection 2, paragraph a, Code
52017, is amended to read as follows:
6a. Driving a motor vehicle in a reckless manner with willful
7or wanton disregard for the safety of persons or property, in
8violation of section 321.277.
9(1) For the purposes of this paragraph “a”, a person’s
10hand-held use of an electronic communication device while
11driving a motor vehicle shall be considered prima facie
12evidence that the person was driving the motor vehicle in a
13reckless manner with willful or wanton disregard for the safety
14of persons or property, in violation of section 321.277.
15(2) Subparagraph (1) shall not apply to any of the
16following:
17(a) A member of a public safety agency, as defined in
18section 34.1, performing official duties and acting in a
19reasonable manner.
20(b) A health care professional or emergency medical
21services provider in the course of an emergency situation
22acting in a reasonable manner.
23(c) A person using an electronic communication device in a
24hands-free or voice-operated mode, including but not limited
25to the use of a headset.
26(3) For the purposes of this paragraph “a”, the following
27definitions apply:
28(a) “Electronic communication device” means an electronic
29device capable of being used to compose, send, receive, or
30read an electronic message. “Electronic communication device”
31 includes but is not limited to telephones, personal digital
32assistants, and portable or mobile computers.
33(b) “Electronic message” means a self-contained piece of
34digital communication designed or intended to be transmitted
35between electronic communication devices. “Electronic message”
-1-1 includes but is not limited to video calls, electronic mail,
2text messages, instant messages, and commands or requests to
3access an internet site.
4DIVISION II
5STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
6 Sec. 2. LEGISLATIVE FINDINGS — PURPOSE.
71. The general assembly finds that operating a motor vehicle
8in this state is a privilege, not a right. A person who wishes
9to enjoy the benefits of this privilege shall accept the
10corresponding responsibilities.
112. The general assembly declares that the purpose of this
12division of this Act is to do all of the following:
13a. Protect the public health and welfare by reducing the
14number of people on the highways of this state who operate a
15motor vehicle under the influence of alcohol or a controlled
16substance.
17b. Protect the public health and welfare by reducing the
18number of repeat offenders who commit crimes in which the abuse
19of alcohol or a controlled substance is a contributing factor
20in the commission of the crime.
21c. Strengthen the pretrial and post-trial options available
22to prosecutors and judges in responding to repeat offenders who
23commit crimes in which the abuse of alcohol or a controlled
24substance is a contributing factor in the commission of the
25crime.
26d. Assure the timely and sober participation of offenders
27in judicial proceedings.
283. The general assembly declares that it is important to
29have a centralized repository for all information related to
30alcohol and controlled substance testing required by the laws
31of this state or as a condition of bond, pretrial release,
32sentence, probation, parole, or a temporary restricted license.
33 Sec. 3. NEW SECTION. 901D.1 Short title.
34This chapter shall be known and may be cited as the “Iowa
35Sobriety and Drug Monitoring Program Act”.
-2-1 Sec. 4. NEW SECTION. 901D.2 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Alcohol” means an alcoholic beverage as defined in
5section 321J.1.
62. “Controlled substance” means as defined in section
7124.101.
83. “Department” means the department of public safety.
94. “Eligible offense” means a criminal offense in which the
10abuse of alcohol or a controlled substance was a contributing
11factor in the commission of the offense, as determined by the
12court or governmental entity of the participating jurisdiction.
13“Eligible offense” includes but is not limited to a first
14offense of operating while intoxicated in violation of section
15321J.2 where the person’s alcohol concentration exceeded .15
16and an accident resulting in personal injury or property damage
17occurred, and a second or subsequent offense of operating while
18intoxicated in violation of section 321J.2.
195. “Immediate sanction” means a sanction that is applied
20within minutes of a failed test result.
216. “Law enforcement agency” means a law enforcement agency
22charged with enforcement of the program created under this
23chapter.
247. “Participating jurisdiction” means a county or other
25governmental entity that chooses to participate in the program
26created under this chapter.
278. “Sobriety and drug monitoring program” or “program” means
28the program established pursuant to section 901D.3.
299. “Testing” means a procedure or set of procedures
30performed to determine the presence of alcohol or a controlled
31substance in a person’s breath or bodily fluid, including
32blood, urine, saliva, and perspiration, and includes any
33combination of breath testing, drug patch testing, urine
34analysis testing, saliva testing, and continuous or transdermal
35alcohol monitoring. Subject to section 901D.3, the department
-3-1may approve additional testing methodologies or the testing of
2alternative bodily fluids.
310. “Timely sanction” means a sanction that is applied
4within hours or days after a failed test result. A timely
5sanction shall be applied as soon as possible, but the period
6between the failed test result and the application of the
7timely sanction shall not exceed five days.
8 Sec. 5. NEW SECTION. 901D.3 Program created.
91. The department of public safety shall establish a
10statewide sobriety and drug monitoring program to be used
11by participating jurisdictions, which shall be available
12twenty-four hours per day, seven days per week. Pursuant to
13the provisions of this chapter, a court or governmental entity,
14or an authorized officer thereof, within a participating
15jurisdiction may, as a condition of bond, pretrial release,
16sentence, probation, parole, or a temporary restricted license,
17do all of the following:
18a. Require a person who has been charged with, pled guilty
19to, or been convicted of an eligible offense to abstain from
20alcohol and controlled substances for a period of time.
21b. Require the person to be subject to testing to determine
22whether alcohol or a controlled substance is present in the
23person’s body in the following manner:
24(1) At least twice per day at a central location where an
25immediate sanction can be effectively applied.
26(2) Where testing under subparagraph (1) creates a
27documented hardship or is geographically impractical, by an
28alternative method approved by the department and consistent
29with this section where a timely sanction can be effectively
30applied.
312. a. A person who has been required to participate in the
32program by a court or governmental entity and whose driver’s
33license is suspended or revoked shall not begin participation
34in the program or be subject to the testing required by the
35program until the person is eligible for a temporary restricted
-4-1license under applicable law.
2b. In order to participate in the program, a person shall be
3required to install an approved ignition interlock device on
4all motor vehicles owned or operated by the person.
5c. A person wishing to participate in the program who has
6been charged with, pled guilty to, or been convicted of an
7eligible offense, but has not been required by a court or
8governmental entity to participate in the program, may apply
9to the court or governmental entity of the participating
10jurisdiction on a form created by the participating
11jurisdiction, and the court or governmental entity may order
12the person to participate in the program as a condition
13of bond, pretrial release, sentence, probation, parole,
14or a temporary restricted license. The application form
15shall include an itemization of all costs associated with
16participation in the program.
173. The program shall be evidence-based and shall satisfy at
18least two of the following requirements:
19a. The program is included in the United States substance
20abuse and mental health services administration’s national
21registry of evidence-based programs and practices.
22b. The program has been reported in a peer-reviewed journal
23as having positive effects on the primary targeted outcome.
24c. The program has been documented as effective by informed
25experts and other sources.
264. a. The core components of the program shall include
27the use of a primary testing methodology for determining the
28presence of alcohol or a controlled substance in a person that
29best facilitates the ability of a law enforcement agency to
30apply immediate sanctions for failed test results and that is
31available at an affordable cost.
32b. In cases of documented hardship or geographic
33impracticality, or in cases where a program participant
34has received less stringent testing requirements, testing
35methodologies that best facilitate the ability of a law
-5-1enforcement agency to apply timely sanctions for noncompliant
2test results may be utilized. For purposes of this section,
3hardship or geographic impracticality shall be determined by
4documentation and consideration of the following factors:
5(1) Whether a testing device is available.
6(2) Whether the participant is capable of paying the fees
7and costs associated with the testing device.
8(3) Whether the participant is capable of wearing the
9testing device.
10(4) Whether the participant fails to qualify for testing
11twice per day because of one or more of the following:
12(a) The participant lives in a rural area and submitting to
13testing twice per day would be unduly burdensome.
14(b) The participant’s employment requires the participant’s
15presence at a location remote from the testing location and
16submitting to testing twice per day would be unduly burdensome.
17(c) The participant has repeatedly violated the
18requirements of the program while submitting to testing twice
19per day and poses a substantial risk of continuing to violate
20the requirements of the program.
215. A jurisdiction wishing to participate in the program
22shall submit an application to the department. A jurisdiction
23shall not participate in the program unless the jurisdiction’s
24application for participation has been approved by the
25department. If a jurisdiction is approved for participation in
26the program, the department shall assist the jurisdiction in
27setting up and administering the program in that jurisdiction
28in compliance with this chapter.
296. a. If a jurisdiction participates in the program, the
30participating jurisdiction or a law enforcement agency of the
31participating jurisdiction may designate a third party to
32provide testing services or to take any other action required
33or authorized to be provided by the participating jurisdiction
34or law enforcement agency under this chapter, except a
35third-party designee shall not determine whether to participate
-6-1in the program.
2b. The participating jurisdiction, in consultation with the
3law enforcement agency of the participating jurisdiction, shall
4establish testing locations for the program.
57. Any efforts by the department to alter or modify a core
6component of the program shall include a documented strategy
7for achieving and measuring the effectiveness of the planned
8alteration or modification. Before the department alters or
9modifies a core component of the program, a pilot program
10with defined objectives and timelines shall be initiated, and
11measurements of the effectiveness and impact of the proposed
12alteration or modification to a core component shall be
13monitored. The data shall be assessed and the department
14shall make a determination as to whether the stated goals of
15the alteration or modification were achieved and whether the
16alteration or modification should be formally implemented into
17the program.
18 Sec. 6. NEW SECTION. 901D.4 Rulemaking — fees.
19The department shall adopt rules pursuant to chapter 17A to
20administer this chapter, including but not limited to rules
21regarding any of the following:
221. Providing for the nature and manner of testing, including
23the procedures and apparatus to be used for testing.
242. Establishing reasonable participant, enrollment, and
25testing fees for the program, including fees to pay the costs
26of installation, monitoring, and deactivation of any testing
27device. The fees shall be set at an amount such that the fees
28collected in a participating jurisdiction are sufficient to pay
29for the costs of the program in the participating jurisdiction,
30including all costs to the state associated with the program in
31the participating jurisdiction.
323. Providing for the application, acceptance, and use of
33public and private grants, gifts, and donations to support
34program activities.
354. Establishing a process for the identification and
-7-1management of indigent participants.
25. Providing for the creation and administration of a
3stakeholder group to review and recommend changes to the
4program.
56. Establishing a process for the submission and approval of
6applications from jurisdictions to participate in the program.
7 Sec. 7. NEW SECTION. 901D.5 Data management system.
81. The department shall provide for and approve the use
9of a program data management system that shall be used by
10the department and all participating jurisdictions to manage
11testing, test events, test results, data access, fees, the
12collection of fee payments, and the submission and collection
13of any required reports.
142. The data management system shall include but is not
15limited to all of the following features:
16a. A secure, remotely hosted, demonstrated, internet-based
17management application that allows multiple concurrent users to
18access and input information.
19b. The support of breath testing, continuous remote
20transdermal alcohol monitoring, drug patch testing, and urine
21analysis testing.
22c. The capability to track and store events including
23but not limited to participant enrollment, testing activity,
24accounting activity, and participating law enforcement agency
25activity.
26d. The capability to generate reports of system fields and
27data. The data management system shall allow reports to be
28generated as needed and on a scheduled basis, and shall allow
29reports to be exported over a network connection or by remote
30printing.
31e. The ability to identify program participants who have
32previously been enrolled in a similar program in this state or
33another state.
343. Unless otherwise required by federal law, all alcohol or
35controlled substance testing performed as a condition of bond,
-8-1pretrial release, sentence, probation, parole, or a temporary
2restricted license shall utilize and input results to the data
3management system.
44. The data management system shall contain sufficient
5security protocols to protect participants’ personal
6information from unauthorized use.
7 Sec. 8. NEW SECTION. 901D.6 Authority to order program
8participation.
91. A court or governmental entity, or an authorized officer
10thereof, in a participating jurisdiction may utilize the
11program as provided in this section. The program shall be a
12preferred program for offenders charged with or convicted of an
13eligible offense.
142. If a person convicted of a first offense of operating
15while intoxicated where the person’s alcohol concentration
16exceeded .15 and an accident resulting in personal injury or
17property damage occurred, or a second or subsequent offense of
18operating while intoxicated, has been required to participate
19in the program, has financial liability coverage pursuant
20to section 321.20B, and the minimum period of ineligibility
21for issuance of a temporary restricted license has expired
22pursuant to chapter 321J, the court may notify the department
23of transportation that, as a participant in the program, the
24person is eligible for a temporary restricted license pursuant
25to section 321J.20.
263. A court may condition any bond or pretrial release
27otherwise authorized by law for a person charged with an
28eligible offense upon participation in the program and payment
29of the fees established pursuant to section 901D.4.
304. A court may condition a suspended sentence or probation
31otherwise authorized by law for a person convicted of an
32eligible offense upon participation in the program and payment
33of the fees established pursuant to section 901D.4.
345. The board of parole, the department of corrections, or
35a parole officer may condition parole otherwise authorized
-9-1by law for a person convicted of an eligible offense upon
2participation in the program and payment of the fees
3established pursuant to section 901D.4.
4 Sec. 9. NEW SECTION. 901D.7 Placement and enrollment.
51. Subject to sections 901D.3 and 901D.6, a participant
6may be placed in the program as a condition of bond, pretrial
7release, sentence, probation, parole, or a temporary
8restricted license. However, a person who has been required to
9participate in the program by a court or governmental entity
10and whose driver’s license is suspended or revoked shall not
11begin participation in the program or be subject to the testing
12required by the program until the person is eligible for a
13temporary restricted license under applicable law.
142. An order or directive placing a participant in the
15program shall include the type of testing required to be
16administered in the program and the length of time that the
17participant is required to remain in the program. The person
18issuing the order or directive shall send a copy of the order
19or directive to the law enforcement agency of the participating
20jurisdiction.
213. Upon receipt of a copy of an order or directive,
22a representative of the law enforcement agency of the
23participating jurisdiction shall enroll a participant in the
24program prior to testing.
254. At the time of enrollment, a representative of the law
26enforcement agency of the participating jurisdiction shall
27enter the participant’s information into the data management
28system described in section 901D.5. The representative of
29the agency shall provide the participant with the appropriate
30materials required by the program, inform the participant that
31the participant’s information may be shared for law enforcement
32and reporting purposes, and provide the participant with
33information related to the required testing, procedures, and
34fees.
355. The participant shall sign a form stating that the
-10-1participant understands the program requirements and releases
2the participant’s information for law enforcement and reporting
3purposes.
46. A participant shall report to the program for testing for
5the length of time ordered by the court, the board of parole,
6the department of corrections, or a parole officer.
7 Sec. 10. NEW SECTION. 901D.8 Collection, distribution, and
8use of fees.
91. The law enforcement agency of a participating
10jurisdiction shall do all of the following:
11a. Establish and maintain a sobriety program account.
12b. Collect the participant, enrollment, and testing fees
13established pursuant to section 901D.4 and deposit the fees
14and any other funds received for the program into the sobriety
15program account for administration of the program.
162. A participant shall pay all fees directly to the law
17enforcement agency of the participating jurisdiction.
183. a. The law enforcement agency shall distribute a
19portion of the fees to any participating third-party designee
20in accordance with the agreement between the agency and the
21third-party designee.
22b. The remainder of the fees collected shall be deposited in
23the sobriety program account, and shall be used only for the
24purposes of administering and operating the program.
25 Sec. 11. NEW SECTION. 901D.9 Noncompliance.
261. An allegation that a participant failed a test, refused
27to submit to a test, or failed to appear for testing shall
28be communicated ex parte by the participating jurisdiction,
29a law enforcement agency of the participating jurisdiction,
30or the participating jurisdiction’s third-party designee to a
31magistrate as soon as practicable. A magistrate who receives
32such a communication may order the participant’s immediate
33incarceration pending a hearing on the allegation but lasting
34no longer than twenty-four hours after the issuance of the
35order, or if the participant failed to appear for testing as
-11-1scheduled, the magistrate may issue a warrant for the arrest of
2the participant for a violation of the terms of bond, pretrial
3release, sentence, probation, or parole, as applicable.
42. The magistrate may notify the department of
5transportation of the participant’s noncompliance and direct
6the department to withdraw any temporary restricted license
7issued to the participant and reinstate the remainder of any
8applicable license suspension or revocation period provided by
9law.
10 Sec. 12. NEW SECTION. 901D.10 Report and repeal.
111. The department, in consultation with the judicial branch
12and the department of transportation, shall by December 1,
132021, submit a report to the general assembly detailing the
14effectiveness of the program established pursuant to this
15chapter and shall make recommendations concerning the continued
16implementation of the program or the elimination of the
17program.
182. This chapter is repealed July 1, 2022.
19DIVISION III
20OPERATING WHILE INTOXICATED — SOBRIETY AND DRUG MONITORING
21PROGRAM PROVISIONS
22 Sec. 13. Section 321J.20, subsection 1, paragraph a,
23unnumbered paragraph 1, Code 2017, is amended to read as
24follows:
25The department may, on application, issue a temporary
26restricted license to a person whose noncommercial driver’s
27license is revoked under this chapter allowing the person to
28drive to and from the person’s home and specified places at
29specified times which can be verified by the department and
30which are required by the person’s full-time or part-time
31employment, continuing health care or the continuing health
32care of another who is dependent upon the person, continuing
33education while enrolled in an educational institution on a
34part-time or full-time basis and while pursuing a course of
35study leading to a diploma, degree, or other certification of
-12-1successful educational completion, substance abuse treatment,
2court-ordered community service responsibilities, and
3 appointments with the person’s parole or probation officer,
4and participation in a program established pursuant to chapter
5901D, if the person’s driver’s license has not been revoked
6previously under section 321J.4, 321J.9, or 321J.12 and if any
7of the following apply:
8 Sec. 14. Section 321J.20, subsection 2, paragraph a, Code
92017, is amended to read as follows:
10a. Notwithstanding section 321.560, the department may,
11on application, and upon the expiration of the minimum period
12of ineligibility for a temporary restricted license provided
13for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
14temporary restricted license to a person whose noncommercial
15driver’s license has either been revoked under this chapter, or
16revoked or suspended under chapter 321 solely for violations
17of this chapter, or who has been determined to be a habitual
18offender under chapter 321 based solely on violations of
19this chapter or on violations listed in section 321.560,
20subsection 1, paragraph “b”, and who is not eligible for a
21temporary restricted license under subsection 1. However,
22the department may not issue a temporary restricted license
23under this subsection for a violation of section 321J.2A or
24to a person under the age of twenty-one whose license is
25revoked under section 321J.4, 321J.9, or 321J.12. A temporary
26restricted license issued under this subsection may allow the
27person to drive to and from the person’s home and specified
28places at specified times which can be verified by the
29department and which are required by the person’s full-time or
30part-time employment; continuing education while enrolled in an
31educational institution on a part-time or full-time basis and
32while pursuing a course of study leading to a diploma, degree,
33or other certification of successful educational completion;
34or substance abuse treatment; or participation in a program
35established pursuant to chapter 901D.
-13-1 Sec. 15. Section 321J.20, subsection 3, Code 2017, is
2amended to read as follows:
33. If a person required to install an ignition interlock
4device or participate in a program established pursuant to
5chapter 901D operates a motor vehicle which does not have an
6approved ignition interlock device or while not in compliance
7with the program, or if the person tampers with or circumvents
8an ignition interlock device, in addition to other penalties
9provided, the person’s temporary restricted license shall be
10revoked.
11 Sec. 16. Section 321J.20, Code 2017, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 10. Notwithstanding any other provision of
14law to the contrary, in any circumstance in which this chapter
15requires the installation of an ignition interlock device in
16all vehicles owned or operated by a person as a condition of
17the person’s license or privilege to operate noncommercial
18motor vehicles, the department shall require the person to be
19a participant in and in compliance with a sobriety and drug
20monitoring program established pursuant to chapter 901D if the
21person’s offense under this chapter qualifies as an eligible
22offense as defined in section 901D.2, and the person’s offense
23occurred in a participating jurisdiction, as defined in section
24901D.2. 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.
-14-1 Sec. 17. FUTURE REPEAL. This division of this Act is
2repealed July 1, 2022.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6DIVISION I — HOMICIDE BY VEHICLE — USE OF ELECTRONIC
7COMMUNICATION DEVICES WHILE DRIVING. Current law provides
8that a person commits a class “C” felony when the person
9unintentionally causes the death of another person by driving
10a motor vehicle in a reckless manner with willful or wanton
11disregard for the safety of persons or property. A class “C”
12felony is punishable by imprisonment for not more than 10 years
13and a fine of at least $1,000 but not more than $10,000.
14This bill provides that for the purposes of that provision,
15a person’s hand-held use of an electronic communication device
16while driving a motor vehicle shall be considered prima facie
17evidence that the person was driving the motor vehicle in a
18reckless manner with willful or wanton disregard for the safety
19of persons or property. This provision does not apply to a
20member of a public safety agency performing official duties
21and acting in a reasonable manner, a health care professional
22or emergency medical services provider in the course of an
23emergency situation acting in a reasonable manner, or a person
24using an electronic communication device in a hands-free or
25voice-operated mode, including but not limited to the use of
26a headset.
27An electronic communication device is a device capable of
28being used to compose, send, receive, or read an electronic
29message, and includes telephones, personal digital assistants,
30and portable or mobile computers. An electronic message is
31a self-contained piece of digital communication designed or
32intended to be transmitted between electronic communication
33devices, and includes video calls, electronic mail, text
34messages, instant messages, and commands or requests to access
35an internet site.
-15- 1DIVISION II — STATEWIDE SOBRIETY AND DRUG MONITORING
2PROGRAM. The bill directs the department of public safety
3(DPS) to establish a statewide sobriety and drug monitoring
4program that is available 24 hours per day, seven days per
5week. Under the program, a court or governmental entity, as
6a condition of bond, pretrial release, sentence, probation,
7parole, or a temporary restricted license, may require a person
8who has been charged with, pled guilty to, or been convicted
9of an eligible offense to abstain from alcohol and controlled
10substances for a period of time. The bill provides that an
11eligible offense is a criminal offense in which the abuse of
12alcohol or a controlled substance was a contributing factor
13in the commission of the offense as determined by the court
14or governmental entity of the participating jurisdiction,
15including but not limited to a first offense of operating
16while intoxicated where the person’s alcohol concentration
17exceeded .15 and an accident resulting in personal injury or
18property damage occurred, and a second or subsequent offense
19of operating while intoxicated.
20The program requires a person to be subject to testing to
21determine whether alcohol or a controlled substance is present
22in the person’s body at least twice per day at a central
23location where an immediate sanction can be applied. Where
24such testing creates a documented hardship or is geographically
25impractical, an alternative method approved by DPS may be used.
26Hardship or geographic impracticality is determined by
27documentation and consideration of whether a testing device is
28available, whether the participant is capable of paying the
29fees and costs associated with the testing device, whether
30the participant is capable of wearing the testing device, and
31whether the participant fails to qualify for testing twice
32per day because the participant lives in a rural area, the
33participant’s employment requires the participant’s presence at
34a location remote from the testing location, or the participant
35has repeatedly violated the requirements of the program.
-16- 1The bill prohibits a person who has been required to
2participate in the program and whose driver’s license is
3suspended or revoked from participating in the program until
4the person is eligible for a temporary restricted license. A
5person must install an ignition interlock device on all motor
6vehicles owned or operated by the person to participate in
7the program. A person who has been charged with, pled guilty
8to, or been convicted of an eligible offense who has not
9been required to participate in the program may apply to the
10participating jurisdiction in order to participate.
11If a jurisdiction applies to and is approved by DPS to
12participate in the program, the bill requires DPS to assist the
13jurisdiction in setting up and administering the program. The
14participating jurisdiction must establish testing locations and
15may designate a third party to provide testing services.
16Any efforts by DPS to alter or modify the core components
17of the program are required to include a documented strategy
18for achieving and measuring the effectiveness of the planned
19alteration or modification. Before the core components of the
20program can be altered or modified, a pilot program must be
21initiated and monitored.
22The bill requires DPS to adopt rules providing for the nature
23and manner of testing; establishing reasonable fees; providing
24for the application, acceptance, and use of public and private
25grants, gifts, and donations; establishing a process for
26the identification and management of indigent participants;
27providing for the creation and administration of a stakeholder
28group to review and recommend changes to the program; and
29establishing a process for the submission and approval of
30applications from jurisdictions. The bill further requires the
31amount of the fees to be set at an amount such that the fees
32collected in a participating jurisdiction are sufficient to pay
33for the costs of the program in the participating jurisdiction,
34including all costs to the state.
35In addition, the bill requires DPS to provide for and approve
-17-1the use of a program data management system to be used by DPS
2and all participating jurisdictions to manage testing, test
3events, test results, data access, fees, the collection of fee
4payments, and the submission and collection of any required
5reports. The bill provides for certain required features of
6the data management system.
7A court may condition any bond or pretrial release otherwise
8authorized by law for a person charged with an eligible offense
9upon participation in the program and payment of the required
10fees. A court may also condition a suspended sentence or
11probation otherwise authorized by law for a person convicted
12of an eligible offense upon participation in the program
13and payment of the required fees. Likewise, the board of
14parole, the department of corrections, or a parole officer
15may condition parole otherwise authorized by law for a person
16convicted of an eligible offense upon participation in the
17program and payment of the required fees.
18The bill requires an order or directive placing a
19participant in the program to include the type of testing
20required to be administered and the length of time that the
21participant is required to remain in the program. At the
22time of enrollment, a representative of the law enforcement
23agency of a participating jurisdiction must enter the
24participant’s information into the data management system. The
25representative of the agency must provide the participant with
26the appropriate materials required by the program, inform the
27participant that the participant’s information may be shared
28for law enforcement and reporting purposes, and provide the
29participant with information related to the required testing,
30procedures, and fees.
31The bill provides that the law enforcement agency of a
32participating jurisdiction must establish and maintain a
33sobriety program account, and collect the required fees. The
34law enforcement agency must distribute a portion of the fees to
35any participating third-party designee in accordance with the
-18-1agreement between the agency and the third-party designee, and
2the remainder of the fees collected must be deposited in the
3participating jurisdiction’s sobriety program account and must
4be used only for the purposes of administering and operating
5the program.
6The bill requires allegations that a participant failed
7a test, refused to submit to a test, or failed to appear
8for testing to be communicated ex parte by the participating
9jurisdiction, a law enforcement agency of the participating
10jurisdiction, or the participating jurisdiction’s third-party
11designee to a magistrate as soon as practicable. A magistrate
12who receives such a communication may order the participant’s
13immediate incarceration pending a hearing on the allegation
14but lasting no longer than 24 hours after the issuance of the
15order, or if the participant failed to appear for testing as
16scheduled, the magistrate may issue a warrant for the arrest of
17the participant for a violation of the terms of bond, pretrial
18release, sentence, probation, or parole.
19Upon the failure of a participant to submit to or pass a
20test under the program, the court may notify the department
21of transportation (DOT) of the participant’s noncompliance
22and direct the DOT to withdraw the participant’s temporary
23restricted license and reinstate the remainder of the license
24suspension or revocation period.
25The bill requires DPS to submit a report to the general
26assembly detailing the effectiveness of the program and making
27recommendations by December 1, 2021. The sobriety and drug
28monitoring program is repealed July 1, 2022.
29DIVISION III — OPERATING WHILE INTOXICATED — SOBRIETY AND
30DRUG MONITORING PROGRAM PROVISIONS. The bill provides that a
31temporary restricted license issued under Code chapter 321J
32(operating while intoxicated) is valid for travel related to
33participation in a sobriety and drug monitoring program. In
34addition, the bill requires the DOT to revoke the temporary
35restricted license of a person operating a motor vehicle
-19-1while not in compliance with the person’s sobriety and drug
2monitoring program.
3The bill also provides that in any circumstance in which
4Code chapter 321J requires the installation of an ignition
5interlock device in all vehicles owned or operated by a person
6as a condition of the person’s license or privilege to operate
7noncommercial motor vehicles, the DOT must require the person
8to be a participant in and in compliance with a sobriety and
9drug monitoring program if the person’s offense under Code
10chapter 321J qualifies as an eligible offense and the person’s
11offense occurred in a participating jurisdiction.
-20-ns/nh