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House File 362 - IntroducedA Bill ForAn Act 1relating to operating while intoxicated offenders
2and persons involved in the sale of alcoholic beverages,
3including the establishment of a statewide sobriety and
4drug monitoring program, establishing fees, and providing
5penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
3 Section 1. LEGISLATIVE FINDINGS — PURPOSE.
41. The general assembly finds that operating a motor vehicle
5in this state is a privilege, not a right. A person who wishes
6to enjoy the benefits of this privilege shall accept the
7corresponding responsibilities.
82. The general assembly declares that the purpose of this
9division of this Act is to do all of the following:
10a. Protect the public health and welfare by reducing the
11number of people on the highways of this state who operate a
12motor vehicle under the influence of alcohol or a controlled
13substance.
14b. Protect the public health and welfare by reducing the
15number of offenders who commit crimes in which the abuse of
16alcohol or a controlled substance is a contributing factor in
17the commission of the crime.
18c. Strengthen the pretrial and post-trial options available
19to prosecutors and judges in responding to offenders who commit
20crimes in which the abuse of alcohol or a controlled substance
21is a contributing factor in the commission of the crime.
22d. Assure the timely and sober participation of offenders
23in judicial proceedings.
243. The general assembly declares that it is important to
25have a centralized repository for all information related to
26alcohol and controlled substance testing required by the laws
27of this state or as a condition of bond, pretrial release,
28sentence, probation, parole, or a temporary restricted license.
29 Sec. 2. NEW SECTION. 901D.1 Short title.
30This chapter shall be known and may be cited as the “Iowa
31Sobriety and Drug Monitoring Program Act”.
32 Sec. 3. NEW SECTION. 901D.2 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Alcohol” means an alcoholic beverage as defined in
-1-1section 321J.1.
22. “Controlled substance” means as defined in section
3124.101.
43. “Department” means the department of public safety.
54. “Eligible offense” means a criminal offense in which the
6abuse of alcohol or a controlled substance was a contributing
7factor in the commission of the offense, as determined by the
8court or governmental entity of the participating jurisdiction.
9“Eligible offense” includes but is not limited to a first or
10subsequent offense of operating while intoxicated in violation
11of section 321J.2.
125. “Immediate sanction” means a sanction that is applied
13within minutes of a failed test result.
146. “Law enforcement agency” means a law enforcement agency
15charged with enforcement of the program created under this
16chapter.
177. “Participating jurisdiction” means a county or other
18governmental entity that chooses to participate in the program
19created under this chapter.
208. “Sobriety and drug monitoring program” or “program” means
21the program established pursuant to section 901D.3.
229. “Testing” means a procedure or set of procedures
23performed to determine the presence of alcohol or a controlled
24substance in a person’s breath or bodily fluid, including
25blood, urine, saliva, and perspiration, and includes any
26combination of breath testing, drug patch testing, urine
27analysis testing, saliva testing, and continuous or transdermal
28alcohol monitoring. Subject to section 901D.3, the department
29may approve additional testing methodologies or the testing of
30alternative bodily fluids.
3110. “Timely sanction” means a sanction that is applied
32within hours or days after a failed test result. A timely
33sanction shall be applied as soon as possible, but the period
34between the failed test result and the application of the
35timely sanction shall not exceed five days.
-2-1 Sec. 4. NEW SECTION. 901D.3 Program created.
21. The department of public safety shall establish a
3statewide sobriety and drug monitoring program to be used
4by participating jurisdictions, which shall be available
5twenty-four hours per day, seven days per week. Pursuant to
6the provisions of this chapter, a court or governmental entity,
7or an authorized officer thereof, within a participating
8jurisdiction may, as a condition of bond, pretrial release,
9sentence, probation, parole, or a temporary restricted license,
10do all of the following:
11a. Require a person who has been charged with, pled guilty
12to, or been convicted of an eligible offense to abstain from
13alcohol and controlled substances for a period of time.
14b. Require the person to be subject to testing to determine
15whether alcohol or a controlled substance is present in the
16person’s body in the following manner:
17(1) At least twice per day at a central location where an
18immediate sanction can be effectively applied.
19(2) Where testing under subparagraph (1) creates a
20documented hardship or is geographically impractical, by an
21alternative method approved by the department and consistent
22with this section where a timely sanction can be effectively
23applied.
242. a. A person who has been required to participate in the
25program by a court or governmental entity and whose driver’s
26license is suspended or revoked shall not begin participation
27in the program or be subject to the testing required by the
28program until the person is eligible for a temporary restricted
29license under applicable law.
30b. In order to participate in the program, a person shall be
31required to install an approved ignition interlock device on
32all motor vehicles owned or operated by the person.
33c. A person wishing to participate in the program who has
34been charged with, pled guilty to, or been convicted of an
35eligible offense, but has not been required by a court or
-3-1governmental entity to participate in the program, may apply
2to the court or governmental entity of the participating
3jurisdiction on a form created by the participating
4jurisdiction, and the court or governmental entity may order
5the person to participate in the program as a condition
6of bond, pretrial release, sentence, probation, parole,
7or a temporary restricted license. The application form
8shall include an itemization of all costs associated with
9participation in the program.
103. The program shall be evidence-based and shall satisfy at
11least two of the following requirements:
12a. The program is included in the United States substance
13abuse and mental health services administration’s national
14registry of evidence-based programs and practices.
15b. The program has been reported in a peer-reviewed journal
16as having positive effects on the primary targeted outcome.
17c. The program has been documented as effective by informed
18experts and other sources.
194. a. The core components of the program shall include
20the use of a primary testing methodology for determining the
21presence of alcohol or a controlled substance in a person that
22best facilitates the ability of a law enforcement agency to
23apply immediate sanctions for failed test results and that is
24available at an affordable cost.
25b. In cases of documented hardship or geographic
26impracticality, or in cases where a program participant
27has received less stringent testing requirements, testing
28methodologies that best facilitate the ability of a law
29enforcement agency to apply timely sanctions for noncompliant
30test results may be utilized. For purposes of this section,
31hardship or geographic impracticality shall be determined by
32documentation and consideration of the following factors:
33(1) Whether a testing device is available.
34(2) Whether the participant is capable of paying the fees
35and costs associated with the testing device.
-4- 1(3) Whether the participant is capable of wearing the
2testing device.
3(4) Whether the participant fails to qualify for testing
4twice per day because of one or more of the following:
5(a) The participant lives in a rural area and submitting to
6testing twice per day would be unduly burdensome.
7(b) The participant’s employment requires the participant’s
8presence at a location remote from the testing location and
9submitting to testing twice per day would be unduly burdensome.
10(c) The participant has repeatedly violated the
11requirements of the program while submitting to testing twice
12per day and poses a substantial risk of continuing to violate
13the requirements of the program.
145. A jurisdiction wishing to participate in the program
15shall submit an application to the department. A jurisdiction
16shall not participate in the program unless the jurisdiction’s
17application for participation has been approved by the
18department. If a jurisdiction is approved for participation in
19the program, the department shall assist the jurisdiction in
20setting up and administering the program in that jurisdiction
21in compliance with this chapter.
226. a. If a jurisdiction participates in the program, the
23participating jurisdiction or a law enforcement agency of the
24participating jurisdiction may designate a third party to
25provide testing services or to take any other action required
26or authorized to be provided by the participating jurisdiction
27or law enforcement agency under this chapter, except a
28third-party designee shall not determine whether to participate
29in the program.
30b. The participating jurisdiction, in consultation with the
31law enforcement agency of the participating jurisdiction, shall
32establish testing locations for the program.
337. Any efforts by the department to alter or modify a core
34component of the program shall include a documented strategy
35for achieving and measuring the effectiveness of the planned
-5-1alteration or modification. Before the department alters or
2modifies a core component of the program, a pilot program
3with defined objectives and timelines shall be initiated, and
4measurements of the effectiveness and impact of the proposed
5alteration or modification to a core component shall be
6monitored. The data shall be assessed and the department
7shall make a determination as to whether the stated goals of
8the alteration or modification were achieved and whether the
9alteration or modification should be formally implemented into
10the program.
11 Sec. 5. NEW SECTION. 901D.4 Rulemaking — fees.
12The department shall adopt rules pursuant to chapter 17A to
13administer this chapter, including but not limited to rules
14regarding any of the following:
151. Providing for the nature and manner of testing, including
16the procedures and apparatus to be used for testing.
172. Establishing reasonable participant, enrollment, and
18testing fees for the program, including fees to pay the costs
19of installation, monitoring, and deactivation of any testing
20device. The fees shall be set at an amount such that the fees
21collected in a participating jurisdiction are sufficient to pay
22for the costs of the program in the participating jurisdiction,
23including all costs to the state associated with the program in
24the participating jurisdiction.
253. Providing for the application, acceptance, and use of
26public and private grants, gifts, and donations to support
27program activities.
284. Establishing a process for the identification and
29management of indigent participants.
305. Providing for the creation and administration of a
31stakeholder group to review and recommend changes to the
32program.
336. Establishing a process for the submission and approval of
34applications from jurisdictions to participate in the program.
35 Sec. 6. NEW SECTION. 901D.5 Data management system.
-6- 11. The department shall provide for and approve the use
2of a program data management system that shall be used by
3the department and all participating jurisdictions to manage
4testing, test events, test results, data access, fees, the
5collection of fee payments, and the submission and collection
6of any required reports.
72. The data management system shall include but is not
8limited to all of the following features:
9a. A secure, remotely hosted, demonstrated, internet-based
10management application that allows multiple concurrent users to
11access and input information.
12b. The support of breath testing, continuous remote
13transdermal alcohol monitoring, drug patch testing, and urine
14analysis testing.
15c. The capability to track and store events including
16but not limited to participant enrollment, testing activity,
17accounting activity, and participating law enforcement agency
18activity.
19d. The capability to generate reports of system fields and
20data. The data management system shall allow reports to be
21generated as needed and on a scheduled basis, and shall allow
22reports to be exported over a network connection or by remote
23printing.
24e. The ability to identify program participants who have
25previously been enrolled in a similar program in this state or
26another state.
273. Unless otherwise required by federal law, all alcohol or
28controlled substance testing performed as a condition of bond,
29pretrial release, sentence, probation, parole, or a temporary
30restricted license shall utilize and input results to the data
31management system.
324. The data management system shall contain sufficient
33security protocols to protect participants’ personal
34information from unauthorized use.
35 Sec. 7. NEW SECTION. 901D.6 Authority to order program
-7-1participation.
21. A court or governmental entity, or an authorized officer
3thereof, in a participating jurisdiction may utilize the
4program as provided in this section. The program shall be a
5preferred program for offenders charged with or convicted of an
6eligible offense.
72. If a person convicted of a first or subsequent offense of
8operating while intoxicated has been required to participate
9in the program, has financial liability coverage pursuant
10to section 321.20B, and the minimum period of ineligibility
11for issuance of a temporary restricted license has expired
12pursuant to chapter 321J, the court may notify the department
13of transportation that, as a participant in the program, the
14person is eligible for a temporary restricted license pursuant
15to section 321J.20.
163. A court may condition any bond or pretrial release
17otherwise authorized by law for a person charged with an
18eligible offense upon participation in the program and payment
19of the fees established pursuant to section 901D.4.
204. A court may condition a suspended sentence or probation
21otherwise authorized by law for a person convicted of an
22eligible offense upon participation in the program and payment
23of the fees established pursuant to section 901D.4.
245. The board of parole, the department of corrections, or
25a parole officer may condition parole otherwise authorized
26by law for a person convicted of an eligible offense upon
27participation in the program and payment of the fees
28established pursuant to section 901D.4.
29 Sec. 8. NEW SECTION. 901D.7 Placement and enrollment.
301. Subject to sections 901D.3 and 901D.6, a participant
31may be placed in the program as a condition of bond, pretrial
32release, sentence, probation, parole, or a temporary
33restricted license. However, a person who has been required to
34participate in the program by a court or governmental entity
35and whose driver’s license is suspended or revoked shall not
-8-1begin participation in the program or be subject to the testing
2required by the program until the person is eligible for a
3temporary restricted license under applicable law.
42. An order or directive placing a participant in the
5program shall include the type of testing required to be
6administered in the program and the length of time that the
7participant is required to remain in the program. The person
8issuing the order or directive shall send a copy of the order
9or directive to the law enforcement agency of the participating
10jurisdiction.
113. Upon receipt of a copy of an order or directive,
12a representative of the law enforcement agency of the
13participating jurisdiction shall enroll a participant in the
14program prior to testing.
154. At the time of enrollment, a representative of the law
16enforcement agency of the participating jurisdiction shall
17enter the participant’s information into the data management
18system described in section 901D.5. The representative of
19the agency shall provide the participant with the appropriate
20materials required by the program, inform the participant that
21the participant’s information may be shared for law enforcement
22and reporting purposes, and provide the participant with
23information related to the required testing, procedures, and
24fees.
255. The participant shall sign a form stating that the
26participant understands the program requirements and releases
27the participant’s information for law enforcement and reporting
28purposes.
296. A participant shall report to the program for testing for
30the length of time ordered by the court, the board of parole,
31the department of corrections, or a parole officer.
32 Sec. 9. NEW SECTION. 901D.8 Collection, distribution, and
33use of fees.
341. The law enforcement agency of a participating
35jurisdiction shall do all of the following:
-9- 1a. Establish and maintain a sobriety program account.
2b. Collect the participant, enrollment, and testing fees
3established pursuant to section 901D.4 and deposit the fees
4and any other funds received for the program into the sobriety
5program account for administration of the program.
62. A participant shall pay all fees directly to the law
7enforcement agency of the participating jurisdiction.
83. a. The law enforcement agency shall distribute a
9portion of the fees to any participating third-party designee
10in accordance with the agreement between the agency and the
11third-party designee.
12b. The remainder of the fees collected shall be deposited in
13the sobriety program account, and shall be used only for the
14purposes of administering and operating the program.
15 Sec. 10. NEW SECTION. 901D.9 Noncompliance.
161. An allegation that a participant failed a test, refused
17to submit to a test, or failed to appear for testing shall
18be communicated ex parte by the participating jurisdiction,
19a law enforcement agency of the participating jurisdiction,
20or the participating jurisdiction’s third-party designee to a
21magistrate as soon as practicable. A magistrate who receives
22such a communication may order the participant’s immediate
23incarceration pending a hearing on the allegation but lasting
24no longer than twenty-four hours after the issuance of the
25order, or if the participant failed to appear for testing as
26scheduled, the magistrate may issue a warrant for the arrest of
27the participant for a violation of the terms of bond, pretrial
28release, sentence, probation, or parole, as applicable.
292. The magistrate may notify the department of
30transportation of the participant’s noncompliance and direct
31the department to withdraw any temporary restricted license
32issued to the participant and reinstate the remainder of any
33applicable license suspension or revocation period provided by
34law.
35 Sec. 11. NEW SECTION. 901D.10 Report.
-10- 1The department, in consultation with the judicial branch
2and the department of transportation, shall by December 1,
32021, submit a report to the general assembly detailing the
4effectiveness of the program established pursuant to this
5chapter and shall make recommendations concerning the continued
6implementation of the program or the elimination of the
7program.
8DIVISION II
9OPERATING WHILE INTOXICATED
10 Sec. 12. Section 321.12, subsection 4, Code 2017, is amended
11to read as follows:
124. The director shall not destroy any operating records
13pertaining to arrests or convictions for operating while
14intoxicated, in violation of section 321J.2, or operating
15records pertaining to revocations for violations of section
16321J.2A, except that a conviction or revocation under section
17321J.2 or 321J.2A that is not subject to 49 C.F.R. pt.383
18shall be deleted from the operating records twelve twenty-five
19 years after the date of conviction or the effective date of
20revocation. Convictions or revocations that are retained in
21the operating records for more than twelve twenty-five years
22under this subsection shall be considered only for purposes of
23disqualification actions under 49 C.F.R. pt. 383.
24 Sec. 13. Section 321.189, subsection 2, Code 2017, is
25amended by adding the following new paragraph:
26 NEW PARAGRAPH. 0c. If the licensee’s operating record
27indicates a conviction or revocation for a violation of section
28321J.2 or 321J.2A, the driver’s license shall contain an
29operating-while-intoxicated emblem designed by the department
30that shall appear prominently on the back of the license.
31 Sec. 14. Section 321.210D, Code 2017, is amended to read as
32follows:
33321.210D Vehicular homicide or serious injury suspension
34— termination upon revocation of license — reopening of
35suspension.
-11- 11. If a trial information or indictment is filed charging a
2person with the offense of homicide by vehicle under section
3707.6A, subsection 1 or 2, or with an offense under section
4707.6A, subsection 4, paragraph “a”, the clerk of the district
5court shall, upon the filing of the information or indictment,
6forward notice to the department including the name and address
7of the party charged, the registration number of the vehicle
8involved, if known, the nature of the offense, and the date of
9the filing of the indictment or information.
102. Upon receiving notice from the clerk of the district
11court that an indictment or information has been filed
12charging an operator with homicide by vehicle under section
13707.6A, subsection 1 or 2 an offense listed in subsection
141, the department shall notify the person that the person’s
15driver’s license will be suspended effective ten days from
16the date of issuance of the notice. The department shall
17adopt rules relating to the suspension of the license of an
18operator pursuant to this section which shall include, but are
19not limited to, procedures for the surrender of the person’s
20license to the department upon the effective date of the
21suspension.
223. If a person whose driver’s license has been suspended
23pursuant to this section is not convicted of the charge of
24homicide or serious injury by vehicle under section 707.6A,
25subsection 1 or 2, upon record entry of disposition of the
26charge, the clerk of the district court shall forward a notice
27including the name and address of the party charged, the
28registration number of the vehicle involved, the nature of the
29offense charged by indictment or information, the date of the
30filing of the indictment or information, and of the disposition
31of the charge to the department. Upon receipt of the notice
32from the clerk, the department shall automatically rescind the
33suspension and reinstate the person’s driver’s license without
34payment of any charge or penalty.
354. Upon receiving a record of conviction under section
-12-1321.206, for a violation of section 707.6A, subsection 1 or
22, or section 707.6A, subsection 4, paragraph “a”, and upon
3revocation of the person’s license or operating privileges
4under section 321.209, the suspension under subsection 2 shall
5automatically terminate in favor of the revocation.
6 Sec. 15. Section 321J.2, subsection 3, paragraph d, Code
72017, is amended to read as follows:
8d. Revocation of the person’s driver’s license for a
9minimum period of one hundred eighty days year up to a maximum
10revocation period of one year two years, pursuant to section
11321J.4, subsection 1, section 321J.9, or section 321J.12,
12subsection 2. If a revocation occurs due to test refusal
13under section 321J.9, the defendant shall be ineligible for a
14temporary restricted license for a minimum period of ninety
15days.
16(1) A defendant whose alcohol concentration is .08 or more
17but not more than .10 shall not be eligible for any temporary
18restricted license for at least thirty days if a test was
19obtained and an accident resulting in personal injury or
20property damage occurred. The department shall require the
21defendant to install an ignition interlock device of a type
22approved by the commissioner of public safety on all vehicles
23owned or operated by the defendant if the defendant seeks a
24temporary restricted license. There shall be no such period of
25ineligibility if no such accident occurred, and the defendant
26shall not be required to install an ignition interlock device.
27(2) A defendant whose alcohol concentration is more than .10
28shall not be eligible for any temporary restricted license for
29at least thirty days if a test was obtained, and an accident
30resulting in personal injury or property damage occurred or the
31defendant’s alcohol concentration exceeded .15. There shall be
32no such period of ineligibility if no such accident occurred
33and the defendant’s alcohol concentration did not exceed .15.
34In either case, where a defendant’s alcohol concentration is
35more than .10, the department shall require the defendant to
-13-1install an ignition interlock device of a type approved by the
2commissioner of public safety on all vehicles owned or operated
3by the defendant if the defendant seeks a temporary restricted
4license.
5 Sec. 16. Section 321J.2, subsection 4, paragraph c, Code
62017, is amended to read as follows:
7c. Revocation of the defendant’s driver’s license for a
8period of one year two years, if a revocation occurs pursuant
9to section 321J.12, subsection 1. If a revocation occurs due
10to test refusal under section 321J.9, or pursuant to section
11321J.4, subsection 2, the defendant’s license shall be revoked
12for a period of two four years.
13 Sec. 17. Section 321J.2, subsection 5, paragraph c, Code
142017, is amended to read as follows:
15c. Revocation Permanent revocation of the person’s driver’s
16license for a period of six years pursuant to section 321J.4,
17subsection 4.
18 Sec. 18. Section 321J.4, subsections 1 and 2, Code 2017, are
19amended to read as follows:
201. If a defendant is convicted of a violation of section
21321J.2 and the defendant’s driver’s license or nonresident
22operating privilege has not been revoked under section 321J.9
23or 321J.12 for the occurrence from which the arrest arose, the
24department shall revoke the defendant’s driver’s license or
25nonresident operating privilege for one hundred eighty days
26 year if the defendant submitted to chemical testing and has had
27no previous conviction or revocation under this chapter and
28shall revoke the defendant’s driver’s license or nonresident
29operating privilege for one year two years if the defendant
30refused to submit to chemical testing and has had no previous
31conviction or revocation under this chapter. The defendant
32shall not be eligible for any temporary restricted license
33for at least ninety days if a test was refused under section
34321J.9.
35a. A defendant whose alcohol concentration is .08 or
-14-1more but not more than .10 shall not be eligible for any
2temporary restricted license for at least thirty days if
3a test was obtained and an accident resulting in personal
4injury or property damage occurred or the defendant’s alcohol
5concentration exceeded .15. The There shall be no such
6period of ineligibility if no such accident occurred and the
7defendant’s alcohol concentration did not exceed .15.
8b. Upon revocation, thedepartment shall require the
9defendant to install an ignition interlock device of a type
10approved by the commissioner of public safety on all vehicles
11owned or operated by the defendant if the defendant seeks a
12temporary restricted license. There shall be no such period of
13ineligibility if no such accident occurred, and the defendant
14shall not be required to install an ignition interlock device.
15b. A defendant whose alcohol concentration is more than .10
16shall not be eligible for any temporary restricted license for
17at least thirty days if a test was obtained and an accident
18resulting in personal injury or property damage occurred or the
19defendant’s alcohol concentration exceeded .15. There shall be
20no such period of ineligibility if no such accident occurred
21and the defendant’s alcohol concentration did not exceed .15.
22In either case, where a defendant’s alcohol concentration is
23more than .10, the department shall require the defendant to
24install an ignition interlock device of a type approved by the
25commissioner of public safety on all vehicles owned or operated
26by the defendant if the defendant seeks a temporary restricted
27license.
28c. If the defendant is under the age of twenty-one, the
29defendant shall not be eligible for a temporary restricted
30license for at least sixty days after the effective date of
31revocation.
322. If a defendant is convicted of a violation of section
33321J.2, and the defendant’s driver’s license or nonresident
34operating privilege has not already been revoked under section
35321J.9 or 321J.12 for the occurrence from which the arrest
-15-1arose, the department shall revoke the defendant’s driver’s
2license or nonresident operating privilege for one year two
3years if the defendant submitted to chemical testing and has
4had a previous conviction or revocation under this chapter and
5shall revoke the defendant’s driver’s license or nonresident
6operating privilege for two four years if the defendant refused
7to submit to chemical testing and has had a previous revocation
8under this chapter. The defendant shall not be eligible for
9any temporary restricted license for forty-five days after the
10effective date of revocation if the defendant submitted to
11chemical testing and shall not be eligible for any temporary
12restricted license for ninety days after the effective date
13of revocation if the defendant refused chemical testing. The
14temporary restricted license shall be issued in accordance
15with section 321J.20, subsection 2. The Upon revocation, the
16 department shall require the defendant to install an ignition
17interlock device of a type approved by the commissioner
18of public safety on all vehicles owned or operated by the
19defendant if the defendant seeks a temporary restricted license
20at the end of the minimum period of ineligibility. A temporary
21restricted license shall not be granted by the department until
22the defendant installs the ignition interlock device.
23 Sec. 19. Section 321J.4, subsection 3, paragraphs a and b,
24Code 2017, are amended to read as follows:
25a. A defendant whose alcohol concentration is .08 or
26more but not more than .10 shall not be eligible for any
27temporary restricted license for at least thirty days if
28a test was obtained and an accident resulting in personal
29injury or property damage occurred or the defendant’s alcohol
30concentration exceeded .15. The There shall be no such
31period of ineligibility if no such accident occurred and the
32defendant’s alcohol concentration did not exceed .15. Upon
33revocation, the department shall require the defendant to
34install an ignition interlock device of a type approved by the
35commissioner of public safety on all vehicles owned or operated
-16-1by the defendant if the defendant seeks a temporary restricted
2license. There shall be no such period of ineligibility if no
3such accident occurred, and the defendant shall not be required
4to install an ignition interlock device.
5b. A defendant whose alcohol concentration is more than .10
6shall not be eligible for any temporary restricted license for
7at least thirty days if a test was obtained and an accident
8resulting in personal injury or property damage occurred or the
9defendant’s alcohol concentration exceeded .15. There shall be
10no such period of ineligibility if no such accident occurred
11and the defendant’s alcohol concentration did not exceed .15.
12In either case, where a defendant’s alcohol concentration is
13more than .10, the department shall require the defendant to
14install an 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 restricted
17license.
18 Sec. 20. Section 321J.4, subsections 4, 5, and 6, Code 2017,
19are amended to read as follows:
204. Upon a plea or verdict of guilty of a third or subsequent
21violation of section 321J.2, the department shall revoke the
22defendant’s driver’s license or nonresident operating privilege
23for a period of six years permanently. The defendant shall not
24be eligible for a any temporary restricted license for one year
25after the effective date of the revocation. The department
26shall require the defendant to install an ignition interlock
27device of a type approved by the commissioner of public safety
28on all vehicles owned or operated by the defendant if the
29defendant seeks a temporary restricted license at the end of
30the minimum period of ineligibility. A temporary restricted
31license shall not be granted by the department until the
32defendant installs the ignition interlock device.
335. Upon a plea or verdict of guilty of a violation of
34section 321J.2 which involved a personal injury, the court
35shall determine in open court, from consideration of the
-17-1information in the file and any other evidence the parties
2may submit, whether a serious injury, as defined in section
3702.18, was sustained by any person other than the defendant
4and, if so, whether the defendant’s conduct in violation of
5section 321J.2 caused the serious injury. If the court so
6determines, the court shall order the department to revoke the
7defendant’s driver’s license or nonresident operating privilege
8for a period of one year in addition to any other period of
9suspension or revocation permanently. The defendant shall not
10be eligible for any temporary restricted license until the
11minimum period of ineligibility has expired under this section
12 or section 321J.9, 321J.12, or 321J.20. The defendant shall
13surrender to the court any Iowa license or permit and the court
14shall forward it the license or permit to the department with a
15copy of the order for revocation.
166. Upon a plea or verdict of guilty of a violation of
17section 321J.2 which involved a death, the court shall
18determine in open court, from consideration of the information
19in the file and any other evidence the parties may submit,
20whether a death occurred and, if so, whether the defendant’s
21conduct in violation of section 321J.2 caused the death. If
22the court so determines, the court shall order the department
23to revoke the defendant’s driver’s license or nonresident
24operating privilege for a period of six years permanently. The
25defendant shall not be eligible for any temporary restricted
26license for at least two years after the revocation. The
27defendant shall surrender to the court any Iowa license or
28permit and the court shall forward it the license or permit to
29the department with a copy of the order for revocation.
30 Sec. 21. Section 321J.4, subsection 8, paragraphs a and c,
31Code 2017, are amended to read as follows:
32a. On a conviction for or as a condition of a deferred
33judgment for a violation of section 321J.2, the court may shall
34 order the defendant to install ignition interlock devices
35of a type approved by the commissioner of public safety on
-18-1all motor vehicles owned or operated by the defendant which,
2without tampering or the intervention of another person, would
3prevent the defendant from operating the motor vehicle with an
4alcohol concentration greater than a level set by rule of the
5commissioner of public safety.
6c. The order to install ignition interlock devices shall
7remain in effect for a period of time as determined by the
8court which shall not exceed the maximum term of imprisonment
9which the court could have imposed according to the nature of
10the violation the period of time required by section 321.20A.
11While the order is in effect, the defendant shall not operate
12a motor vehicle which does not have an approved ignition
13interlock device installed.
14 Sec. 22. Section 321J.4B, subsection 1, paragraph a, Code
152017, is amended to read as follows:
16a. “Immobilized” means the installation of a device in a
17motor vehicle that completely prevents a motor vehicle from
18being operated, or the installation of an ignition interlock
19device of a type approved by the commissioner of public safety.
20 Sec. 23. Section 321J.4B, subsection 4, Code 2017, is
21amended to read as follows:
224. An owner of a motor vehicle impounded or immobilized
23under this section, who knows of, should have known of,
24or gives consent to the operation of, the motor vehicle in
25violation of subsection 2, paragraph “a”, subparagraph (2),
26shall be considered to be all of the following:
27a. Guilty of a simple serious misdemeanor, and.
28b. Jointly and severally liable for any damages caused
29by the person who operated the motor vehicle, subject to the
30provisions of chapter 668.
31 Sec. 24. Section 321J.4B, subsection 5, paragraph d, Code
322017, is amended to read as follows:
33d. The period of impoundment or immobilization of a motor
34vehicle under this section shall be the period of license
35revocation imposed upon the person convicted of the offense or
-19-1one hundred eighty days year, whichever period is longer. The
2impoundment or immobilization period shall commence on the day
3that the vehicle is first impounded or immobilized.
4 Sec. 25. Section 321J.4B, subsection 6, Code 2017, is
5amended to read as follows:
66. Upon conviction of the defendant for a first violation
7of subsection 2, paragraph “a”, subparagraph (2), where the
8defendant’s driver’s license was revoked as a result of a
9second or subsequent violation of section 321J.2, or a second
10or subsequent violation of subsection 2, paragraph “a”,
11subparagraph (2), the court shall order, if the convicted
12person defendant is the owner of the motor vehicle used in the
13commission of the offense, that that motor vehicle be seized
14and forfeited to the state pursuant to chapters 809 and 809A.
15 Sec. 26. Section 321J.5, subsection 2, Code 2017, is amended
16to read as follows:
172. The results of this preliminary screening test may be
18used for the purpose of deciding whether an arrest should be
19made or whether to request a chemical test authorized in this
20chapter, but shall not be used in any court action except to
21prove that a chemical test was properly requested of a person
22pursuant to this chapter. However, the results of a breath
23test administered after a preliminary screening test pursuant
24to section 321J.6, subsection 2, by a certified operator using
25a portable breath testing instrument intended to determine
26alcohol concentration, and using methods approved by the
27commissioner of public safety pursuant to section 321J.15, may
28be used as evidence in any court action.
29 Sec. 27. Section 321J.9, subsections 1 and 2, Code 2017, are
30amended to read as follows:
311. If a person refuses to submit to the chemical testing, a
32test shall not be given, but the department, upon the receipt
33of the peace officer’s certification, subject to penalty for
34perjury, that the officer had reasonable grounds to believe the
35person to have been operating a motor vehicle in violation of
-20-1section 321J.2 or 321J.2A, that specified conditions existed
2for chemical testing pursuant to section 321J.6, and that the
3person refused to submit to the chemical testing, shall revoke
4the person’s driver’s license and any nonresident operating
5privilege for the following periods of time:
6a. One year Two years if the person has no previous
7revocation under this chapter; and
8b. Two Four years if the person has had a previous
9revocation under this chapter.
102. a. A person whose driver’s license or nonresident
11operating privileges are revoked under subsection 1 shall not
12be eligible for a temporary restricted license for at least
13ninety days after the effective date of the revocation. A
14temporary restricted license issued to a person whose driver’s
15license or nonresident driving privilege has been revoked under
16subsection 1, paragraph “b”, shall be issued in accordance with
17section 321J.20, subsection 2.
18b. The department shall require the defendant to install
19an ignition interlock device of a type approved by the
20commissioner of public safety on all vehicles owned or operated
21by the defendant if the defendant seeks a temporary restricted
22license at the end of the minimum period of ineligibility upon
23revocation of the defendant’s driver’s license unless the
24defendant’s driver’s license or nonresident operating privilege
25has been permanently revoked under this chapter. A temporary
26restricted license shall not be granted by the department until
27the defendant installs the ignition interlock device.
28 Sec. 28. Section 321J.10, subsection 1, Code 2017, is
29amended to read as follows:
301. Refusal to consent to a test under section 321J.6 does
31not prohibit the withdrawal of a specimen for chemical testing
32pursuant to a search warrant issued in the investigation of
33a suspected violation of section 707.5 or 707.6A 321J.2 or
34321J.2A if all of the following grounds exist:
35a. A traffic accident has resulted in a death or personal
-21-1injury reasonably likely to cause death.
2b. There there are reasonable grounds to believe that one or
3more of the persons whose driving may have been the proximate
4cause of the accident the person was violating section 321J.2
5or 321J.2A at the time of the accident suspected violation.
6 Sec. 29. Section 321J.10, subsection 3, paragraph c, Code
72017, is amended to read as follows:
8c. The oral application testimony shall set forth facts and
9information tending to establish the existence of the grounds
10for the warrant and shall describe with a reasonable degree of
11specificity the person or persons whose driving is believed to
12have been the proximate cause of the accident and from whom a
13specimen is to be withdrawn in violation of section 321J.2 or
14321J.2A and the location where the withdrawal of the specimen
15or specimens is to take place.
16 Sec. 30. Section 321J.12, subsections 1 and 2, Code 2017,
17are amended to read as follows:
181. Upon certification, subject to penalty for perjury, by
19the peace officer that there existed reasonable grounds to
20believe that the person had been operating a motor vehicle in
21violation of section 321J.2, that there existed one or more
22of the necessary conditions for chemical testing described in
23section 321J.6, subsection 1, and that the person submitted to
24chemical testing and the test results indicated the presence
25of a controlled substance or other drug, or an alcohol
26concentration equal to or in excess of the level prohibited by
27section 321J.2, or a combination of alcohol and another drug in
28violation of section 321J.2, the department shall revoke the
29person’s driver’s license or nonresident operating privilege
30for the following periods of time:
31a. One hundred eighty days year if the person has had no
32revocation under this chapter.
33b. One year Two years if the person has had a previous
34revocation under this chapter.
352. a. A person whose driver’s license or nonresident
-22-1operating privileges have been revoked under subsection 1,
2paragraph “a”, whose alcohol concentration is .08 or more but
3not more than .10 shall not be eligible for any temporary
4restricted license for at least thirty days after the effective
5date of the revocation if a test was obtained and an accident
6resulting in personal injury or property damage occurred or
7the defendant’s alcohol concentration exceeded .15. The There
8shall be no such period of ineligibility if no such accident
9occurred and the defendant’s alcohol concentration did not
10exceed .15.
11b. Upon revocation, thedepartment shall require the
12defendant to install an ignition interlock device of a type
13approved by the commissioner of public safety on all vehicles
14owned or operated by the defendant if the defendant seeks a
15temporary license unless the defendant’s driver’s license
16or nonresident operating privilege has been permanently
17revoked under this chapter. There shall be no such period of
18ineligibility if no such accident occurred, and the defendant
19shall not be required to install an ignition interlock device.
20b. A defendant whose alcohol concentration is more than .10
21shall not be eligible for any temporary restricted license for
22at least thirty days if a test was obtained and an accident
23resulting in personal injury or property damage occurred or the
24defendant’s alcohol concentration exceeded .15. There shall be
25no such period of ineligibility if no such accident occurred
26and the defendant’s alcohol concentration did not exceed .15.
27In either case, where a defendant’s alcohol concentration is
28more than .10, the department shall require the defendant to
29install an ignition interlock device of a type approved by the
30commissioner of public safety on all vehicles owned or operated
31by the defendant if the defendant seeks a temporary restricted
32license.
33c. If the person is under the age of twenty-one, the person
34shall not be eligible for a temporary restricted license for at
35least sixty days after the effective date of the revocation.
-23- 1d. A person whose license or privileges have been revoked
2under subsection 1, paragraph “b”, for one year shall not be
3eligible for any temporary restricted license for forty-five
4days after the effective date of the revocation, and upon
5revocation the department shall require the person to install
6an ignition interlock device of a type approved by the
7commissioner of public safety on all vehicles owned or operated
8by the defendant if the defendant seeks a temporary restricted
9license at the end of the minimum period of ineligibility
10 unless the defendant’s driver’s license or nonresident
11operating privilege has been permanently revoked under this
12chapter. The temporary restricted license shall be issued in
13accordance with section 321J.20, subsection 2. A temporary
14restricted license shall not be granted by the department until
15the defendant installs the ignition interlock device.
16 Sec. 31. Section 321J.17, subsection 3, Code 2017, is
17amended to read as follows:
183. The department shall also require certification of
19installation of an ignition interlock device of a type approved
20by the commissioner of public safety on all motor vehicles
21owned or operated by any person seeking reinstatement following
22a second or subsequent revocation under section 321J.4,
23321J.9, or 321J.12. The requirement for the installation of
24an approved ignition interlock device shall be for one year
25from the date of reinstatement unless a longer time period is
26required by statute the period of time required under section
27321J.20A. The one-year period a person is required to maintain
28an ignition interlock device under this subsection shall be
29reduced by any period of time the person held a valid temporary
30restricted license during the period of the revocation for
31the occurrence from which the arrest arose. The person shall
32not operate any motor vehicle which is not equipped with an
33approved ignition interlock device during the period in which
34an ignition interlock device must be maintained, and the
35department shall not grant reinstatement unless the person
-24-1certifies installation of an ignition interlock device as
2required in this subsection.
3 Sec. 32. Section 321J.20, subsection 1, paragraph a,
4unnumbered paragraph 1, Code 2017, is amended to read as
5follows:
6The department may, on application, issue a temporary
7restricted license to a person whose noncommercial driver’s
8license is revoked under this chapter allowing unless the
9person’s noncommercial driver’s license has been permanently
10revoked. A temporary restricted license issued under this
11subsection may allow the person to drive to and from the
12person’s home and specified places at specified times which can
13be verified by the department and which are required by the
14person’s full-time or part-time employment, continuing health
15care or the continuing health care of another who is dependent
16upon the person, continuing education while enrolled in an
17educational institution on a part-time or full-time basis and
18while pursuing a course of study leading to a diploma, degree,
19or other certification of successful educational completion,
20substance abuse treatment, court-ordered community service
21responsibilities, and appointments with the person’s parole or
22probation officer, and participation in a program established
23pursuant to chapter 901D, if the person’s driver’s license has
24not been revoked previously under section 321J.4, 321J.9, or
25321J.12 and if any of the following apply:
26 Sec. 33. Section 321J.20, subsection 1, paragraphs b and d,
27Code 2017, are amended to read as follows:
28b. A temporary restricted license may be issued under this
29subsection if the person’s noncommercial driver’s license is
30revoked for two years under section 321J.4, subsection 2, or
31section 321J.9, subsection 1, paragraph “b”, and the first three
32hundred sixty-five days of the revocation have expired.
33d. Following the applicable minimum period of ineligibility,
34a temporary restricted license under this subsection shall not
35be issued until unless the applicant installs has installed
-25-1 an ignition interlock device of a type approved by the
2commissioner of public safety on all motor vehicles owned or
3operated by the applicant in accordance with section 321J.2,
4321J.4, 321J.9, or 321J.12. Installation of an ignition
5interlock device under this subsection shall be required for
6the period of time for which the temporary restricted license
7is issued and for such additional period of time following
8reinstatement as is required under section 321J.17, subsection
93 provided under section 321J.20A.
10 Sec. 34. Section 321J.20, subsections 2 and 3, Code 2017,
11are amended to read as follows:
122. a. Notwithstanding section 321.560, the department may,
13on application, and upon the expiration of the minimum period
14of ineligibility for a temporary restricted license provided
15for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
16temporary restricted license to a person whose noncommercial
17driver’s license has either been revoked under this chapter, or
18revoked or suspended under chapter 321 solely for violations
19of this chapter, or who has been determined to be a habitual
20offender under chapter 321 based solely on violations of this
21chapter or on violations listed in section 321.560, subsection
221, paragraph “b”, and who is not eligible for a temporary
23restricted license under subsection 1. However, the department
24may shall not issue a temporary restricted license under
25this subsection for a violation of section 321J.2A, or to a
26person under the age of twenty-one whose license is revoked
27under section 321J.4, 321J.9, or 321J.12, or to a person whose
28noncommercial driver’s license has been permanently revoked
29under this chapter. A temporary restricted license issued
30under this subsection may allow the person to drive to and
31from the person’s home and specified places at specified times
32which can be verified by the department and which are required
33by the person’s full-time or part-time employment; continuing
34education while enrolled in an educational institution on a
35part-time or full-time basis and while pursuing a course of
-26-1study leading to a diploma, degree, or other certification
2of successful educational completion; or substance abuse
3treatment; or participation in a program established pursuant
4to chapter 901D.
5b. A temporary restricted license issued under this
6subsection shall not be issued until unless the applicant
7installs has installed an approved ignition interlock device
8on all motor vehicles owned or operated by the applicant.
9Installation of an ignition interlock device under this
10subsection shall be required for the period of time for
11which the temporary restricted license is issued, and for
12such additional period of time following reinstatement as is
13required under section 321J.17, subsection 3 provided under
14section 321J.20A. However, a person whose driver’s license or
15nonresident operating privilege has been revoked under section
16321J.21 may apply to the department for a temporary restricted
17license without the requirement of an ignition interlock device
18if at least twelve twenty-five years have elapsed since the end
19of the underlying revocation period for a first violation of
20section 321J.2.
213. If a person required to install an ignition interlock
22device or participate in a program established pursuant to
23chapter 901D operates a motor vehicle which does not have an
24approved ignition interlock device or while not in compliance
25with the program, or if the person tampers with or circumvents
26an ignition interlock device, in addition to other penalties
27provided, the person’s temporary restricted license shall be
28revoked.
29 Sec. 35. Section 321J.20, Code 2017, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 10. Notwithstanding any other provision of
32law to the contrary, in any circumstance in which this chapter
33requires the installation of an ignition interlock device in
34all vehicles owned or operated by a person as a condition of
35the person’s license or privilege to operate noncommercial
-27-1motor vehicles, the department shall require the person to
2participate in and be in compliance with a sobriety and drug
3monitoring program established pursuant to chapter 901D if the
4person’s offense under this chapter qualifies as an eligible
5offense as defined in section 901D.2, and the person’s offense
6occurred in a participating jurisdiction, as defined in section
7901D.2. The department, in consultation with the department
8of public safety, may adopt rules for issuing and accepting a
9certification of participation in and compliance with a program
10established pursuant to chapter 901D. This subsection shall be
11construed and implemented to comply with 23 U.S.C.§164(a), as
12amended by the federal Fixing America’s Surface Transportation
13Act, Pub.L. No.114-94, §1414, and shall not apply if such
14application results in a finding of noncompliance with 23
15U.S.C.§164 that results or will result in a reservation
16or transfer of funds pursuant to 23 U.S.C.§164(b). This
17subsection shall not authorize the operation of a motor vehicle
18for any purpose not otherwise authorized by this chapter.
19 Sec. 36. NEW SECTION. 321J.20A Ignition interlock devices
20— duration of requirements — indigent user fund.
211. a. An ignition interlock device installed in a motor
22vehicle as required by this chapter shall be installed in the
23vehicle for as long as the defendant is the owner or operator
24of the vehicle, except as provided in this subsection.
25b. If an ignition interlock device was installed in a
26motor vehicle as a result of the defendant’s first offense or
27revocation under this chapter, the device shall be uninstalled
28after the later of the following:
29(1) Two years after the date the defendant’s driver’s
30license revocation period ends.
31(2) One hundred eighty days after the date the defendant
32last failed a test or retest by the device because the
33defendant’s alcohol concentration exceeded the limit
34established under 661 IAC 158.6.
35(3) One hundred eighty days after the date the defendant
-28-1last failed to maintain the device as required under 661 IAC
2ch.158.
3c. Notwithstanding paragraph “b”, an ignition interlock
4device installed in a motor vehicle as required by this chapter
5shall not be uninstalled if the defendant has been convicted of
6tampering with or circumventing an ignition interlock device.
72. If the defendant fails a test or retest by an ignition
8interlock device installed in a motor vehicle as required by
9this chapter because the defendant’s alcohol concentration
10exceeded the limit established under 661 IAC 158.6, the failure
11shall be reported by the device or an entity monitoring the
12device to the department.
133. Upon revocation, and at such times as the department may
14require by rule, a defendant shall certify to the department
15that the defendant has installed an approved ignition
16interlock device in all motor vehicles owned or operated by
17the defendant. The department may adopt rules relating to the
18form, manner, and circumstances under which a defendant is
19required to submit a certification to the department that the
20defendant has installed an approved ignition interlock device
21in all motor vehicles owned or operated by the defendant.
224. a. An ignition interlock indigent user fund is created
23in the state treasury. The fund shall be administered by
24the department and shall consist of moneys collected by the
25department under this subsection. The moneys in the fund are
26appropriated to and shall be used by the department to assist
27indigent users of ignition interlock devices in paying for the
28use of the devices. Notwithstanding section 8.33, moneys in
29the fund at the end of each fiscal year shall not revert to any
30other fund but shall remain in the fund for expenditure for
31subsequent fiscal years.
32b. Each month, the department shall assess an ignition
33interlock user fee to each user of an ignition interlock
34device. All ignition interlock user fees shall be collected by
35the department and deposited in the ignition interlock indigent
-29-1user fund. The amount of the monthly ignition interlock user
2fee shall be set by the department so that the moneys in the
3ignition interlock indigent user fund are sufficient to assist
4all indigent users of ignition interlock devices in paying for
5the use of the devices.
6c. A person is indigent for the purposes of this subsection
7if any of the following apply:
8(1) The person has an income level at or below one hundred
9twenty-five percent of the United States poverty level as
10defined by the most recently revised poverty income guidelines
11published by the United States department of health and human
12services, and the department determines that the person is
13unable to pay for the cost of an ignition interlock device. In
14making the determination of a person’s ability to pay for the
15cost of a device, the department shall consider not only the
16person’s income, but also the person’s other assets, including
17but not limited to cash, stocks, bonds, and any other property.
18(2) The person has an income level greater than one hundred
19twenty-five percent, but at or below two hundred percent, of
20the most recently revised poverty income guidelines published
21by the United States department of health and human services,
22and the department determines that paying for the ignition
23interlock device would cause the person substantial hardship.
24In determining whether substantial hardship would result, the
25department shall consider not only the person’s income, but
26also the person’s other assets, including but not limited to
27cash, stocks, bonds, and any other property.
28d. The department shall adopt rules to administer this
29subsection, including but not limited to the manner used to
30determine the monthly ignition interlock user fee and the
31accepted form and manner in which a person may demonstrate
32indigency.
33 Sec. 37. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and
344, Code 2017, are amended to read as follows:
351. A person commits a class “B” felony punishable by
-30-1imprisonment not to exceed fifty years when the person
2unintentionally causes the death of another by operating a
3motor vehicle while intoxicated, as prohibited by section
4321J.2.
51A. a. Upon a plea or verdict of guilty of a violation
6of this subsection 1, the defendant shall surrender to the
7court any Iowa license or permit and the court shall forward
8the license or permit to the department with a copy of the
9order of conviction. Upon receipt of the order of conviction,
10the department shall revoke the defendant’s driver’s license
11or nonresident operating privilege for a period of six years
12 permanently. The defendant shall not be eligible for a any
13 temporary restricted license for at least two years after the
14revocation.
151B. b. Upon a plea or verdict of guilty of a violation of
16this subsection 1, the court shall order the defendant, at the
17defendant’s expense, to do all of the following:
18a. (1) Enroll, attend, and satisfactorily complete a course
19for drinking drivers, as provided in section 321J.22.
20b. (2) Submit to evaluation and treatment or rehabilitation
21services.
221C. A driver’s license or nonresident operating privilege
23shall not be reinstated until proof of completion of the
24requirements of subsection 1B is presented to the department.
251D. c. Where the program is available and appropriate for
26the defendant, the court shall also order the defendant to
27participate in a reality education substance abuse prevention
28program as provided in section 321J.24.
294. a. A person commits a class “C” felony when the person
30unintentionally causes a serious injury, as defined in section
31702.18, by the means described in subsection 1. Upon a plea
32or verdict of guilty of a violation of this paragraph “a”, the
33defendant shall surrender to the court any Iowa license or
34permit and the court shall forward the license or permit to
35the department with a copy of the order of conviction. Upon
-31-1receipt of the order of conviction, the department shall revoke
2the defendant’s driver’s license or nonresident operating
3privilege permanently.
4b. A person commits a class “D” felony when the person
5unintentionally causes a serious injury, as defined in section
6702.18, by any of the means described in subsection 1 or 2.
7 Sec. 38. Section 809A.3, subsection 2, Code 2017, is amended
8to read as follows:
92. Notwithstanding subsection 1, violations of chapter
10321 or 321J shall not be considered conduct giving rise to
11forfeiture, except for violations as provided in any of the
12following:
13a. Section 321.232.
14b. A second or subsequent violation of section 321J.4B,
15subsection 2, paragraph “a”, subparagraph (2).
16c. b. Section 321J.4B, subsection 6, 9, or 10.
17DIVISION III
18PERSONS INVOLVED IN THE SALE OF ALCOHOLIC BEVERAGES
19 Sec. 39. Section 123.39, subsection 1, paragraph b, Code
202017, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (7) Failure to submit a plan and
22procedure for the transportation of intoxicated persons to the
23satisfaction of the division or local authority as required by
24section 123.50, subsection 6.
25 Sec. 40. Section 123.49, Code 2017, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 1A. A person holding a liquor control
28license or wine or beer permit for on-premises consumption
29shall not sell, dispense, or give to a person any alcoholic
30liquor, wine, or beer, if the person’s driver’s license is
31marked pursuant to section 321.189, subsection 2, paragraph
32“0c”.
33 Sec. 41. Section 123.50, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 6. If an employee of a licensee or
-32-1permittee violates section 123.49, subsection 1, the licensee
2or permittee shall submit to the division or local authority
3a plan and procedure for the licensee or permittee to obtain
4transportation for intoxicated persons on the premises of the
5licensee’s or permittee’s business from the licensee’s or
6permittee’s business to the intoxicated person’s home. Failure
7to submit such a plan and procedure to the satisfaction of the
8division or local authority shall be grounds for the suspension
9or revocation of the license or permit of the licensee or
10permittee by the division or the local authority.
11 Sec. 42. Section 123.50A, Code 2017, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 5. An employee or prospective employee
14of a licensee or permittee shall complete or re-complete the
15alcohol compliance employee training program if the employee,
16prospective employee, or another employee of the licensee
17or permittee is convicted of a violation of section 123.49,
18subsection 1 or 1A. The employee or prospective employee shall
19attend the next available alcohol compliance employee training
20program taking place within one hundred miles of the licensee’s
21or permittee’s business.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — STATEWIDE SOBRIETY AND DRUG MONITORING
26PROGRAM. This bill directs the department of public safety
27(DPS) to establish a statewide sobriety and drug monitoring
28program that is available 24 hours per day, seven days per
29week. Under the program, a court or governmental entity, as
30a condition of bond, pretrial release, sentence, probation,
31parole, or a temporary restricted license, may require a person
32who has been charged with, pled guilty to, or been convicted
33of an eligible offense to abstain from alcohol and controlled
34substances for a period of time. The bill provides that an
35eligible offense is a criminal offense in which the abuse of
-33-1alcohol or a controlled substance was a contributing factor
2in the commission of the offense as determined by the court
3or governmental entity of the participating jurisdiction,
4including but not limited to a first or subsequent offense of
5operating while intoxicated (OWI).
6The program requires a person to be subject to testing to
7determine whether alcohol or a controlled substance is present
8in the person’s body at least twice per day at a central
9location where an immediate sanction can be applied. Where
10such testing creates a documented hardship or is geographically
11impractical, an alternative method approved by DPS may be used.
12Hardship or geographic impracticality is determined by
13documentation and consideration of whether a testing device is
14available, whether the participant is capable of paying the
15fees and costs associated with the testing device, whether
16the participant is capable of wearing the testing device, and
17whether the participant fails to qualify for testing twice
18per day because the participant lives in a rural area, the
19participant’s employment requires the participant’s presence at
20a location remote from the testing location, or the participant
21has repeatedly violated the requirements of the program.
22The bill prohibits a person who has been required to
23participate in the program and whose driver’s license is
24suspended or revoked from participating in the program until
25the person is eligible for a temporary restricted license. A
26person must install an ignition interlock device on all motor
27vehicles owned or operated by the person to participate in
28the program. A person who has been charged with, pled guilty
29to, or been convicted of an eligible offense who has not
30been required to participate in the program may apply to the
31participating jurisdiction in order to participate.
32If a jurisdiction applies to and is approved by DPS to
33participate in the program, the bill requires DPS to assist the
34jurisdiction in setting up and administering the program. The
35participating jurisdiction must establish testing locations and
-34-1may designate a third party to provide testing services.
2Any efforts by DPS to alter or modify the core components
3of the program are required to include a documented strategy
4for achieving and measuring the effectiveness of the planned
5alteration or modification. Before the core components of the
6program can be altered or modified, a pilot program must be
7initiated and monitored.
8The bill requires DPS to adopt rules providing for the nature
9and manner of testing; establishing reasonable fees; providing
10for the application, acceptance, and use of public and private
11grants, gifts, and donations; establishing a process for
12the identification and management of indigent participants;
13providing for the creation and administration of a stakeholder
14group to review and recommend changes to the program; and
15establishing a process for the submission and approval of
16applications from jurisdictions. The bill further requires the
17amount of the fees to be set at an amount such that the fees
18collected in a participating jurisdiction are sufficient to pay
19for the costs of the program in the participating jurisdiction,
20including all costs to the state.
21In addition, the bill requires DPS to provide for and approve
22the use of a program data management system to be used by DPS
23and all participating jurisdictions to manage testing, test
24events, test results, data access, fees, the collection of fee
25payments, and the submission and collection of any required
26reports. The bill provides for certain required features of
27the data management system.
28A court may condition any bond or pretrial release otherwise
29authorized by law for a person charged with an eligible offense
30upon participation in the program and payment of the required
31fees. A court may also condition a suspended sentence or
32probation otherwise authorized by law for a person convicted
33of an eligible offense upon participation in the program
34and payment of the required fees. Likewise, the board of
35parole, the department of corrections, or a parole officer
-35-1may condition parole otherwise authorized by law for a person
2convicted of an eligible offense upon participation in the
3program and payment of the required fees.
4The bill requires an order or directive placing a
5participant in the program to include the type of testing
6required to be administered and the length of time that the
7participant is required to remain in the program. At the
8time of enrollment, a representative of the law enforcement
9agency of a participating jurisdiction must enter the
10participant’s information into the data management system. The
11representative of the agency must provide the participant with
12the appropriate materials required by the program, inform the
13participant that the participant’s information may be shared
14for law enforcement and reporting purposes, and provide the
15participant with information related to the required testing,
16procedures, and fees.
17The bill provides that the law enforcement agency of a
18participating jurisdiction must establish and maintain a
19sobriety program account, and collect the required fees. The
20law enforcement agency must distribute a portion of the fees to
21any participating third-party designee in accordance with the
22agreement between the agency and the third-party designee, and
23the remainder of the fees collected must be deposited in the
24participating jurisdiction’s sobriety program account and must
25be used only for the purposes of administering and operating
26the program.
27The bill requires allegations that a participant failed
28a test, refused to submit to a test, or failed to appear
29for testing to be communicated ex parte by the participating
30jurisdiction, a law enforcement agency of the participating
31jurisdiction, or the participating jurisdiction’s third-party
32designee to a magistrate as soon as practicable. A magistrate
33who receives such a communication may order the participant’s
34immediate incarceration pending a hearing on the allegation
35but lasting no longer than 24 hours after the issuance of the
-36-1order, or if the participant failed to appear for testing as
2scheduled, the magistrate may issue a warrant for the arrest of
3the participant for a violation of the terms of bond, pretrial
4release, sentence, probation, or parole.
5Upon the failure of a participant to submit to or pass a
6test under the program, the court may notify the department
7of transportation (DOT) of the participant’s noncompliance
8and direct the DOT to withdraw the participant’s temporary
9restricted license and reinstate the remainder of the license
10suspension or revocation period.
11The bill requires DPS to submit a report to the general
12assembly detailing the effectiveness of the program and making
13recommendations by December 1, 2021.
14DIVISION II — OPERATING WHILE INTOXICATED. The bill
15increases the look-back period for determining whether an
16OWI offense is a first or a subsequent offense from 12 years
17to 25 years. In addition, the bill requires an emblem to be
18displayed on the back of a person’s driver’s license if the
19person has been convicted of an OWI offense or has had the
20person’s driver’s license revoked under Code chapter 321J.
21For a first offense of OWI, the bill increases the driver’s
22license revocation period from 180 days to one year if the
23person submitted to a chemical test, and from one year to two
24years if the person refused a chemical test. For a second
25offense of OWI, the bill increases the driver’s license
26revocation period from one year to two years if the person
27submitted to a chemical test, and from two years to four years
28if the person refused the chemical test. For a third offense
29of OWI, the bill strikes the driver’s license revocation period
30of six years, requires the DOT to revoke a person’s driver’s
31license permanently, and provides that such a person is not
32eligible for a temporary restricted license. If a person
33guilty of any OWI offense seriously injures or kills another
34person, the bill also requires the DOT to revoke the person’s
35driver’s license permanently and provides that such a person is
-37-1not eligible for a temporary restricted license.
2Under Code section 321J.4B (motor vehicle impoundment or
3immobilization), the bill removes from the definition of
4“immobilized” the installation of an ignition interlock device
5of a type approved by the commissioner of public safety. The
6bill increases the penalty for an owner of a vehicle impounded
7or immobilized, who knows of, should have known of, or gives
8consent to the operation of the vehicle by a person with a
9revoked driver’s license due to an OWI violation from a simple
10misdemeanor to a serious misdemeanor. A serious misdemeanor
11is punishable by up to one year in prison and a fine of at
12least $315 but not to exceed $1,875. The bill also increases
13the minimum period of impoundment or immobilization from 180
14days to one year. In addition, the bill provides that a person
15who operates a vehicle with a revoked driver’s license due to
16a second or subsequent OWI violation must have the person’s
17vehicle seized and forfeited to the state. The bill also
18updates certain references in Code chapter 809A (forfeiture
19reform Act).
20Under current law, a preliminary screening test is
21prohibited from being used in any court action except to
22prove that a chemical test was properly requested of a person
23pursuant to Code chapter 321J. The bill specifies that the
24results of a breath test administered after a preliminary
25screening test by a certified operator using a portable breath
26testing instrument may be used as evidence in any court action.
27Current law provides for an expedited warrant procedure to
28withdrawal a specimen of breath, urine, or blood for chemical
29testing from a person involved in a traffic accident that
30has resulted in a death or personal injury reasonably likely
31to cause death, and there are reasonable grounds to believe
32that one or more persons whose driving may have been the
33proximate cause of the accident were operating a vehicle while
34intoxicated. The bill applies the expedited warrant procedure
35to any person who refuses a chemical test where the officer
-38-1has reasonable grounds to believe the person was operating a
2vehicle while intoxicated.
3Current law requires a person guilty of operating while
4intoxicated (OWI) to install an ignition interlock device in
5the person’s vehicle if the person seeks a temporary restricted
6license, unless the person’s alcohol concentration was less
7than .10 and no accident occurred. This bill strikes that
8exception, and also requires a person guilty of OWI to install
9an ignition interlock device in the person’s vehicle upon the
10revocation of the person’s driver’s license rather than upon
11the person’s application for a temporary restricted license.
12Under current law, an ignition interlock device is required
13to be installed in a person’s vehicle for the period of time
14for which the person’s temporary restricted license is issued,
15and up to one additional year after license reinstatement
16if the person has two or more OWI revocations. The bill
17requires the permanent installation of an ignition interlock
18device with one exception. If an ignition interlock device
19was installed in a vehicle as a result of a person’s first
20OWI offense or revocation, the device must be uninstalled two
21years after the date the person’s driver’s license revocation
22period ends, 180 days after the date the person last failed a
23test or retest by the device, or 180 days after the date the
24person last failed to maintain the device as required under DPS
25rules, whichever is later. However, the bill provides that an
26ignition interlock device installed in a vehicle must not be
27uninstalled if the person has been convicted of tampering with
28or circumventing an ignition interlock device.
29The bill provides that a test failure using an ignition
30interlock device must be reported by the device or an entity
31monitoring the device to the DOT. The bill also provides that
32upon revocation, and at such times as the DOT may require, a
33person must certify to the DOT that the person has installed
34an ignition interlock device in all vehicles owned or operated
35by the person.
-39- 1The bill requires the DOT to assess a monthly ignition
2interlock user fee to each user of an ignition interlock
3device. All ignition interlock user fees will be collected
4by the DOT and deposited in an ignition interlock indigent
5user fund (IIIUF). The bill requires the DOT to use the moneys
6in the IIIUF to assist indigent users of ignition interlock
7devices in paying for the use of the devices. The amount of
8the monthly ignition interlock user fee shall be set by the DOT
9so that the moneys in the IIIUF are sufficient to assist all
10indigent users of ignition interlock devices in paying for the
11use of the devices.
12Under the bill, a person is indigent if the person has an
13income level at or below 125 percent of the U.S.poverty level
14and the person is unable to pay for the cost of an ignition
15interlock device. A person is also indigent if the person has
16an income level greater than 125 percent, but at or below 200
17percent, of the U.S.poverty level and paying for the ignition
18interlock device would cause the person substantial hardship.
19The bill increases the punishment for a person who
20unintentionally causes the death of another person by operating
21a vehicle while intoxicated from up to 25 years in prison to
22up to 50 years in prison. In addition, the bill increases
23the punishment for a person who unintentionally causes
24serious injury to another person by operating a vehicle while
25intoxicated from a class “D” felony to a class “C” felony. A
26class “C” felony is punishable by up to 10 years in prison
27and a fine of at least $1,000 but not more than $10,000. By
28operation of law, this prohibits a person who unintentionally
29causes serious injury to another person by operating a vehicle
30while intoxicated from being admitted to bail under Code
31section 811.1.
32DIVISION III — PERSONS INVOLVED IN THE SALE OF ALCOHOLIC
33BEVERAGES. The bill prohibits a person holding a liquor
34control license or wine or beer permit (licensee or permittee)
35for on-premises consumption from selling, dispensing, or giving
-40-1another person any alcoholic liquor, wine, or beer, if the
2person’s driver’s license is marked to reflect that the person
3has been convicted of an OWI offense or has had the person’s
4driver’s license revoked due to an OWI violation. By operation
5of law, a violation of this provision is a simple misdemeanor
6and is grounds for the suspension or revocation of the license
7or permit of the licensee or permittee under Code section
8321.50, and may result in a civil penalty not to exceed $1,000.
9The bill requires a licensee or permittee with an employee
10who has served alcohol to an intoxicated person in violation
11of Code section 321.49 to submit to the alcoholic beverages
12division of the department of commerce or a local authority
13a plan and procedure for the licensee or permittee to obtain
14transportation for intoxicated persons on the premises of a
15licensee’s or permittee’s business from the business to the
16intoxicated person’s home. Failure to submit such a plan
17and procedure to the satisfaction of the division or local
18authority is grounds for the suspension or revocation of the
19license or permit of the licensee or permittee, and may result
20in a civil penalty not to exceed $1,000.
21The bill also requires an employee or prospective employee
22of a licensee or permittee to complete or re-complete an
23alcohol compliance employee training program if the employee,
24prospective employee, or another employee of the licensee or
25permittee is convicted of serving alcohol to an intoxicated
26person or to a person with a driver’s license marked to reflect
27that the person has been convicted of an OWI offense or has had
28the person’s driver’s license revoked due to an OWI violation.
29The bill requires the person to attend the next available
30alcohol compliance employee training program taking place
31within 100 miles of the licensee’s or permittee’s business.
-41-ns/rh
2and persons involved in the sale of alcoholic beverages,
3including the establishment of a statewide sobriety and
4drug monitoring program, establishing fees, and providing
5penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
3 Section 1. LEGISLATIVE FINDINGS — PURPOSE.
41. The general assembly finds that operating a motor vehicle
5in this state is a privilege, not a right. A person who wishes
6to enjoy the benefits of this privilege shall accept the
7corresponding responsibilities.
82. The general assembly declares that the purpose of this
9division of this Act is to do all of the following:
10a. Protect the public health and welfare by reducing the
11number of people on the highways of this state who operate a
12motor vehicle under the influence of alcohol or a controlled
13substance.
14b. Protect the public health and welfare by reducing the
15number of offenders who commit crimes in which the abuse of
16alcohol or a controlled substance is a contributing factor in
17the commission of the crime.
18c. Strengthen the pretrial and post-trial options available
19to prosecutors and judges in responding to offenders who commit
20crimes in which the abuse of alcohol or a controlled substance
21is a contributing factor in the commission of the crime.
22d. Assure the timely and sober participation of offenders
23in judicial proceedings.
243. The general assembly declares that it is important to
25have a centralized repository for all information related to
26alcohol and controlled substance testing required by the laws
27of this state or as a condition of bond, pretrial release,
28sentence, probation, parole, or a temporary restricted license.
29 Sec. 2. NEW SECTION. 901D.1 Short title.
30This chapter shall be known and may be cited as the “Iowa
31Sobriety and Drug Monitoring Program Act”.
32 Sec. 3. NEW SECTION. 901D.2 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Alcohol” means an alcoholic beverage as defined in
-1-1section 321J.1.
22. “Controlled substance” means as defined in section
3124.101.
43. “Department” means the department of public safety.
54. “Eligible offense” means a criminal offense in which the
6abuse of alcohol or a controlled substance was a contributing
7factor in the commission of the offense, as determined by the
8court or governmental entity of the participating jurisdiction.
9“Eligible offense” includes but is not limited to a first or
10subsequent offense of operating while intoxicated in violation
11of section 321J.2.
125. “Immediate sanction” means a sanction that is applied
13within minutes of a failed test result.
146. “Law enforcement agency” means a law enforcement agency
15charged with enforcement of the program created under this
16chapter.
177. “Participating jurisdiction” means a county or other
18governmental entity that chooses to participate in the program
19created under this chapter.
208. “Sobriety and drug monitoring program” or “program” means
21the program established pursuant to section 901D.3.
229. “Testing” means a procedure or set of procedures
23performed to determine the presence of alcohol or a controlled
24substance in a person’s breath or bodily fluid, including
25blood, urine, saliva, and perspiration, and includes any
26combination of breath testing, drug patch testing, urine
27analysis testing, saliva testing, and continuous or transdermal
28alcohol monitoring. Subject to section 901D.3, the department
29may approve additional testing methodologies or the testing of
30alternative bodily fluids.
3110. “Timely sanction” means a sanction that is applied
32within hours or days after a failed test result. A timely
33sanction shall be applied as soon as possible, but the period
34between the failed test result and the application of the
35timely sanction shall not exceed five days.
-2-1 Sec. 4. NEW SECTION. 901D.3 Program created.
21. The department of public safety shall establish a
3statewide sobriety and drug monitoring program to be used
4by participating jurisdictions, which shall be available
5twenty-four hours per day, seven days per week. Pursuant to
6the provisions of this chapter, a court or governmental entity,
7or an authorized officer thereof, within a participating
8jurisdiction may, as a condition of bond, pretrial release,
9sentence, probation, parole, or a temporary restricted license,
10do all of the following:
11a. Require a person who has been charged with, pled guilty
12to, or been convicted of an eligible offense to abstain from
13alcohol and controlled substances for a period of time.
14b. Require the person to be subject to testing to determine
15whether alcohol or a controlled substance is present in the
16person’s body in the following manner:
17(1) At least twice per day at a central location where an
18immediate sanction can be effectively applied.
19(2) Where testing under subparagraph (1) creates a
20documented hardship or is geographically impractical, by an
21alternative method approved by the department and consistent
22with this section where a timely sanction can be effectively
23applied.
242. a. A person who has been required to participate in the
25program by a court or governmental entity and whose driver’s
26license is suspended or revoked shall not begin participation
27in the program or be subject to the testing required by the
28program until the person is eligible for a temporary restricted
29license under applicable law.
30b. In order to participate in the program, a person shall be
31required to install an approved ignition interlock device on
32all motor vehicles owned or operated by the person.
33c. A person wishing to participate in the program who has
34been charged with, pled guilty to, or been convicted of an
35eligible offense, but has not been required by a court or
-3-1governmental entity to participate in the program, may apply
2to the court or governmental entity of the participating
3jurisdiction on a form created by the participating
4jurisdiction, and the court or governmental entity may order
5the person to participate in the program as a condition
6of bond, pretrial release, sentence, probation, parole,
7or a temporary restricted license. The application form
8shall include an itemization of all costs associated with
9participation in the program.
103. The program shall be evidence-based and shall satisfy at
11least two of the following requirements:
12a. The program is included in the United States substance
13abuse and mental health services administration’s national
14registry of evidence-based programs and practices.
15b. The program has been reported in a peer-reviewed journal
16as having positive effects on the primary targeted outcome.
17c. The program has been documented as effective by informed
18experts and other sources.
194. a. The core components of the program shall include
20the use of a primary testing methodology for determining the
21presence of alcohol or a controlled substance in a person that
22best facilitates the ability of a law enforcement agency to
23apply immediate sanctions for failed test results and that is
24available at an affordable cost.
25b. In cases of documented hardship or geographic
26impracticality, or in cases where a program participant
27has received less stringent testing requirements, testing
28methodologies that best facilitate the ability of a law
29enforcement agency to apply timely sanctions for noncompliant
30test results may be utilized. For purposes of this section,
31hardship or geographic impracticality shall be determined by
32documentation and consideration of the following factors:
33(1) Whether a testing device is available.
34(2) Whether the participant is capable of paying the fees
35and costs associated with the testing device.
-4- 1(3) Whether the participant is capable of wearing the
2testing device.
3(4) Whether the participant fails to qualify for testing
4twice per day because of one or more of the following:
5(a) The participant lives in a rural area and submitting to
6testing twice per day would be unduly burdensome.
7(b) The participant’s employment requires the participant’s
8presence at a location remote from the testing location and
9submitting to testing twice per day would be unduly burdensome.
10(c) The participant has repeatedly violated the
11requirements of the program while submitting to testing twice
12per day and poses a substantial risk of continuing to violate
13the requirements of the program.
145. A jurisdiction wishing to participate in the program
15shall submit an application to the department. A jurisdiction
16shall not participate in the program unless the jurisdiction’s
17application for participation has been approved by the
18department. If a jurisdiction is approved for participation in
19the program, the department shall assist the jurisdiction in
20setting up and administering the program in that jurisdiction
21in compliance with this chapter.
226. a. If a jurisdiction participates in the program, the
23participating jurisdiction or a law enforcement agency of the
24participating jurisdiction may designate a third party to
25provide testing services or to take any other action required
26or authorized to be provided by the participating jurisdiction
27or law enforcement agency under this chapter, except a
28third-party designee shall not determine whether to participate
29in the program.
30b. The participating jurisdiction, in consultation with the
31law enforcement agency of the participating jurisdiction, shall
32establish testing locations for the program.
337. Any efforts by the department to alter or modify a core
34component of the program shall include a documented strategy
35for achieving and measuring the effectiveness of the planned
-5-1alteration or modification. Before the department alters or
2modifies a core component of the program, a pilot program
3with defined objectives and timelines shall be initiated, and
4measurements of the effectiveness and impact of the proposed
5alteration or modification to a core component shall be
6monitored. The data shall be assessed and the department
7shall make a determination as to whether the stated goals of
8the alteration or modification were achieved and whether the
9alteration or modification should be formally implemented into
10the program.
11 Sec. 5. NEW SECTION. 901D.4 Rulemaking — fees.
12The department shall adopt rules pursuant to chapter 17A to
13administer this chapter, including but not limited to rules
14regarding any of the following:
151. Providing for the nature and manner of testing, including
16the procedures and apparatus to be used for testing.
172. Establishing reasonable participant, enrollment, and
18testing fees for the program, including fees to pay the costs
19of installation, monitoring, and deactivation of any testing
20device. The fees shall be set at an amount such that the fees
21collected in a participating jurisdiction are sufficient to pay
22for the costs of the program in the participating jurisdiction,
23including all costs to the state associated with the program in
24the participating jurisdiction.
253. Providing for the application, acceptance, and use of
26public and private grants, gifts, and donations to support
27program activities.
284. Establishing a process for the identification and
29management of indigent participants.
305. Providing for the creation and administration of a
31stakeholder group to review and recommend changes to the
32program.
336. Establishing a process for the submission and approval of
34applications from jurisdictions to participate in the program.
35 Sec. 6. NEW SECTION. 901D.5 Data management system.
-6- 11. The department shall provide for and approve the use
2of a program data management system that shall be used by
3the department and all participating jurisdictions to manage
4testing, test events, test results, data access, fees, the
5collection of fee payments, and the submission and collection
6of any required reports.
72. The data management system shall include but is not
8limited to all of the following features:
9a. A secure, remotely hosted, demonstrated, internet-based
10management application that allows multiple concurrent users to
11access and input information.
12b. The support of breath testing, continuous remote
13transdermal alcohol monitoring, drug patch testing, and urine
14analysis testing.
15c. The capability to track and store events including
16but not limited to participant enrollment, testing activity,
17accounting activity, and participating law enforcement agency
18activity.
19d. The capability to generate reports of system fields and
20data. The data management system shall allow reports to be
21generated as needed and on a scheduled basis, and shall allow
22reports to be exported over a network connection or by remote
23printing.
24e. The ability to identify program participants who have
25previously been enrolled in a similar program in this state or
26another state.
273. Unless otherwise required by federal law, all alcohol or
28controlled substance testing performed as a condition of bond,
29pretrial release, sentence, probation, parole, or a temporary
30restricted license shall utilize and input results to the data
31management system.
324. The data management system shall contain sufficient
33security protocols to protect participants’ personal
34information from unauthorized use.
35 Sec. 7. NEW SECTION. 901D.6 Authority to order program
-7-1participation.
21. A court or governmental entity, or an authorized officer
3thereof, in a participating jurisdiction may utilize the
4program as provided in this section. The program shall be a
5preferred program for offenders charged with or convicted of an
6eligible offense.
72. If a person convicted of a first or subsequent offense of
8operating while intoxicated has been required to participate
9in the program, has financial liability coverage pursuant
10to section 321.20B, and the minimum period of ineligibility
11for issuance of a temporary restricted license has expired
12pursuant to chapter 321J, the court may notify the department
13of transportation that, as a participant in the program, the
14person is eligible for a temporary restricted license pursuant
15to section 321J.20.
163. A court may condition any bond or pretrial release
17otherwise authorized by law for a person charged with an
18eligible offense upon participation in the program and payment
19of the fees established pursuant to section 901D.4.
204. A court may condition a suspended sentence or probation
21otherwise authorized by law for a person convicted of an
22eligible offense upon participation in the program and payment
23of the fees established pursuant to section 901D.4.
245. The board of parole, the department of corrections, or
25a parole officer may condition parole otherwise authorized
26by law for a person convicted of an eligible offense upon
27participation in the program and payment of the fees
28established pursuant to section 901D.4.
29 Sec. 8. NEW SECTION. 901D.7 Placement and enrollment.
301. Subject to sections 901D.3 and 901D.6, a participant
31may be placed in the program as a condition of bond, pretrial
32release, sentence, probation, parole, or a temporary
33restricted license. However, a person who has been required to
34participate in the program by a court or governmental entity
35and whose driver’s license is suspended or revoked shall not
-8-1begin participation in the program or be subject to the testing
2required by the program until the person is eligible for a
3temporary restricted license under applicable law.
42. An order or directive placing a participant in the
5program shall include the type of testing required to be
6administered in the program and the length of time that the
7participant is required to remain in the program. The person
8issuing the order or directive shall send a copy of the order
9or directive to the law enforcement agency of the participating
10jurisdiction.
113. Upon receipt of a copy of an order or directive,
12a representative of the law enforcement agency of the
13participating jurisdiction shall enroll a participant in the
14program prior to testing.
154. At the time of enrollment, a representative of the law
16enforcement agency of the participating jurisdiction shall
17enter the participant’s information into the data management
18system described in section 901D.5. The representative of
19the agency shall provide the participant with the appropriate
20materials required by the program, inform the participant that
21the participant’s information may be shared for law enforcement
22and reporting purposes, and provide the participant with
23information related to the required testing, procedures, and
24fees.
255. The participant shall sign a form stating that the
26participant understands the program requirements and releases
27the participant’s information for law enforcement and reporting
28purposes.
296. A participant shall report to the program for testing for
30the length of time ordered by the court, the board of parole,
31the department of corrections, or a parole officer.
32 Sec. 9. NEW SECTION. 901D.8 Collection, distribution, and
33use of fees.
341. The law enforcement agency of a participating
35jurisdiction shall do all of the following:
-9- 1a. Establish and maintain a sobriety program account.
2b. Collect the participant, enrollment, and testing fees
3established pursuant to section 901D.4 and deposit the fees
4and any other funds received for the program into the sobriety
5program account for administration of the program.
62. A participant shall pay all fees directly to the law
7enforcement agency of the participating jurisdiction.
83. a. The law enforcement agency shall distribute a
9portion of the fees to any participating third-party designee
10in accordance with the agreement between the agency and the
11third-party designee.
12b. The remainder of the fees collected shall be deposited in
13the sobriety program account, and shall be used only for the
14purposes of administering and operating the program.
15 Sec. 10. NEW SECTION. 901D.9 Noncompliance.
161. An allegation that a participant failed a test, refused
17to submit to a test, or failed to appear for testing shall
18be communicated ex parte by the participating jurisdiction,
19a law enforcement agency of the participating jurisdiction,
20or the participating jurisdiction’s third-party designee to a
21magistrate as soon as practicable. A magistrate who receives
22such a communication may order the participant’s immediate
23incarceration pending a hearing on the allegation but lasting
24no longer than twenty-four hours after the issuance of the
25order, or if the participant failed to appear for testing as
26scheduled, the magistrate may issue a warrant for the arrest of
27the participant for a violation of the terms of bond, pretrial
28release, sentence, probation, or parole, as applicable.
292. The magistrate may notify the department of
30transportation of the participant’s noncompliance and direct
31the department to withdraw any temporary restricted license
32issued to the participant and reinstate the remainder of any
33applicable license suspension or revocation period provided by
34law.
35 Sec. 11. NEW SECTION. 901D.10 Report.
-10- 1The department, in consultation with the judicial branch
2and the department of transportation, shall by December 1,
32021, submit a report to the general assembly detailing the
4effectiveness of the program established pursuant to this
5chapter and shall make recommendations concerning the continued
6implementation of the program or the elimination of the
7program.
8DIVISION II
9OPERATING WHILE INTOXICATED
10 Sec. 12. Section 321.12, subsection 4, Code 2017, is amended
11to read as follows:
124. The director shall not destroy any operating records
13pertaining to arrests or convictions for operating while
14intoxicated, in violation of section 321J.2, or operating
15records pertaining to revocations for violations of section
16321J.2A, except that a conviction or revocation under section
17321J.2 or 321J.2A that is not subject to 49 C.F.R. pt.383
18shall be deleted from the operating records twelve twenty-five
19 years after the date of conviction or the effective date of
20revocation. Convictions or revocations that are retained in
21the operating records for more than twelve twenty-five years
22under this subsection shall be considered only for purposes of
23disqualification actions under 49 C.F.R. pt. 383.
24 Sec. 13. Section 321.189, subsection 2, Code 2017, is
25amended by adding the following new paragraph:
26 NEW PARAGRAPH. 0c. If the licensee’s operating record
27indicates a conviction or revocation for a violation of section
28321J.2 or 321J.2A, the driver’s license shall contain an
29operating-while-intoxicated emblem designed by the department
30that shall appear prominently on the back of the license.
31 Sec. 14. Section 321.210D, Code 2017, is amended to read as
32follows:
33321.210D Vehicular homicide or serious injury suspension
34— termination upon revocation of license — reopening of
35suspension.
-11- 11. If a trial information or indictment is filed charging a
2person with the offense of homicide by vehicle under section
3707.6A, subsection 1 or 2, or with an offense under section
4707.6A, subsection 4, paragraph “a”, the clerk of the district
5court shall, upon the filing of the information or indictment,
6forward notice to the department including the name and address
7of the party charged, the registration number of the vehicle
8involved, if known, the nature of the offense, and the date of
9the filing of the indictment or information.
102. Upon receiving notice from the clerk of the district
11court that an indictment or information has been filed
12charging an operator with homicide by vehicle under section
13707.6A, subsection 1 or 2 an offense listed in subsection
141, the department shall notify the person that the person’s
15driver’s license will be suspended effective ten days from
16the date of issuance of the notice. The department shall
17adopt rules relating to the suspension of the license of an
18operator pursuant to this section which shall include, but are
19not limited to, procedures for the surrender of the person’s
20license to the department upon the effective date of the
21suspension.
223. If a person whose driver’s license has been suspended
23pursuant to this section is not convicted of the charge of
24homicide or serious injury by vehicle under section 707.6A,
25subsection 1 or 2, upon record entry of disposition of the
26charge, the clerk of the district court shall forward a notice
27including the name and address of the party charged, the
28registration number of the vehicle involved, the nature of the
29offense charged by indictment or information, the date of the
30filing of the indictment or information, and of the disposition
31of the charge to the department. Upon receipt of the notice
32from the clerk, the department shall automatically rescind the
33suspension and reinstate the person’s driver’s license without
34payment of any charge or penalty.
354. Upon receiving a record of conviction under section
-12-1321.206, for a violation of section 707.6A, subsection 1 or
22, or section 707.6A, subsection 4, paragraph “a”, and upon
3revocation of the person’s license or operating privileges
4under section 321.209, the suspension under subsection 2 shall
5automatically terminate in favor of the revocation.
6 Sec. 15. Section 321J.2, subsection 3, paragraph d, Code
72017, is amended to read as follows:
8d. Revocation of the person’s driver’s license for a
9minimum period of one hundred eighty days year up to a maximum
10revocation period of one year two years, pursuant to section
11321J.4, subsection 1, section 321J.9, or section 321J.12,
12subsection 2. If a revocation occurs due to test refusal
13under section 321J.9, the defendant shall be ineligible for a
14temporary restricted license for a minimum period of ninety
15days.
16(1) A defendant whose alcohol concentration is .08 or more
17but not more than .10 shall not be eligible for any temporary
18restricted license for at least thirty days if a test was
19obtained and an accident resulting in personal injury or
20property damage occurred. The department shall require the
21defendant to install an ignition interlock device of a type
22approved by the commissioner of public safety on all vehicles
23owned or operated by the defendant if the defendant seeks a
24temporary restricted license. There shall be no such period of
25ineligibility if no such accident occurred, and the defendant
26shall not be required to install an ignition interlock device.
27(2) A defendant whose alcohol concentration is more than .10
28shall not be eligible for any temporary restricted license for
29at least thirty days if a test was obtained, and an accident
30resulting in personal injury or property damage occurred or the
31defendant’s alcohol concentration exceeded .15. There shall be
32no such period of ineligibility if no such accident occurred
33and the defendant’s alcohol concentration did not exceed .15.
34In either case, where a defendant’s alcohol concentration is
35more than .10, the department shall require the defendant to
-13-1install an ignition interlock device of a type approved by the
2commissioner of public safety on all vehicles owned or operated
3by the defendant if the defendant seeks a temporary restricted
4license.
5 Sec. 16. Section 321J.2, subsection 4, paragraph c, Code
62017, is amended to read as follows:
7c. Revocation of the defendant’s driver’s license for a
8period of one year two years, if a revocation occurs pursuant
9to section 321J.12, subsection 1. If a revocation occurs due
10to test refusal under section 321J.9, or pursuant to section
11321J.4, subsection 2, the defendant’s license shall be revoked
12for a period of two four years.
13 Sec. 17. Section 321J.2, subsection 5, paragraph c, Code
142017, is amended to read as follows:
15c. Revocation Permanent revocation of the person’s driver’s
16license for a period of six years pursuant to section 321J.4,
17subsection 4.
18 Sec. 18. Section 321J.4, subsections 1 and 2, Code 2017, are
19amended to read as follows:
201. If a defendant is convicted of a violation of section
21321J.2 and the defendant’s driver’s license or nonresident
22operating privilege has not been revoked under section 321J.9
23or 321J.12 for the occurrence from which the arrest arose, the
24department shall revoke the defendant’s driver’s license or
25nonresident operating privilege for one hundred eighty days
26 year if the defendant submitted to chemical testing and has had
27no previous conviction or revocation under this chapter and
28shall revoke the defendant’s driver’s license or nonresident
29operating privilege for one year two years if the defendant
30refused to submit to chemical testing and has had no previous
31conviction or revocation under this chapter. The defendant
32shall not be eligible for any temporary restricted license
33for at least ninety days if a test was refused under section
34321J.9.
35a. A defendant whose alcohol concentration is .08 or
-14-1more but not more than .10 shall not be eligible for any
2temporary restricted license for at least thirty days if
3a test was obtained and an accident resulting in personal
4injury or property damage occurred or the defendant’s alcohol
5concentration exceeded .15. The There shall be no such
6period of ineligibility if no such accident occurred and the
7defendant’s alcohol concentration did not exceed .15.
8b. Upon revocation, thedepartment shall require the
9defendant to install an ignition interlock device of a type
10approved by the commissioner of public safety on all vehicles
11owned or operated by the defendant if the defendant seeks a
12temporary restricted license. There shall be no such period of
13ineligibility if no such accident occurred, and the defendant
14shall not be required to install an ignition interlock device.
15b. A defendant whose alcohol concentration is more than .10
16shall not be eligible for any temporary restricted license for
17at least thirty days if a test was obtained and an accident
18resulting in personal injury or property damage occurred or the
19defendant’s alcohol concentration exceeded .15. There shall be
20no such period of ineligibility if no such accident occurred
21and the defendant’s alcohol concentration did not exceed .15.
22In either case, where a defendant’s alcohol concentration is
23more than .10, the department shall require the defendant to
24install an ignition interlock device of a type approved by the
25commissioner of public safety on all vehicles owned or operated
26by the defendant if the defendant seeks a temporary restricted
27license.
28c. If the defendant is under the age of twenty-one, the
29defendant shall not be eligible for a temporary restricted
30license for at least sixty days after the effective date of
31revocation.
322. If a defendant is convicted of a violation of section
33321J.2, and the defendant’s driver’s license or nonresident
34operating privilege has not already been revoked under section
35321J.9 or 321J.12 for the occurrence from which the arrest
-15-1arose, the department shall revoke the defendant’s driver’s
2license or nonresident operating privilege for one year two
3years if the defendant submitted to chemical testing and has
4had a previous conviction or revocation under this chapter and
5shall revoke the defendant’s driver’s license or nonresident
6operating privilege for two four years if the defendant refused
7to submit to chemical testing and has had a previous revocation
8under this chapter. The defendant shall not be eligible for
9any temporary restricted license for forty-five days after the
10effective date of revocation if the defendant submitted to
11chemical testing and shall not be eligible for any temporary
12restricted license for ninety days after the effective date
13of revocation if the defendant refused chemical testing. The
14temporary restricted license shall be issued in accordance
15with section 321J.20, subsection 2. The Upon revocation, the
16 department shall require the defendant to install an ignition
17interlock device of a type approved by the commissioner
18of public safety on all vehicles owned or operated by the
19defendant if the defendant seeks a temporary restricted license
20at the end of the minimum period of ineligibility. A temporary
21restricted license shall not be granted by the department until
22the defendant installs the ignition interlock device.
23 Sec. 19. Section 321J.4, subsection 3, paragraphs a and b,
24Code 2017, are amended to read as follows:
25a. A defendant whose alcohol concentration is .08 or
26more but not more than .10 shall not be eligible for any
27temporary restricted license for at least thirty days if
28a test was obtained and an accident resulting in personal
29injury or property damage occurred or the defendant’s alcohol
30concentration exceeded .15. The There shall be no such
31period of ineligibility if no such accident occurred and the
32defendant’s alcohol concentration did not exceed .15. Upon
33revocation, the department shall require the defendant to
34install an ignition interlock device of a type approved by the
35commissioner of public safety on all vehicles owned or operated
-16-1by the defendant if the defendant seeks a temporary restricted
2license. There shall be no such period of ineligibility if no
3such accident occurred, and the defendant shall not be required
4to install an ignition interlock device.
5b. A defendant whose alcohol concentration is more than .10
6shall not be eligible for any temporary restricted license for
7at least thirty days if a test was obtained and an accident
8resulting in personal injury or property damage occurred or the
9defendant’s alcohol concentration exceeded .15. There shall be
10no such period of ineligibility if no such accident occurred
11and the defendant’s alcohol concentration did not exceed .15.
12In either case, where a defendant’s alcohol concentration is
13more than .10, the department shall require the defendant to
14install an 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 restricted
17license.
18 Sec. 20. Section 321J.4, subsections 4, 5, and 6, Code 2017,
19are amended to read as follows:
204. Upon a plea or verdict of guilty of a third or subsequent
21violation of section 321J.2, the department shall revoke the
22defendant’s driver’s license or nonresident operating privilege
23for a period of six years permanently. The defendant shall not
24be eligible for a any temporary restricted license for one year
25after the effective date of the revocation. The department
26shall require the defendant to install an ignition interlock
27device of a type approved by the commissioner of public safety
28on all vehicles owned or operated by the defendant if the
29defendant seeks a temporary restricted license at the end of
30the minimum period of ineligibility. A temporary restricted
31license shall not be granted by the department until the
32defendant installs the ignition interlock device.
335. Upon a plea or verdict of guilty of a violation of
34section 321J.2 which involved a personal injury, the court
35shall determine in open court, from consideration of the
-17-1information in the file and any other evidence the parties
2may submit, whether a serious injury, as defined in section
3702.18, was sustained by any person other than the defendant
4and, if so, whether the defendant’s conduct in violation of
5section 321J.2 caused the serious injury. If the court so
6determines, the court shall order the department to revoke the
7defendant’s driver’s license or nonresident operating privilege
8for a period of one year in addition to any other period of
9suspension or revocation permanently. The defendant shall not
10be eligible for any temporary restricted license until the
11minimum period of ineligibility has expired under this section
12 or section 321J.9, 321J.12, or 321J.20. The defendant shall
13surrender to the court any Iowa license or permit and the court
14shall forward it the license or permit to the department with a
15copy of the order for revocation.
166. Upon a plea or verdict of guilty of a violation of
17section 321J.2 which involved a death, the court shall
18determine in open court, from consideration of the information
19in the file and any other evidence the parties may submit,
20whether a death occurred and, if so, whether the defendant’s
21conduct in violation of section 321J.2 caused the death. If
22the court so determines, the court shall order the department
23to revoke the defendant’s driver’s license or nonresident
24operating privilege for a period of six years permanently. The
25defendant shall not be eligible for any temporary restricted
26license for at least two years after the revocation. The
27defendant shall surrender to the court any Iowa license or
28permit and the court shall forward it the license or permit to
29the department with a copy of the order for revocation.
30 Sec. 21. Section 321J.4, subsection 8, paragraphs a and c,
31Code 2017, are amended to read as follows:
32a. On a conviction for or as a condition of a deferred
33judgment for a violation of section 321J.2, the court may shall
34 order the defendant to install ignition interlock devices
35of a type approved by the commissioner of public safety on
-18-1all motor vehicles owned or operated by the defendant which,
2without tampering or the intervention of another person, would
3prevent the defendant from operating the motor vehicle with an
4alcohol concentration greater than a level set by rule of the
5commissioner of public safety.
6c. The order to install ignition interlock devices shall
7remain in effect for a period of time as determined by the
8court which shall not exceed the maximum term of imprisonment
9which the court could have imposed according to the nature of
10the violation the period of time required by section 321.20A.
11While the order is in effect, the defendant shall not operate
12a motor vehicle which does not have an approved ignition
13interlock device installed.
14 Sec. 22. Section 321J.4B, subsection 1, paragraph a, Code
152017, is amended to read as follows:
16a. “Immobilized” means the installation of a device in a
17motor vehicle that completely prevents a motor vehicle from
18being operated, or the installation of an ignition interlock
19device of a type approved by the commissioner of public safety.
20 Sec. 23. Section 321J.4B, subsection 4, Code 2017, is
21amended to read as follows:
224. An owner of a motor vehicle impounded or immobilized
23under this section, who knows of, should have known of,
24or gives consent to the operation of, the motor vehicle in
25violation of subsection 2, paragraph “a”, subparagraph (2),
26shall be considered to be all of the following:
27a. Guilty of a simple serious misdemeanor, and.
28b. Jointly and severally liable for any damages caused
29by the person who operated the motor vehicle, subject to the
30provisions of chapter 668.
31 Sec. 24. Section 321J.4B, subsection 5, paragraph d, Code
322017, is amended to read as follows:
33d. The period of impoundment or immobilization of a motor
34vehicle under this section shall be the period of license
35revocation imposed upon the person convicted of the offense or
-19-1one hundred eighty days year, whichever period is longer. The
2impoundment or immobilization period shall commence on the day
3that the vehicle is first impounded or immobilized.
4 Sec. 25. Section 321J.4B, subsection 6, Code 2017, is
5amended to read as follows:
66. Upon conviction of the defendant for a first violation
7of subsection 2, paragraph “a”, subparagraph (2), where the
8defendant’s driver’s license was revoked as a result of a
9second or subsequent violation of section 321J.2, or a second
10or subsequent violation of subsection 2, paragraph “a”,
11subparagraph (2), the court shall order, if the convicted
12person defendant is the owner of the motor vehicle used in the
13commission of the offense, that that motor vehicle be seized
14and forfeited to the state pursuant to chapters 809 and 809A.
15 Sec. 26. Section 321J.5, subsection 2, Code 2017, is amended
16to read as follows:
172. The results of this preliminary screening test may be
18used for the purpose of deciding whether an arrest should be
19made or whether to request a chemical test authorized in this
20chapter, but shall not be used in any court action except to
21prove that a chemical test was properly requested of a person
22pursuant to this chapter. However, the results of a breath
23test administered after a preliminary screening test pursuant
24to section 321J.6, subsection 2, by a certified operator using
25a portable breath testing instrument intended to determine
26alcohol concentration, and using methods approved by the
27commissioner of public safety pursuant to section 321J.15, may
28be used as evidence in any court action.
29 Sec. 27. Section 321J.9, subsections 1 and 2, Code 2017, are
30amended to read as follows:
311. If a person refuses to submit to the chemical testing, a
32test shall not be given, but the department, upon the receipt
33of the peace officer’s certification, subject to penalty for
34perjury, that the officer had reasonable grounds to believe the
35person to have been operating a motor vehicle in violation of
-20-1section 321J.2 or 321J.2A, that specified conditions existed
2for chemical testing pursuant to section 321J.6, and that the
3person refused to submit to the chemical testing, shall revoke
4the person’s driver’s license and any nonresident operating
5privilege for the following periods of time:
6a. One year Two years if the person has no previous
7revocation under this chapter; and
8b. Two Four years if the person has had a previous
9revocation under this chapter.
102. a. A person whose driver’s license or nonresident
11operating privileges are revoked under subsection 1 shall not
12be eligible for a temporary restricted license for at least
13ninety days after the effective date of the revocation. A
14temporary restricted license issued to a person whose driver’s
15license or nonresident driving privilege has been revoked under
16subsection 1, paragraph “b”, shall be issued in accordance with
17section 321J.20, subsection 2.
18b. The department shall require the defendant to install
19an ignition interlock device of a type approved by the
20commissioner of public safety on all vehicles owned or operated
21by the defendant if the defendant seeks a temporary restricted
22license at the end of the minimum period of ineligibility upon
23revocation of the defendant’s driver’s license unless the
24defendant’s driver’s license or nonresident operating privilege
25has been permanently revoked under this chapter. A temporary
26restricted license shall not be granted by the department until
27the defendant installs the ignition interlock device.
28 Sec. 28. Section 321J.10, subsection 1, Code 2017, is
29amended to read as follows:
301. Refusal to consent to a test under section 321J.6 does
31not prohibit the withdrawal of a specimen for chemical testing
32pursuant to a search warrant issued in the investigation of
33a suspected violation of section 707.5 or 707.6A 321J.2 or
34321J.2A if all of the following grounds exist:
35a. A traffic accident has resulted in a death or personal
-21-1injury reasonably likely to cause death.
2b. There there are reasonable grounds to believe that one or
3more of the persons whose driving may have been the proximate
4cause of the accident the person was violating section 321J.2
5or 321J.2A at the time of the accident suspected violation.
6 Sec. 29. Section 321J.10, subsection 3, paragraph c, Code
72017, is amended to read as follows:
8c. The oral application testimony shall set forth facts and
9information tending to establish the existence of the grounds
10for the warrant and shall describe with a reasonable degree of
11specificity the person or persons whose driving is believed to
12have been the proximate cause of the accident and from whom a
13specimen is to be withdrawn in violation of section 321J.2 or
14321J.2A and the location where the withdrawal of the specimen
15or specimens is to take place.
16 Sec. 30. Section 321J.12, subsections 1 and 2, Code 2017,
17are amended to read as follows:
181. Upon certification, subject to penalty for perjury, by
19the peace officer that there existed reasonable grounds to
20believe that the person had been operating a motor vehicle in
21violation of section 321J.2, that there existed one or more
22of the necessary conditions for chemical testing described in
23section 321J.6, subsection 1, and that the person submitted to
24chemical testing and the test results indicated the presence
25of a controlled substance or other drug, or an alcohol
26concentration equal to or in excess of the level prohibited by
27section 321J.2, or a combination of alcohol and another drug in
28violation of section 321J.2, the department shall revoke the
29person’s driver’s license or nonresident operating privilege
30for the following periods of time:
31a. One hundred eighty days year if the person has had no
32revocation under this chapter.
33b. One year Two years if the person has had a previous
34revocation under this chapter.
352. a. A person whose driver’s license or nonresident
-22-1operating privileges have been revoked under subsection 1,
2paragraph “a”, whose alcohol concentration is .08 or more but
3not more than .10 shall not be eligible for any temporary
4restricted license for at least thirty days after the effective
5date of the revocation if a test was obtained and an accident
6resulting in personal injury or property damage occurred or
7the defendant’s alcohol concentration exceeded .15. The There
8shall be no such period of ineligibility if no such accident
9occurred and the defendant’s alcohol concentration did not
10exceed .15.
11b. Upon revocation, thedepartment shall require the
12defendant to install an ignition interlock device of a type
13approved by the commissioner of public safety on all vehicles
14owned or operated by the defendant if the defendant seeks a
15temporary license unless the defendant’s driver’s license
16or nonresident operating privilege has been permanently
17revoked under this chapter. There shall be no such period of
18ineligibility if no such accident occurred, and the defendant
19shall not be required to install an ignition interlock device.
20b. A defendant whose alcohol concentration is more than .10
21shall not be eligible for any temporary restricted license for
22at least thirty days if a test was obtained and an accident
23resulting in personal injury or property damage occurred or the
24defendant’s alcohol concentration exceeded .15. There shall be
25no such period of ineligibility if no such accident occurred
26and the defendant’s alcohol concentration did not exceed .15.
27In either case, where a defendant’s alcohol concentration is
28more than .10, the department shall require the defendant to
29install an ignition interlock device of a type approved by the
30commissioner of public safety on all vehicles owned or operated
31by the defendant if the defendant seeks a temporary restricted
32license.
33c. If the person is under the age of twenty-one, the person
34shall not be eligible for a temporary restricted license for at
35least sixty days after the effective date of the revocation.
-23- 1d. A person whose license or privileges have been revoked
2under subsection 1, paragraph “b”, for one year shall not be
3eligible for any temporary restricted license for forty-five
4days after the effective date of the revocation, and upon
5revocation the department shall require the person to install
6an ignition interlock device of a type approved by the
7commissioner of public safety on all vehicles owned or operated
8by the defendant if the defendant seeks a temporary restricted
9license at the end of the minimum period of ineligibility
10 unless the defendant’s driver’s license or nonresident
11operating privilege has been permanently revoked under this
12chapter. The temporary restricted license shall be issued in
13accordance with section 321J.20, subsection 2. A temporary
14restricted license shall not be granted by the department until
15the defendant installs the ignition interlock device.
16 Sec. 31. Section 321J.17, subsection 3, Code 2017, is
17amended to read as follows:
183. The department shall also require certification of
19installation of an ignition interlock device of a type approved
20by the commissioner of public safety on all motor vehicles
21owned or operated by any person seeking reinstatement following
22a second or subsequent revocation under section 321J.4,
23321J.9, or 321J.12. The requirement for the installation of
24an approved ignition interlock device shall be for one year
25from the date of reinstatement unless a longer time period is
26required by statute the period of time required under section
27321J.20A. The one-year period a person is required to maintain
28an ignition interlock device under this subsection shall be
29reduced by any period of time the person held a valid temporary
30restricted license during the period of the revocation for
31the occurrence from which the arrest arose. The person shall
32not operate any motor vehicle which is not equipped with an
33approved ignition interlock device during the period in which
34an ignition interlock device must be maintained, and the
35department shall not grant reinstatement unless the person
-24-1certifies installation of an ignition interlock device as
2required in this subsection.
3 Sec. 32. Section 321J.20, subsection 1, paragraph a,
4unnumbered paragraph 1, Code 2017, is amended to read as
5follows:
6The department may, on application, issue a temporary
7restricted license to a person whose noncommercial driver’s
8license is revoked under this chapter allowing unless the
9person’s noncommercial driver’s license has been permanently
10revoked. A temporary restricted license issued under this
11subsection may allow the person to drive to and from the
12person’s home and specified places at specified times which can
13be verified by the department and which are required by the
14person’s full-time or part-time employment, continuing health
15care or the continuing health care of another who is dependent
16upon the person, continuing education while enrolled in an
17educational institution on a part-time or full-time basis and
18while pursuing a course of study leading to a diploma, degree,
19or other certification of successful educational completion,
20substance abuse treatment, court-ordered community service
21responsibilities, and appointments with the person’s parole or
22probation officer, and participation in a program established
23pursuant to chapter 901D, if the person’s driver’s license has
24not been revoked previously under section 321J.4, 321J.9, or
25321J.12 and if any of the following apply:
26 Sec. 33. Section 321J.20, subsection 1, paragraphs b and d,
27Code 2017, are amended to read as follows:
28b. A temporary restricted license may be issued under this
29subsection if the person’s noncommercial driver’s license is
30revoked for two years under section 321J.4, subsection 2, or
31section 321J.9, subsection 1, paragraph “b”, and the first three
32hundred sixty-five days of the revocation have expired.
33d. Following the applicable minimum period of ineligibility,
34a temporary restricted license under this subsection shall not
35be issued until unless the applicant installs has installed
-25-1 an ignition interlock device of a type approved by the
2commissioner of public safety on all motor vehicles owned or
3operated by the applicant in accordance with section 321J.2,
4321J.4, 321J.9, or 321J.12. Installation of an ignition
5interlock device under this subsection shall be required for
6the period of time for which the temporary restricted license
7is issued and for such additional period of time following
8reinstatement as is required under section 321J.17, subsection
93 provided under section 321J.20A.
10 Sec. 34. Section 321J.20, subsections 2 and 3, Code 2017,
11are amended to read as follows:
122. a. Notwithstanding section 321.560, the department may,
13on application, and upon the expiration of the minimum period
14of ineligibility for a temporary restricted license provided
15for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
16temporary restricted license to a person whose noncommercial
17driver’s license has either been revoked under this chapter, or
18revoked or suspended under chapter 321 solely for violations
19of this chapter, or who has been determined to be a habitual
20offender under chapter 321 based solely on violations of this
21chapter or on violations listed in section 321.560, subsection
221, paragraph “b”, and who is not eligible for a temporary
23restricted license under subsection 1. However, the department
24may shall not issue a temporary restricted license under
25this subsection for a violation of section 321J.2A, or to a
26person under the age of twenty-one whose license is revoked
27under section 321J.4, 321J.9, or 321J.12, or to a person whose
28noncommercial driver’s license has been permanently revoked
29under this chapter. A temporary restricted license issued
30under this subsection may allow the person to drive to and
31from the person’s home and specified places at specified times
32which can be verified by the department and which are required
33by the person’s full-time or part-time employment; continuing
34education while enrolled in an educational institution on a
35part-time or full-time basis and while pursuing a course of
-26-1study leading to a diploma, degree, or other certification
2of successful educational completion; or substance abuse
3treatment; or participation in a program established pursuant
4to chapter 901D.
5b. A temporary restricted license issued under this
6subsection shall not be issued until unless the applicant
7installs has installed an approved ignition interlock device
8on all motor vehicles owned or operated by the applicant.
9Installation of an ignition interlock device under this
10subsection shall be required for the period of time for
11which the temporary restricted license is issued, and for
12such additional period of time following reinstatement as is
13required under section 321J.17, subsection 3 provided under
14section 321J.20A. However, a person whose driver’s license or
15nonresident operating privilege has been revoked under section
16321J.21 may apply to the department for a temporary restricted
17license without the requirement of an ignition interlock device
18if at least twelve twenty-five years have elapsed since the end
19of the underlying revocation period for a first violation of
20section 321J.2.
213. If a person required to install an ignition interlock
22device or participate in a program established pursuant to
23chapter 901D operates a motor vehicle which does not have an
24approved ignition interlock device or while not in compliance
25with the program, or if the person tampers with or circumvents
26an ignition interlock device, in addition to other penalties
27provided, the person’s temporary restricted license shall be
28revoked.
29 Sec. 35. Section 321J.20, Code 2017, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 10. Notwithstanding any other provision of
32law to the contrary, in any circumstance in which this chapter
33requires the installation of an ignition interlock device in
34all vehicles owned or operated by a person as a condition of
35the person’s license or privilege to operate noncommercial
-27-1motor vehicles, the department shall require the person to
2participate in and be in compliance with a sobriety and drug
3monitoring program established pursuant to chapter 901D if the
4person’s offense under this chapter qualifies as an eligible
5offense as defined in section 901D.2, and the person’s offense
6occurred in a participating jurisdiction, as defined in section
7901D.2. The department, in consultation with the department
8of public safety, may adopt rules for issuing and accepting a
9certification of participation in and compliance with a program
10established pursuant to chapter 901D. This subsection shall be
11construed and implemented to comply with 23 U.S.C.§164(a), as
12amended by the federal Fixing America’s Surface Transportation
13Act, Pub.L. No.114-94, §1414, and shall not apply if such
14application results in a finding of noncompliance with 23
15U.S.C.§164 that results or will result in a reservation
16or transfer of funds pursuant to 23 U.S.C.§164(b). This
17subsection shall not authorize the operation of a motor vehicle
18for any purpose not otherwise authorized by this chapter.
19 Sec. 36. NEW SECTION. 321J.20A Ignition interlock devices
20— duration of requirements — indigent user fund.
211. a. An ignition interlock device installed in a motor
22vehicle as required by this chapter shall be installed in the
23vehicle for as long as the defendant is the owner or operator
24of the vehicle, except as provided in this subsection.
25b. If an ignition interlock device was installed in a
26motor vehicle as a result of the defendant’s first offense or
27revocation under this chapter, the device shall be uninstalled
28after the later of the following:
29(1) Two years after the date the defendant’s driver’s
30license revocation period ends.
31(2) One hundred eighty days after the date the defendant
32last failed a test or retest by the device because the
33defendant’s alcohol concentration exceeded the limit
34established under 661 IAC 158.6.
35(3) One hundred eighty days after the date the defendant
-28-1last failed to maintain the device as required under 661 IAC
2ch.158.
3c. Notwithstanding paragraph “b”, an ignition interlock
4device installed in a motor vehicle as required by this chapter
5shall not be uninstalled if the defendant has been convicted of
6tampering with or circumventing an ignition interlock device.
72. If the defendant fails a test or retest by an ignition
8interlock device installed in a motor vehicle as required by
9this chapter because the defendant’s alcohol concentration
10exceeded the limit established under 661 IAC 158.6, the failure
11shall be reported by the device or an entity monitoring the
12device to the department.
133. Upon revocation, and at such times as the department may
14require by rule, a defendant shall certify to the department
15that the defendant has installed an approved ignition
16interlock device in all motor vehicles owned or operated by
17the defendant. The department may adopt rules relating to the
18form, manner, and circumstances under which a defendant is
19required to submit a certification to the department that the
20defendant has installed an approved ignition interlock device
21in all motor vehicles owned or operated by the defendant.
224. a. An ignition interlock indigent user fund is created
23in the state treasury. The fund shall be administered by
24the department and shall consist of moneys collected by the
25department under this subsection. The moneys in the fund are
26appropriated to and shall be used by the department to assist
27indigent users of ignition interlock devices in paying for the
28use of the devices. Notwithstanding section 8.33, moneys in
29the fund at the end of each fiscal year shall not revert to any
30other fund but shall remain in the fund for expenditure for
31subsequent fiscal years.
32b. Each month, the department shall assess an ignition
33interlock user fee to each user of an ignition interlock
34device. All ignition interlock user fees shall be collected by
35the department and deposited in the ignition interlock indigent
-29-1user fund. The amount of the monthly ignition interlock user
2fee shall be set by the department so that the moneys in the
3ignition interlock indigent user fund are sufficient to assist
4all indigent users of ignition interlock devices in paying for
5the use of the devices.
6c. A person is indigent for the purposes of this subsection
7if any of the following apply:
8(1) The person has an income level at or below one hundred
9twenty-five percent of the United States poverty level as
10defined by the most recently revised poverty income guidelines
11published by the United States department of health and human
12services, and the department determines that the person is
13unable to pay for the cost of an ignition interlock device. In
14making the determination of a person’s ability to pay for the
15cost of a device, the department shall consider not only the
16person’s income, but also the person’s other assets, including
17but not limited to cash, stocks, bonds, and any other property.
18(2) The person has an income level greater than one hundred
19twenty-five percent, but at or below two hundred percent, of
20the most recently revised poverty income guidelines published
21by the United States department of health and human services,
22and the department determines that paying for the ignition
23interlock device would cause the person substantial hardship.
24In determining whether substantial hardship would result, the
25department shall consider not only the person’s income, but
26also the person’s other assets, including but not limited to
27cash, stocks, bonds, and any other property.
28d. The department shall adopt rules to administer this
29subsection, including but not limited to the manner used to
30determine the monthly ignition interlock user fee and the
31accepted form and manner in which a person may demonstrate
32indigency.
33 Sec. 37. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and
344, Code 2017, are amended to read as follows:
351. A person commits a class “B” felony punishable by
-30-1imprisonment not to exceed fifty years when the person
2unintentionally causes the death of another by operating a
3motor vehicle while intoxicated, as prohibited by section
4321J.2.
51A. a. Upon a plea or verdict of guilty of a violation
6of this subsection 1, the defendant shall surrender to the
7court any Iowa license or permit and the court shall forward
8the license or permit to the department with a copy of the
9order of conviction. Upon receipt of the order of conviction,
10the department shall revoke the defendant’s driver’s license
11or nonresident operating privilege for a period of six years
12 permanently. The defendant shall not be eligible for a any
13 temporary restricted license for at least two years after the
14revocation.
151B. b. Upon a plea or verdict of guilty of a violation of
16this subsection 1, the court shall order the defendant, at the
17defendant’s expense, to do all of the following:
18a. (1) Enroll, attend, and satisfactorily complete a course
19for drinking drivers, as provided in section 321J.22.
20b. (2) Submit to evaluation and treatment or rehabilitation
21services.
221C. A driver’s license or nonresident operating privilege
23shall not be reinstated until proof of completion of the
24requirements of subsection 1B is presented to the department.
251D. c. Where the program is available and appropriate for
26the defendant, the court shall also order the defendant to
27participate in a reality education substance abuse prevention
28program as provided in section 321J.24.
294. a. A person commits a class “C” felony when the person
30unintentionally causes a serious injury, as defined in section
31702.18, by the means described in subsection 1. Upon a plea
32or verdict of guilty of a violation of this paragraph “a”, the
33defendant shall surrender to the court any Iowa license or
34permit and the court shall forward the license or permit to
35the department with a copy of the order of conviction. Upon
-31-1receipt of the order of conviction, the department shall revoke
2the defendant’s driver’s license or nonresident operating
3privilege permanently.
4b. A person commits a class “D” felony when the person
5unintentionally causes a serious injury, as defined in section
6702.18, by any of the means described in subsection 1 or 2.
7 Sec. 38. Section 809A.3, subsection 2, Code 2017, is amended
8to read as follows:
92. Notwithstanding subsection 1, violations of chapter
10321 or 321J shall not be considered conduct giving rise to
11forfeiture, except for violations as provided in any of the
12following:
13a. Section 321.232.
14b. A second or subsequent violation of section 321J.4B,
15subsection 2, paragraph “a”, subparagraph (2).
16c. b. Section 321J.4B, subsection 6, 9, or 10.
17DIVISION III
18PERSONS INVOLVED IN THE SALE OF ALCOHOLIC BEVERAGES
19 Sec. 39. Section 123.39, subsection 1, paragraph b, Code
202017, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (7) Failure to submit a plan and
22procedure for the transportation of intoxicated persons to the
23satisfaction of the division or local authority as required by
24section 123.50, subsection 6.
25 Sec. 40. Section 123.49, Code 2017, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 1A. A person holding a liquor control
28license or wine or beer permit for on-premises consumption
29shall not sell, dispense, or give to a person any alcoholic
30liquor, wine, or beer, if the person’s driver’s license is
31marked pursuant to section 321.189, subsection 2, paragraph
32“0c”.
33 Sec. 41. Section 123.50, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 6. If an employee of a licensee or
-32-1permittee violates section 123.49, subsection 1, the licensee
2or permittee shall submit to the division or local authority
3a plan and procedure for the licensee or permittee to obtain
4transportation for intoxicated persons on the premises of the
5licensee’s or permittee’s business from the licensee’s or
6permittee’s business to the intoxicated person’s home. Failure
7to submit such a plan and procedure to the satisfaction of the
8division or local authority shall be grounds for the suspension
9or revocation of the license or permit of the licensee or
10permittee by the division or the local authority.
11 Sec. 42. Section 123.50A, Code 2017, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 5. An employee or prospective employee
14of a licensee or permittee shall complete or re-complete the
15alcohol compliance employee training program if the employee,
16prospective employee, or another employee of the licensee
17or permittee is convicted of a violation of section 123.49,
18subsection 1 or 1A. The employee or prospective employee shall
19attend the next available alcohol compliance employee training
20program taking place within one hundred miles of the licensee’s
21or permittee’s business.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — STATEWIDE SOBRIETY AND DRUG MONITORING
26PROGRAM. This bill directs the department of public safety
27(DPS) to establish a statewide sobriety and drug monitoring
28program that is available 24 hours per day, seven days per
29week. Under the program, a court or governmental entity, as
30a condition of bond, pretrial release, sentence, probation,
31parole, or a temporary restricted license, may require a person
32who has been charged with, pled guilty to, or been convicted
33of an eligible offense to abstain from alcohol and controlled
34substances for a period of time. The bill provides that an
35eligible offense is a criminal offense in which the abuse of
-33-1alcohol or a controlled substance was a contributing factor
2in the commission of the offense as determined by the court
3or governmental entity of the participating jurisdiction,
4including but not limited to a first or subsequent offense of
5operating while intoxicated (OWI).
6The program requires a person to be subject to testing to
7determine whether alcohol or a controlled substance is present
8in the person’s body at least twice per day at a central
9location where an immediate sanction can be applied. Where
10such testing creates a documented hardship or is geographically
11impractical, an alternative method approved by DPS may be used.
12Hardship or geographic impracticality is determined by
13documentation and consideration of whether a testing device is
14available, whether the participant is capable of paying the
15fees and costs associated with the testing device, whether
16the participant is capable of wearing the testing device, and
17whether the participant fails to qualify for testing twice
18per day because the participant lives in a rural area, the
19participant’s employment requires the participant’s presence at
20a location remote from the testing location, or the participant
21has repeatedly violated the requirements of the program.
22The bill prohibits a person who has been required to
23participate in the program and whose driver’s license is
24suspended or revoked from participating in the program until
25the person is eligible for a temporary restricted license. A
26person must install an ignition interlock device on all motor
27vehicles owned or operated by the person to participate in
28the program. A person who has been charged with, pled guilty
29to, or been convicted of an eligible offense who has not
30been required to participate in the program may apply to the
31participating jurisdiction in order to participate.
32If a jurisdiction applies to and is approved by DPS to
33participate in the program, the bill requires DPS to assist the
34jurisdiction in setting up and administering the program. The
35participating jurisdiction must establish testing locations and
-34-1may designate a third party to provide testing services.
2Any efforts by DPS to alter or modify the core components
3of the program are required to include a documented strategy
4for achieving and measuring the effectiveness of the planned
5alteration or modification. Before the core components of the
6program can be altered or modified, a pilot program must be
7initiated and monitored.
8The bill requires DPS to adopt rules providing for the nature
9and manner of testing; establishing reasonable fees; providing
10for the application, acceptance, and use of public and private
11grants, gifts, and donations; establishing a process for
12the identification and management of indigent participants;
13providing for the creation and administration of a stakeholder
14group to review and recommend changes to the program; and
15establishing a process for the submission and approval of
16applications from jurisdictions. The bill further requires the
17amount of the fees to be set at an amount such that the fees
18collected in a participating jurisdiction are sufficient to pay
19for the costs of the program in the participating jurisdiction,
20including all costs to the state.
21In addition, the bill requires DPS to provide for and approve
22the use of a program data management system to be used by DPS
23and all participating jurisdictions to manage testing, test
24events, test results, data access, fees, the collection of fee
25payments, and the submission and collection of any required
26reports. The bill provides for certain required features of
27the data management system.
28A court may condition any bond or pretrial release otherwise
29authorized by law for a person charged with an eligible offense
30upon participation in the program and payment of the required
31fees. A court may also condition a suspended sentence or
32probation otherwise authorized by law for a person convicted
33of an eligible offense upon participation in the program
34and payment of the required fees. Likewise, the board of
35parole, the department of corrections, or a parole officer
-35-1may condition parole otherwise authorized by law for a person
2convicted of an eligible offense upon participation in the
3program and payment of the required fees.
4The bill requires an order or directive placing a
5participant in the program to include the type of testing
6required to be administered and the length of time that the
7participant is required to remain in the program. At the
8time of enrollment, a representative of the law enforcement
9agency of a participating jurisdiction must enter the
10participant’s information into the data management system. The
11representative of the agency must provide the participant with
12the appropriate materials required by the program, inform the
13participant that the participant’s information may be shared
14for law enforcement and reporting purposes, and provide the
15participant with information related to the required testing,
16procedures, and fees.
17The bill provides that the law enforcement agency of a
18participating jurisdiction must establish and maintain a
19sobriety program account, and collect the required fees. The
20law enforcement agency must distribute a portion of the fees to
21any participating third-party designee in accordance with the
22agreement between the agency and the third-party designee, and
23the remainder of the fees collected must be deposited in the
24participating jurisdiction’s sobriety program account and must
25be used only for the purposes of administering and operating
26the program.
27The bill requires allegations that a participant failed
28a test, refused to submit to a test, or failed to appear
29for testing to be communicated ex parte by the participating
30jurisdiction, a law enforcement agency of the participating
31jurisdiction, or the participating jurisdiction’s third-party
32designee to a magistrate as soon as practicable. A magistrate
33who receives such a communication may order the participant’s
34immediate incarceration pending a hearing on the allegation
35but lasting no longer than 24 hours after the issuance of the
-36-1order, or if the participant failed to appear for testing as
2scheduled, the magistrate may issue a warrant for the arrest of
3the participant for a violation of the terms of bond, pretrial
4release, sentence, probation, or parole.
5Upon the failure of a participant to submit to or pass a
6test under the program, the court may notify the department
7of transportation (DOT) of the participant’s noncompliance
8and direct the DOT to withdraw the participant’s temporary
9restricted license and reinstate the remainder of the license
10suspension or revocation period.
11The bill requires DPS to submit a report to the general
12assembly detailing the effectiveness of the program and making
13recommendations by December 1, 2021.
14DIVISION II — OPERATING WHILE INTOXICATED. The bill
15increases the look-back period for determining whether an
16OWI offense is a first or a subsequent offense from 12 years
17to 25 years. In addition, the bill requires an emblem to be
18displayed on the back of a person’s driver’s license if the
19person has been convicted of an OWI offense or has had the
20person’s driver’s license revoked under Code chapter 321J.
21For a first offense of OWI, the bill increases the driver’s
22license revocation period from 180 days to one year if the
23person submitted to a chemical test, and from one year to two
24years if the person refused a chemical test. For a second
25offense of OWI, the bill increases the driver’s license
26revocation period from one year to two years if the person
27submitted to a chemical test, and from two years to four years
28if the person refused the chemical test. For a third offense
29of OWI, the bill strikes the driver’s license revocation period
30of six years, requires the DOT to revoke a person’s driver’s
31license permanently, and provides that such a person is not
32eligible for a temporary restricted license. If a person
33guilty of any OWI offense seriously injures or kills another
34person, the bill also requires the DOT to revoke the person’s
35driver’s license permanently and provides that such a person is
-37-1not eligible for a temporary restricted license.
2Under Code section 321J.4B (motor vehicle impoundment or
3immobilization), the bill removes from the definition of
4“immobilized” the installation of an ignition interlock device
5of a type approved by the commissioner of public safety. The
6bill increases the penalty for an owner of a vehicle impounded
7or immobilized, who knows of, should have known of, or gives
8consent to the operation of the vehicle by a person with a
9revoked driver’s license due to an OWI violation from a simple
10misdemeanor to a serious misdemeanor. A serious misdemeanor
11is punishable by up to one year in prison and a fine of at
12least $315 but not to exceed $1,875. The bill also increases
13the minimum period of impoundment or immobilization from 180
14days to one year. In addition, the bill provides that a person
15who operates a vehicle with a revoked driver’s license due to
16a second or subsequent OWI violation must have the person’s
17vehicle seized and forfeited to the state. The bill also
18updates certain references in Code chapter 809A (forfeiture
19reform Act).
20Under current law, a preliminary screening test is
21prohibited from being used in any court action except to
22prove that a chemical test was properly requested of a person
23pursuant to Code chapter 321J. The bill specifies that the
24results of a breath test administered after a preliminary
25screening test by a certified operator using a portable breath
26testing instrument may be used as evidence in any court action.
27Current law provides for an expedited warrant procedure to
28withdrawal a specimen of breath, urine, or blood for chemical
29testing from a person involved in a traffic accident that
30has resulted in a death or personal injury reasonably likely
31to cause death, and there are reasonable grounds to believe
32that one or more persons whose driving may have been the
33proximate cause of the accident were operating a vehicle while
34intoxicated. The bill applies the expedited warrant procedure
35to any person who refuses a chemical test where the officer
-38-1has reasonable grounds to believe the person was operating a
2vehicle while intoxicated.
3Current law requires a person guilty of operating while
4intoxicated (OWI) to install an ignition interlock device in
5the person’s vehicle if the person seeks a temporary restricted
6license, unless the person’s alcohol concentration was less
7than .10 and no accident occurred. This bill strikes that
8exception, and also requires a person guilty of OWI to install
9an ignition interlock device in the person’s vehicle upon the
10revocation of the person’s driver’s license rather than upon
11the person’s application for a temporary restricted license.
12Under current law, an ignition interlock device is required
13to be installed in a person’s vehicle for the period of time
14for which the person’s temporary restricted license is issued,
15and up to one additional year after license reinstatement
16if the person has two or more OWI revocations. The bill
17requires the permanent installation of an ignition interlock
18device with one exception. If an ignition interlock device
19was installed in a vehicle as a result of a person’s first
20OWI offense or revocation, the device must be uninstalled two
21years after the date the person’s driver’s license revocation
22period ends, 180 days after the date the person last failed a
23test or retest by the device, or 180 days after the date the
24person last failed to maintain the device as required under DPS
25rules, whichever is later. However, the bill provides that an
26ignition interlock device installed in a vehicle must not be
27uninstalled if the person has been convicted of tampering with
28or circumventing an ignition interlock device.
29The bill provides that a test failure using an ignition
30interlock device must be reported by the device or an entity
31monitoring the device to the DOT. The bill also provides that
32upon revocation, and at such times as the DOT may require, a
33person must certify to the DOT that the person has installed
34an ignition interlock device in all vehicles owned or operated
35by the person.
-39- 1The bill requires the DOT to assess a monthly ignition
2interlock user fee to each user of an ignition interlock
3device. All ignition interlock user fees will be collected
4by the DOT and deposited in an ignition interlock indigent
5user fund (IIIUF). The bill requires the DOT to use the moneys
6in the IIIUF to assist indigent users of ignition interlock
7devices in paying for the use of the devices. The amount of
8the monthly ignition interlock user fee shall be set by the DOT
9so that the moneys in the IIIUF are sufficient to assist all
10indigent users of ignition interlock devices in paying for the
11use of the devices.
12Under the bill, a person is indigent if the person has an
13income level at or below 125 percent of the U.S.poverty level
14and the person is unable to pay for the cost of an ignition
15interlock device. A person is also indigent if the person has
16an income level greater than 125 percent, but at or below 200
17percent, of the U.S.poverty level and paying for the ignition
18interlock device would cause the person substantial hardship.
19The bill increases the punishment for a person who
20unintentionally causes the death of another person by operating
21a vehicle while intoxicated from up to 25 years in prison to
22up to 50 years in prison. In addition, the bill increases
23the punishment for a person who unintentionally causes
24serious injury to another person by operating a vehicle while
25intoxicated from a class “D” felony to a class “C” felony. A
26class “C” felony is punishable by up to 10 years in prison
27and a fine of at least $1,000 but not more than $10,000. By
28operation of law, this prohibits a person who unintentionally
29causes serious injury to another person by operating a vehicle
30while intoxicated from being admitted to bail under Code
31section 811.1.
32DIVISION III — PERSONS INVOLVED IN THE SALE OF ALCOHOLIC
33BEVERAGES. The bill prohibits a person holding a liquor
34control license or wine or beer permit (licensee or permittee)
35for on-premises consumption from selling, dispensing, or giving
-40-1another person any alcoholic liquor, wine, or beer, if the
2person’s driver’s license is marked to reflect that the person
3has been convicted of an OWI offense or has had the person’s
4driver’s license revoked due to an OWI violation. By operation
5of law, a violation of this provision is a simple misdemeanor
6and is grounds for the suspension or revocation of the license
7or permit of the licensee or permittee under Code section
8321.50, and may result in a civil penalty not to exceed $1,000.
9The bill requires a licensee or permittee with an employee
10who has served alcohol to an intoxicated person in violation
11of Code section 321.49 to submit to the alcoholic beverages
12division of the department of commerce or a local authority
13a plan and procedure for the licensee or permittee to obtain
14transportation for intoxicated persons on the premises of a
15licensee’s or permittee’s business from the business to the
16intoxicated person’s home. Failure to submit such a plan
17and procedure to the satisfaction of the division or local
18authority is grounds for the suspension or revocation of the
19license or permit of the licensee or permittee, and may result
20in a civil penalty not to exceed $1,000.
21The bill also requires an employee or prospective employee
22of a licensee or permittee to complete or re-complete an
23alcohol compliance employee training program if the employee,
24prospective employee, or another employee of the licensee or
25permittee is convicted of serving alcohol to an intoxicated
26person or to a person with a driver’s license marked to reflect
27that the person has been convicted of an OWI offense or has had
28the person’s driver’s license revoked due to an OWI violation.
29The bill requires the person to attend the next available
30alcohol compliance employee training program taking place
31within 100 miles of the licensee’s or permittee’s business.
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