Bill Text: IA HF16 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to ignition interlock device requirements for a first operating-while-intoxicated offense. (See HF 714.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Committee report, recommending passage. H.J. 469. [HF16 Detail]
Download: Iowa-2019-HF16-Introduced.html
House
File
16
-
Introduced
HOUSE
FILE
16
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
ignition
interlock
device
requirements
for
a
1
first
operating-while-intoxicated
offense.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321J.2,
subsection
3,
paragraph
d,
Code
1
2019,
is
amended
to
read
as
follows:
2
d.
Revocation
of
the
person’s
driver’s
license
for
a
minimum
3
period
of
one
hundred
eighty
days
up
to
a
maximum
revocation
4
period
of
one
year,
pursuant
to
section
321J.4,
subsection
5
1
,
section
321J.9
,
or
section
321J.12
.
The
department
shall
6
require
the
defendant
to
install
an
ignition
interlock
device
7
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
8
vehicles
owned
or
operated
by
the
defendant
if
the
defendant
9
seeks
a
temporary
restricted
license.
10
Sec.
2.
Section
321J.4,
subsections
1
and
3,
Code
2019,
are
11
amended
to
read
as
follows:
12
1.
If
a
defendant
is
convicted
of
a
violation
of
section
13
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
14
operating
privilege
has
not
been
revoked
under
section
321J.9
15
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
16
department
shall
revoke
the
defendant’s
driver’s
license
or
17
nonresident
operating
privilege
for
one
hundred
eighty
days
18
if
the
defendant
submitted
to
chemical
testing
and
has
had
19
no
previous
conviction
or
revocation
under
this
chapter
and
20
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
21
operating
privilege
for
one
year
if
the
defendant
refused
to
22
submit
to
chemical
testing
and
has
had
no
previous
conviction
23
or
revocation
under
this
chapter
.
The
department
shall
require
24
the
defendant
to
install
an
ignition
interlock
device
of
a
type
25
approved
by
the
commissioner
of
public
safety
on
all
vehicles
26
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
27
temporary
restricted
license.
28
3.
If
the
court
defers
judgment
pursuant
to
section
907.3
29
for
a
violation
of
section
321J.2
,
and
if
the
defendant’s
30
driver’s
license
or
nonresident
operating
privilege
has
not
31
been
revoked
under
section
321J.9
or
321J.12
,
or
has
not
32
otherwise
been
revoked
for
the
occurrence
from
which
the
arrest
33
arose,
the
department
shall
revoke
the
defendant’s
driver’s
34
license
or
nonresident
operating
privilege
for
a
period
of
35
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not
less
than
thirty
days
nor
more
than
ninety
days.
The
1
department
shall
require
the
defendant
to
install
an
ignition
2
interlock
device
of
a
type
approved
by
the
commissioner
3
of
public
safety
on
all
vehicles
owned
or
operated
by
the
4
defendant
if
the
defendant
seeks
a
temporary
restricted
5
license.
6
Sec.
3.
Section
321J.4,
subsection
8,
paragraphs
a
and
d,
7
Code
2019,
are
amended
to
read
as
follows:
8
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
9
judgment
for
a
violation
of
section
321J.2
,
the
court
may
10
order
the
defendant
to
install
ignition
interlock
devices
11
of
a
type
approved
by
the
commissioner
of
public
safety
on
12
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
13
without
tampering
or
the
intervention
of
another
person,
would
14
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
15
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
16
commissioner
of
public
safety.
However,
if
the
defendant
has
17
had
no
previous
conviction
or
revocation
under
this
chapter,
18
the
court’s
order
shall
require
the
defendant
to
install
19
approved
ignition
interlock
devices
only
on
all
motor
vehicles
20
operated
by
the
defendant.
21
d.
If
the
defendant’s
driver’s
license
or
nonresident
22
operating
privilege
has
been
revoked,
the
department
shall
not
23
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
24
without
certification
that
approved
ignition
interlock
devices
25
have
been
installed
in
on
all
motor
vehicles
owned
or
operated
26
by
the
defendant
while
the
order
is
in
effect.
However,
if
the
27
defendant
has
had
no
previous
conviction
or
revocation
under
28
this
chapter,
the
department
shall
require
certification
that
29
approved
ignition
interlock
devices
have
been
installed
only
on
30
all
motor
vehicles
operated
by
the
defendant.
31
Sec.
4.
Section
321J.9,
subsection
2,
Code
2019,
is
amended
32
to
read
as
follows:
33
2.
The
department
shall
require
the
defendant
to
install
34
an
ignition
interlock
device
of
a
type
approved
by
the
35
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commissioner
of
public
safety
on
all
vehicles
owned
or
1
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
2
restricted
license.
However,
if
the
defendant
has
had
no
3
previous
conviction
or
revocation
under
this
chapter,
the
4
department
shall
only
require
the
defendant
to
install
an
5
approved
ignition
interlock
device
on
all
vehicles
operated
by
6
the
defendant
if
the
defendant
seeks
a
temporary
restricted
7
license.
A
temporary
restricted
license
shall
not
be
granted
8
by
the
department
until
the
defendant
installs
the
ignition
9
interlock
device.
10
Sec.
5.
Section
321J.12,
subsection
2,
Code
2019,
is
amended
11
to
read
as
follows:
12
2.
The
department
shall
require
the
defendant
to
install
13
an
ignition
interlock
device
of
a
type
approved
by
the
14
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
15
by
the
defendant
if
the
defendant
seeks
a
temporary
license.
16
However,
if
the
defendant
has
had
no
previous
conviction
or
17
revocation
under
this
chapter,
the
department
shall
only
18
require
the
defendant
to
install
an
approved
ignition
interlock
19
device
on
all
vehicles
operated
by
the
defendant
if
the
20
defendant
seeks
a
temporary
restricted
license.
A
temporary
21
restricted
license
shall
not
be
granted
by
the
department
until
22
the
defendant
installs
the
ignition
interlock
device.
23
Sec.
6.
Section
321J.20,
subsection
2,
Code
2019,
is
amended
24
to
read
as
follows:
25
2.
A
temporary
restricted
license
issued
under
this
section
26
shall
not
be
issued
until
the
applicant
installs
an
approved
27
ignition
interlock
device
on
all
motor
vehicles
owned
or
28
operated
by
the
applicant.
However,
if
the
applicant
has
29
had
no
previous
conviction
or
revocation
under
this
chapter,
30
a
temporary
restricted
license
issued
under
this
section
31
shall
not
be
issued
until
the
applicant
installs
an
approved
32
ignition
interlock
device
on
all
motor
vehicles
operated
by
33
the
applicant.
Installation
of
an
ignition
interlock
device
34
under
this
section
shall
be
required
for
the
period
of
time
35
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for
which
the
temporary
restricted
license
is
issued,
and
for
1
such
additional
period
of
time
following
reinstatement
as
2
is
required
under
section
321J.17,
subsection
3
.
However,
3
a
person
whose
driver’s
license
or
nonresident
operating
4
privilege
has
been
revoked
under
section
321J.21
may
apply
to
5
the
department
for
a
temporary
restricted
license
without
the
6
requirement
of
an
ignition
interlock
device
if
at
least
twelve
7
years
have
elapsed
since
the
end
of
the
underlying
revocation
8
period
for
a
violation
of
section
321J.2
.
9
Sec.
7.
Section
901D.3,
subsection
2,
paragraph
b,
Code
10
2019,
is
amended
to
read
as
follows:
11
b.
In
order
to
participate
in
the
program,
a
person
shall
be
12
required
to
install
an
approved
ignition
interlock
device
on
13
all
motor
vehicles
owned
or
operated
by
the
person.
However,
14
if
the
person
has
had
no
previous
conviction
or
revocation
15
under
chapter
321J,
the
person
shall
only
be
required
to
16
install
an
approved
ignition
interlock
device
on
all
motor
17
vehicles
operated
by
the
person.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
Under
current
law,
if
a
person
seeks
a
temporary
restricted
22
license
following
an
operating-while-intoxicated
(OWI)
23
offense,
the
person
is
required
to
install
an
approved
ignition
24
interlock
device
on
all
motor
vehicles
owned
or
operated
by
25
the
person.
This
bill
requires
a
person
seeking
a
temporary
26
restricted
license
following
a
first
OWI
offense
to
install
an
27
approved
ignition
interlock
device
only
on
all
motor
vehicles
28
operated
by
the
person.
The
bill
makes
corresponding
changes
29
to
Code
chapters
321J
(operating
while
intoxicated)
and
901D
30
(sobriety
and
drug
monitoring
program).
31
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