Bill Text: IA HF186 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to ignition interlock devices installed in the motor vehicles of first-time operating-while-intoxicated offenders.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-02-10 - Subcommittee, Jones, Branhagen, and Olson. H.J. 297. [HF186 Detail]
Download: Iowa-2015-HF186-Introduced.html
House File 186 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to ignition interlock devices installed in the 2 motor vehicles of first=time operating=while=intoxicated 3 offenders. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1835YH (2) 86 ns/nh PAG LIN 1 1 Section 1. Section 321J.2, subsection 3, paragraph d, 1 2 subparagraph (1), Code 2015, is amended to read as follows: 1 3 (1) A defendant whose alcohol concentration is .08 or more 1 4 but not more than .10 shall not be eligible for any temporary 1 5 restricted license for at least thirty days if a test was 1 6 obtained and an accident resulting in personal injury or 1 7 property damage occurred. There shall be no such period of 1 8 ineligibility if no such accident occurred. The department 1 9 shall require the defendant to install an ignition interlock 1 10 device of a type approved by the commissioner of public safety 1 11 on all vehicles owned or operated by the defendant if the 1 12 defendant seeks a temporary restricted license.There shall be 1 13 no such period of ineligibility if no such accident occurred, 1 14 and the defendant shall not be required to install an ignition 1 15 interlock device.1 16 Sec. 2. Section 321J.4, subsection 1, paragraph a, Code 1 17 2015, is amended to read as follows: 1 18 a. A defendant whose alcohol concentration is .08 or more 1 19 but not more than .10 shall not be eligible for any temporary 1 20 restricted license for at least thirty days if a test was 1 21 obtained and an accident resulting in personal injury or 1 22 property damage occurred. There shall be no such period of 1 23 ineligibility if no such accident occurred. The department 1 24 shall require the defendant to install an ignition interlock 1 25 device of a type approved by the commissioner of public safety 1 26 on all vehicles owned or operated by the defendant if the 1 27 defendant seeks a temporary restricted license.There shall be 1 28 no such period of ineligibility if no such accident occurred, 1 29 and the defendant shall not be required to install an ignition 1 30 interlock device.1 31 Sec. 3. Section 321J.4, subsection 3, paragraph a, Code 1 32 2015, is amended to read as follows: 1 33 a. A defendant whose alcohol concentration is .08 or more 1 34 but not more than .10 shall not be eligible for any temporary 1 35 restricted license for at least thirty days if a test was 2 1 obtained and an accident resulting in personal injury or 2 2 property damage occurred. There shall be no such period of 2 3 ineligibility if no such accident occurred. The department 2 4 shall require the defendant to install an ignition interlock 2 5 device of a type approved by the commissioner of public safety 2 6 on all vehicles owned or operated by the defendant if the 2 7 defendant seeks a temporary restricted license.There shall be 2 8 no such period of ineligibility if no such accident occurred, 2 9 and the defendant shall not be required to install an ignition 2 10 interlock device.2 11 Sec. 4. Section 321J.4, subsection 8, paragraph a, Code 2 12 2015, is amended to read as follows: 2 13 a. On a conviction for or as a condition of a deferred 2 14 judgment for a violation of section 321J.2, the courtmayshall 2 15 order the defendant to install ignition interlock devices 2 16 of a type approved by the commissioner of public safety on 2 17 all motor vehicles owned or operated by the defendant which, 2 18 without tampering or the intervention of another person, would 2 19 prevent the defendant from operating the motor vehicle with an 2 20 alcohol concentration greater than a level set by rule of the 2 21 commissioner of public safety. 2 22 Sec. 5. Section 321J.12, subsection 2, paragraph a, Code 2 23 2015, is amended to read as follows: 2 24 a. A person whose driver's license or nonresident operating 2 25 privileges have been revoked under subsection 1, paragraph "a", 2 26 whose alcohol concentration is .08 or more but not more than 2 27 .10 shall not be eligible for any temporary restricted license 2 28 for at least thirty days after the effective date of the 2 29 revocation if a test was obtained and an accident resulting in 2 30 personal injury or property damage occurred. There shall be no 2 31 such period of ineligibility if no such accident occurred. The 2 32 department shall require the defendant to install an ignition 2 33 interlock device of a type approved by the commissioner 2 34 of public safety on all vehicles owned or operated by the 2 35 defendant if the defendant seeks a temporary license.There 3 1 shall be no such period of ineligibility if no such accident 3 2 occurred, and the defendant shall not be required to install 3 3 an ignition interlock device.3 4 EXPLANATION 3 5 The inclusion of this explanation does not constitute agreement with 3 6 the explanation's substance by the members of the general assembly. 3 7 Current law allows a first=time operating=while=intoxicated 3 8 (OWI) offender to operate a motor vehicle with a temporary 3 9 restricted driver's license, but without an ignition interlock 3 10 device, where, during the offense, the offender's alcohol 3 11 concentration was .10 or below and the offender did not cause 3 12 an accident. This bill eliminates this provision. 3 13 The bill provides that a first=time OWI offender with 3 14 a temporary restricted driver's license shall install an 3 15 ignition interlock device in the offender's vehicle, whether 3 16 the offender's driver's license revocation was the result of 3 17 sentencing, deferred judgment, or administrative revocation, 3 18 and regardless of the offender's alcohol concentration at the 3 19 time of the offense. LSB 1835YH (2) 86 ns/nh
