Bill Text: IA HSB251 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to driver's license restrictions, including ignition interlock device requirements for a first operating-while-intoxicated offense.(See HF 757.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-05 - Committee report approving bill, renumbered as HF 757. [HSB251 Detail]
Download: Iowa-2021-HSB251-Introduced.html
House
Study
Bill
251
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
driver’s
license
restrictions,
including
1
ignition
interlock
device
requirements
for
a
first
2
operating-while-intoxicated
offense.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.218,
subsection
3,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
The
department,
upon
receiving
the
record
of
the
3
conviction
of
a
person
under
this
section
upon
a
charge
of
4
operating
a
motor
vehicle
while
the
license
of
the
person
is
5
suspended
or
revoked,
shall,
except
for
licenses
suspended
6
under
section
252J.8
,
321.210,
subsection
1
,
paragraph
“a”
,
7
subparagraph
(3),
or
section
321.210A
or
321.513
,
extend
the
8
period
of
suspension
or
revocation
for
an
additional
like
9
period
or
for
one
year,
whichever
period
is
shorter
,
and
the
10
department
shall
not
issue
a
new
driver’s
license
to
the
person
11
during
the
extended
period
.
12
Sec.
2.
Section
321J.2,
subsection
3,
paragraph
d,
Code
13
2021,
is
amended
to
read
as
follows:
14
d.
Revocation
of
the
person’s
driver’s
license
for
a
minimum
15
period
of
one
hundred
eighty
days
up
to
a
maximum
revocation
16
period
of
one
year,
pursuant
to
section
321J.4,
subsection
17
1
,
section
321J.9
,
or
section
321J.12
.
The
department
shall
18
require
the
defendant
to
install
an
ignition
interlock
device
19
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
20
vehicles
owned
or
operated
by
the
defendant
if
the
defendant
21
seeks
a
temporary
restricted
license.
22
Sec.
3.
Section
321J.4,
subsections
1
and
3,
Code
2021,
are
23
amended
to
read
as
follows:
24
1.
If
a
defendant
is
convicted
of
a
violation
of
section
25
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
26
operating
privilege
has
not
been
revoked
under
section
321J.9
27
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
28
department
shall
revoke
the
defendant’s
driver’s
license
or
29
nonresident
operating
privilege
for
one
hundred
eighty
days
30
if
the
defendant
submitted
to
chemical
testing
and
has
had
31
no
previous
conviction
or
revocation
under
this
chapter
and
32
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
33
operating
privilege
for
one
year
if
the
defendant
refused
to
34
submit
to
chemical
testing
and
has
had
no
previous
conviction
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or
revocation
under
this
chapter
.
The
department
shall
require
1
the
defendant
to
install
an
ignition
interlock
device
of
a
type
2
approved
by
the
commissioner
of
public
safety
on
all
vehicles
3
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
4
temporary
restricted
license.
5
3.
If
the
court
defers
judgment
pursuant
to
section
907.3
6
for
a
violation
of
section
321J.2
,
and
if
the
defendant’s
7
driver’s
license
or
nonresident
operating
privilege
has
not
8
been
revoked
under
section
321J.9
or
321J.12
,
or
has
not
9
otherwise
been
revoked
for
the
occurrence
from
which
the
arrest
10
arose,
the
department
shall
revoke
the
defendant’s
driver’s
11
license
or
nonresident
operating
privilege
for
a
period
of
12
not
less
than
thirty
days
nor
more
than
ninety
days.
The
13
department
shall
require
the
defendant
to
install
an
ignition
14
interlock
device
of
a
type
approved
by
the
commissioner
15
of
public
safety
on
all
vehicles
owned
or
operated
by
the
16
defendant
if
the
defendant
seeks
a
temporary
restricted
17
license.
18
Sec.
4.
Section
321J.4,
subsection
8,
paragraphs
a
and
d,
19
Code
2021,
are
amended
to
read
as
follows:
20
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
21
judgment
for
a
violation
of
section
321J.2
,
the
court
may
22
order
the
defendant
to
install
ignition
interlock
devices
23
of
a
type
approved
by
the
commissioner
of
public
safety
on
24
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
25
without
tampering
or
the
intervention
of
another
person,
would
26
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
27
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
28
commissioner
of
public
safety.
However,
if
the
defendant
has
29
had
no
previous
conviction
or
revocation
under
this
chapter,
30
the
court’s
order
shall
require
the
defendant
to
install
31
approved
ignition
interlock
devices
only
on
all
motor
vehicles
32
operated
by
the
defendant.
33
d.
If
the
defendant’s
driver’s
license
or
nonresident
34
operating
privilege
has
been
revoked,
the
department
shall
not
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issue
a
temporary
permit
or
a
driver’s
license
to
the
person
1
without
certification
that
approved
ignition
interlock
devices
2
have
been
installed
in
on
all
motor
vehicles
owned
or
operated
3
by
the
defendant
while
the
order
is
in
effect.
However,
if
the
4
defendant
has
had
no
previous
conviction
or
revocation
under
5
this
chapter,
the
department
shall
require
certification
that
6
approved
ignition
interlock
devices
have
been
installed
only
on
7
all
motor
vehicles
operated
by
the
defendant.
8
Sec.
5.
Section
321J.9,
subsection
2,
Code
2021,
is
amended
9
to
read
as
follows:
10
2.
The
department
shall
require
the
defendant
to
install
11
an
ignition
interlock
device
of
a
type
approved
by
the
12
commissioner
of
public
safety
on
all
vehicles
owned
or
13
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
14
restricted
license.
However,
if
the
defendant
has
had
no
15
previous
conviction
or
revocation
under
this
chapter,
the
16
department
shall
only
require
the
defendant
to
install
an
17
approved
ignition
interlock
device
on
all
vehicles
operated
by
18
the
defendant
if
the
defendant
seeks
a
temporary
restricted
19
license.
A
temporary
restricted
license
shall
not
be
granted
20
by
the
department
until
the
defendant
installs
the
ignition
21
interlock
device.
22
Sec.
6.
Section
321J.12,
subsection
2,
Code
2021,
is
amended
23
to
read
as
follows:
24
2.
The
department
shall
require
the
defendant
to
install
25
an
ignition
interlock
device
of
a
type
approved
by
the
26
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
27
by
the
defendant
if
the
defendant
seeks
a
temporary
license.
28
However,
if
the
defendant
has
had
no
previous
conviction
or
29
revocation
under
this
chapter,
the
department
shall
only
30
require
the
defendant
to
install
an
approved
ignition
interlock
31
device
on
all
vehicles
operated
by
the
defendant
if
the
32
defendant
seeks
a
temporary
restricted
license.
A
temporary
33
restricted
license
shall
not
be
granted
by
the
department
until
34
the
defendant
installs
the
ignition
interlock
device.
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Sec.
7.
Section
321J.20,
subsection
2,
Code
2021,
is
amended
1
to
read
as
follows:
2
2.
A
temporary
restricted
license
issued
under
this
section
3
shall
not
be
issued
until
the
applicant
installs
an
approved
4
ignition
interlock
device
on
all
motor
vehicles
owned
or
5
operated
by
the
applicant.
However,
if
the
applicant
has
6
had
no
previous
conviction
or
revocation
under
this
chapter,
7
a
temporary
restricted
license
issued
under
this
section
8
shall
not
be
issued
until
the
applicant
installs
an
approved
9
ignition
interlock
device
on
all
motor
vehicles
operated
by
10
the
applicant.
Installation
of
an
ignition
interlock
device
11
under
this
section
shall
be
required
for
the
period
of
time
12
for
which
the
temporary
restricted
license
is
issued,
and
for
13
such
additional
period
of
time
following
reinstatement
as
14
is
required
under
section
321J.17,
subsection
3
.
However,
15
a
person
whose
driver’s
license
or
nonresident
operating
16
privilege
has
been
revoked
under
section
321J.21
may
apply
to
17
the
department
for
a
temporary
restricted
license
without
the
18
requirement
of
an
ignition
interlock
device
if
at
least
twelve
19
years
have
elapsed
since
the
end
of
the
underlying
revocation
20
period
for
a
violation
of
section
321J.2
.
21
Sec.
8.
Section
321J.21,
subsection
2,
Code
2021,
is
amended
22
to
read
as
follows:
23
2.
In
addition
to
the
fine,
the
department,
upon
receiving
24
the
record
of
the
conviction
of
a
person
under
this
section
25
upon
a
charge
of
driving
a
motor
vehicle
while
the
license
of
26
the
person
was
suspended,
denied,
revoked,
or
barred
shall
27
extend
the
period
of
suspension,
denial,
revocation,
or
bar
for
28
an
additional
like
period
,
and
the
department
shall
not
issue
a
29
new
license
during
the
additional
period
.
30
Sec.
9.
Section
901D.7,
subsection
2,
paragraph
a,
31
subparagraph
(4),
Code
2021,
is
amended
to
read
as
follows:
32
(4)
A
requirement
that
the
participant
submit
to
the
law
33
enforcement
agency
of
the
participating
jurisdiction
proof
34
that
the
participant
has
installed
an
approved
ignition
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interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
1
participant
,
or
only
motor
vehicles
operated
by
the
participant
2
if
authorized
under
chapter
321J,
as
applicable,
prior
to
the
3
end
of
participation
in
the
program,
unless
the
court
enters
4
an
order
pursuant
to
paragraph
“c”
finding
the
participant
is
5
not
required
to
provide
proof
of
installation
of
an
approved
6
ignition
interlock
device
as
a
condition
of
the
participant’s
7
completion
of
the
program.
8
Sec.
10.
Section
901D.7,
subsection
2,
paragraph
c,
9
subparagraph
(1),
unnumbered
paragraph
1,
Code
2021,
is
amended
10
to
read
as
follows:
11
A
court
shall
only
enter
an
order
finding
the
participant
is
12
not
required
to
provide
proof
of
installation
of
an
approved
13
ignition
interlock
device
on
all
motor
vehicles
owned
or
14
operated
by
the
participant
,
or
only
motor
vehicles
operated
15
by
the
participant
if
authorized
under
chapter
321J,
as
16
applicable,
if
any
of
the
following
apply:
17
Sec.
11.
Section
901D.7,
subsection
2,
paragraph
c,
18
subparagraph
(1),
subparagraph
division
(b),
Code
2021,
is
19
amended
to
read
as
follows:
20
(b)
The
participant
will
not
own
or
operate
a
motor
vehicle
21
or
have
a
motor
vehicle
registered
in
the
participant’s
name
22
at
the
time
the
participant
completes
the
program,
and
the
23
participant
has
submitted
an
affidavit
stating
such.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
the
department
of
transportation
(DOT),
28
upon
receiving
a
record
of
a
conviction
of
a
person
for
29
certain
charges
of
operating
a
motor
vehicle
while
the
person’s
30
driver’s
license
is
suspended,
denied,
revoked,
or
barred,
is
31
required
to
extend
the
period
of
the
license
restriction
for
an
32
additional
like
period
(Code
section
321J.21)
or
an
additional
33
like
period
or
one
year,
whichever
is
shorter
(Code
section
34
321.218),
and
the
DOT
is
prohibited
from
issuing
a
new
driver’s
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license
to
the
person
during
the
extended
period.
This
bill
1
strikes
the
prohibition.
2
Under
current
law,
if
a
person
seeks
a
temporary
restricted
3
license
following
an
operating-while-intoxicated
(OWI)
4
offense,
the
person
is
required
to
install
an
approved
ignition
5
interlock
device
on
all
motor
vehicles
owned
or
operated
by
6
the
person.
The
bill
requires
a
person
seeking
a
temporary
7
restricted
license
following
a
first
OWI
offense
to
install
an
8
approved
ignition
interlock
device
only
on
all
motor
vehicles
9
operated
by
the
person.
The
bill
makes
corresponding
changes
10
to
Code
chapters
321J
(operating
while
intoxicated)
and
901D
11
(sobriety
and
drug
monitoring
program).
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