Bill Text: IA HSB618 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to operating-while-intoxicated offenses, including temporary restricted licenses and ignition interlock devices, providing penalties, making penalties applicable, and including effective date and applicability provisions.(See HF 2423.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-08 - Committee report approving bill, renumbered as HF 2423. [HSB618 Detail]

Download: Iowa-2023-HSB618-Introduced.html

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House Study Bill 618 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON THOMPSON)
A BILL FOR
An Act relating to operating-while-intoxicated offenses,
including temporary restricted licenses and ignition
interlock devices, providing penalties, making penalties
applicable, and including effective date and applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321J.2, subsection 3, paragraph d, Code
2024, is amended to read as follows:
d. Revocation of the person’s driver’s license for a minimum
period of one hundred eighty days up to a maximum revocation
period of one year, pursuant to section 321J.4, subsection
1 , section 321J.9 , or section 321J.12 . The department shall
require the defendant to install an ignition interlock device
of a type approved by the commissioner of public safety on all
vehicles operated by the defendant if the defendant seeks a
temporary restricted license as provided in section 321J.20 or
as a condition of reinstatement as provided in section 321J.17 .
Sec. 2. Section 321J.4, subsections 1, 2, 3, and 4, Code
2024, are amended to read as follows:
1. If a defendant is convicted of a violation of section
321J.2 and the defendant’s driver’s license or nonresident
operating privilege has not been revoked under section 321J.9
or 321J.12 for the occurrence from which the arrest arose, the
department shall revoke the defendant’s driver’s license or
nonresident operating privilege for one hundred eighty days
if the defendant submitted to chemical testing and has had
no previous conviction or revocation under this chapter and
shall revoke the defendant’s driver’s license or nonresident
operating privilege for one year if the defendant refused to
submit to chemical testing and has had no previous conviction
or revocation under this chapter . The department shall require
the defendant to install an ignition interlock device of a type
approved by the commissioner of public safety on all vehicles
operated by the defendant if the defendant seeks a temporary
restricted license as provided in section 321J.20 or as a
condition of reinstatement as provided in section 321J.17 .
2. If a defendant is convicted of a violation of section
321J.2 , and the defendant’s driver’s license or nonresident
operating privilege has not already been revoked under section
321J.9 or 321J.12 for the occurrence from which the arrest
arose, the department shall revoke the defendant’s driver’s
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license or nonresident operating privilege for one year if the
defendant submitted to chemical testing and has had a previous
conviction or revocation under this chapter and shall revoke
the defendant’s driver’s license or nonresident operating
privilege for two years if the defendant refused to submit
to chemical testing and has had a previous revocation under
this chapter . The department shall require the defendant to
install an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned or operated
by the defendant if the defendant seeks a temporary restricted
license as provided in section 321J.20 or as a condition of
reinstatement as provided in section 321J.17 . A temporary
restricted license shall not be granted and a driver’s license
shall not be reinstated by the department until the defendant
installs the ignition interlock device.
3. If the court defers judgment pursuant to section 907.3
for a violation of section 321J.2 , and if the defendant’s
driver’s license or nonresident operating privilege has not
been revoked under section 321J.9 or 321J.12 , or has not
otherwise been revoked for the occurrence from which the arrest
arose, the department shall revoke the defendant’s driver’s
license or nonresident operating privilege for a period of
not less than thirty days nor more than ninety days. The
department shall require the defendant to install an ignition
interlock device of a type approved by the commissioner of
public safety on all vehicles operated by the defendant if the
defendant seeks a temporary restricted license as provided in
section 321J.20 or as a condition of reinstatement as provided
in section 321J.17 .
4. Upon a plea or verdict of guilty of a third or subsequent
violation of section 321J.2 , the department shall revoke the
defendant’s driver’s license or nonresident operating privilege
for a period of six years. The department shall require the
defendant to install an ignition interlock device of a type
approved by the commissioner of public safety on all vehicles
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owned or operated by the defendant if the defendant seeks a
temporary restricted license as provided in section 321J.20 or
as a condition of reinstatement as provided in section 321J.17 .
A temporary restricted license shall not be granted and a
driver’s license shall not be reinstated by the department
until the defendant installs the ignition interlock device.
Sec. 3. Section 321J.4, subsection 8, paragraphs a, b, c,
and d, Code 2024, are amended to read as follows:
a. On a conviction for or as a condition of a deferred
judgment for a violation of section 321J.2 , the court may
order the defendant to install ignition interlock devices
of a type approved by the commissioner of public safety on
all motor vehicles owned or operated by the defendant which,
without tampering or the intervention of another person, would
prevent the defendant from operating the motor vehicle with an
alcohol concentration greater than a level set by rule of the
commissioner of public safety. However, if the defendant has
had no previous conviction or revocation under this chapter ,
the court’s order shall require the defendant to install
approved ignition interlock devices only on all motor vehicles
operated by the defendant.
b. The commissioner of public safety shall adopt rules to
approve certain ignition interlock devices and the means of
installation of the devices, and shall establish the level of
alcohol concentration beyond which an ignition interlock device
will not allow operation of the motor vehicle in which it is
installed , in accordance with section 321J.17A .
c. The order to install ignition interlock devices shall
remain in effect for a period of time as determined by the
court which shall not exceed the maximum term of imprisonment
which the court could have imposed according to the nature of
the violation , unless otherwise extended under this chapter .
While the order is in effect, the defendant shall not operate
a motor vehicle which does not have an approved ignition
interlock device installed.
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d. If the defendant’s driver’s license or nonresident
operating privilege has been revoked, the department shall not
issue a temporary permit or a driver’s license to the person
without certification that approved ignition interlock devices
have been installed on all motor vehicles owned or operated by
the defendant while the order is in effect. However, if the
defendant has had no previous conviction or revocation under
this chapter , the department shall require certification that
approved ignition interlock devices have been installed only on
all motor vehicles operated by the defendant.
Sec. 4. Section 321J.4, subsection 8, Code 2024, is amended
by adding the following new paragraph:
NEW PARAGRAPH . g. An ignition interlock device provider
shall not impose an early termination fee if the defendant is
no longer required to have a device installed and presents an
unrestricted driver’s license to the provider prior to the
end of the term for which the provider agreed to provide the
defendant with a device.
Sec. 5. Section 321J.9, subsection 2, Code 2024, is amended
to read as follows:
2. The department shall require the defendant to install
an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned or
operated by the defendant if the defendant seeks a temporary
restricted license under section 321J.20 or as a condition of
reinstatement as provided in section 321J.17 . However, if
the defendant has had no previous conviction or revocation
under this chapter , the department shall only require the
defendant to install an approved ignition interlock device
on all vehicles operated by the defendant if the defendant
seeks a temporary restricted license. A temporary restricted
license shall not be granted and a driver’s license shall not
be reinstated by the department until the defendant installs
the ignition interlock device.
Sec. 6. Section 321J.12, subsection 2, Code 2024, is amended
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to read as follows:
2. The department shall require the defendant to install
an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned or
operated by the defendant if the defendant seeks a temporary
restricted license under section 321J.20 or as a condition of
reinstatement as provided in section 321J.17 . However, if
the defendant has had no previous conviction or revocation
under this chapter , the department shall only require the
defendant to install an approved ignition interlock device
on all vehicles operated by the defendant if the defendant
seeks a temporary restricted license. A temporary restricted
license shall not be granted and a driver’s license shall not
be reinstated by the department until the defendant installs
the ignition interlock device.
Sec. 7. Section 321J.17, subsection 3, Code 2024, is amended
to read as follows:
3. a. The department shall also require certification of
installation of an ignition interlock device of a type approved
by the commissioner of public safety on all motor vehicles
owned or operated by any a person seeking reinstatement
following a second or subsequent revocation under section
321J.4 , 321J.9 , or 321J.12 this chapter . The
b. Unless otherwise extended under this chapter, the
requirement for the installation of an approved ignition
interlock device shall be for one year from the date of
reinstatement unless a longer time period is required by
statute. of the following periods of time, as applicable:
(1) One hundred eighty days from the date of reinstatement
if the person has had no previous revocation under this
chapter.
(2) One year from the date of reinstatement if the person
has had a previous revocation under this chapter.
(3) A longer period of time if required by statute.
c. The one-year period of time a person is required to
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maintain an ignition interlock device under this subsection
shall be reduced by any period of time the person held a
valid temporary restricted license during the period of the
revocation for the occurrence from which the arrest arose.
d. The period of time a person is required to maintain
an ignition interlock device under this subsection shall be
increased if required in accordance with the compliance-based
removal procedures provided in section 321J.17A.
e. A person shall not operate any motor vehicle which
is not equipped with an approved ignition interlock device
during the period in which an ignition interlock device must be
maintained, and the department shall not grant reinstatement
unless the person certifies installation of an ignition
interlock device as required in this subsection . In addition
to other penalties provided by law, the department shall revoke
the driver’s license of a person who is required to maintain
an ignition interlock device if the person operates a motor
vehicle which does not have an approved ignition interlock
device or removes the ignition interlock device without
authorization.
f. The department shall adopt rules pursuant to chapter 17A
to implement this subsection.
Sec. 8. NEW SECTION . 321J.17A Compliance-based removal.
1. The period of time a person is required to maintain
an ignition interlock device under section 321J.17 shall be
extended by an additional sixty days per occurrence for any of
the following occurrences detected by an ignition interlock
device:
a. Ten or more violations within a thirty-day period.
b. Five or more violations within a twenty-four-hour period.
c. Tampering with or attempting to circumvent the ignition
interlock device.
d. Removing the ignition interlock device without
authorization.
2. Nothing in this section limits the number of subsequent
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extensions a person may receive following an occurrence
detected by an ignition interlock device.
3. a. An approved ignition interlock device provider shall
generate and submit a compliance report to the department for
each person who maintains an ignition interlock device of the
provider for purposes of meeting the requirements of section
321J.17. The compliance report must indicate every associated
motor vehicle and the associated ignition interlock device
installed on each motor vehicle. The compliance report must
include any occurrence listed in subsection 1 detected by the
device, if applicable.
b. An approved ignition interlock device provider shall
generate the compliance report and submit it to the department
no earlier than the date on which the period of time a person is
required to maintain an ignition interlock device under section
321J.17 ends, and no later than seven business days following
that date. The provider shall again generate and submit a
subsequent report to the department in this manner based on any
subsequent extensions as provided in this section, if any.
4. a. For purposes of this section, a violation includes
any of the following:
(1) Failing to provide a detectable breath sample to the
ignition interlock device when prompted by the device.
(2) Providing a breath sample to an ignition interlock
device with an alcohol concentration of .04 or more.
b. Notwithstanding paragraph “a” , it is not a violation
under this section if a person provides a detectable breath
sample and successfully passes a test immediately following the
first failed test or in response to a bypass or circumvention
attempt as described in paragraph “a” , and a violation shall not
be reported.
5. The department shall adopt rules pursuant to chapter 17A
prescribing the form and manner of communication pursuant to
this section, and may otherwise adopt rules as necessary to
administer this section.
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Sec. 9. Section 321J.20, subsections 1, 2, 3, and 7, Code
2024, are amended to read as follows:
1. The department may, on application, issue a temporary
restricted license to a person whose noncommercial driver’s
license is revoked under this chapter , or revoked or suspended
under chapter 321 solely for violations of this chapter, or who
has been determined to be a habitual offender under chapter 321
based solely on violations of this chapter or on violations
listed in section 321.560, subsection 1 , paragraph “b” ,
allowing the person to operate a motor vehicle in any manner
allowed for a person issued a valid class C driver’s license,
unless otherwise prohibited by this chapter . This subsection
does not apply to a person under the age of eighteen whose
license was revoked under section 321J.2A , to a person whose
license was revoked under section 321J.4, subsection 6 , for the
period during which the person is ineligible for a temporary
restricted license, or to a person whose license is suspended
or revoked for another reason.
2. A temporary restricted license issued under this section
shall not be issued until the applicant installs an approved
ignition interlock device on all motor vehicles owned or
operated by the applicant. However, if the applicant has
had no previous conviction or revocation under this chapter ,
a temporary restricted license issued under this section
shall not be issued until the applicant installs an approved
ignition interlock device on all motor vehicles operated by
the applicant. Installation of an ignition interlock device
under this section shall be required for the period of time
for which the temporary restricted license is issued, and for
such additional period of time following reinstatement as
is required under section 321J.17, subsection 3 . However,
a person whose driver’s license or nonresident operating
privilege has been revoked under section 321J.21 may apply to
the department for a temporary restricted license without the
requirement of an ignition interlock device if at least twelve
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years have elapsed since the end of the underlying revocation
period for a violation of section 321J.2 .
3. In addition to other penalties provided by law, a
person’s temporary restricted license shall be revoked if the
person is required to install an ignition interlock device and
the person does any of the following:
a. Operates operates a motor vehicle which does not have
an approved ignition interlock device or removes the ignition
interlock device without authorization .
b. Tampers with or circumvents an ignition interlock device.
7. A person who tampers with , removes without
authorization, or circumvents an ignition interlock device
installed as required in this chapter and while the requirement
for the ignition interlock device is in effect commits a
serious misdemeanor.
Sec. 10. NEW SECTION . 321J.20A Ignition interlock device
—— medical waiver.
1. The department shall adopt rules pursuant to chapter 17A
establishing criteria to waive the requirement to install an
ignition interlock device under this chapter if a person has
a verifiable medical condition, as determined in accordance
with the rules, that makes the person incapable of properly
operating an ignition interlock device. The rules must
align with the special exception provisions under 23 U.S.C.
§164(a)(6).
2. Notwithstanding any other provision of this chapter
to the contrary, if the department waives the requirement
to install an ignition interlock device, the person is not
required to install an ignition interlock device to receive a
temporary restricted license as provided in section 321J.20 or
as a condition of license reinstatement as provided in section
321J.17.
3. A temporary restricted license issued to a person who
received a medical waiver pursuant to this section shall only
authorize the person to operate a motor vehicle as described in
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section 321.215, subsection 1, paragraph “a” .
Sec. 11. EFFECTIVE DATE. This Act takes effect January 1,
2025.
Sec. 12. APPLICABILITY. This Act applies to driver’s
license revocations under chapter 321J, as amended in this
Act, for which the underlying offense occurred on or after the
effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
Under current law, a person whose driver’s license is
revoked for operating while intoxicated (OWI) is required to
install an ignition interlock device (IID) prior to being
issued a temporary restricted license (TRL) by the department
of transportation (DOT). The IID must be installed on every
vehicle owned or operated by the person, or every vehicle
operated by the person if the person has had no previous
conviction or revocation under Code chapter 321J. This bill
instead requires an IID to be installed only on every vehicle
operated by a person, regardless of previous convictions or
revocations.
Current law requires the department of public safety to
establish by rule the level of alcohol concentration beyond
which an IID will not allow operation of the motor vehicle in
which it is installed (.025 under 661 IAC 158.6). The bill
specifies the minimum level of alcohol concentration is .04.
Current law also requires a person with a second or
subsequent driver’s license revocation for OWI to install an
IID for a minimum of one year after reinstatement of a driver’s
license other than a TRL. The one-year period may be offset by
any time a person had an IID installed on the person's vehicle
while operating with a TRL. The bill expands that provision.
After reinstatement of a driver’s license other than a TRL, a
person with no previous revocation under Code chapter 321J must
maintain an IID for 180 days.
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These IID periods may be extended based on compliance-based
removal (CBR) provisions. The period of time a person is
required to maintain an IID will be extended by 60 days each
time an IID detects 10 or more violations within a 30-day
period, five or more violations within a 24-hour period,
tampering with or attempting to circumvent the IID, or removing
the IID without authorization. The IID provider must generate
and submit a compliance report to the DOT no earlier than
the date on which the period of time a person is required to
maintain an IID for driver’s license reinstatement ends, and no
later than seven business days following that date. The IID
provider is required to generate and submit a subsequent report
to the DOT in this manner based on any subsequent extensions,
if any.
The bill does not limit the number of times an IID
requirement for driver’s license reinstatement for a person may
be extended.
Under the bill, a violation includes failing to provide a
detectable breath sample when prompted by the IID and providing
a breath sample with a level of alcohol concentration of .04
or more. However, it is not a violation under CBR if a person
provides a detectable breath sample and successfully passes a
test immediately following the first failed test or in response
to a bypass or circumvention attempt.
Under the bill, a person who removes an IID without
authorization commits a serious misdemeanor. A serious
misdemeanor is punishable by confinement for no more than one
year and a fine of at least $430 but not more than $2,560.
Current law authorizes the DOT to issue a TRL to a person
whose noncommercial driver’s license is revoked as a result of
an OWI violation. The TRL allows the person to operate a motor
vehicle in any manner allowed for a person issued a valid class
C driver’s license, unless otherwise prohibited by Code chapter
321J. The bill prohibits the DOT from issuing such a TRL to a
person under the age of 18 whose license was revoked under Code
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section 321J.2A. Previously, the prohibition applied to anyone
whose driver’s license was revoked under Code section 321J.2A
(OWI for persons under 21).
The bill authorizes the DOT to adopt rules in accordance
with federal law to waive the requirement to install an IID
if a person has a verifiable medical condition that makes the
person incapable of properly operating an IID. If a person
with a verifiable medical condition receives a medical waiver
and is issued a TRL, the TRL only authorizes the person to
drive from the person’s home to the person’s employment, health
care appointments including such appointments for another who
is dependent on the person, education programs, substance
use disorder treatments, court-ordered community service
responsibilities, and appointments with a parole or probation
officer.
The bill takes effect January 1, 2025, and applies to
driver’s license revocations under Code chapter 321J for which
the underlying offense occurred on or after that date.
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