Bill Text: IA SF2190 | 2015-2016 | 86th General Assembly | Amended

---

Bill Title: A bill for an act providing for the establishment of county chemical substance abuse monitoring pilot programs and modifying temporary restricted license eligibility requirements for operating-while-intoxicated offenders. (Formerly SSB 3008.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-03-09 - Read first time, referred to Judiciary. H.J. 438. [SF2190 Detail]

Download: Iowa-2015-SF2190-Amended.html

---

Senate File 2190 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3008)

                                 (COMPANION TO HF 2245)
       (As Amended and Passed by the Senate March 8, 2016)

                                      A BILL FOR

  1 An Act providing for the establishment of county chemical
  2    substance abuse monitoring pilot programs and modifying
  3    temporary restricted license eligibility requirements for
  4    operating=while=intoxicated offenders.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    SF 2190 (3) 86
    ns/nh/jh

PAG LIN



  1  1                           DIVISION I
  1  2    COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT PROGRAMS
  1  3    Section 1.  COUNTY CHEMICAL SUBSTANCE ABUSE MONITORING PILOT
  1  4 PROGRAMS.
  1  5    1.  The department of public safety, in collaboration with
  1  6 the governor's traffic safety bureau, may, in an effort to
  1  7 reduce the number of crimes that have a nexus with chemical
  1  8 substance abuse, adopt rules providing for the creation and
  1  9 approval of an application from a county for the implementation
  1 10 of a countywide chemical substance abuse monitoring pilot
  1 11 program that is available twenty=four hours per day, seven days
  1 12 per week.
  1 13    2.  A chemical substance abuse monitoring pilot program
  1 14 shall do all of the following:
  1 15    a.  Make the program available to a person who has been
  1 16 charged with, pled guilty to, or been convicted of a crime
  1 17 that has a nexus with chemical substance abuse. The program
  1 18 shall require a participating person to abstain from all
  1 19 chemical substances for a period of time. A person wishing
  1 20 to participate in the program shall apply to the court on
  1 21 a form designed by the county, and the court may order the
  1 22 person's participation in the program as a component or
  1 23 condition of pretrial release or probation. The application
  1 24 form shall include an itemization of all costs associated with
  1 25 participation in the program. This paragraph shall not apply
  1 26 to a person who has been charged with, pled guilty to, or been
  1 27 convicted of a first offense of operating while intoxicated
  1 28 in violation of section 321J.2 where the person's alcohol
  1 29 concentration was lower than .15 and no accident resulting
  1 30 in personal injury or property damage occurred, unless upon
  1 31 application and a hearing the court permits participation in
  1 32 the program by such a person.
  1 33    b.  Require the person to be subject to testing to determine
  1 34 whether a chemical substance is present in the person's body.
  1 35 The commissioner of public safety shall approve the use of
  2  1 appropriate devices and technology for this purpose, and may,
  2  2 in the case of alcohol concentration testing, designate certain
  2  3 portable breath test devices for this purpose. Testing shall
  2  4 occur in the following manner:
  2  5    (1)  At least twice per day at a central location.
  2  6    (2)  Where testing under subparagraph (1) is impractical, by
  2  7 continuous transdermal or electronic monitoring.
  2  8    c.  Provide that allegations of a test failure, a refusal to
  2  9 submit to a test, or a failure to appear for testing shall be
  2 10 communicated ex parte to a magistrate as soon as practicable.
  2 11 A magistrate who receives such a communication may order
  2 12 immediate incarceration pending a hearing on the allegation but
  2 13 lasting no longer than twenty=four hours after the issuance of
  2 14 the order or, if the person failed to appear for testing as
  2 15 scheduled, the magistrate may issue a warrant for the arrest of
  2 16 the person for a violation of the terms of pretrial release or
  2 17 probation, as applicable.
  2 18    d.  Require a person participating in the program to pay
  2 19 program costs, including costs of installation, monitoring, and
  2 20 deactivation of any testing devices.
  2 21    3.  An approved pilot program shall begin on October 1, 2016,
  2 22 or upon the effective date of department rules, whichever is
  2 23 earlier, and shall be conducted for a minimum of one year.
  2 24    4.  The department of public safety shall adopt rules
  2 25 pursuant to chapter 17A to implement this section including
  2 26 but not limited to provisions relating to applications for,
  2 27 approval of, costs of, and oversight of the pilot programs and
  2 28 reporting requirements for participating counties.
  2 29    5.  The department of public safety shall submit a report on
  2 30 the results of the pilot programs and make recommendations to
  2 31 the general assembly by December 15, 2017.
  2 32    6.  For the purposes of this section, "chemical substance"
  2 33 means any alcoholic beverage as defined in section 321J.1 and
  2 34 any controlled substance as defined in section 124.101.
  2 35                           DIVISION II
  3  1                   OPERATING WHILE INTOXICATED
  3  2    Sec. 2.  Section 321J.2, subsection 3, paragraph d,
  3  3 subparagraphs (1) and (2), Code 2016, are amended to read as
  3  4 follows:
  3  5    (1)  A defendant whose alcohol concentration is .08 or more
  3  6 but not more than .10 shall not be eligible for any temporary
  3  7 restricted license for at least thirty days if a test was
  3  8 obtained and an accident resulting in personal injury or
  3  9 property damage occurred. The department shall require the
  3 10 defendant to install an ignition interlock device of a type
  3 11 approved by the commissioner of public safety on all vehicles
  3 12 owned or operated by the defendant if the defendant seeks a
  3 13 temporary restricted license. There shall be no such period of
  3 14 ineligibility if no such accident occurred, and the defendant
  3 15 shall not be required to install an ignition interlock device.
  3 16    (2)  A defendant whose alcohol concentration is more than .10
  3 17 shall not be eligible for any temporary restricted license for
  3 18 at least thirty days if a test was obtained, and an accident
  3 19 resulting in personal injury or property damage occurred or the
  3 20 defendant's alcohol concentration exceeded .15. There shall be
  3 21 no such period of ineligibility if no such accident occurred
  3 22 and the defendant's alcohol concentration did not exceed .15.
  3 23 In either case, where Where a defendant's alcohol concentration
  3 24 is more than .10, the department shall require the defendant to
  3 25 install an ignition interlock device of a type approved by the
  3 26 commissioner of public safety on all vehicles owned or operated
  3 27 by the defendant if the defendant seeks a temporary restricted
  3 28 license.
  3 29    Sec. 3.  Section 321J.4, subsections 1, 2, and 3, Code 2016,
  3 30 are amended to read as follows:
  3 31    1.  If a defendant is convicted of a violation of section
  3 32 321J.2 and the defendant's driver's license or nonresident
  3 33 operating privilege has not been revoked under section 321J.9
  3 34 or 321J.12 for the occurrence from which the arrest arose, the
  3 35 department shall revoke the defendant's driver's license or
  4  1 nonresident operating privilege for one hundred eighty days
  4  2 if the defendant submitted to chemical testing and has had
  4  3 no previous conviction or revocation under this chapter and
  4  4 shall revoke the defendant's driver's license or nonresident
  4  5 operating privilege for one year if the defendant refused to
  4  6 submit to chemical testing and has had no previous conviction
  4  7 or revocation under this chapter. The defendant shall not be
  4  8 eligible for any temporary restricted license for at least
  4  9 ninety days if a test was refused under section 321J.9.
  4 10    a.  A defendant whose alcohol concentration is .08 or more
  4 11 but not more than .10 shall not be eligible for any temporary
  4 12 restricted license for at least thirty days if a test was
  4 13 obtained and an accident resulting in personal injury or
  4 14 property damage occurred. The department shall require the
  4 15 defendant to install an ignition interlock device of a type
  4 16 approved by the commissioner of public safety on all vehicles
  4 17 owned or operated by the defendant if the defendant seeks a
  4 18 temporary restricted license. There shall be no such period of
  4 19 ineligibility if no such accident occurred, and the defendant
  4 20 shall not be required to install an ignition interlock device.
  4 21    b.  A defendant whose alcohol concentration is more than .10
  4 22 shall not be eligible for any temporary restricted license for
  4 23 at least thirty days if a test was obtained and an accident
  4 24 resulting in personal injury or property damage occurred or the
  4 25 defendant's alcohol concentration exceeded .15. There shall be
  4 26 no such period of ineligibility if no such accident occurred
  4 27 and the defendant's alcohol concentration did not exceed .15.
  4 28 In either case, where Where a defendant's alcohol concentration
  4 29 is more than .10, the department shall require the defendant to
  4 30 install an ignition interlock device of a type approved by the
  4 31 commissioner of public safety on all vehicles owned or operated
  4 32 by the defendant if the defendant seeks a temporary restricted
  4 33 license.
  4 34    c.  If the defendant is under the age of twenty=one, the
  4 35 defendant shall not be eligible for a temporary restricted
  5  1 license for at least sixty days after the effective date of
  5  2 revocation.
  5  3    2.  If a defendant is convicted of a violation of section
  5  4 321J.2, and the defendant's driver's license or nonresident
  5  5 operating privilege has not already been revoked under section
  5  6 321J.9 or 321J.12 for the occurrence from which the arrest
  5  7 arose, the department shall revoke the defendant's driver's
  5  8 license or nonresident operating privilege for one year if the
  5  9 defendant submitted to chemical testing and has had a previous
  5 10 conviction or revocation under this chapter and shall revoke
  5 11 the defendant's driver's license or nonresident operating
  5 12 privilege for two years if the defendant refused to submit to
  5 13 chemical testing and has had a previous revocation under this
  5 14 chapter. The defendant shall not be eligible for any temporary
  5 15 restricted license for forty=five days after the effective date
  5 16 of revocation if the defendant submitted to chemical testing
  5 17 and an accident resulting in personal injury or property
  5 18 damage occurred and shall not be eligible for any temporary
  5 19 restricted license for ninety days after the effective date of
  5 20 revocation if the defendant refused chemical testing.  The
  5 21 temporary restricted license shall be issued in accordance with
  5 22 section 321J.20, subsection 2. The department shall require
  5 23 the defendant to install an ignition interlock device of a type
  5 24 approved by the commissioner of public safety on all vehicles
  5 25 owned or operated by the defendant if the defendant seeks a
  5 26 temporary restricted license at the end of the minimum period
  5 27 of ineligibility. A temporary restricted license shall not
  5 28 be granted by the department until the defendant installs the
  5 29 ignition interlock device.
  5 30    3.  If the court defers judgment pursuant to section 907.3
  5 31 for a violation of section 321J.2, and if the defendant's
  5 32 driver's license or nonresident operating privilege has not
  5 33 been revoked under section 321J.9 or 321J.12, or has not
  5 34 otherwise been revoked for the occurrence from which the arrest
  5 35 arose, the department shall revoke the defendant's driver's
  6  1 license or nonresident operating privilege for a period of not
  6  2 less than thirty days nor more than ninety days. The defendant
  6  3 shall not be eligible for any temporary restricted license for
  6  4 at least ninety days if a test was refused.
  6  5    a.  A defendant whose alcohol concentration is .08 or more
  6  6 but not more than .10 shall not be eligible for any temporary
  6  7 restricted license for at least thirty days if a test was
  6  8 obtained and an accident resulting in personal injury or
  6  9 property damage occurred. The department shall require the
  6 10 defendant to install an ignition interlock device of a type
  6 11 approved by the commissioner of public safety on all vehicles
  6 12 owned or operated by the defendant if the defendant seeks a
  6 13 temporary restricted license. There shall be no such period of
  6 14 ineligibility if no such accident occurred, and the defendant
  6 15 shall not be required to install an ignition interlock device.
  6 16    b.  A defendant whose alcohol concentration is more than .10
  6 17 shall not be eligible for any temporary restricted license for
  6 18 at least thirty days if a test was obtained and an accident
  6 19 resulting in personal injury or property damage occurred or the
  6 20 defendant's alcohol concentration exceeded .15. There shall be
  6 21 no such period of ineligibility if no such accident occurred
  6 22 and the defendant's alcohol concentration did not exceed .15.
  6 23 In either case, where Where a defendant's alcohol concentration
  6 24 is more than .10, the department shall require the defendant to
  6 25 install an ignition interlock device of a type approved by the
  6 26 commissioner of public safety on all vehicles owned or operated
  6 27 by the defendant if the defendant seeks a temporary restricted
  6 28 license.
  6 29    c.  If the defendant is under the age of twenty=one, the
  6 30 defendant shall not be eligible for a temporary restricted
  6 31 license for at least sixty days after the effective date of the
  6 32 revocation.
  6 33    Sec. 4.  Section 321J.12, subsections 1 and 2, Code 2016, are
  6 34 amended to read as follows:
  6 35    1.  Upon certification, subject to penalty for perjury, by
  7  1 the peace officer that there existed reasonable grounds to
  7  2 believe that the person had been operating a motor vehicle in
  7  3 violation of section 321J.2, that there existed one or more
  7  4 of the necessary conditions for chemical testing described in
  7  5 section 321J.6, subsection 1, and that the person submitted to
  7  6 chemical testing and the test results indicated the presence
  7  7 of a controlled substance or other drug, or an alcohol
  7  8 concentration equal to or in excess of the level prohibited by
  7  9 section 321J.2, or a combination of alcohol and another drug in
  7 10 violation of section 321J.2, the department shall revoke the
  7 11 person's driver's license or nonresident operating privilege
  7 12 for the following periods of time:
  7 13    a.  One hundred eighty days if the person has had no
  7 14 revocation under this chapter.
  7 15    b.  One year if the person has had a one previous revocation
  7 16 under this chapter.
  7 17    c.  Two years if the person has had two or more previous
  7 18 revocations under this chapter.
  7 19    2.  a.  A person whose driver's license or nonresident
  7 20 operating privileges have been revoked under subsection 1,
  7 21 paragraph "a", whose alcohol concentration is .08 or more but
  7 22 not more than .10 shall not be eligible for any temporary
  7 23 restricted license for at least thirty days after the effective
  7 24 date of the revocation if a test was obtained and an accident
  7 25 resulting in personal injury or property damage occurred. The
  7 26 department shall require the defendant to install an ignition
  7 27 interlock device of a type approved by the commissioner
  7 28 of public safety on all vehicles owned or operated by the
  7 29 defendant if the defendant seeks a temporary license. There
  7 30 shall be no such period of ineligibility if no such accident
  7 31 occurred, and the defendant shall not be required to install
  7 32 an ignition interlock device.
  7 33    b.  A defendant whose alcohol concentration is more than .10
  7 34 shall not be eligible for any temporary restricted license for
  7 35 at least thirty days if a test was obtained and an accident
  8  1 resulting in personal injury or property damage occurred or the
  8  2 defendant's alcohol concentration exceeded .15. There shall be
  8  3 no such period of ineligibility if no such accident occurred
  8  4 and the defendant's alcohol concentration did not exceed .15.
  8  5 In either case, where Where a defendant's alcohol concentration
  8  6 is more than .10, the department shall require the defendant to
  8  7 install an ignition interlock device of a type approved by the
  8  8 commissioner of public safety on all vehicles owned or operated
  8  9 by the defendant if the defendant seeks a temporary restricted
  8 10 license.
  8 11    c.  If the person is under the age of twenty=one, the person
  8 12 shall not be eligible for a temporary restricted license for at
  8 13 least sixty days after the effective date of the revocation.
  8 14    d.  A person whose license or privileges have been revoked
  8 15 under subsection 1, paragraph "b", for one year shall not be
  8 16 eligible for any temporary restricted license for forty=five
  8 17 days after the effective date of the revocation, and if a test
  8 18 was obtained and an accident resulting in personal injury or
  8 19 property damage occurred. If a person's license or privileges
  8 20 have been revoked under subsection 1, paragraph "b", the
  8 21 department shall require the person to install an ignition
  8 22 interlock device of a type approved by the commissioner
  8 23 of public safety on all vehicles owned or operated by the
  8 24 defendant if the defendant seeks a temporary restricted license
  8 25 at the end of the minimum period of ineligibility.  The
  8 26 temporary restricted license shall be issued in accordance with
  8 27 section 321J.20, subsection 2. A temporary restricted license
  8 28 shall not be granted by the department until the defendant
  8 29 installs the ignition interlock device.
  8 30    e.  A person whose license or privileges have been revoked
  8 31 under subsection 1, paragraph "c", for two years shall not be
  8 32 eligible for any temporary restricted license for forty=five
  8 33 days after the effective date of the revocation. The
  8 34 department shall require the person to install an ignition
  8 35 interlock device of a type approved by the commissioner
  9  1 of public safety on all vehicles owned or operated by the
  9  2 defendant if the defendant seeks a temporary restricted
  9  3 license at the end of the minimum period of ineligibility.  The
  9  4 temporary restricted license shall be issued in accordance with
  9  5 section 321J.20, subsection 2. A temporary restricted license
  9  6 shall not be granted by the department until the defendant
  9  7 installs the ignition interlock device.
  9  8    Sec. 5.  Section 321J.17, subsection 3, Code 2016, is amended
  9  9 to read as follows:
  9 10    3.  The department shall also require certification of
  9 11 installation of an ignition interlock device of a type approved
  9 12 by the commissioner of public safety on all motor vehicles
  9 13 owned or operated by any person seeking reinstatement following
  9 14 a second or subsequent revocation under section 321J.4,
  9 15 321J.9, or 321J.12. The requirement for the installation of
  9 16 an approved ignition interlock device shall be for one year
  9 17 from the date of reinstatement unless a longer time period
  9 18 is required by statute. The one=year period a person is
  9 19 required to maintain an ignition interlock device under this
  9 20 subsection shall be reduced by any period of time the person
  9 21 held a valid temporary restricted license during the period of
  9 22 the revocation for the occurrence from which the arrest arose,
  9 23 including any period in which the person participated in a 24=7
  9 24 sobriety program, as defined in section 321J.20. The person
  9 25 shall not operate any motor vehicle which is not equipped with
  9 26 an approved ignition interlock device during the period in
  9 27 which an ignition interlock device must be maintained, and the
  9 28 department shall not grant reinstatement unless the person
  9 29 certifies installation of an ignition interlock device as
  9 30 required in this subsection.
  9 31    Sec. 6.  Section 321J.20, subsection 1, paragraph a,
  9 32 unnumbered paragraph 1, Code 2016, is amended to read as
  9 33 follows:
  9 34    The department may, on application, issue a temporary
  9 35 restricted license to a person whose noncommercial driver's
 10  1 license is revoked under this chapter allowing the person to
 10  2 drive to and from the person's home and specified places at
 10  3 specified times which can be verified by the department and
 10  4 which are required by the person's full=time or part=time
 10  5 employment, continuing health care or the continuing health
 10  6 care of another who is dependent upon the person, continuing
 10  7 education while enrolled in an educational institution on a
 10  8 part=time or full=time basis and while pursuing a course of
 10  9 study leading to a diploma, degree, or other certification of
 10 10 successful educational completion, substance abuse treatment,
 10 11 court=ordered community service responsibilities, and
 10 12  appointments with the person's parole or probation officer,
 10 13 and participation in a 24=7 sobriety program, if the person's
 10 14 driver's license has not been revoked previously under section
 10 15 321J.4, 321J.9, or 321J.12 and if any of the following apply:
 10 16    Sec. 7.  Section 321J.20, subsection 1, paragraph b, Code
 10 17 2016, is amended to read as follows:
 10 18    b.   A temporary restricted license may be issued under this
 10 19 subsection if the person's noncommercial driver's license is
 10 20 revoked for two years under section 321J.4, subsection 2, or
 10 21 section 321J.9, subsection 1, paragraph "b", and the first three
 10 22 hundred sixty=five days of the revocation have minimum period
 10 23 of ineligibility for issuance of a temporary restricted license
 10 24 has expired.
 10 25    Sec. 8.  Section 321J.20, subsection 2, paragraph a, Code
 10 26 2016, is amended to read as follows:
 10 27    a.  Notwithstanding section 321.560, the department may,
 10 28 on application, and upon the expiration of the minimum period
 10 29 of ineligibility for a temporary restricted license provided
 10 30 for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
 10 31 temporary restricted license to a person whose noncommercial
 10 32 driver's license has either been revoked under this chapter, or
 10 33 revoked or suspended under chapter 321 solely for violations
 10 34 of this chapter, or who has been determined to be a habitual
 10 35 offender under chapter 321 based solely on violations of
 11  1 this chapter or on violations listed in section 321.560,
 11  2 subsection 1, paragraph "b", and who is not eligible for a
 11  3 temporary restricted license under subsection 1. However,
 11  4 the department may not issue a temporary restricted license
 11  5 under this subsection for a violation of section 321J.2A or
 11  6 to a person under the age of twenty=one whose license is
 11  7 revoked under section 321J.4, 321J.9, or 321J.12. A temporary
 11  8 restricted license issued under this subsection may allow the
 11  9 person to drive to and from the person's home and specified
 11 10 places at specified times which can be verified by the
 11 11 department and which are required by the person's full=time or
 11 12 part=time employment; continuing education while enrolled in an
 11 13 educational institution on a part=time or full=time basis and
 11 14 while pursuing a course of study leading to a diploma, degree,
 11 15 or other certification of successful educational completion; or
 11 16  substance abuse treatment; or participation in a 24=7 sobriety
 11 17 program.
 11 18    Sec. 9.  Section 321J.20, subsection 3, Code 2016, is amended
 11 19 to read as follows:
 11 20    3.  If a person required to install an ignition interlock
 11 21 device or participate in a 24=7 sobriety program operates
 11 22 a motor vehicle which does not have an approved ignition
 11 23 interlock device or while not in compliance with the 24=7
 11 24 sobriety program, or if the person tampers with or circumvents
 11 25 an ignition interlock device, in addition to other penalties
 11 26 provided, the person's temporary restricted license shall be
 11 27 revoked.
 11 28    Sec. 10.  Section 321J.20, Code 2016, is amended by adding
 11 29 the following new subsection:
 11 30    NEW SUBSECTION.  10.  Notwithstanding any other provision of
 11 31 law to the contrary, in any circumstance in which this chapter
 11 32 requires the installation of an ignition interlock device in
 11 33 all vehicles owned or operated by a person as a condition of
 11 34 the person's license or privilege to operate noncommercial
 11 35 motor vehicles, the department may accept, in lieu of
 12  1 installation of an ignition interlock device, a certification
 12  2 of the person's participation in and compliance with a 24=7
 12  3 sobriety program. As used in this section, "24=7 sobriety
 12  4 program" means as defined in 23 U.S.C. {164(a), as amended by
 12  5 the federal Fixing America's Surface Transportation Act, Pub.
 12  6 L. No. 114=94, {1414. The department, in consultation with the
 12  7 department of public safety, may adopt rules for issuing and
 12  8 accepting a certification of participation in and compliance
 12  9 with a 24=7 sobriety program. This subsection shall be
 12 10 construed and implemented to comply with 23 U.S.C. {164(a), as
 12 11 amended by the federal Fixing America's Surface Transportation
 12 12 Act, Pub. L. No. 114=94, {1414, and shall not apply if such
 12 13 application results in a finding of noncompliance with 23
 12 14 U.S.C. {164 that results or will result in a reservation
 12 15 or transfer of funds pursuant to 23 U.S.C. {164(b). This
 12 16 subsection shall not authorize the operation of a motor vehicle
 12 17 for any purpose not otherwise authorized by this chapter.
       SF 2190 (3) 86
       ns/nh/jh