Bill Text: IA SF2261 | 2023-2024 | 90th General Assembly | Enrolled

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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. (Formerly SSB 3015.) Effective date: 01/01/2025. Applicability date: 01/01/2025.

Spectrum: Committee Bill

Status: (Passed) 2024-05-09 - Fiscal note. [SF2261 Detail]

Download: Iowa-2023-SF2261-Enrolled.html

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Senate File 2261 - Enrolled
Senate File 2261
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:
Section 1. Section 321J.4, subsections 2 and 4, Code 2024,
are amended to read as follows:
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operating privilege has not already been revoked under section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
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

Senate File 2261, p. 2
by the defendant if the defendant seeks a temporary restricted
license. A temporary restricted license shall not be granted
by the department until the defendant installs the ignition
interlock device.
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
owned or operated by the defendant if the defendant seeks a
temporary restricted license. A temporary restricted license
shall not be granted by the department until the defendant
installs the ignition interlock device.
Sec. 2. 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

Senate File 2261, p. 3
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.
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. 3. 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. 4. 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. 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
by the department until the defendant installs the ignition
interlock device.
Sec. 5. Section 321J.12, subsection 2, Code 2024, is amended
to read as follows:

Senate File 2261, p. 4
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. 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
by the department until the defendant installs the ignition
interlock device.
Sec. 6. 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, or following a
conviction for violating section 321J.21 . 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.
c. The one-year period of time a person is required to
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

Senate File 2261, p. 5
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. 7. 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 or 321J.20
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
extensions a person may receive following an occurrence
detected by an ignition interlock device.
3. The department shall develop an electronic process in
which an approved ignition interlock device provider is able to
identify the start date of a driver’s license revocation and to
provide notice of any violations and a final compliance report
to the department.
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

Senate File 2261, p. 6
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.
Sec. 8. 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

Senate File 2261, p. 7
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
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. 9. 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.
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
section 321.215, subsection 1, paragraph “a” .
Sec. 10. EFFECTIVE DATE. This Act takes effect January 1,
2025.

Senate File 2261, p. 8
Sec. 11. 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.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2261, Ninetieth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2024 ______________________________
KIM REYNOLDS
Governor