Bill Text: IA SF2381 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to participation in the sobriety and drug monitoring program. (Formerly SSB 3059.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-03 - Withdrawn. S.J. 648. [SF2381 Detail]
Download: Iowa-2019-SF2381-Introduced.html
Senate
File
2381
-
Introduced
SENATE
FILE
2381
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3059)
(COMPANION
TO
HF
2411
BY
COMMITTEE
ON
PUBLIC
SAFETY)
A
BILL
FOR
An
Act
relating
to
participation
in
the
sobriety
and
drug
1
monitoring
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5765SV
(2)
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S.F.
2381
Section
1.
Section
321J.20,
subsection
3,
unnumbered
1
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
2
In
addition
to
other
penalties
provided
by
law,
a
person’s
3
temporary
restricted
license
shall
be
revoked
if
the
person
is
4
required
to
install
an
ignition
interlock
device
or
participate
5
in
a
program
established
pursuant
to
chapter
901D
and
the
6
person
does
any
of
the
following:
7
Sec.
2.
Section
321J.20,
subsection
3,
paragraph
b,
Code
8
2020,
is
amended
by
striking
the
paragraph.
9
Sec.
3.
Section
321J.20,
subsection
9,
Code
2020,
is
amended
10
by
striking
the
subsection.
11
Sec.
4.
Section
901D.3,
subsection
1,
unnumbered
paragraph
12
1,
Code
2020,
is
amended
to
read
as
follows:
13
The
department
of
public
safety
shall
establish
a
14
statewide
sobriety
and
drug
monitoring
program
to
be
used
15
by
participating
jurisdictions,
which
shall
be
available
16
twenty-four
hours
per
day,
seven
days
per
week.
Pursuant
to
17
the
provisions
of
this
chapter
,
a
court
or
governmental
entity,
18
or
an
authorized
officer
thereof,
within
a
participating
19
jurisdiction
may,
as
a
condition
of
bond,
pretrial
release,
20
sentence,
probation,
or
parole,
or
a
temporary
restricted
21
license,
do
all
of
the
following:
22
Sec.
5.
Section
901D.3,
subsection
2,
Code
2020,
is
amended
23
to
read
as
follows:
24
2.
a.
A
person
who
has
been
required
to
participate
in
the
25
program
by
a
court
or
governmental
entity
and
whose
driver’s
26
license
is
suspended
or
revoked
shall
not
begin
participation
27
in
the
program
or
be
subject
to
the
testing
required
by
the
28
program
until
the
person
is
eligible
for
a
temporary
restricted
29
license
under
applicable
law.
30
b.
In
order
to
participate
in
the
program,
a
person
shall
be
31
required
to
install
an
approved
ignition
interlock
device
on
32
all
motor
vehicles
owned
or
operated
by
the
person.
33
c.
A
person
wishing
to
participate
in
the
program
who
has
34
been
charged
with,
pled
guilty
to,
or
been
convicted
of
an
35
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eligible
offense,
but
has
not
been
required
by
a
court
or
1
governmental
entity
to
participate
in
the
program,
may
apply
2
to
the
court
or
governmental
entity
of
the
participating
3
jurisdiction
on
a
form
created
by
the
participating
4
jurisdiction,
and
the
court
or
governmental
entity
may
order
5
the
person
to
participate
in
the
program
as
a
condition
6
of
bond,
pretrial
release,
sentence,
probation,
or
parole
,
7
or
a
temporary
restricted
license
.
The
application
form
8
shall
include
an
itemization
of
all
costs
associated
with
9
participation
in
the
program.
10
Sec.
6.
Section
901D.5,
subsection
3,
Code
2020,
is
amended
11
to
read
as
follows:
12
3.
Unless
otherwise
required
by
federal
law,
all
alcohol
13
or
controlled
substance
testing
performed
as
a
condition
of
14
bond,
pretrial
release,
sentence,
probation,
or
parole
,
or
a
15
temporary
restricted
license
shall
utilize
and
input
results
16
to
the
data
management
system.
17
Sec.
7.
Section
901D.7,
subsections
1
and
2,
Code
2020,
are
18
amended
to
read
as
follows:
19
1.
Subject
to
sections
901D.3
and
901D.6
,
a
participant
20
may
be
placed
in
the
program
as
a
condition
of
bond,
pretrial
21
release,
sentence,
probation,
or
parole
,
or
a
temporary
22
restricted
license
.
However,
a
person
who
has
been
required
23
to
participate
in
the
program
by
a
court
or
governmental
entity
24
and
whose
driver’s
license
is
suspended
or
revoked
shall
not
25
begin
participation
in
the
program
or
be
subject
to
the
testing
26
required
by
the
program
until
the
person
is
eligible
for
a
27
temporary
restricted
license
under
applicable
law.
28
2.
a.
An
order
or
directive
placing
a
participant
in
the
29
program
shall
include
the
all
of
the
following:
30
(1)
The
type
of
testing
required
to
be
administered
in
the
31
program
and
the
in
accordance
with
section
901D.3,
subsection
32
1,
paragraph
“b”
.
33
(2)
The
length
of
time
that
the
participant
is
required
to
34
remain
in
the
program
,
which
shall
be
for
no
less
than
ninety
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days.
The
order
or
directive
shall
additionally
require
1
(3)
A
requirement
that
the
participant
not
have
failed
2
a
test
result
or
have
missed
a
required
testing
during
3
the
thirty-day
period
immediately
preceding
the
end
of
4
participation
in
the
program.
5
(4)
A
requirement
that
the
participant
submit
to
the
law
6
enforcement
agency
of
the
participating
jurisdiction
proof
7
that
the
participant
has
installed
an
approved
ignition
8
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
9
participant
prior
to
the
end
of
participation
in
the
program,
10
unless
the
court
enters
an
order
pursuant
to
paragraph
“c”
11
finding
the
participant
is
not
required
to
provide
proof
of
12
installation
of
an
approved
ignition
interlock
device
as
a
13
condition
of
the
participant’s
completion
of
the
program.
14
b.
The
person
issuing
the
order
or
directive
shall
send
a
15
copy
of
the
order
or
directive
to
the
law
enforcement
agency
of
16
the
participating
jurisdiction.
17
c.
(1)
A
court
shall
only
enter
an
order
finding
the
18
participant
is
not
required
to
provide
proof
of
installation
19
of
an
approved
ignition
interlock
device
on
all
motor
vehicles
20
owned
or
operated
by
the
participant
if
any
of
the
following
21
apply:
22
(a)
The
participant
will
be
ineligible
for
a
temporary
23
restricted
license
at
the
time
the
participant
completes
the
24
program.
25
(b)
The
participant
will
not
own
a
motor
vehicle
or
have
a
26
motor
vehicle
registered
in
the
participant’s
name
at
the
time
27
the
participant
completes
the
program,
and
the
participant
has
28
submitted
an
affidavit
stating
such.
29
(2)
If
the
court
enters
an
order
finding
the
participant
is
30
not
required
to
install
an
approved
ignition
interlock
device
31
under
this
paragraph,
the
court
shall
specifically
state
in
the
32
order
the
reasons
for
not
imposing
the
requirement.
33
Sec.
8.
Section
901D.9,
subsection
2,
Code
2020,
is
amended
34
by
striking
the
subsection.
35
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Sec.
9.
Section
901D.10,
subsection
1,
Code
2020,
is
amended
1
to
read
as
follows:
2
1.
The
department,
in
consultation
with
the
judicial
branch
3
and
the
department
of
transportation
,
shall
by
December
1,
4
2023,
submit
a
report
to
the
general
assembly
detailing
the
5
effectiveness
of
the
program
established
pursuant
to
this
6
chapter
and
shall
make
recommendations
concerning
the
continued
7
implementation
of
the
program
or
the
elimination
of
the
8
program.
9
Sec.
10.
REPEAL.
2017
Iowa
Acts,
chapter
76,
section
17,
as
10
amended
by
2019
Iowa
Acts,
chapter
66,
section
4,
is
repealed.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
strikes
provisions
authorizing
a
court
or
15
governmental
entity
to
order
a
person
to
participate
in
the
16
sobriety
and
drug
monitoring
program
(program)
as
a
condition
17
of
a
temporary
restricted
driver’s
license.
The
bill
also
18
eliminates
the
requirement
that
a
person
who
has
been
ordered
19
to
participate
in
the
program
by
a
court
or
governmental
20
entity,
and
whose
driver’s
license
is
suspended
or
revoked,
be
21
eligible
for
a
temporary
restricted
license
before
beginning
22
participation
in
the
program
or
being
subject
to
testing
23
required
by
the
program.
24
The
bill
strikes
the
requirement
that
the
department
of
25
transportation
(DOT)
must
require
a
person
to
participate
in
26
the
program
if
the
person
is
required
to
install
an
ignition
27
interlock
device
under
Code
chapter
321J.
The
bill
also
28
eliminates
the
requirement
that
a
person
must
install
an
29
approved
ignition
interlock
device
on
all
motor
vehicles
owned
30
or
operated
by
the
person
in
order
to
participate
in
the
31
program.
However,
the
bill
does
not
amend
or
eliminate
any
32
separate
requirement
to
install
an
approved
ignition
interlock
33
device
that
may
exist
based
on
the
person’s
underlying
offense.
34
The
bill
instead
requires
an
order
or
directive
placing
a
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2381
participant
in
the
program
to
require
the
participant
to
submit
1
to
the
law
enforcement
agency
of
the
participating
jurisdiction
2
proof
that
the
participant
has
installed
an
approved
ignition
3
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
4
participant
prior
to
the
end
of
participation
in
the
program.
5
However,
the
bill
provides
an
exception
to
the
ignition
6
interlock
device
requirement
if
the
participant,
at
the
time
7
the
participant
completes
the
program,
will
be
ineligible
for
a
8
temporary
restricted
license
or
will
not
own
a
motor
vehicle
or
9
have
a
motor
vehicle
registered
in
the
participant’s
name.
10
The
bill
eliminates
the
DOT
from
reporting
requirements
11
under
Code
chapter
901D.
The
bill
repeals
a
future
repeal
12
provision
relating
to
references
to
the
program
in
Code
chapter
13
321J
that
are
stricken
by
the
bill.
The
bill
does
not
amend
or
14
repeal
the
future
repeal
date
for
the
program
in
Code
section
15
901D.10.
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