Bill Text: IA SF444 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to public safety on highways, including the use of electronic communication devices while driving where such use results in death and the establishment of a statewide sobriety and drug monitoring program, and providing penalties. (Formerly SSB 1101.) Effective 7-1-17.
Sponsorship: Committee Bill
Status: (Passed) 2017-04-17 - Signed by Governor. S.J. 1043. [SF444 Detail]
Download: Iowa-2017-SF444-Enrolled.html
Senate File 444 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1101)
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A BILL FOR
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Senate File 444
AN ACT
RELATING TO PUBLIC SAFETY ON HIGHWAYS, INCLUDING THE USE
OF ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING WHERE SUCH
USE RESULTS IN DEATH AND THE ESTABLISHMENT OF A STATEWIDE
SOBRIETY AND DRUG MONITORING PROGRAM, AND PROVIDING
PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
HOMICIDE BY VEHICLE ==== USE OF ELECTRONIC COMMUNICATION DEVICES
WHILE DRIVING
Section 1. Section 707.6A, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. Driving a motor vehicle in a reckless manner with willful
or wanton disregard for the safety of persons or property, in
violation of section 321.277.
(1) For the purposes of this paragraph "a", a person's use
of a hand=held electronic communication device to write, send,
or view an electronic message while driving a motor vehicle
shall be considered prima facie evidence that the person was
driving the motor vehicle in a reckless manner with willful
or wanton disregard for the safety of persons or property, in
violation of section 321.277.
(2) Subparagraph (1) shall not apply to any of the
following:
(a) A member of a public safety agency, as defined in
section 34.1, performing official duties.
(b) A health care professional in the course of an emergency
situation.
(c) A person receiving safety=related information including
emergency, traffic, or weather alerts.
(3) For the purposes of this paragraph "a", the following
definitions apply:
(a) "Hand=held electronic communication device" means a
mobile telephone or other portable electronic communication
device capable of being used to write, send, or view an
electronic message. "Hand=held electronic communication device"
does not include a voice=operated or hands=free device which
allows the user to write, send, or view an electronic message
without the use of either hand except to activate or deactivate
a feature or function. "Hand=held electronic communication
device" does not include a wireless communication device used to
transmit or receive data as part of a digital dispatch system.
"Hand=held electronic communication device" includes a device
which is temporarily mounted inside the motor vehicle, unless
the device is a voice=operated or hands=free device.
(b) "Electronic message" includes images visible on the
screen of a hand=held electronic communication device including
a text=based message, an instant message, a portion of
electronic mail, an internet site, a social media application,
or a game.
(c) The terms "write", "send", and "view", with respect to
an electronic message, mean the manual entry, transmission,
or retrieval of an electronic message, and include playing,
browsing, or accessing an electronic message.
DIVISION II
STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
Sec. 2. LEGISLATIVE FINDINGS ==== PURPOSE.
1. The general assembly finds that operating a motor vehicle
in this state is a privilege, not a right. A person who wishes
to enjoy the benefits of this privilege shall accept the
corresponding responsibilities.
2. The general assembly declares that the purpose of this
division of this Act is to do all of the following:
a. Protect the public health and welfare by reducing the
number of people on the highways of this state who operate a
motor vehicle under the influence of alcohol or a controlled
substance.
b. Protect the public health and welfare by reducing the
number of repeat offenders who commit crimes in which the abuse
of alcohol or a controlled substance is a contributing factor
in the commission of the crime.
c. Strengthen the pretrial and post=trial options available
to prosecutors and judges in responding to repeat offenders who
commit crimes in which the abuse of alcohol or a controlled
substance is a contributing factor in the commission of the
crime.
d. Assure the timely and sober participation of offenders
in judicial proceedings.
3. The general assembly declares that it is important to
have a centralized repository for all information related to
alcohol and controlled substance testing required by the laws
of this state or as a condition of bond, pretrial release,
sentence, probation, parole, or a temporary restricted license.
Sec. 3. NEW SECTION. 901D.1 Short title.
This chapter shall be known and may be cited as the "Iowa
Sobriety and Drug Monitoring Program Act".
Sec. 4. NEW SECTION. 901D.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. "Alcohol" means an alcoholic beverage as defined in
section 321J.1.
2. "Controlled substance" means as defined in section
124.101.
3. "Department" means the department of public safety.
4. "Eligible offense" means a criminal offense in which the
abuse of alcohol or a controlled substance was a contributing
factor in the commission of the offense, as determined by the
court or governmental entity of the participating jurisdiction.
For the purposes of operating while intoxicated offenses
committed in violation of section 321J.2, "eligible offense"
includes only the following offenses:
a. A first offense in which the person's alcohol
concentration exceeded .15.
b. A first offense in which an accident resulting in
personal injury or property damage occurred.
c. A first offense in which the person refused to submit to
a chemical test requested pursuant to section 321J.6.
d. A second or subsequent offense.
5. "Immediate sanction" means a sanction that is applied
within minutes of a failed test result.
6. "Law enforcement agency" means a law enforcement agency
charged with enforcement of the program created under this
chapter.
7. "Participating jurisdiction" means a county or other
governmental entity that chooses to participate in the program
created under this chapter.
8. "Sobriety and drug monitoring program" or "program" means
the program established pursuant to section 901D.3.
9. "Testing" means a procedure or set of procedures
performed to determine the presence of alcohol or a controlled
substance in a person's breath or bodily fluid, including
blood, urine, saliva, and perspiration, and includes any
combination of breath testing, drug patch testing, urine
analysis testing, saliva testing, and continuous or transdermal
alcohol monitoring. Subject to section 901D.3, the department
may approve additional testing methodologies or the testing of
alternative bodily fluids.
10. "Timely sanction" means a sanction that is applied
within hours or days after a failed test result. A timely
sanction shall be applied as soon as possible, but the period
between the failed test result and the application of the
timely sanction shall not exceed five days.
Sec. 5. NEW SECTION. 901D.3 Program created.
1. The department of public safety shall establish a
statewide sobriety and drug monitoring program to be used
by participating jurisdictions, which shall be available
twenty=four hours per day, seven days per week. Pursuant to
the provisions of this chapter, a court or governmental entity,
or an authorized officer thereof, within a participating
jurisdiction may, as a condition of bond, pretrial release,
sentence, probation, parole, or a temporary restricted license,
do all of the following:
a. Require a person who has been charged with, pled guilty
to, or been convicted of an eligible offense to abstain from
alcohol and controlled substances for a period of time.
b. Require the person to be subject to testing to determine
whether alcohol or a controlled substance is present in the
person's body in the following manner:
(1) At least twice per day at a central location where an
immediate sanction can be effectively applied.
(2) Where testing under subparagraph (1) creates a
documented hardship or is geographically impractical, by an
alternative method approved by the department and consistent
with this section where a timely sanction can be effectively
applied.
2. a. A person who has been required to participate in the
program by a court or governmental entity and whose driver's
license is suspended or revoked shall not begin participation
in the program or be subject to the testing required by the
program until the person is eligible for a temporary restricted
license under applicable law.
b. In order to participate in the program, a person shall be
required to install an approved ignition interlock device on
all motor vehicles owned or operated by the person.
c. A person wishing to participate in the program who has
been charged with, pled guilty to, or been convicted of an
eligible offense, but has not been required by a court or
governmental entity to participate in the program, may apply
to the court or governmental entity of the participating
jurisdiction on a form created by the participating
jurisdiction, and the court or governmental entity may order
the person to participate in the program as a condition
of bond, pretrial release, sentence, probation, parole,
or a temporary restricted license. The application form
shall include an itemization of all costs associated with
participation in the program.
3. The program shall be evidence=based and shall satisfy at
least two of the following requirements:
a. The program is included in the United States substance
abuse and mental health services administration's national
registry of evidence=based programs and practices.
b. The program has been reported in a peer=reviewed journal
as having positive effects on the primary targeted outcome.
c. The program has been documented as effective by informed
experts and other sources.
4. a. The core components of the program shall include
the use of a primary testing methodology for determining the
presence of alcohol or a controlled substance in a person that
best facilitates the ability of a law enforcement agency to
apply immediate sanctions for failed test results and that is
available at an affordable cost.
b. In cases of documented hardship or geographic
impracticality, or in cases where a program participant
has received less stringent testing requirements, testing
methodologies that best facilitate the ability of a law
enforcement agency to apply timely sanctions for noncompliant
test results may be utilized. For purposes of this section,
hardship or geographic impracticality shall be determined by
documentation and consideration of the following factors:
(1) Whether a testing device is available.
(2) Whether the participant is capable of paying the fees
and costs associated with the testing device.
(3) Whether the participant is capable of wearing the
testing device.
(4) Whether the participant fails to qualify for testing
twice per day because of one or more of the following:
(a) The participant lives in a rural area and submitting to
testing twice per day would be unduly burdensome.
(b) The participant's employment requires the participant's
presence at a location remote from the testing location and
submitting to testing twice per day would be unduly burdensome.
(c) The participant has repeatedly violated the
requirements of the program while submitting to testing twice
per day and poses a substantial risk of continuing to violate
the requirements of the program.
5. A jurisdiction wishing to participate in the program
shall submit an application to the department. A jurisdiction
shall not participate in the program unless the jurisdiction's
application for participation has been approved by the
department. If a jurisdiction is approved for participation in
the program, the department shall assist the jurisdiction in
setting up and administering the program in that jurisdiction
in compliance with this chapter.
6. a. If a jurisdiction participates in the program, the
participating jurisdiction or a law enforcement agency of the
participating jurisdiction may designate a third party to
provide testing services or to take any other action required
or authorized to be provided by the participating jurisdiction
or law enforcement agency under this chapter, except a
third=party designee shall not determine whether to participate
in the program.
b. The participating jurisdiction, in consultation with the
law enforcement agency of the participating jurisdiction, shall
establish testing locations for the program.
7. Any efforts by the department to alter or modify a core
component of the program shall include a documented strategy
for achieving and measuring the effectiveness of the planned
alteration or modification. Before the department alters or
modifies a core component of the program, a pilot program
with defined objectives and timelines shall be initiated, and
measurements of the effectiveness and impact of the proposed
alteration or modification to a core component shall be
monitored. The data shall be assessed and the department
shall make a determination as to whether the stated goals of
the alteration or modification were achieved and whether the
alteration or modification should be formally implemented into
the program.
Sec. 6. NEW SECTION. 901D.4 Rulemaking ==== fees.
The department shall adopt rules pursuant to chapter 17A to
administer this chapter, including but not limited to rules
regarding any of the following:
1. Providing for the nature and manner of testing, including
the procedures and apparatus to be used for testing.
2. Establishing reasonable participant, enrollment, and
testing fees for the program, including fees to pay the costs
of installation, monitoring, and deactivation of any testing
device. The fees shall be set at an amount such that the fees
collected in a participating jurisdiction are sufficient to pay
for the costs of the program in the participating jurisdiction,
including all costs to the state associated with the program in
the participating jurisdiction.
3. Providing for the application, acceptance, and use of
public and private grants, gifts, and donations to support
program activities.
4. Establishing a process for the identification and
management of indigent participants.
5. Providing for the creation and administration of a
stakeholder group to review and recommend changes to the
program.
6. Establishing a process for the submission and approval of
applications from jurisdictions to participate in the program.
Sec. 7. NEW SECTION. 901D.5 Data management system.
1. The department shall provide for and approve the use
of a program data management system that shall be used by
the department and all participating jurisdictions to manage
testing, test events, test results, data access, fees, the
collection of fee payments, and the submission and collection
of any required reports.
2. The data management system shall include but is not
limited to all of the following features:
a. A secure, remotely hosted, demonstrated, internet=based
management application that allows multiple concurrent users to
access and input information.
b. The support of breath testing, continuous remote
transdermal alcohol monitoring, drug patch testing, and urine
analysis testing.
c. The capability to track and store events including
but not limited to participant enrollment, testing activity,
accounting activity, and participating law enforcement agency
activity.
d. The capability to generate reports of system fields and
data. The data management system shall allow reports to be
generated as needed and on a scheduled basis, and shall allow
reports to be exported over a network connection or by remote
printing.
e. The ability to identify program participants who have
previously been enrolled in a similar program in this state or
another state.
3. Unless otherwise required by federal law, all alcohol or
controlled substance testing performed as a condition of bond,
pretrial release, sentence, probation, parole, or a temporary
restricted license shall utilize and input results to the data
management system.
4. The data management system shall contain sufficient
security protocols to protect participants' personal
information from unauthorized use.
Sec. 8. NEW SECTION. 901D.6 Authority to order program
participation.
1. A court or governmental entity, or an authorized officer
thereof, in a participating jurisdiction may utilize the
program as provided in this section. The program shall be a
preferred program for offenders charged with or convicted of an
eligible offense.
2. A court may condition any bond or pretrial release
otherwise authorized by law for a person charged with an
eligible offense upon participation in the program and payment
of the fees established pursuant to section 901D.4.
3. A court may condition a suspended sentence or probation
otherwise authorized by law for a person convicted of an
eligible offense upon participation in the program and payment
of the fees established pursuant to section 901D.4.
4. The board of parole, the department of corrections, or
a parole officer may condition parole otherwise authorized
by law for a person convicted of an eligible offense upon
participation in the program and payment of the fees
established pursuant to section 901D.4.
Sec. 9. NEW SECTION. 901D.7 Placement and enrollment.
1. Subject to sections 901D.3 and 901D.6, a participant
may be placed in the program as a condition of bond, pretrial
release, sentence, probation, parole, or a temporary
restricted license. However, a person who has been required to
participate in the program by a court or governmental entity
and whose driver's license is suspended or revoked shall not
begin participation in the program or be subject to the testing
required by the program until the person is eligible for a
temporary restricted license under applicable law.
2. An order or directive placing a participant in the
program shall include the type of testing required to be
administered in the program and the length of time that the
participant is required to remain in the program. The person
issuing the order or directive shall send a copy of the order
or directive to the law enforcement agency of the participating
jurisdiction.
3. Upon receipt of a copy of an order or directive,
a representative of the law enforcement agency of the
participating jurisdiction shall enroll a participant in the
program prior to testing.
4. At the time of enrollment, a representative of the law
enforcement agency of the participating jurisdiction shall
enter the participant's information into the data management
system described in section 901D.5. The representative of
the agency shall provide the participant with the appropriate
materials required by the program, inform the participant that
the participant's information may be shared for law enforcement
and reporting purposes, and provide the participant with
information related to the required testing, procedures, and
fees.
5. The participant shall sign a form stating that the
participant understands the program requirements and releases
the participant's information for law enforcement and reporting
purposes.
6. A participant shall report to the program for testing for
the length of time ordered by the court, the board of parole,
the department of corrections, or a parole officer.
Sec. 10. NEW SECTION. 901D.8 Collection, distribution, and
use of fees.
1. The law enforcement agency of a participating
jurisdiction shall do all of the following:
a. Establish and maintain a sobriety program account.
b. Collect the participant, enrollment, and testing fees
established pursuant to section 901D.4 and deposit the fees
and any other funds received for the program into the sobriety
program account for administration of the program.
2. A participant shall pay all fees directly to the law
enforcement agency of the participating jurisdiction.
3. a. The law enforcement agency shall distribute a
portion of the fees to any participating third=party designee
in accordance with the agreement between the agency and the
third=party designee.
b. The remainder of the fees collected shall be deposited in
the sobriety program account, and shall be used only for the
purposes of administering and operating the program.
Sec. 11. NEW SECTION. 901D.9 Noncompliance.
1. An allegation that a participant failed a test, refused
to submit to a test, or failed to appear for testing shall
be communicated ex parte by the participating jurisdiction,
a law enforcement agency of the participating jurisdiction,
or the participating jurisdiction's third=party designee to a
magistrate as soon as practicable. A magistrate who receives
such a communication may order the participant's immediate
incarceration pending a hearing on the allegation but lasting
no longer than twenty=four hours after the issuance of the
order, or if the participant failed to appear for testing as
scheduled, the magistrate may issue a warrant for the arrest of
the participant for a violation of the terms of bond, pretrial
release, sentence, probation, or parole, as applicable.
2. The magistrate may notify the department of
transportation of the participant's noncompliance and direct
the department to withdraw any temporary restricted license
issued to the participant.
Sec. 12. NEW SECTION. 901D.10 Report and repeal.
1. The department, in consultation with the judicial branch
and the department of transportation, shall by December 1,
2021, submit a report to the general assembly detailing the
effectiveness of the program established pursuant to this
chapter and shall make recommendations concerning the continued
implementation of the program or the elimination of the
program.
2. This chapter is repealed July 1, 2022.
DIVISION III
OPERATING WHILE INTOXICATED ==== SOBRIETY AND DRUG MONITORING
PROGRAM PROVISIONS
Sec. 13. Section 321J.20, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
The department may, on application, issue a temporary
restricted license to a person whose noncommercial driver's
license is revoked under this chapter allowing the person to
drive to and from the person's home and specified places at
specified times which can be verified by the department and
which are required by the person's full=time or part=time
employment, continuing health care or the continuing health
care of another who is dependent upon the person, continuing
education while enrolled in an educational institution on a
part=time or full=time basis and while pursuing a course of
study leading to a diploma, degree, or other certification of
successful educational completion, substance abuse treatment,
court=ordered community service responsibilities, and
appointments with the person's parole or probation officer,
and participation in a program established pursuant to chapter
901D, if the person's driver's license has not been revoked
previously under section 321J.4, 321J.9, or 321J.12 and if any
of the following apply:
Sec. 14. Section 321J.20, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. Notwithstanding section 321.560, the department may,
on application, and upon the expiration of the minimum period
of ineligibility for a temporary restricted license provided
for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
temporary restricted license to a person whose noncommercial
driver's license has either been 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", and who is not eligible for a
temporary restricted license under subsection 1. However,
the department may not issue a temporary restricted license
under this subsection for a violation of section 321J.2A or
to a person under the age of twenty=one whose license is
revoked under section 321J.4, 321J.9, or 321J.12. A temporary
restricted license issued under this subsection may allow the
person to drive to and from the person's home and specified
places at specified times which can be verified by the
department and which are required by the person's full=time or
part=time employment; continuing education while enrolled in an
educational institution on a part=time or full=time basis and
while pursuing a course of study leading to a diploma, degree,
or other certification of successful educational completion;
or substance abuse treatment; or participation in a program
established pursuant to chapter 901D.
Sec. 15. Section 321J.20, subsection 3, Code 2017, is
amended to read as follows:
3. If a person required to install an ignition interlock
device or participate in a program established pursuant to
chapter 901D operates a motor vehicle which does not have an
approved ignition interlock device or while not in compliance
with the program, or if the person tampers with or circumvents
an ignition interlock device, in addition to other penalties
provided, the person's temporary restricted license shall be
revoked.
Sec. 16. Section 321J.20, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 10. Notwithstanding any other provision of
law to the contrary, in any circumstance in which this chapter
requires the installation of an ignition interlock device in
all vehicles owned or operated by a person as a condition of
the person's license or privilege to operate noncommercial
motor vehicles, the department shall require the person to be
a participant in and in compliance with a sobriety and drug
monitoring program established pursuant to chapter 901D if the
person's offense under this chapter qualifies as an eligible
offense as defined in section 901D.2, and the person's offense
occurred in a participating jurisdiction, as defined in section
901D.2. This subsection shall not apply if the court enters
an order finding the person is not required to participate
in a sobriety and drug monitoring program. The department,
in consultation with the department of public safety, may
adopt rules for issuing and accepting a certification of
participation in and compliance with a program established
pursuant to chapter 901D. This subsection shall be construed
and implemented to comply with 23 U.S.C. {164(a), as amended by
the federal Fixing America's Surface Transportation Act, Pub.
L. No. 114=94, {1414, and shall not apply if such application
results in a finding of noncompliance with 23 U.S.C. {164 that
results or will result in a reservation or transfer of funds
pursuant to 23 U.S.C. {164(b). This subsection shall not
authorize the operation of a motor vehicle for any purpose not
otherwise authorized by this chapter.
Sec. 17. FUTURE REPEAL. This division of this Act is
repealed July 1, 2022.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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