Bill Text: IA HF2338 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 2338 (Prior Session Legislation)

Bill Title: A bill for an act relating to temporary restricted licenses for operating-while-intoxicated offenders, providing penalties, and including applicability provisions. (Formerly HSB 619.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-04-11 - Signed by Governor. H.J. 780. [HF2338 Detail]

Download: Iowa-2017-HF2338-Enrolled.html

House File 2338 - Enrolled

HOUSE FILE
BY COMMITTEE ON PUBLIC
SAFETY

(SUCCESSOR TO HSB 619)
\5
A BILL FOR
\1
House File 2338

AN ACT
RELATING TO TEMPORARY RESTRICTED LICENSES FOR
OPERATING=WHILE=INTOXICATED OFFENDERS, PROVIDING PENALTIES,
AND INCLUDING APPLICABILITY PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.560, subsection 1, paragraph b, Code
2018, is amended to read as follows:
b. A temporary restricted license may be issued pursuant
to section 321J.20, subsection 2, to a person declared to be a
habitual offender due to a combination of the offenses listed
under section 321.555, subsection 1, paragraphs "b" and "c".
Sec. 2. Section 321J.2, subsection 3, paragraph c,
unnumbered paragraph 1, Code 2018, is amended to read as
follows:
Assessment of a fine of one thousand two hundred fifty
dollars. However, in the discretion of the court, if no
personal or property injury has resulted from the defendant's
actions, the court may waive up to six hundred twenty=five
dollars of the fine when the defendant presents to the court
at the end of the minimum period of ineligibility a temporary
restricted license issued pursuant to section 321J.20.
Sec. 3. Section 321J.2, subsection 3, paragraph d, Code
2018, 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, subsection 2. If a
revocation occurs due to test refusal under section 321J.9,
the defendant shall be ineligible for a temporary restricted
license for a minimum period of ninety days.
(1) A defendant whose alcohol concentration is .08 or more
but not more than .10 shall not be eligible for any temporary
restricted license for at least thirty days if a test was
obtained and an accident resulting in personal injury or
property damage occurred. 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. There shall be no such period of
ineligibility if no such accident occurred, and the defendant
shall not be required to install an ignition interlock device.
(2) A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for
at least thirty days if a test was obtained, and an accident
resulting in personal injury or property damage occurred or the
defendant's alcohol concentration exceeded .15. There shall be
no such period of ineligibility if no such accident occurred
and the defendant's alcohol concentration did not exceed .15.
In either case, where a defendant's alcohol concentration is
more than .10, 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.
Sec. 4. Section 321J.4, subsections 1, 2, 3, 4, and 5, Code
2018, 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 defendant shall not be
eligible for any temporary restricted license for at least
ninety days if a test was refused under section 321J.9.
a. A defendant whose alcohol concentration is .08 or more
but not more than .10 shall not be eligible for any temporary
restricted license for at least thirty days if a test was
obtained and an accident resulting in personal injury or
property damage occurred. 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. There shall be no such period of
ineligibility if no such accident occurred, and the defendant
shall not be required to install an ignition interlock device.
b. A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for
at least thirty days if a test was obtained and an accident
resulting in personal injury or property damage occurred or the
defendant's alcohol concentration exceeded .15. There shall be
no such period of ineligibility if no such accident occurred
and the defendant's alcohol concentration did not exceed .15.
In either case, where a defendant's alcohol concentration is
more than .10, 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.
c. If the defendant is under the age of twenty=one, the
defendant shall not be eligible for a temporary restricted
license for at least sixty days after the effective date of
revocation.
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 defendant shall not be eligible for any temporary
restricted license for forty=five days after the effective date
of revocation if the defendant submitted to chemical testing
and shall not be eligible for any temporary restricted license
for ninety days after the effective date of revocation if the
defendant refused chemical testing. The temporary restricted
license shall be issued in accordance with section 321J.20,
subsection 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 at the end of the minimum period of ineligibility.
A temporary restricted license shall not be granted 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 defendant
shall not be eligible for any temporary restricted license for
at least ninety days if a test was refused.
a. A defendant whose alcohol concentration is .08 or more
but not more than .10 shall not be eligible for any temporary
restricted license for at least thirty days if a test was
obtained and an accident resulting in personal injury or
property damage occurred. 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. There shall be no such period of
ineligibility if no such accident occurred, and the defendant
shall not be required to install an ignition interlock device.
b. A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for
at least thirty days if a test was obtained and an accident
resulting in personal injury or property damage occurred or the
defendant's alcohol concentration exceeded .15. There shall be
no such period of ineligibility if no such accident occurred
and the defendant's alcohol concentration did not exceed .15.
In either case, where a defendant's alcohol concentration is
more than .10, 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.
c. If the defendant is under the age of twenty=one, the
defendant shall not be eligible for a temporary restricted
license for at least sixty days after the effective date of the
revocation.
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 defendant shall not be eligible
for a temporary restricted license for one year after the
effective date of the revocation. 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 at the end of the minimum period
of ineligibility. A temporary restricted license shall not
be granted by the department until the defendant installs the
ignition interlock device.
5. Upon a plea or verdict of guilty of a violation of
section 321J.2 which involved a personal injury, the court
shall determine in open court, from consideration of the
information in the file and any other evidence the parties may
submit, whether a serious injury was sustained by any person
other than the defendant and, if so, whether the defendant's
conduct in violation of section 321J.2 caused the serious
injury. If the court so determines, the court shall order
the department to revoke the defendant's driver's license or
nonresident operating privilege for a period of one year in
addition to any other period of suspension or revocation. The
defendant shall not be eligible for any temporary restricted
license until the minimum period of ineligibility has expired
under this section or section 321J.9, 321J.12, or 321J.20. The
defendant shall surrender to the court any Iowa license or
permit and the court shall forward it to the department with a
copy of the order for revocation.
Sec. 5. Section 321J.9, subsections 2 and 3, Code 2018, are
amended to read as follows:
2. a. A person whose driver's license or nonresident
operating privileges are revoked under subsection 1 shall not
be eligible for a temporary restricted license for at least
ninety days after the effective date of the revocation. A
temporary restricted license issued to a person whose driver's
license or nonresident driving privilege has been revoked under
subsection 1, paragraph "b", shall be issued in accordance with
section 321J.20, subsection 2.
b. 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 at the end of the minimum period of ineligibility.
A temporary restricted license shall not be granted by the
department until the defendant installs the ignition interlock
device.
3. If the person is a resident without a license or permit
to operate a motor vehicle in this state, the department shall
deny to the person the issuance of a license or permit for the
same period a license or permit would be revoked, and deny
issuance of a temporary restricted license for the same period
of ineligibility for receipt of a temporary restricted license,
subject to review as provided in this chapter.
Sec. 6. Section 321J.12, subsection 2, Code 2018, is amended
to read as follows:
2. a. A person whose driver's license or nonresident
operating privileges have been revoked under subsection 1,
paragraph "a", whose alcohol concentration is .08 or more but
not more than .10 shall not be eligible for any temporary
restricted license for at least thirty days after the effective
date of the revocation if a test was obtained and an accident
resulting in personal injury or property damage occurred. 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 license. There
shall be no such period of ineligibility if no such accident
occurred, and the defendant shall not be required to install
an ignition interlock device.
b. A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for
at least thirty days if a test was obtained and an accident
resulting in personal injury or property damage occurred or the
defendant's alcohol concentration exceeded .15. There shall be
no such period of ineligibility if no such accident occurred
and the defendant's alcohol concentration did not exceed .15.
In either case, where a defendant's alcohol concentration is
more than .10, 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.
c. If the person is under the age of twenty=one, the person
shall not be eligible for a temporary restricted license for at
least sixty days after the effective date of the revocation.
d. A person whose license or privileges have been revoked
under subsection 1, paragraph "b", for one year shall not be
eligible for any temporary restricted license for forty=five
days after the effective date of the revocation, and the
department shall require the person 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 at the end of the minimum period of ineligibility. The
temporary restricted license shall be issued in accordance with
section 321J.20, subsection 2. A temporary restricted license
shall not be granted by the department until the defendant
installs the ignition interlock device.
Sec. 7. Section 321J.13, subsection 1, Code 2018, is amended
to read as follows:
1. Notice of revocation of a person's noncommercial
driver's license or operating privilege served pursuant to
section 321J.9 or 321J.12 shall include a form accompanied by a
preaddressed envelope on which the person served may indicate
by a checkmark if the person only wishes to request a temporary
restricted license after the mandatory ineligibility period for
issuance of a temporary restricted license has ended, or if the
person wishes a hearing to contest the revocation. The form
shall clearly state on its face that the form must be completed
and returned within ten days of receipt or the person's right
to a hearing to contest the revocation is foreclosed. The form
shall also be accompanied by a statement of the operation of
and the person's rights under this chapter.
Sec. 8. Section 321J.20, subsections 1, 2, and 4, Code 2018,
are amended to read as follows:
1. a. 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 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, 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:
(1) The person's noncommercial driver's license is revoked
under section 321J.4 and the minimum period of ineligibility
for issuance of a temporary restricted license has expired.
This subsection shall not apply to a revocation ordered under
section 321J.4 resulting from a plea or verdict of guilty of a
violation of section 321J.2 that involved a death.
(2) The person's noncommercial driver's license is revoked
under section 321J.9 and the person has entered a plea of
guilty on a charge of a violation of section 321J.2 which
arose from the same set of circumstances which resulted in
the person's driver's license revocation under section 321J.9
and the guilty plea is not withdrawn at the time of or after
application for the temporary restricted license, and the
minimum period of ineligibility for issuance of a temporary
restricted license has expired.
(3) The person's noncommercial driver's license is revoked
under section 321J.12, and the minimum period of ineligibility
for issuance of a temporary restricted license has expired
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.
b. A temporary restricted license may be issued under this
subsection if the person's noncommercial driver's license is
revoked for two years under section 321J.4, subsection 2, or
section 321J.9, subsection 1, paragraph "b", and the first three
hundred sixty=five days of the revocation have expired.
c. This subsection does not apply to a person whose license
was revoked under section 321J.2A or section 321J.4, subsection
4 or 6,, 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.
d. Following the applicable minimum period of ineligibility,
a temporary restricted license under this subsection shall
not be issued until the applicant installs an ignition
interlock device of a type approved by the commissioner of
public safety on all motor vehicles owned or operated by the
applicant in accordance with section 321J.2, 321J.4, 321J.9,
or 321J.12. Installation of an ignition interlock device
under this subsection 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.
2. 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;
substance abuse treatment; or participation in a program
established pursuant to chapter 901D.
b. A temporary restricted license issued under this
subsection section shall not be issued until the applicant
installs an approved ignition interlock device on all motor
vehicles owned or operated by the applicant. Installation of
an ignition interlock device under this subsection 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 years have
elapsed since the end of the underlying revocation period for
a violation of section 321J.2.
4. A person holding a temporary restricted license issued
by the department under this section shall not operate a motor
vehicle for pleasure.
Sec. 9. APPLICABILITY. This Act applies to all persons who
apply for or are issued a temporary restricted license under
chapter 321J on or after July 1, 2018. The department shall
allow a person issued a temporary restricted license prior to
July 1, 2018, that is subject to the restrictions provided
in section 321J.20, subsection 1, paragraph "a", and section
321J.20, subsection 2, paragraph "a", Code 2018, to apply for
and be issued a temporary restricted license subject to the
restrictions provided in this Act.

LINDA UPMEYER

CHARLES SCHNEIDE

CARMINE BOAL

KIM REYNOLDS

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