Iowa-2017-HF362-Introduced
House File 362 - Introduced
HOUSE FILE
BY SALMON
A BILL FOR
1 An Act relating to operating while intoxicated offenders
2 and persons involved in the sale of alcoholic beverages,
3 including the establishment of a statewide sobriety and
4 drug monitoring program, establishing fees, and providing
5 penalties.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1244YH (7) 87
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PAG LIN
1 1 DIVISION I
1 2 STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM
1 3 Section 1. LEGISLATIVE FINDINGS ==== PURPOSE.
1 4 1. The general assembly finds that operating a motor vehicle
1 5 in this state is a privilege, not a right. A person who wishes
1 6 to enjoy the benefits of this privilege shall accept the
1 7 corresponding responsibilities.
1 8 2. The general assembly declares that the purpose of this
1 9 division of this Act is to do all of the following:
1 10 a. Protect the public health and welfare by reducing the
1 11 number of people on the highways of this state who operate a
1 12 motor vehicle under the influence of alcohol or a controlled
1 13 substance.
1 14 b. Protect the public health and welfare by reducing the
1 15 number of offenders who commit crimes in which the abuse of
1 16 alcohol or a controlled substance is a contributing factor in
1 17 the commission of the crime.
1 18 c. Strengthen the pretrial and post=trial options available
1 19 to prosecutors and judges in responding to offenders who commit
1 20 crimes in which the abuse of alcohol or a controlled substance
1 21 is a contributing factor in the commission of the crime.
1 22 d. Assure the timely and sober participation of offenders
1 23 in judicial proceedings.
1 24 3. The general assembly declares that it is important to
1 25 have a centralized repository for all information related to
1 26 alcohol and controlled substance testing required by the laws
1 27 of this state or as a condition of bond, pretrial release,
1 28 sentence, probation, parole, or a temporary restricted license.
1 29 Sec. 2. NEW SECTION. 901D.1 Short title.
1 30 This chapter shall be known and may be cited as the "Iowa
1 31 Sobriety and Drug Monitoring Program Act".
1 32 Sec. 3. NEW SECTION. 901D.2 Definitions.
1 33 As used in this chapter, unless the context otherwise
1 34 requires:
1 35 1. "Alcohol" means an alcoholic beverage as defined in
2 1 section 321J.1.
2 2 2. "Controlled substance" means as defined in section
2 3 124.101.
2 4 3. "Department" means the department of public safety.
2 5 4. "Eligible offense" means a criminal offense in which the
2 6 abuse of alcohol or a controlled substance was a contributing
2 7 factor in the commission of the offense, as determined by the
2 8 court or governmental entity of the participating jurisdiction.
2 9 "Eligible offense" includes but is not limited to a first or
2 10 subsequent offense of operating while intoxicated in violation
2 11 of section 321J.2.
2 12 5. "Immediate sanction" means a sanction that is applied
2 13 within minutes of a failed test result.
2 14 6. "Law enforcement agency" means a law enforcement agency
2 15 charged with enforcement of the program created under this
2 16 chapter.
2 17 7. "Participating jurisdiction" means a county or other
2 18 governmental entity that chooses to participate in the program
2 19 created under this chapter.
2 20 8. "Sobriety and drug monitoring program" or "program" means
2 21 the program established pursuant to section 901D.3.
2 22 9. "Testing" means a procedure or set of procedures
2 23 performed to determine the presence of alcohol or a controlled
2 24 substance in a person's breath or bodily fluid, including
2 25 blood, urine, saliva, and perspiration, and includes any
2 26 combination of breath testing, drug patch testing, urine
2 27 analysis testing, saliva testing, and continuous or transdermal
2 28 alcohol monitoring. Subject to section 901D.3, the department
2 29 may approve additional testing methodologies or the testing of
2 30 alternative bodily fluids.
2 31 10. "Timely sanction" means a sanction that is applied
2 32 within hours or days after a failed test result. A timely
2 33 sanction shall be applied as soon as possible, but the period
2 34 between the failed test result and the application of the
2 35 timely sanction shall not exceed five days.
3 1 Sec. 4. NEW SECTION. 901D.3 Program created.
3 2 1. The department of public safety shall establish a
3 3 statewide sobriety and drug monitoring program to be used
3 4 by participating jurisdictions, which shall be available
3 5 twenty=four hours per day, seven days per week. Pursuant to
3 6 the provisions of this chapter, a court or governmental entity,
3 7 or an authorized officer thereof, within a participating
3 8 jurisdiction may, as a condition of bond, pretrial release,
3 9 sentence, probation, parole, or a temporary restricted license,
3 10 do all of the following:
3 11 a. Require a person who has been charged with, pled guilty
3 12 to, or been convicted of an eligible offense to abstain from
3 13 alcohol and controlled substances for a period of time.
3 14 b. Require the person to be subject to testing to determine
3 15 whether alcohol or a controlled substance is present in the
3 16 person's body in the following manner:
3 17 (1) At least twice per day at a central location where an
3 18 immediate sanction can be effectively applied.
3 19 (2) Where testing under subparagraph (1) creates a
3 20 documented hardship or is geographically impractical, by an
3 21 alternative method approved by the department and consistent
3 22 with this section where a timely sanction can be effectively
3 23 applied.
3 24 2. a. A person who has been required to participate in the
3 25 program by a court or governmental entity and whose driver's
3 26 license is suspended or revoked shall not begin participation
3 27 in the program or be subject to the testing required by the
3 28 program until the person is eligible for a temporary restricted
3 29 license under applicable law.
3 30 b. In order to participate in the program, a person shall be
3 31 required to install an approved ignition interlock device on
3 32 all motor vehicles owned or operated by the person.
3 33 c. A person wishing to participate in the program who has
3 34 been charged with, pled guilty to, or been convicted of an
3 35 eligible offense, but has not been required by a court or
4 1 governmental entity to participate in the program, may apply
4 2 to the court or governmental entity of the participating
4 3 jurisdiction on a form created by the participating
4 4 jurisdiction, and the court or governmental entity may order
4 5 the person to participate in the program as a condition
4 6 of bond, pretrial release, sentence, probation, parole,
4 7 or a temporary restricted license. The application form
4 8 shall include an itemization of all costs associated with
4 9 participation in the program.
4 10 3. The program shall be evidence=based and shall satisfy at
4 11 least two of the following requirements:
4 12 a. The program is included in the United States substance
4 13 abuse and mental health services administration's national
4 14 registry of evidence=based programs and practices.
4 15 b. The program has been reported in a peer=reviewed journal
4 16 as having positive effects on the primary targeted outcome.
4 17 c. The program has been documented as effective by informed
4 18 experts and other sources.
4 19 4. a. The core components of the program shall include
4 20 the use of a primary testing methodology for determining the
4 21 presence of alcohol or a controlled substance in a person that
4 22 best facilitates the ability of a law enforcement agency to
4 23 apply immediate sanctions for failed test results and that is
4 24 available at an affordable cost.
4 25 b. In cases of documented hardship or geographic
4 26 impracticality, or in cases where a program participant
4 27 has received less stringent testing requirements, testing
4 28 methodologies that best facilitate the ability of a law
4 29 enforcement agency to apply timely sanctions for noncompliant
4 30 test results may be utilized. For purposes of this section,
4 31 hardship or geographic impracticality shall be determined by
4 32 documentation and consideration of the following factors:
4 33 (1) Whether a testing device is available.
4 34 (2) Whether the participant is capable of paying the fees
4 35 and costs associated with the testing device.
5 1 (3) Whether the participant is capable of wearing the
5 2 testing device.
5 3 (4) Whether the participant fails to qualify for testing
5 4 twice per day because of one or more of the following:
5 5 (a) The participant lives in a rural area and submitting to
5 6 testing twice per day would be unduly burdensome.
5 7 (b) The participant's employment requires the participant's
5 8 presence at a location remote from the testing location and
5 9 submitting to testing twice per day would be unduly burdensome.
5 10 (c) The participant has repeatedly violated the
5 11 requirements of the program while submitting to testing twice
5 12 per day and poses a substantial risk of continuing to violate
5 13 the requirements of the program.
5 14 5. A jurisdiction wishing to participate in the program
5 15 shall submit an application to the department. A jurisdiction
5 16 shall not participate in the program unless the jurisdiction's
5 17 application for participation has been approved by the
5 18 department. If a jurisdiction is approved for participation in
5 19 the program, the department shall assist the jurisdiction in
5 20 setting up and administering the program in that jurisdiction
5 21 in compliance with this chapter.
5 22 6. a. If a jurisdiction participates in the program, the
5 23 participating jurisdiction or a law enforcement agency of the
5 24 participating jurisdiction may designate a third party to
5 25 provide testing services or to take any other action required
5 26 or authorized to be provided by the participating jurisdiction
5 27 or law enforcement agency under this chapter, except a
5 28 third=party designee shall not determine whether to participate
5 29 in the program.
5 30 b. The participating jurisdiction, in consultation with the
5 31 law enforcement agency of the participating jurisdiction, shall
5 32 establish testing locations for the program.
5 33 7. Any efforts by the department to alter or modify a core
5 34 component of the program shall include a documented strategy
5 35 for achieving and measuring the effectiveness of the planned
6 1 alteration or modification. Before the department alters or
6 2 modifies a core component of the program, a pilot program
6 3 with defined objectives and timelines shall be initiated, and
6 4 measurements of the effectiveness and impact of the proposed
6 5 alteration or modification to a core component shall be
6 6 monitored. The data shall be assessed and the department
6 7 shall make a determination as to whether the stated goals of
6 8 the alteration or modification were achieved and whether the
6 9 alteration or modification should be formally implemented into
6 10 the program.
6 11 Sec. 5. NEW SECTION. 901D.4 Rulemaking ==== fees.
6 12 The department shall adopt rules pursuant to chapter 17A to
6 13 administer this chapter, including but not limited to rules
6 14 regarding any of the following:
6 15 1. Providing for the nature and manner of testing, including
6 16 the procedures and apparatus to be used for testing.
6 17 2. Establishing reasonable participant, enrollment, and
6 18 testing fees for the program, including fees to pay the costs
6 19 of installation, monitoring, and deactivation of any testing
6 20 device. The fees shall be set at an amount such that the fees
6 21 collected in a participating jurisdiction are sufficient to pay
6 22 for the costs of the program in the participating jurisdiction,
6 23 including all costs to the state associated with the program in
6 24 the participating jurisdiction.
6 25 3. Providing for the application, acceptance, and use of
6 26 public and private grants, gifts, and donations to support
6 27 program activities.
6 28 4. Establishing a process for the identification and
6 29 management of indigent participants.
6 30 5. Providing for the creation and administration of a
6 31 stakeholder group to review and recommend changes to the
6 32 program.
6 33 6. Establishing a process for the submission and approval of
6 34 applications from jurisdictions to participate in the program.
6 35 Sec. 6. NEW SECTION. 901D.5 Data management system.
7 1 1. The department shall provide for and approve the use
7 2 of a program data management system that shall be used by
7 3 the department and all participating jurisdictions to manage
7 4 testing, test events, test results, data access, fees, the
7 5 collection of fee payments, and the submission and collection
7 6 of any required reports.
7 7 2. The data management system shall include but is not
7 8 limited to all of the following features:
7 9 a. A secure, remotely hosted, demonstrated, internet=based
7 10 management application that allows multiple concurrent users to
7 11 access and input information.
7 12 b. The support of breath testing, continuous remote
7 13 transdermal alcohol monitoring, drug patch testing, and urine
7 14 analysis testing.
7 15 c. The capability to track and store events including
7 16 but not limited to participant enrollment, testing activity,
7 17 accounting activity, and participating law enforcement agency
7 18 activity.
7 19 d. The capability to generate reports of system fields and
7 20 data. The data management system shall allow reports to be
7 21 generated as needed and on a scheduled basis, and shall allow
7 22 reports to be exported over a network connection or by remote
7 23 printing.
7 24 e. The ability to identify program participants who have
7 25 previously been enrolled in a similar program in this state or
7 26 another state.
7 27 3. Unless otherwise required by federal law, all alcohol or
7 28 controlled substance testing performed as a condition of bond,
7 29 pretrial release, sentence, probation, parole, or a temporary
7 30 restricted license shall utilize and input results to the data
7 31 management system.
7 32 4. The data management system shall contain sufficient
7 33 security protocols to protect participants' personal
7 34 information from unauthorized use.
7 35 Sec. 7. NEW SECTION. 901D.6 Authority to order program
8 1 participation.
8 2 1. A court or governmental entity, or an authorized officer
8 3 thereof, in a participating jurisdiction may utilize the
8 4 program as provided in this section. The program shall be a
8 5 preferred program for offenders charged with or convicted of an
8 6 eligible offense.
8 7 2. If a person convicted of a first or subsequent offense of
8 8 operating while intoxicated has been required to participate
8 9 in the program, has financial liability coverage pursuant
8 10 to section 321.20B, and the minimum period of ineligibility
8 11 for issuance of a temporary restricted license has expired
8 12 pursuant to chapter 321J, the court may notify the department
8 13 of transportation that, as a participant in the program, the
8 14 person is eligible for a temporary restricted license pursuant
8 15 to section 321J.20.
8 16 3. A court may condition any bond or pretrial release
8 17 otherwise authorized by law for a person charged with an
8 18 eligible offense upon participation in the program and payment
8 19 of the fees established pursuant to section 901D.4.
8 20 4. A court may condition a suspended sentence or probation
8 21 otherwise authorized by law for a person convicted of an
8 22 eligible offense upon participation in the program and payment
8 23 of the fees established pursuant to section 901D.4.
8 24 5. The board of parole, the department of corrections, or
8 25 a parole officer may condition parole otherwise authorized
8 26 by law for a person convicted of an eligible offense upon
8 27 participation in the program and payment of the fees
8 28 established pursuant to section 901D.4.
8 29 Sec. 8. NEW SECTION. 901D.7 Placement and enrollment.
8 30 1. Subject to sections 901D.3 and 901D.6, a participant
8 31 may be placed in the program as a condition of bond, pretrial
8 32 release, sentence, probation, parole, or a temporary
8 33 restricted license. However, a person who has been required to
8 34 participate in the program by a court or governmental entity
8 35 and whose driver's license is suspended or revoked shall not
9 1 begin participation in the program or be subject to the testing
9 2 required by the program until the person is eligible for a
9 3 temporary restricted license under applicable law.
9 4 2. An order or directive placing a participant in the
9 5 program shall include the type of testing required to be
9 6 administered in the program and the length of time that the
9 7 participant is required to remain in the program. The person
9 8 issuing the order or directive shall send a copy of the order
9 9 or directive to the law enforcement agency of the participating
9 10 jurisdiction.
9 11 3. Upon receipt of a copy of an order or directive,
9 12 a representative of the law enforcement agency of the
9 13 participating jurisdiction shall enroll a participant in the
9 14 program prior to testing.
9 15 4. At the time of enrollment, a representative of the law
9 16 enforcement agency of the participating jurisdiction shall
9 17 enter the participant's information into the data management
9 18 system described in section 901D.5. The representative of
9 19 the agency shall provide the participant with the appropriate
9 20 materials required by the program, inform the participant that
9 21 the participant's information may be shared for law enforcement
9 22 and reporting purposes, and provide the participant with
9 23 information related to the required testing, procedures, and
9 24 fees.
9 25 5. The participant shall sign a form stating that the
9 26 participant understands the program requirements and releases
9 27 the participant's information for law enforcement and reporting
9 28 purposes.
9 29 6. A participant shall report to the program for testing for
9 30 the length of time ordered by the court, the board of parole,
9 31 the department of corrections, or a parole officer.
9 32 Sec. 9. NEW SECTION. 901D.8 Collection, distribution, and
9 33 use of fees.
9 34 1. The law enforcement agency of a participating
9 35 jurisdiction shall do all of the following:
10 1 a. Establish and maintain a sobriety program account.
10 2 b. Collect the participant, enrollment, and testing fees
10 3 established pursuant to section 901D.4 and deposit the fees
10 4 and any other funds received for the program into the sobriety
10 5 program account for administration of the program.
10 6 2. A participant shall pay all fees directly to the law
10 7 enforcement agency of the participating jurisdiction.
10 8 3. a. The law enforcement agency shall distribute a
10 9 portion of the fees to any participating third=party designee
10 10 in accordance with the agreement between the agency and the
10 11 third=party designee.
10 12 b. The remainder of the fees collected shall be deposited in
10 13 the sobriety program account, and shall be used only for the
10 14 purposes of administering and operating the program.
10 15 Sec. 10. NEW SECTION. 901D.9 Noncompliance.
10 16 1. An allegation that a participant failed a test, refused
10 17 to submit to a test, or failed to appear for testing shall
10 18 be communicated ex parte by the participating jurisdiction,
10 19 a law enforcement agency of the participating jurisdiction,
10 20 or the participating jurisdiction's third=party designee to a
10 21 magistrate as soon as practicable. A magistrate who receives
10 22 such a communication may order the participant's immediate
10 23 incarceration pending a hearing on the allegation but lasting
10 24 no longer than twenty=four hours after the issuance of the
10 25 order, or if the participant failed to appear for testing as
10 26 scheduled, the magistrate may issue a warrant for the arrest of
10 27 the participant for a violation of the terms of bond, pretrial
10 28 release, sentence, probation, or parole, as applicable.
10 29 2. The magistrate may notify the department of
10 30 transportation of the participant's noncompliance and direct
10 31 the department to withdraw any temporary restricted license
10 32 issued to the participant and reinstate the remainder of any
10 33 applicable license suspension or revocation period provided by
10 34 law.
10 35 Sec. 11. NEW SECTION. 901D.10 Report.
11 1 The department, in consultation with the judicial branch
11 2 and the department of transportation, shall by December 1,
11 3 2021, submit a report to the general assembly detailing the
11 4 effectiveness of the program established pursuant to this
11 5 chapter and shall make recommendations concerning the continued
11 6 implementation of the program or the elimination of the
11 7 program.
11 8 DIVISION II
11 9 OPERATING WHILE INTOXICATED
11 10 Sec. 12. Section 321.12, subsection 4, Code 2017, is amended
11 11 to read as follows:
11 12 4. The director shall not destroy any operating records
11 13 pertaining to arrests or convictions for operating while
11 14 intoxicated, in violation of section 321J.2, or operating
11 15 records pertaining to revocations for violations of section
11 16 321J.2A, except that a conviction or revocation under section
11 17 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383
11 18 shall be deleted from the operating records twelve twenty=five
11 19 years after the date of conviction or the effective date of
11 20 revocation. Convictions or revocations that are retained in
11 21 the operating records for more than twelve twenty=five years
11 22 under this subsection shall be considered only for purposes of
11 23 disqualification actions under 49 C.F.R. pt. 383.
11 24 Sec. 13. Section 321.189, subsection 2, Code 2017, is
11 25 amended by adding the following new paragraph:
11 26 NEW PARAGRAPH. 0c. If the licensee's operating record
11 27 indicates a conviction or revocation for a violation of section
11 28 321J.2 or 321J.2A, the driver's license shall contain an
11 29 operating=while=intoxicated emblem designed by the department
11 30 that shall appear prominently on the back of the license.
11 31 Sec. 14. Section 321.210D, Code 2017, is amended to read as
11 32 follows:
11 33 321.210D Vehicular homicide or serious injury suspension
11 34 ==== termination upon revocation of license ==== reopening of
11 35 suspension.
12 1 1. If a trial information or indictment is filed charging a
12 2 person with the offense of homicide by vehicle under section
12 3 707.6A, subsection 1 or 2, or with an offense under section
12 4 707.6A, subsection 4, paragraph "a", the clerk of the district
12 5 court shall, upon the filing of the information or indictment,
12 6 forward notice to the department including the name and address
12 7 of the party charged, the registration number of the vehicle
12 8 involved, if known, the nature of the offense, and the date of
12 9 the filing of the indictment or information.
12 10 2. Upon receiving notice from the clerk of the district
12 11 court that an indictment or information has been filed
12 12 charging an operator with homicide by vehicle under section
12 13 707.6A, subsection 1 or 2 an offense listed in subsection
12 14 1, the department shall notify the person that the person's
12 15 driver's license will be suspended effective ten days from
12 16 the date of issuance of the notice. The department shall
12 17 adopt rules relating to the suspension of the license of an
12 18 operator pursuant to this section which shall include, but are
12 19 not limited to, procedures for the surrender of the person's
12 20 license to the department upon the effective date of the
12 21 suspension.
12 22 3. If a person whose driver's license has been suspended
12 23 pursuant to this section is not convicted of the charge of
12 24 homicide or serious injury by vehicle under section 707.6A,
12 25 subsection 1 or 2, upon record entry of disposition of the
12 26 charge, the clerk of the district court shall forward a notice
12 27 including the name and address of the party charged, the
12 28 registration number of the vehicle involved, the nature of the
12 29 offense charged by indictment or information, the date of the
12 30 filing of the indictment or information, and of the disposition
12 31 of the charge to the department. Upon receipt of the notice
12 32 from the clerk, the department shall automatically rescind the
12 33 suspension and reinstate the person's driver's license without
12 34 payment of any charge or penalty.
12 35 4. Upon receiving a record of conviction under section
13 1 321.206, for a violation of section 707.6A, subsection 1 or
13 2 2, or section 707.6A, subsection 4, paragraph "a", and upon
13 3 revocation of the person's license or operating privileges
13 4 under section 321.209, the suspension under subsection 2 shall
13 5 automatically terminate in favor of the revocation.
13 6 Sec. 15. Section 321J.2, subsection 3, paragraph d, Code
13 7 2017, is amended to read as follows:
13 8 d. Revocation of the person's driver's license for a
13 9 minimum period of one hundred eighty days year up to a maximum
13 10 revocation period of one year two years, pursuant to section
13 11 321J.4, subsection 1, section 321J.9, or section 321J.12,
13 12 subsection 2. If a revocation occurs due to test refusal
13 13 under section 321J.9, the defendant shall be ineligible for a
13 14 temporary restricted license for a minimum period of ninety
13 15 days.
13 16 (1) A defendant whose alcohol concentration is .08 or more
13 17 but not more than .10 shall not be eligible for any temporary
13 18 restricted license for at least thirty days if a test was
13 19 obtained and an accident resulting in personal injury or
13 20 property damage occurred. The department shall require the
13 21 defendant to install an ignition interlock device of a type
13 22 approved by the commissioner of public safety on all vehicles
13 23 owned or operated by the defendant if the defendant seeks a
13 24 temporary restricted license. There shall be no such period of
13 25 ineligibility if no such accident occurred, and the defendant
13 26 shall not be required to install an ignition interlock device.
13 27 (2) A defendant whose alcohol concentration is more than .10
13 28 shall not be eligible for any temporary restricted license for
13 29 at least thirty days if a test was obtained, and an accident
13 30 resulting in personal injury or property damage occurred or the
13 31 defendant's alcohol concentration exceeded .15. There shall be
13 32 no such period of ineligibility if no such accident occurred
13 33 and the defendant's alcohol concentration did not exceed .15.
13 34 In either case, where a defendant's alcohol concentration is
13 35 more than .10, the department shall require the defendant to
14 1 install an ignition interlock device of a type approved by the
14 2 commissioner of public safety on all vehicles owned or operated
14 3 by the defendant if the defendant seeks a temporary restricted
14 4 license.
14 5 Sec. 16. Section 321J.2, subsection 4, paragraph c, Code
14 6 2017, is amended to read as follows:
14 7 c. Revocation of the defendant's driver's license for a
14 8 period of one year two years, if a revocation occurs pursuant
14 9 to section 321J.12, subsection 1. If a revocation occurs due
14 10 to test refusal under section 321J.9, or pursuant to section
14 11 321J.4, subsection 2, the defendant's license shall be revoked
14 12 for a period of two four years.
14 13 Sec. 17. Section 321J.2, subsection 5, paragraph c, Code
14 14 2017, is amended to read as follows:
14 15 c. Revocation Permanent revocation of the person's driver's
14 16 license for a period of six years pursuant to section 321J.4,
14 17 subsection 4.
14 18 Sec. 18. Section 321J.4, subsections 1 and 2, Code 2017, are
14 19 amended to read as follows:
14 20 1. If a defendant is convicted of a violation of section
14 21 321J.2 and the defendant's driver's license or nonresident
14 22 operating privilege has not been revoked under section 321J.9
14 23 or 321J.12 for the occurrence from which the arrest arose, the
14 24 department shall revoke the defendant's driver's license or
14 25 nonresident operating privilege for one hundred eighty days
14 26 year if the defendant submitted to chemical testing and has had
14 27 no previous conviction or revocation under this chapter and
14 28 shall revoke the defendant's driver's license or nonresident
14 29 operating privilege for one year two years if the defendant
14 30 refused to submit to chemical testing and has had no previous
14 31 conviction or revocation under this chapter. The defendant
14 32 shall not be eligible for any temporary restricted license
14 33 for at least ninety days if a test was refused under section
14 34 321J.9.
14 35 a. A defendant whose alcohol concentration is .08 or
15 1 more but not more than .10 shall not be eligible for any
15 2 temporary restricted license for at least thirty days if
15 3 a test was obtained and an accident resulting in personal
15 4 injury or property damage occurred or the defendant's alcohol
15 5 concentration exceeded .15. The There shall be no such
15 6 period of ineligibility if no such accident occurred and the
15 7 defendant's alcohol concentration did not exceed .15.
15 8 b. Upon revocation, the department shall require the
15 9 defendant to install an ignition interlock device of a type
15 10 approved by the commissioner of public safety on all vehicles
15 11 owned or operated by the defendant if the defendant seeks a
15 12 temporary restricted license. There shall be no such period of
15 13 ineligibility if no such accident occurred, and the defendant
15 14 shall not be required to install an ignition interlock device.
15 15 b. A defendant whose alcohol concentration is more than .10
15 16 shall not be eligible for any temporary restricted license for
15 17 at least thirty days if a test was obtained and an accident
15 18 resulting in personal injury or property damage occurred or the
15 19 defendant's alcohol concentration exceeded .15. There shall be
15 20 no such period of ineligibility if no such accident occurred
15 21 and the defendant's alcohol concentration did not exceed .15.
15 22 In either case, where a defendant's alcohol concentration is
15 23 more than .10, the department shall require the defendant to
15 24 install an ignition interlock device of a type approved by the
15 25 commissioner of public safety on all vehicles owned or operated
15 26 by the defendant if the defendant seeks a temporary restricted
15 27 license.
15 28 c. If the defendant is under the age of twenty=one, the
15 29 defendant shall not be eligible for a temporary restricted
15 30 license for at least sixty days after the effective date of
15 31 revocation.
15 32 2. If a defendant is convicted of a violation of section
15 33 321J.2, and the defendant's driver's license or nonresident
15 34 operating privilege has not already been revoked under section
15 35 321J.9 or 321J.12 for the occurrence from which the arrest
16 1 arose, the department shall revoke the defendant's driver's
16 2 license or nonresident operating privilege for one year two
16 3 years if the defendant submitted to chemical testing and has
16 4 had a previous conviction or revocation under this chapter and
16 5 shall revoke the defendant's driver's license or nonresident
16 6 operating privilege for two four years if the defendant refused
16 7 to submit to chemical testing and has had a previous revocation
16 8 under this chapter. The defendant shall not be eligible for
16 9 any temporary restricted license for forty=five days after the
16 10 effective date of revocation if the defendant submitted to
16 11 chemical testing and shall not be eligible for any temporary
16 12 restricted license for ninety days after the effective date
16 13 of revocation if the defendant refused chemical testing. The
16 14 temporary restricted license shall be issued in accordance
16 15 with section 321J.20, subsection 2. The Upon revocation, the
16 16 department shall require the defendant to install an ignition
16 17 interlock device of a type approved by the commissioner
16 18 of public safety on all vehicles owned or operated by the
16 19 defendant if the defendant seeks a temporary restricted license
16 20 at the end of the minimum period of ineligibility. A temporary
16 21 restricted license shall not be granted by the department until
16 22 the defendant installs the ignition interlock device.
16 23 Sec. 19. Section 321J.4, subsection 3, paragraphs a and b,
16 24 Code 2017, are amended to read as follows:
16 25 a. A defendant whose alcohol concentration is .08 or
16 26 more but not more than .10 shall not be eligible for any
16 27 temporary restricted license for at least thirty days if
16 28 a test was obtained and an accident resulting in personal
16 29 injury or property damage occurred or the defendant's alcohol
16 30 concentration exceeded .15. The There shall be no such
16 31 period of ineligibility if no such accident occurred and the
16 32 defendant's alcohol concentration did not exceed .15. Upon
16 33 revocation, the department shall require the defendant to
16 34 install an ignition interlock device of a type approved by the
16 35 commissioner of public safety on all vehicles owned or operated
17 1 by the defendant if the defendant seeks a temporary restricted
17 2 license. There shall be no such period of ineligibility if no
17 3 such accident occurred, and the defendant shall not be required
17 4 to install an ignition interlock device.
17 5 b. A defendant whose alcohol concentration is more than .10
17 6 shall not be eligible for any temporary restricted license for
17 7 at least thirty days if a test was obtained and an accident
17 8 resulting in personal injury or property damage occurred or the
17 9 defendant's alcohol concentration exceeded .15. There shall be
17 10 no such period of ineligibility if no such accident occurred
17 11 and the defendant's alcohol concentration did not exceed .15.
17 12 In either case, where a defendant's alcohol concentration is
17 13 more than .10, the department shall require the defendant to
17 14 install an ignition interlock device of a type approved by the
17 15 commissioner of public safety on all vehicles owned or operated
17 16 by the defendant if the defendant seeks a temporary restricted
17 17 license.
17 18 Sec. 20. Section 321J.4, subsections 4, 5, and 6, Code 2017,
17 19 are amended to read as follows:
17 20 4. Upon a plea or verdict of guilty of a third or subsequent
17 21 violation of section 321J.2, the department shall revoke the
17 22 defendant's driver's license or nonresident operating privilege
17 23 for a period of six years permanently. The defendant shall not
17 24 be eligible for a any temporary restricted license for one year
17 25 after the effective date of the revocation. The department
17 26 shall require the defendant to install an ignition interlock
17 27 device of a type approved by the commissioner of public safety
17 28 on all vehicles owned or operated by the defendant if the
17 29 defendant seeks a temporary restricted license at the end of
17 30 the minimum period of ineligibility. A temporary restricted
17 31 license shall not be granted by the department until the
17 32 defendant installs the ignition interlock device.
17 33 5. Upon a plea or verdict of guilty of a violation of
17 34 section 321J.2 which involved a personal injury, the court
17 35 shall determine in open court, from consideration of the
18 1 information in the file and any other evidence the parties
18 2 may submit, whether a serious injury, as defined in section
18 3 702.18, was sustained by any person other than the defendant
18 4 and, if so, whether the defendant's conduct in violation of
18 5 section 321J.2 caused the serious injury. If the court so
18 6 determines, the court shall order the department to revoke the
18 7 defendant's driver's license or nonresident operating privilege
18 8 for a period of one year in addition to any other period of
18 9 suspension or revocation permanently. The defendant shall not
18 10 be eligible for any temporary restricted license until the
18 11 minimum period of ineligibility has expired under this section
18 12 or section 321J.9, 321J.12, or 321J.20. The defendant shall
18 13 surrender to the court any Iowa license or permit and the court
18 14 shall forward it the license or permit to the department with a
18 15 copy of the order for revocation.
18 16 6. Upon a plea or verdict of guilty of a violation of
18 17 section 321J.2 which involved a death, the court shall
18 18 determine in open court, from consideration of the information
18 19 in the file and any other evidence the parties may submit,
18 20 whether a death occurred and, if so, whether the defendant's
18 21 conduct in violation of section 321J.2 caused the death. If
18 22 the court so determines, the court shall order the department
18 23 to revoke the defendant's driver's license or nonresident
18 24 operating privilege for a period of six years permanently. The
18 25 defendant shall not be eligible for any temporary restricted
18 26 license for at least two years after the revocation. The
18 27 defendant shall surrender to the court any Iowa license or
18 28 permit and the court shall forward it the license or permit to
18 29 the department with a copy of the order for revocation.
18 30 Sec. 21. Section 321J.4, subsection 8, paragraphs a and c,
18 31 Code 2017, are amended to read as follows:
18 32 a. On a conviction for or as a condition of a deferred
18 33 judgment for a violation of section 321J.2, the court may shall
18 34 order the defendant to install ignition interlock devices
18 35 of a type approved by the commissioner of public safety on
19 1 all motor vehicles owned or operated by the defendant which,
19 2 without tampering or the intervention of another person, would
19 3 prevent the defendant from operating the motor vehicle with an
19 4 alcohol concentration greater than a level set by rule of the
19 5 commissioner of public safety.
19 6 c. The order to install ignition interlock devices shall
19 7 remain in effect for a period of time as determined by the
19 8 court which shall not exceed the maximum term of imprisonment
19 9 which the court could have imposed according to the nature of
19 10 the violation the period of time required by section 321.20A.
19 11 While the order is in effect, the defendant shall not operate
19 12 a motor vehicle which does not have an approved ignition
19 13 interlock device installed.
19 14 Sec. 22. Section 321J.4B, subsection 1, paragraph a, Code
19 15 2017, is amended to read as follows:
19 16 a. "Immobilized" means the installation of a device in a
19 17 motor vehicle that completely prevents a motor vehicle from
19 18 being operated, or the installation of an ignition interlock
19 19 device of a type approved by the commissioner of public safety.
19 20 Sec. 23. Section 321J.4B, subsection 4, Code 2017, is
19 21 amended to read as follows:
19 22 4. An owner of a motor vehicle impounded or immobilized
19 23 under this section, who knows of, should have known of,
19 24 or gives consent to the operation of, the motor vehicle in
19 25 violation of subsection 2, paragraph "a", subparagraph (2),
19 26 shall be considered to be all of the following:
19 27 a. Guilty of a simple serious misdemeanor, and.
19 28 b. Jointly and severally liable for any damages caused
19 29 by the person who operated the motor vehicle, subject to the
19 30 provisions of chapter 668.
19 31 Sec. 24. Section 321J.4B, subsection 5, paragraph d, Code
19 32 2017, is amended to read as follows:
19 33 d. The period of impoundment or immobilization of a motor
19 34 vehicle under this section shall be the period of license
19 35 revocation imposed upon the person convicted of the offense or
20 1 one hundred eighty days year, whichever period is longer. The
20 2 impoundment or immobilization period shall commence on the day
20 3 that the vehicle is first impounded or immobilized.
20 4 Sec. 25. Section 321J.4B, subsection 6, Code 2017, is
20 5 amended to read as follows:
20 6 6. Upon conviction of the defendant for a first violation
20 7 of subsection 2, paragraph "a", subparagraph (2), where the
20 8 defendant's driver's license was revoked as a result of a
20 9 second or subsequent violation of section 321J.2, or a second
20 10 or subsequent violation of subsection 2, paragraph "a",
20 11 subparagraph (2), the court shall order, if the convicted
20 12 person defendant is the owner of the motor vehicle used in the
20 13 commission of the offense, that that motor vehicle be seized
20 14 and forfeited to the state pursuant to chapters 809 and 809A.
20 15 Sec. 26. Section 321J.5, subsection 2, Code 2017, is amended
20 16 to read as follows:
20 17 2. The results of this preliminary screening test may be
20 18 used for the purpose of deciding whether an arrest should be
20 19 made or whether to request a chemical test authorized in this
20 20 chapter, but shall not be used in any court action except to
20 21 prove that a chemical test was properly requested of a person
20 22 pursuant to this chapter. However, the results of a breath
20 23 test administered after a preliminary screening test pursuant
20 24 to section 321J.6, subsection 2, by a certified operator using
20 25 a portable breath testing instrument intended to determine
20 26 alcohol concentration, and using methods approved by the
20 27 commissioner of public safety pursuant to section 321J.15, may
20 28 be used as evidence in any court action.
20 29 Sec. 27. Section 321J.9, subsections 1 and 2, Code 2017, are
20 30 amended to read as follows:
20 31 1. If a person refuses to submit to the chemical testing, a
20 32 test shall not be given, but the department, upon the receipt
20 33 of the peace officer's certification, subject to penalty for
20 34 perjury, that the officer had reasonable grounds to believe the
20 35 person to have been operating a motor vehicle in violation of
21 1 section 321J.2 or 321J.2A, that specified conditions existed
21 2 for chemical testing pursuant to section 321J.6, and that the
21 3 person refused to submit to the chemical testing, shall revoke
21 4 the person's driver's license and any nonresident operating
21 5 privilege for the following periods of time:
21 6 a. One year Two years if the person has no previous
21 7 revocation under this chapter; and
21 8 b. Two Four years if the person has had a previous
21 9 revocation under this chapter.
21 10 2. a. A person whose driver's license or nonresident
21 11 operating privileges are revoked under subsection 1 shall not
21 12 be eligible for a temporary restricted license for at least
21 13 ninety days after the effective date of the revocation. A
21 14 temporary restricted license issued to a person whose driver's
21 15 license or nonresident driving privilege has been revoked under
21 16 subsection 1, paragraph "b", shall be issued in accordance with
21 17 section 321J.20, subsection 2.
21 18 b. The department shall require the defendant to install
21 19 an ignition interlock device of a type approved by the
21 20 commissioner of public safety on all vehicles owned or operated
21 21 by the defendant if the defendant seeks a temporary restricted
21 22 license at the end of the minimum period of ineligibility upon
21 23 revocation of the defendant's driver's license unless the
21 24 defendant's driver's license or nonresident operating privilege
21 25 has been permanently revoked under this chapter. A temporary
21 26 restricted license shall not be granted by the department until
21 27 the defendant installs the ignition interlock device.
21 28 Sec. 28. Section 321J.10, subsection 1, Code 2017, is
21 29 amended to read as follows:
21 30 1. Refusal to consent to a test under section 321J.6 does
21 31 not prohibit the withdrawal of a specimen for chemical testing
21 32 pursuant to a search warrant issued in the investigation of
21 33 a suspected violation of section 707.5 or 707.6A 321J.2 or
21 34 321J.2A if all of the following grounds exist:
21 35 a. A traffic accident has resulted in a death or personal
22 1 injury reasonably likely to cause death.
22 2 b. There there are reasonable grounds to believe that one or
22 3 more of the persons whose driving may have been the proximate
22 4 cause of the accident the person was violating section 321J.2
22 5 or 321J.2A at the time of the accident suspected violation.
22 6 Sec. 29. Section 321J.10, subsection 3, paragraph c, Code
22 7 2017, is amended to read as follows:
22 8 c. The oral application testimony shall set forth facts and
22 9 information tending to establish the existence of the grounds
22 10 for the warrant and shall describe with a reasonable degree of
22 11 specificity the person or persons whose driving is believed to
22 12 have been the proximate cause of the accident and from whom a
22 13 specimen is to be withdrawn in violation of section 321J.2 or
22 14 321J.2A and the location where the withdrawal of the specimen
22 15 or specimens is to take place.
22 16 Sec. 30. Section 321J.12, subsections 1 and 2, Code 2017,
22 17 are amended to read as follows:
22 18 1. Upon certification, subject to penalty for perjury, by
22 19 the peace officer that there existed reasonable grounds to
22 20 believe that the person had been operating a motor vehicle in
22 21 violation of section 321J.2, that there existed one or more
22 22 of the necessary conditions for chemical testing described in
22 23 section 321J.6, subsection 1, and that the person submitted to
22 24 chemical testing and the test results indicated the presence
22 25 of a controlled substance or other drug, or an alcohol
22 26 concentration equal to or in excess of the level prohibited by
22 27 section 321J.2, or a combination of alcohol and another drug in
22 28 violation of section 321J.2, the department shall revoke the
22 29 person's driver's license or nonresident operating privilege
22 30 for the following periods of time:
22 31 a. One hundred eighty days year if the person has had no
22 32 revocation under this chapter.
22 33 b. One year Two years if the person has had a previous
22 34 revocation under this chapter.
22 35 2. a. A person whose driver's license or nonresident
23 1 operating privileges have been revoked under subsection 1,
23 2 paragraph "a", whose alcohol concentration is .08 or more but
23 3 not more than .10 shall not be eligible for any temporary
23 4 restricted license for at least thirty days after the effective
23 5 date of the revocation if a test was obtained and an accident
23 6 resulting in personal injury or property damage occurred or
23 7 the defendant's alcohol concentration exceeded .15. The There
23 8 shall be no such period of ineligibility if no such accident
23 9 occurred and the defendant's alcohol concentration did not
23 10 exceed .15.
23 11 b. Upon revocation, the department shall require the
23 12 defendant to install an ignition interlock device of a type
23 13 approved by the commissioner of public safety on all vehicles
23 14 owned or operated by the defendant if the defendant seeks a
23 15 temporary license unless the defendant's driver's license
23 16 or nonresident operating privilege has been permanently
23 17 revoked under this chapter. There shall be no such period of
23 18 ineligibility if no such accident occurred, and the defendant
23 19 shall not be required to install an ignition interlock device.
23 20 b. A defendant whose alcohol concentration is more than .10
23 21 shall not be eligible for any temporary restricted license for
23 22 at least thirty days if a test was obtained and an accident
23 23 resulting in personal injury or property damage occurred or the
23 24 defendant's alcohol concentration exceeded .15. There shall be
23 25 no such period of ineligibility if no such accident occurred
23 26 and the defendant's alcohol concentration did not exceed .15.
23 27 In either case, where a defendant's alcohol concentration is
23 28 more than .10, the department shall require the defendant to
23 29 install an ignition interlock device of a type approved by the
23 30 commissioner of public safety on all vehicles owned or operated
23 31 by the defendant if the defendant seeks a temporary restricted
23 32 license.
23 33 c. If the person is under the age of twenty=one, the person
23 34 shall not be eligible for a temporary restricted license for at
23 35 least sixty days after the effective date of the revocation.
24 1 d. A person whose license or privileges have been revoked
24 2 under subsection 1, paragraph "b", for one year shall not be
24 3 eligible for any temporary restricted license for forty=five
24 4 days after the effective date of the revocation, and upon
24 5 revocation the department shall require the person to install
24 6 an ignition interlock device of a type approved by the
24 7 commissioner of public safety on all vehicles owned or operated
24 8 by the defendant if the defendant seeks a temporary restricted
24 9 license at the end of the minimum period of ineligibility
24 10 unless the defendant's driver's license or nonresident
24 11 operating privilege has been permanently revoked under this
24 12 chapter. The temporary restricted license shall be issued in
24 13 accordance with section 321J.20, subsection 2. A temporary
24 14 restricted license shall not be granted by the department until
24 15 the defendant installs the ignition interlock device.
24 16 Sec. 31. Section 321J.17, subsection 3, Code 2017, is
24 17 amended to read as follows:
24 18 3. The department shall also require certification of
24 19 installation of an ignition interlock device of a type approved
24 20 by the commissioner of public safety on all motor vehicles
24 21 owned or operated by any person seeking reinstatement following
24 22 a second or subsequent revocation under section 321J.4,
24 23 321J.9, or 321J.12. The requirement for the installation of
24 24 an approved ignition interlock device shall be for one year
24 25 from the date of reinstatement unless a longer time period is
24 26 required by statute the period of time required under section
24 27 321J.20A. The one=year period a person is required to maintain
24 28 an ignition interlock device under this subsection shall be
24 29 reduced by any period of time the person held a valid temporary
24 30 restricted license during the period of the revocation for
24 31 the occurrence from which the arrest arose. The person shall
24 32 not operate any motor vehicle which is not equipped with an
24 33 approved ignition interlock device during the period in which
24 34 an ignition interlock device must be maintained, and the
24 35 department shall not grant reinstatement unless the person
25 1 certifies installation of an ignition interlock device as
25 2 required in this subsection.
25 3 Sec. 32. Section 321J.20, subsection 1, paragraph a,
25 4 unnumbered paragraph 1, Code 2017, is amended to read as
25 5 follows:
25 6 The department may, on application, issue a temporary
25 7 restricted license to a person whose noncommercial driver's
25 8 license is revoked under this chapter allowing unless the
25 9 person's noncommercial driver's license has been permanently
25 10 revoked. A temporary restricted license issued under this
25 11 subsection may allow the person to drive to and from the
25 12 person's home and specified places at specified times which can
25 13 be verified by the department and which are required by the
25 14 person's full=time or part=time employment, continuing health
25 15 care or the continuing health care of another who is dependent
25 16 upon the person, continuing education while enrolled in an
25 17 educational institution on a part=time or full=time basis and
25 18 while pursuing a course of study leading to a diploma, degree,
25 19 or other certification of successful educational completion,
25 20 substance abuse treatment, court=ordered community service
25 21 responsibilities, and appointments with the person's parole or
25 22 probation officer, and participation in a program established
25 23 pursuant to chapter 901D, if the person's driver's license has
25 24 not been revoked previously under section 321J.4, 321J.9, or
25 25 321J.12 and if any of the following apply:
25 26 Sec. 33. Section 321J.20, subsection 1, paragraphs b and d,
25 27 Code 2017, are amended to read as follows:
25 28 b. A temporary restricted license may be issued under this
25 29 subsection if the person's noncommercial driver's license is
25 30 revoked for two years under section 321J.4, subsection 2, or
25 31 section 321J.9, subsection 1, paragraph "b", and the first three
25 32 hundred sixty=five days of the revocation have expired.
25 33 d. Following the applicable minimum period of ineligibility,
25 34 a temporary restricted license under this subsection shall not
25 35 be issued until unless the applicant installs has installed
26 1 an ignition interlock device of a type approved by the
26 2 commissioner of public safety on all motor vehicles owned or
26 3 operated by the applicant in accordance with section 321J.2,
26 4 321J.4, 321J.9, or 321J.12. Installation of an ignition
26 5 interlock device under this subsection shall be required for
26 6 the period of time for which the temporary restricted license
26 7 is issued and for such additional period of time following
26 8 reinstatement as is required under section 321J.17, subsection
26 9 3 provided under section 321J.20A.
26 10 Sec. 34. Section 321J.20, subsections 2 and 3, Code 2017,
26 11 are amended to read as follows:
26 12 2. a. Notwithstanding section 321.560, the department may,
26 13 on application, and upon the expiration of the minimum period
26 14 of ineligibility for a temporary restricted license provided
26 15 for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a
26 16 temporary restricted license to a person whose noncommercial
26 17 driver's license has either been revoked under this chapter, or
26 18 revoked or suspended under chapter 321 solely for violations
26 19 of this chapter, or who has been determined to be a habitual
26 20 offender under chapter 321 based solely on violations of this
26 21 chapter or on violations listed in section 321.560, subsection
26 22 1, paragraph "b", and who is not eligible for a temporary
26 23 restricted license under subsection 1. However, the department
26 24 may shall not issue a temporary restricted license under
26 25 this subsection for a violation of section 321J.2A, or to a
26 26 person under the age of twenty=one whose license is revoked
26 27 under section 321J.4, 321J.9, or 321J.12, or to a person whose
26 28 noncommercial driver's license has been permanently revoked
26 29 under this chapter. A temporary restricted license issued
26 30 under this subsection may allow the person to drive to and
26 31 from the person's home and specified places at specified times
26 32 which can be verified by the department and which are required
26 33 by the person's full=time or part=time employment; continuing
26 34 education while enrolled in an educational institution on a
26 35 part=time or full=time basis and while pursuing a course of
27 1 study leading to a diploma, degree, or other certification
27 2 of successful educational completion; or substance abuse
27 3 treatment; or participation in a program established pursuant
27 4 to chapter 901D.
27 5 b. A temporary restricted license issued under this
27 6 subsection shall not be issued until unless the applicant
27 7 installs has installed an approved ignition interlock device
27 8 on all motor vehicles owned or operated by the applicant.
27 9 Installation of an ignition interlock device under this
27 10 subsection shall be required for the period of time for
27 11 which the temporary restricted license is issued, and for
27 12 such additional period of time following reinstatement as is
27 13 required under section 321J.17, subsection 3 provided under
27 14 section 321J.20A. However, a person whose driver's license or
27 15 nonresident operating privilege has been revoked under section
27 16 321J.21 may apply to the department for a temporary restricted
27 17 license without the requirement of an ignition interlock device
27 18 if at least twelve twenty=five years have elapsed since the end
27 19 of the underlying revocation period for a first violation of
27 20 section 321J.2.
27 21 3. If a person required to install an ignition interlock
27 22 device or participate in a program established pursuant to
27 23 chapter 901D operates a motor vehicle which does not have an
27 24 approved ignition interlock device or while not in compliance
27 25 with the program, or if the person tampers with or circumvents
27 26 an ignition interlock device, in addition to other penalties
27 27 provided, the person's temporary restricted license shall be
27 28 revoked.
27 29 Sec. 35. Section 321J.20, Code 2017, is amended by adding
27 30 the following new subsection:
27 31 NEW SUBSECTION. 10. Notwithstanding any other provision of
27 32 law to the contrary, in any circumstance in which this chapter
27 33 requires the installation of an ignition interlock device in
27 34 all vehicles owned or operated by a person as a condition of
27 35 the person's license or privilege to operate noncommercial
28 1 motor vehicles, the department shall require the person to
28 2 participate in and be in compliance with a sobriety and drug
28 3 monitoring program established pursuant to chapter 901D if the
28 4 person's offense under this chapter qualifies as an eligible
28 5 offense as defined in section 901D.2, and the person's offense
28 6 occurred in a participating jurisdiction, as defined in section
28 7 901D.2. The department, in consultation with the department
28 8 of public safety, may adopt rules for issuing and accepting a
28 9 certification of participation in and compliance with a program
28 10 established pursuant to chapter 901D. This subsection shall be
28 11 construed and implemented to comply with 23 U.S.C. {164(a), as
28 12 amended by the federal Fixing America's Surface Transportation
28 13 Act, Pub. L. No. 114=94, {1414, and shall not apply if such
28 14 application results in a finding of noncompliance with 23
28 15 U.S.C. {164 that results or will result in a reservation
28 16 or transfer of funds pursuant to 23 U.S.C. {164(b). This
28 17 subsection shall not authorize the operation of a motor vehicle
28 18 for any purpose not otherwise authorized by this chapter.
28 19 Sec. 36. NEW SECTION. 321J.20A Ignition interlock devices
28 20 ==== duration of requirements ==== indigent user fund.
28 21 1. a. An ignition interlock device installed in a motor
28 22 vehicle as required by this chapter shall be installed in the
28 23 vehicle for as long as the defendant is the owner or operator
28 24 of the vehicle, except as provided in this subsection.
28 25 b. If an ignition interlock device was installed in a
28 26 motor vehicle as a result of the defendant's first offense or
28 27 revocation under this chapter, the device shall be uninstalled
28 28 after the later of the following:
28 29 (1) Two years after the date the defendant's driver's
28 30 license revocation period ends.
28 31 (2) One hundred eighty days after the date the defendant
28 32 last failed a test or retest by the device because the
28 33 defendant's alcohol concentration exceeded the limit
28 34 established under 661 IAC 158.6.
28 35 (3) One hundred eighty days after the date the defendant
29 1 last failed to maintain the device as required under 661 IAC
29 2 ch. 158.
29 3 c. Notwithstanding paragraph "b", an ignition interlock
29 4 device installed in a motor vehicle as required by this chapter
29 5 shall not be uninstalled if the defendant has been convicted of
29 6 tampering with or circumventing an ignition interlock device.
29 7 2. If the defendant fails a test or retest by an ignition
29 8 interlock device installed in a motor vehicle as required by
29 9 this chapter because the defendant's alcohol concentration
29 10 exceeded the limit established under 661 IAC 158.6, the failure
29 11 shall be reported by the device or an entity monitoring the
29 12 device to the department.
29 13 3. Upon revocation, and at such times as the department may
29 14 require by rule, a defendant shall certify to the department
29 15 that the defendant has installed an approved ignition
29 16 interlock device in all motor vehicles owned or operated by
29 17 the defendant. The department may adopt rules relating to the
29 18 form, manner, and circumstances under which a defendant is
29 19 required to submit a certification to the department that the
29 20 defendant has installed an approved ignition interlock device
29 21 in all motor vehicles owned or operated by the defendant.
29 22 4. a. An ignition interlock indigent user fund is created
29 23 in the state treasury. The fund shall be administered by
29 24 the department and shall consist of moneys collected by the
29 25 department under this subsection. The moneys in the fund are
29 26 appropriated to and shall be used by the department to assist
29 27 indigent users of ignition interlock devices in paying for the
29 28 use of the devices. Notwithstanding section 8.33, moneys in
29 29 the fund at the end of each fiscal year shall not revert to any
29 30 other fund but shall remain in the fund for expenditure for
29 31 subsequent fiscal years.
29 32 b. Each month, the department shall assess an ignition
29 33 interlock user fee to each user of an ignition interlock
29 34 device. All ignition interlock user fees shall be collected by
29 35 the department and deposited in the ignition interlock indigent
30 1 user fund. The amount of the monthly ignition interlock user
30 2 fee shall be set by the department so that the moneys in the
30 3 ignition interlock indigent user fund are sufficient to assist
30 4 all indigent users of ignition interlock devices in paying for
30 5 the use of the devices.
30 6 c. A person is indigent for the purposes of this subsection
30 7 if any of the following apply:
30 8 (1) The person has an income level at or below one hundred
30 9 twenty=five percent of the United States poverty level as
30 10 defined by the most recently revised poverty income guidelines
30 11 published by the United States department of health and human
30 12 services, and the department determines that the person is
30 13 unable to pay for the cost of an ignition interlock device. In
30 14 making the determination of a person's ability to pay for the
30 15 cost of a device, the department shall consider not only the
30 16 person's income, but also the person's other assets, including
30 17 but not limited to cash, stocks, bonds, and any other property.
30 18 (2) The person has an income level greater than one hundred
30 19 twenty=five percent, but at or below two hundred percent, of
30 20 the most recently revised poverty income guidelines published
30 21 by the United States department of health and human services,
30 22 and the department determines that paying for the ignition
30 23 interlock device would cause the person substantial hardship.
30 24 In determining whether substantial hardship would result, the
30 25 department shall consider not only the person's income, but
30 26 also the person's other assets, including but not limited to
30 27 cash, stocks, bonds, and any other property.
30 28 d. The department shall adopt rules to administer this
30 29 subsection, including but not limited to the manner used to
30 30 determine the monthly ignition interlock user fee and the
30 31 accepted form and manner in which a person may demonstrate
30 32 indigency.
30 33 Sec. 37. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and
30 34 4, Code 2017, are amended to read as follows:
30 35 1. A person commits a class "B" felony punishable by
31 1 imprisonment not to exceed fifty years when the person
31 2 unintentionally causes the death of another by operating a
31 3 motor vehicle while intoxicated, as prohibited by section
31 4 321J.2.
31 5 1A. a. Upon a plea or verdict of guilty of a violation
31 6 of this subsection 1, the defendant shall surrender to the
31 7 court any Iowa license or permit and the court shall forward
31 8 the license or permit to the department with a copy of the
31 9 order of conviction. Upon receipt of the order of conviction,
31 10 the department shall revoke the defendant's driver's license
31 11 or nonresident operating privilege for a period of six years
31 12 permanently. The defendant shall not be eligible for a any
31 13 temporary restricted license for at least two years after the
31 14 revocation.
31 15 1B. b. Upon a plea or verdict of guilty of a violation of
31 16 this subsection 1, the court shall order the defendant, at the
31 17 defendant's expense, to do all of the following:
31 18 a. (1) Enroll, attend, and satisfactorily complete a course
31 19 for drinking drivers, as provided in section 321J.22.
31 20 b. (2) Submit to evaluation and treatment or rehabilitation
31 21 services.
31 22 1C. A driver's license or nonresident operating privilege
31 23 shall not be reinstated until proof of completion of the
31 24 requirements of subsection 1B is presented to the department.
31 25 1D. c. Where the program is available and appropriate for
31 26 the defendant, the court shall also order the defendant to
31 27 participate in a reality education substance abuse prevention
31 28 program as provided in section 321J.24.
31 29 4. a. A person commits a class "C" felony when the person
31 30 unintentionally causes a serious injury, as defined in section
31 31 702.18, by the means described in subsection 1. Upon a plea
31 32 or verdict of guilty of a violation of this paragraph "a", the
31 33 defendant shall surrender to the court any Iowa license or
31 34 permit and the court shall forward the license or permit to
31 35 the department with a copy of the order of conviction. Upon
32 1 receipt of the order of conviction, the department shall revoke
32 2 the defendant's driver's license or nonresident operating
32 3 privilege permanently.
32 4 b. A person commits a class "D" felony when the person
32 5 unintentionally causes a serious injury, as defined in section
32 6 702.18, by any of the means described in subsection 1 or 2.
32 7 Sec. 38. Section 809A.3, subsection 2, Code 2017, is amended
32 8 to read as follows:
32 9 2. Notwithstanding subsection 1, violations of chapter
32 10 321 or 321J shall not be considered conduct giving rise to
32 11 forfeiture, except for violations as provided in any of the
32 12 following:
32 13 a. Section 321.232.
32 14 b. A second or subsequent violation of section 321J.4B,
32 15 subsection 2, paragraph "a", subparagraph (2).
32 16 c. b. Section 321J.4B, subsection 6, 9, or 10.
32 17 DIVISION III
32 18 PERSONS INVOLVED IN THE SALE OF ALCOHOLIC BEVERAGES
32 19 Sec. 39. Section 123.39, subsection 1, paragraph b, Code
32 20 2017, is amended by adding the following new subparagraph:
32 21 NEW SUBPARAGRAPH. (7) Failure to submit a plan and
32 22 procedure for the transportation of intoxicated persons to the
32 23 satisfaction of the division or local authority as required by
32 24 section 123.50, subsection 6.
32 25 Sec. 40. Section 123.49, Code 2017, is amended by adding the
32 26 following new subsection:
32 27 NEW SUBSECTION. 1A. A person holding a liquor control
32 28 license or wine or beer permit for on=premises consumption
32 29 shall not sell, dispense, or give to a person any alcoholic
32 30 liquor, wine, or beer, if the person's driver's license is
32 31 marked pursuant to section 321.189, subsection 2, paragraph
32 32 "0c".
32 33 Sec. 41. Section 123.50, Code 2017, is amended by adding the
32 34 following new subsection:
32 35 NEW SUBSECTION. 6. If an employee of a licensee or
33 1 permittee violates section 123.49, subsection 1, the licensee
33 2 or permittee shall submit to the division or local authority
33 3 a plan and procedure for the licensee or permittee to obtain
33 4 transportation for intoxicated persons on the premises of the
33 5 licensee's or permittee's business from the licensee's or
33 6 permittee's business to the intoxicated person's home. Failure
33 7 to submit such a plan and procedure to the satisfaction of the
33 8 division or local authority shall be grounds for the suspension
33 9 or revocation of the license or permit of the licensee or
33 10 permittee by the division or the local authority.
33 11 Sec. 42. Section 123.50A, Code 2017, is amended by adding
33 12 the following new subsection:
33 13 NEW SUBSECTION. 5. An employee or prospective employee
33 14 of a licensee or permittee shall complete or re=complete the
33 15 alcohol compliance employee training program if the employee,
33 16 prospective employee, or another employee of the licensee
33 17 or permittee is convicted of a violation of section 123.49,
33 18 subsection 1 or 1A. The employee or prospective employee shall
33 19 attend the next available alcohol compliance employee training
33 20 program taking place within one hundred miles of the licensee's
33 21 or permittee's business.
33 22 EXPLANATION
33 23 The inclusion of this explanation does not constitute agreement with
33 24 the explanation's substance by the members of the general assembly.
33 25 DIVISION I ==== STATEWIDE SOBRIETY AND DRUG MONITORING
33 26 PROGRAM. This bill directs the department of public safety
33 27 (DPS) to establish a statewide sobriety and drug monitoring
33 28 program that is available 24 hours per day, seven days per
33 29 week. Under the program, a court or governmental entity, as
33 30 a condition of bond, pretrial release, sentence, probation,
33 31 parole, or a temporary restricted license, may require a person
33 32 who has been charged with, pled guilty to, or been convicted
33 33 of an eligible offense to abstain from alcohol and controlled
33 34 substances for a period of time. The bill provides that an
33 35 eligible offense is a criminal offense in which the abuse of
34 1 alcohol or a controlled substance was a contributing factor
34 2 in the commission of the offense as determined by the court
34 3 or governmental entity of the participating jurisdiction,
34 4 including but not limited to a first or subsequent offense of
34 5 operating while intoxicated (OWI).
34 6 The program requires a person to be subject to testing to
34 7 determine whether alcohol or a controlled substance is present
34 8 in the person's body at least twice per day at a central
34 9 location where an immediate sanction can be applied. Where
34 10 such testing creates a documented hardship or is geographically
34 11 impractical, an alternative method approved by DPS may be used.
34 12 Hardship or geographic impracticality is determined by
34 13 documentation and consideration of whether a testing device is
34 14 available, whether the participant is capable of paying the
34 15 fees and costs associated with the testing device, whether
34 16 the participant is capable of wearing the testing device, and
34 17 whether the participant fails to qualify for testing twice
34 18 per day because the participant lives in a rural area, the
34 19 participant's employment requires the participant's presence at
34 20 a location remote from the testing location, or the participant
34 21 has repeatedly violated the requirements of the program.
34 22 The bill prohibits a person who has been required to
34 23 participate in the program and whose driver's license is
34 24 suspended or revoked from participating in the program until
34 25 the person is eligible for a temporary restricted license. A
34 26 person must install an ignition interlock device on all motor
34 27 vehicles owned or operated by the person to participate in
34 28 the program. A person who has been charged with, pled guilty
34 29 to, or been convicted of an eligible offense who has not
34 30 been required to participate in the program may apply to the
34 31 participating jurisdiction in order to participate.
34 32 If a jurisdiction applies to and is approved by DPS to
34 33 participate in the program, the bill requires DPS to assist the
34 34 jurisdiction in setting up and administering the program. The
34 35 participating jurisdiction must establish testing locations and
35 1 may designate a third party to provide testing services.
35 2 Any efforts by DPS to alter or modify the core components
35 3 of the program are required to include a documented strategy
35 4 for achieving and measuring the effectiveness of the planned
35 5 alteration or modification. Before the core components of the
35 6 program can be altered or modified, a pilot program must be
35 7 initiated and monitored.
35 8 The bill requires DPS to adopt rules providing for the nature
35 9 and manner of testing; establishing reasonable fees; providing
35 10 for the application, acceptance, and use of public and private
35 11 grants, gifts, and donations; establishing a process for
35 12 the identification and management of indigent participants;
35 13 providing for the creation and administration of a stakeholder
35 14 group to review and recommend changes to the program; and
35 15 establishing a process for the submission and approval of
35 16 applications from jurisdictions. The bill further requires the
35 17 amount of the fees to be set at an amount such that the fees
35 18 collected in a participating jurisdiction are sufficient to pay
35 19 for the costs of the program in the participating jurisdiction,
35 20 including all costs to the state.
35 21 In addition, the bill requires DPS to provide for and approve
35 22 the use of a program data management system to be used by DPS
35 23 and all participating jurisdictions to manage testing, test
35 24 events, test results, data access, fees, the collection of fee
35 25 payments, and the submission and collection of any required
35 26 reports. The bill provides for certain required features of
35 27 the data management system.
35 28 A court may condition any bond or pretrial release otherwise
35 29 authorized by law for a person charged with an eligible offense
35 30 upon participation in the program and payment of the required
35 31 fees. A court may also condition a suspended sentence or
35 32 probation otherwise authorized by law for a person convicted
35 33 of an eligible offense upon participation in the program
35 34 and payment of the required fees. Likewise, the board of
35 35 parole, the department of corrections, or a parole officer
36 1 may condition parole otherwise authorized by law for a person
36 2 convicted of an eligible offense upon participation in the
36 3 program and payment of the required fees.
36 4 The bill requires an order or directive placing a
36 5 participant in the program to include the type of testing
36 6 required to be administered and the length of time that the
36 7 participant is required to remain in the program. At the
36 8 time of enrollment, a representative of the law enforcement
36 9 agency of a participating jurisdiction must enter the
36 10 participant's information into the data management system. The
36 11 representative of the agency must provide the participant with
36 12 the appropriate materials required by the program, inform the
36 13 participant that the participant's information may be shared
36 14 for law enforcement and reporting purposes, and provide the
36 15 participant with information related to the required testing,
36 16 procedures, and fees.
36 17 The bill provides that the law enforcement agency of a
36 18 participating jurisdiction must establish and maintain a
36 19 sobriety program account, and collect the required fees. The
36 20 law enforcement agency must distribute a portion of the fees to
36 21 any participating third=party designee in accordance with the
36 22 agreement between the agency and the third=party designee, and
36 23 the remainder of the fees collected must be deposited in the
36 24 participating jurisdiction's sobriety program account and must
36 25 be used only for the purposes of administering and operating
36 26 the program.
36 27 The bill requires allegations that a participant failed
36 28 a test, refused to submit to a test, or failed to appear
36 29 for testing to be communicated ex parte by the participating
36 30 jurisdiction, a law enforcement agency of the participating
36 31 jurisdiction, or the participating jurisdiction's third=party
36 32 designee to a magistrate as soon as practicable. A magistrate
36 33 who receives such a communication may order the participant's
36 34 immediate incarceration pending a hearing on the allegation
36 35 but lasting no longer than 24 hours after the issuance of the
37 1 order, or if the participant failed to appear for testing as
37 2 scheduled, the magistrate may issue a warrant for the arrest of
37 3 the participant for a violation of the terms of bond, pretrial
37 4 release, sentence, probation, or parole.
37 5 Upon the failure of a participant to submit to or pass a
37 6 test under the program, the court may notify the department
37 7 of transportation (DOT) of the participant's noncompliance
37 8 and direct the DOT to withdraw the participant's temporary
37 9 restricted license and reinstate the remainder of the license
37 10 suspension or revocation period.
37 11 The bill requires DPS to submit a report to the general
37 12 assembly detailing the effectiveness of the program and making
37 13 recommendations by December 1, 2021.
37 14 DIVISION II ==== OPERATING WHILE INTOXICATED. The bill
37 15 increases the look=back period for determining whether an
37 16 OWI offense is a first or a subsequent offense from 12 years
37 17 to 25 years. In addition, the bill requires an emblem to be
37 18 displayed on the back of a person's driver's license if the
37 19 person has been convicted of an OWI offense or has had the
37 20 person's driver's license revoked under Code chapter 321J.
37 21 For a first offense of OWI, the bill increases the driver's
37 22 license revocation period from 180 days to one year if the
37 23 person submitted to a chemical test, and from one year to two
37 24 years if the person refused a chemical test. For a second
37 25 offense of OWI, the bill increases the driver's license
37 26 revocation period from one year to two years if the person
37 27 submitted to a chemical test, and from two years to four years
37 28 if the person refused the chemical test. For a third offense
37 29 of OWI, the bill strikes the driver's license revocation period
37 30 of six years, requires the DOT to revoke a person's driver's
37 31 license permanently, and provides that such a person is not
37 32 eligible for a temporary restricted license. If a person
37 33 guilty of any OWI offense seriously injures or kills another
37 34 person, the bill also requires the DOT to revoke the person's
37 35 driver's license permanently and provides that such a person is
38 1 not eligible for a temporary restricted license.
38 2 Under Code section 321J.4B (motor vehicle impoundment or
38 3 immobilization), the bill removes from the definition of
38 4 "immobilized" the installation of an ignition interlock device
38 5 of a type approved by the commissioner of public safety. The
38 6 bill increases the penalty for an owner of a vehicle impounded
38 7 or immobilized, who knows of, should have known of, or gives
38 8 consent to the operation of the vehicle by a person with a
38 9 revoked driver's license due to an OWI violation from a simple
38 10 misdemeanor to a serious misdemeanor. A serious misdemeanor
38 11 is punishable by up to one year in prison and a fine of at
38 12 least $315 but not to exceed $1,875. The bill also increases
38 13 the minimum period of impoundment or immobilization from 180
38 14 days to one year. In addition, the bill provides that a person
38 15 who operates a vehicle with a revoked driver's license due to
38 16 a second or subsequent OWI violation must have the person's
38 17 vehicle seized and forfeited to the state. The bill also
38 18 updates certain references in Code chapter 809A (forfeiture
38 19 reform Act).
38 20 Under current law, a preliminary screening test is
38 21 prohibited from being used in any court action except to
38 22 prove that a chemical test was properly requested of a person
38 23 pursuant to Code chapter 321J. The bill specifies that the
38 24 results of a breath test administered after a preliminary
38 25 screening test by a certified operator using a portable breath
38 26 testing instrument may be used as evidence in any court action.
38 27 Current law provides for an expedited warrant procedure to
38 28 withdrawal a specimen of breath, urine, or blood for chemical
38 29 testing from a person involved in a traffic accident that
38 30 has resulted in a death or personal injury reasonably likely
38 31 to cause death, and there are reasonable grounds to believe
38 32 that one or more persons whose driving may have been the
38 33 proximate cause of the accident were operating a vehicle while
38 34 intoxicated. The bill applies the expedited warrant procedure
38 35 to any person who refuses a chemical test where the officer
39 1 has reasonable grounds to believe the person was operating a
39 2 vehicle while intoxicated.
39 3 Current law requires a person guilty of operating while
39 4 intoxicated (OWI) to install an ignition interlock device in
39 5 the person's vehicle if the person seeks a temporary restricted
39 6 license, unless the person's alcohol concentration was less
39 7 than .10 and no accident occurred. This bill strikes that
39 8 exception, and also requires a person guilty of OWI to install
39 9 an ignition interlock device in the person's vehicle upon the
39 10 revocation of the person's driver's license rather than upon
39 11 the person's application for a temporary restricted license.
39 12 Under current law, an ignition interlock device is required
39 13 to be installed in a person's vehicle for the period of time
39 14 for which the person's temporary restricted license is issued,
39 15 and up to one additional year after license reinstatement
39 16 if the person has two or more OWI revocations. The bill
39 17 requires the permanent installation of an ignition interlock
39 18 device with one exception. If an ignition interlock device
39 19 was installed in a vehicle as a result of a person's first
39 20 OWI offense or revocation, the device must be uninstalled two
39 21 years after the date the person's driver's license revocation
39 22 period ends, 180 days after the date the person last failed a
39 23 test or retest by the device, or 180 days after the date the
39 24 person last failed to maintain the device as required under DPS
39 25 rules, whichever is later. However, the bill provides that an
39 26 ignition interlock device installed in a vehicle must not be
39 27 uninstalled if the person has been convicted of tampering with
39 28 or circumventing an ignition interlock device.
39 29 The bill provides that a test failure using an ignition
39 30 interlock device must be reported by the device or an entity
39 31 monitoring the device to the DOT. The bill also provides that
39 32 upon revocation, and at such times as the DOT may require, a
39 33 person must certify to the DOT that the person has installed
39 34 an ignition interlock device in all vehicles owned or operated
39 35 by the person.
40 1 The bill requires the DOT to assess a monthly ignition
40 2 interlock user fee to each user of an ignition interlock
40 3 device. All ignition interlock user fees will be collected
40 4 by the DOT and deposited in an ignition interlock indigent
40 5 user fund (IIIUF). The bill requires the DOT to use the moneys
40 6 in the IIIUF to assist indigent users of ignition interlock
40 7 devices in paying for the use of the devices. The amount of
40 8 the monthly ignition interlock user fee shall be set by the DOT
40 9 so that the moneys in the IIIUF are sufficient to assist all
40 10 indigent users of ignition interlock devices in paying for the
40 11 use of the devices.
40 12 Under the bill, a person is indigent if the person has an
40 13 income level at or below 125 percent of the U.S. poverty level
40 14 and the person is unable to pay for the cost of an ignition
40 15 interlock device. A person is also indigent if the person has
40 16 an income level greater than 125 percent, but at or below 200
40 17 percent, of the U.S. poverty level and paying for the ignition
40 18 interlock device would cause the person substantial hardship.
40 19 The bill increases the punishment for a person who
40 20 unintentionally causes the death of another person by operating
40 21 a vehicle while intoxicated from up to 25 years in prison to
40 22 up to 50 years in prison. In addition, the bill increases
40 23 the punishment for a person who unintentionally causes
40 24 serious injury to another person by operating a vehicle while
40 25 intoxicated from a class "D" felony to a class "C" felony. A
40 26 class "C" felony is punishable by up to 10 years in prison
40 27 and a fine of at least $1,000 but not more than $10,000. By
40 28 operation of law, this prohibits a person who unintentionally
40 29 causes serious injury to another person by operating a vehicle
40 30 while intoxicated from being admitted to bail under Code
40 31 section 811.1.
40 32 DIVISION III == PERSONS INVOLVED IN THE SALE OF ALCOHOLIC
40 33 BEVERAGES. The bill prohibits a person holding a liquor
40 34 control license or wine or beer permit (licensee or permittee)
40 35 for on=premises consumption from selling, dispensing, or giving
41 1 another person any alcoholic liquor, wine, or beer, if the
41 2 person's driver's license is marked to reflect that the person
41 3 has been convicted of an OWI offense or has had the person's
41 4 driver's license revoked due to an OWI violation. By operation
41 5 of law, a violation of this provision is a simple misdemeanor
41 6 and is grounds for the suspension or revocation of the license
41 7 or permit of the licensee or permittee under Code section
41 8 321.50, and may result in a civil penalty not to exceed $1,000.
41 9 The bill requires a licensee or permittee with an employee
41 10 who has served alcohol to an intoxicated person in violation
41 11 of Code section 321.49 to submit to the alcoholic beverages
41 12 division of the department of commerce or a local authority
41 13 a plan and procedure for the licensee or permittee to obtain
41 14 transportation for intoxicated persons on the premises of a
41 15 licensee's or permittee's business from the business to the
41 16 intoxicated person's home. Failure to submit such a plan
41 17 and procedure to the satisfaction of the division or local
41 18 authority is grounds for the suspension or revocation of the
41 19 license or permit of the licensee or permittee, and may result
41 20 in a civil penalty not to exceed $1,000.
41 21 The bill also requires an employee or prospective employee
41 22 of a licensee or permittee to complete or re=complete an
41 23 alcohol compliance employee training program if the employee,
41 24 prospective employee, or another employee of the licensee or
41 25 permittee is convicted of serving alcohol to an intoxicated
41 26 person or to a person with a driver's license marked to reflect
41 27 that the person has been convicted of an OWI offense or has had
41 28 the person's driver's license revoked due to an OWI violation.
41 29 The bill requires the person to attend the next available
41 30 alcohol compliance employee training program taking place
41 31 within 100 miles of the licensee's or permittee's business.
LSB 1244YH (7) 87
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