Bill Text: IA SF2299 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act relating to Iowa's operating-while-intoxicated law and license revocations, temporary restricted licenses, and ignition interlock devices, and including applicability provisions. (Formerly SF 2103.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-04-07 - Message from Senate. H.J. 671. [SF2299 Detail]
Download: Iowa-2013-SF2299-Amended.html
Senate
File
2299
-
Reprinted
SENATE
FILE
2299
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2103)
(As
Amended
and
Passed
by
the
Senate
March
11,
2014
)
A
BILL
FOR
An
Act
relating
to
Iowa’s
operating-while-intoxicated
law
and
1
license
revocations,
temporary
restricted
licenses,
and
2
ignition
interlock
devices,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
SF
2299
(3)
85
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S.F.
2299
Section
1.
Section
321J.2,
subsection
3,
paragraph
c,
1
unnumbered
paragraph
1,
Code
2014,
is
amended
to
read
as
2
follows:
3
Assessment
of
a
fine
of
one
thousand
two
hundred
fifty
4
dollars.
However,
in
the
discretion
of
the
court,
if
no
5
personal
or
property
injury
has
resulted
from
the
defendant’s
6
actions,
the
court
may
shall
waive
up
to
six
hundred
7
twenty-five
dollars
of
the
fine
when
the
defendant
presents
to
8
the
court
at
the
end
of
the
minimum
period
of
ineligibility
9
a
temporary
restricted
license
issued
pursuant
to
section
10
321J.20
.
11
Sec.
2.
Section
321J.2,
subsection
3,
paragraph
d,
Code
12
2014,
is
amended
by
striking
the
paragraph.
13
Sec.
3.
Section
321J.2,
subsection
4,
paragraph
c,
Code
14
2014,
is
amended
by
striking
the
paragraph.
15
Sec.
4.
Section
321J.2,
subsection
5,
paragraph
c,
Code
16
2014,
is
amended
by
striking
the
paragraph.
17
Sec.
5.
Section
321J.4,
Code
2014,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
321J.4
Revocation
of
license
——
ignition
interlock
devices
——
20
conditional
temporary
restricted
license.
21
1.
Revocation.
If
a
defendant
is
convicted
of
a
violation
22
of
section
321J.2,
the
defendant’s
driver’s
license
or
23
nonresident
operating
privileges
shall
be
revoked
as
follows:
24
a.
First
offense.
If
the
defendant
has
had
no
previous
25
conviction
or
revocation
under
this
chapter
and
the
defendant’s
26
driver’s
license
or
nonresident
operating
privilege
has
not
27
been
revoked
under
section
321J.9
or
321J.12
for
the
occurrence
28
from
which
the
arrest
arose,
the
department
shall
revoke
the
29
defendant’s
driver’s
license
or
nonresident
operating
privilege
30
for
the
following
periods
of
time:
31
(1)
Test
result.
One
hundred
eighty
days
if
the
defendant
32
submitted
to
chemical
testing.
33
(2)
Refusal
to
submit.
One
year
if
the
defendant
refused
34
to
submit
to
chemical
testing.
35
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b.
Second
offense.
If
the
defendant
has
had
a
previous
1
conviction
or
revocation
under
this
chapter
and
the
defendant’s
2
driver’s
license
or
nonresident
operating
privilege
has
not
3
been
revoked
under
section
321J.9
or
321J.12
for
the
occurrence
4
from
which
the
arrest
arose,
the
department
shall
revoke
the
5
defendant’s
driver’s
license
or
nonresident
operating
privilege
6
for
the
following
periods
of
time:
7
(1)
Test
result.
One
year
if
the
defendant
submitted
to
8
chemical
testing.
9
(2)
Refusal
to
submit.
Two
years
if
the
defendant
refused
10
to
submit
to
chemical
testing.
11
c.
Third
or
subsequent
offense.
Upon
a
plea
or
verdict
12
of
guilty
of
a
third
or
subsequent
violation
of
section
13
321J.2,
the
department
shall
revoke
the
defendant’s
driver’s
14
license
or
nonresident
operating
privilege
for
a
period
of
six
15
years.
The
defendant
shall
not
be
eligible
for
a
temporary
16
restricted
license
for
one
year
after
the
effective
date
of
the
17
revocation.
18
d.
Offense
involving
personal
injury.
Upon
a
plea
or
19
verdict
of
guilty
of
a
violation
of
section
321J.2
which
20
involved
a
personal
injury,
the
court
shall
determine
in
open
21
court,
from
consideration
of
the
information
in
the
file
and
22
any
other
evidence
the
parties
may
submit,
whether
a
serious
23
injury
was
sustained
by
any
person
other
than
the
defendant
24
and,
if
so,
whether
the
defendant’s
conduct
in
violation
of
25
section
321J.2
caused
the
serious
injury.
If
the
court
so
26
determines,
the
court
shall
order
the
department
to
revoke
the
27
defendant’s
driver’s
license
or
nonresident
operating
privilege
28
for
a
period
of
one
year
in
addition
to
any
other
period
of
29
suspension
or
revocation.
The
defendant
shall
surrender
to
the
30
court
any
Iowa
license
or
permit
and
the
court
shall
forward
it
31
to
the
department
with
a
copy
of
the
order
for
revocation.
32
e.
Offense
involving
a
death.
Upon
a
plea
or
verdict
of
33
guilty
of
a
violation
of
section
321J.2
which
involved
a
death,
34
the
court
shall
determine
in
open
court,
from
consideration
of
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the
information
in
the
file
and
any
other
evidence
the
parties
1
may
submit,
whether
a
death
occurred
and,
if
so,
whether
the
2
defendant’s
conduct
in
violation
of
section
321J.2
caused
the
3
death.
If
the
court
so
determines,
the
court
shall
order
4
the
department
to
revoke
the
defendant’s
driver’s
license
or
5
nonresident
operating
privilege
for
a
period
of
six
years.
The
6
defendant
shall
not
be
eligible
for
any
temporary
restricted
7
license
for
at
least
two
years
after
the
revocation.
The
8
defendant
shall
surrender
to
the
court
any
Iowa
license
or
9
permit
and
the
court
shall
forward
it
to
the
department
with
a
10
copy
of
the
order
for
revocation.
11
2.
Revocation
or
denial
period.
If
a
license
or
permit
12
to
operate
a
motor
vehicle
is
revoked
or
denied
under
this
13
section
or
section
321J.9
or
321J.12,
the
period
of
revocation
14
or
denial
shall
be
the
period
provided
for
such
a
revocation
15
or
until
the
defendant
reaches
the
age
of
eighteen
whichever
16
period
is
longer.
17
3.
Ignition
interlock
device.
18
a.
Upon
a
conviction
for
or
as
a
condition
of
a
deferred
19
judgment
for
a
violation
of
section
321J.2,
the
court
may
20
order
the
defendant
to
install
ignition
interlock
devices
21
of
a
type
approved
by
the
commissioner
of
public
safety
on
22
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
23
without
tampering
or
the
intervention
of
another
person,
would
24
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
25
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
26
commissioner
of
public
safety.
27
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
28
approve
certain
ignition
interlock
devices
and
the
means
of
29
installation
of
the
devices,
and
shall
establish
the
level
of
30
alcohol
concentration
beyond
which
an
ignition
interlock
device
31
will
not
allow
operation
of
the
motor
vehicle
in
which
it
is
32
installed.
33
c.
The
order
to
install
ignition
interlock
devices
shall
34
remain
in
effect
for
a
period
of
time
as
determined
by
the
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court
which
shall
not
exceed
the
maximum
term
of
imprisonment
1
which
the
court
could
have
imposed
according
to
the
nature
of
2
the
violation.
While
the
order
is
in
effect,
the
defendant
3
shall
not
operate
a
motor
vehicle
which
does
not
have
an
4
approved
ignition
interlock
device
installed.
This
may
be
in
5
addition
to
any
period
of
time
the
defendant
is
required
to
6
install
and
maintain
an
approved
ignition
interlock
device
7
under
section
321J.17
or
321J.20.
8
d.
If
the
defendant’s
driver’s
license
or
nonresident
9
operating
privilege
has
been
revoked,
the
department
shall
not
10
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
11
without
certification
that
approved
ignition
interlock
devices
12
have
been
installed
in
all
motor
vehicles
owned
or
operated
by
13
the
defendant
while
the
order
is
in
effect.
14
e.
A
defendant
who
fails
within
a
reasonable
time
to
comply
15
with
an
order
to
install
an
approved
ignition
interlock
device
16
may
be
declared
in
contempt
of
court
and
punished
accordingly.
17
f.
A
person
who
tampers
with
or
circumvents
an
ignition
18
interlock
device
installed
under
a
court
order
while
an
order
19
is
in
effect
commits
a
serious
misdemeanor.
20
Sec.
6.
Section
321J.9,
subsection
1,
paragraphs
a
and
b,
21
Code
2014,
are
amended
to
read
as
follows:
22
a.
First
offense.
One
year
if
the
person
has
no
previous
23
revocation
under
this
chapter
;
and
.
24
b.
Second
or
subsequent
offense.
Two
years
if
the
person
25
has
had
a
previous
revocation
under
this
chapter
.
26
Sec.
7.
Section
321J.9,
subsection
2,
Code
2014,
is
amended
27
by
striking
the
subsection.
28
Sec.
8.
Section
321J.12,
subsection
1,
paragraphs
a
and
b,
29
Code
2014,
are
amended
to
read
as
follows:
30
a.
First
offense.
One
hundred
eighty
days
if
the
person
has
31
had
no
previous
revocation
under
this
chapter
.
32
b.
Second
or
subsequent
offense.
One
year
if
the
person
has
33
had
a
previous
revocation
under
this
chapter
.
34
Sec.
9.
Section
321J.12,
subsection
2,
Code
2014,
is
amended
35
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by
striking
the
subsection.
1
Sec.
10.
Section
321J.12,
subsection
5,
Code
2014,
is
2
amended
to
read
as
follows:
3
5.
Upon
certification,
subject
to
penalty
of
perjury,
by
the
4
peace
officer
that
there
existed
reasonable
grounds
to
believe
5
that
the
person
had
been
operating
a
motor
vehicle
in
violation
6
of
section
321J.2A
,
that
there
existed
one
or
more
of
the
7
necessary
conditions
for
chemical
testing
described
in
section
8
321J.6,
subsection
1
,
and
that
the
person
submitted
to
chemical
9
testing
and
the
test
results
indicated
an
alcohol
concentration
10
of
.02
or
more
but
less
than
.08,
the
department
shall
revoke
11
the
person’s
driver’s
license
or
operating
privilege
for
a
12
period
of
sixty
the
following
periods
of
time:
13
a.
First
offense.
Sixty
days
if
the
person
has
had
no
14
previous
revocation
under
this
chapter
,
and
for
a
period
of
15
ninety
.
16
b.
Second
or
subsequent
offense.
Ninety
days
if
the
person
17
has
had
a
previous
revocation
under
this
chapter
.
18
Sec.
11.
Section
321J.17,
subsection
1,
Code
2014,
is
19
amended
to
read
as
follows:
20
1.
If
the
department
revokes
a
person’s
driver’s
license
21
or
nonresident
operating
privilege
under
this
chapter
,
the
22
department
shall
assess
the
person
a
civil
penalty
of
two
23
hundred
dollars.
The
money
collected
by
the
department
under
24
this
section
shall
be
transmitted
to
the
treasurer
of
state
25
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
26
established
in
section
915.94
and
one-half
of
the
money
in
the
27
general
fund
of
the
state.
A
temporary
restricted
license
28
shall
not
be
issued
unless
an
ignition
interlock
device
has
29
been
installed
pursuant
to
section
321J.4
.
Except
as
provided
30
in
section
321.210B
,
a
temporary
restricted
license
shall
31
not
be
issued
or
a
driver’s
license
or
nonresident
operating
32
privilege
reinstated
until
the
civil
penalty
has
been
paid.
33
A
person
assessed
a
penalty
under
this
section
may
remit
the
34
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
a
35
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county
treasurer
authorized
to
issue
driver’s
licenses
under
1
chapter
321M
,
or
the
civil
penalty
may
be
paid
directly
to
the
2
department.
3
Sec.
12.
Section
321J.17,
subsection
3,
Code
2014,
is
4
amended
to
read
as
follows:
5
3.
a.
The
department
shall
also
require
certification
of
6
installation
of
an
ignition
interlock
device
of
a
type
approved
7
by
the
commissioner
of
public
safety
on
all
motor
vehicles
8
owned
or
operated
by
any
person
seeking
reinstatement
following
9
a
second
or
subsequent
revocation
under
section
321J.4
,
321J.9
,
10
or
321J.12
.
The
Unless
a
longer
period
of
time
is
required
by
11
statute,
the
requirement
for
the
installation
of
an
approved
12
ignition
interlock
device
shall
be
for
one
year
from
the
date
13
of
reinstatement
unless
a
longer
time
period
is
required
by
14
statute.
The
one-year
period
a
person
is
required
to
maintain
15
an
ignition
interlock
device
under
this
subsection
shall
be
16
reduced
by
any
period
of
time
the
person
held
a
valid
temporary
17
restricted
license
during
the
revocation
for
the
occurrence
18
from
which
the
arrest
arose.
The
person
shall
not
operate
any
19
motor
vehicle
which
is
not
equipped
with
an
approved
ignition
20
interlock
device
during
the
period
in
which
an
ignition
21
interlock
device
must
be
maintained,
and
the
department
22
shall
not
grant
reinstatement
unless
the
person
certifies
23
installation
of
an
ignition
interlock
device
as
required
in
24
this
subsection
.
the
following
periods
of
time:
25
(1)
First
offense.
At
least
six
months
from
the
date
of
26
reinstatement
if
the
person
has
had
no
previous
revocation
27
under
this
chapter,
if
any
of
the
following
apply:
28
(a)
The
person
submitted
to
testing
and
had
an
alcohol
29
concentration
of
.08
or
more
but
not
more
than
.15
and
an
30
accident
resulting
in
personal
injury
or
property
damage
31
occurred.
32
(b)
The
person
submitted
to
testing
and
had
an
alcohol
33
concentration
of
.15
or
more.
34
(c)
The
person
refused
to
consent
to
testing
in
accordance
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with
section
321J.6.
1
(2)
Second
or
subsequent
offense.
At
least
one
year
from
2
the
date
of
reinstatement
if
the
person
has
had
a
previous
3
revocation
under
this
chapter.
4
(3)
Offense
involving
a
death.
At
least
one
year
from
the
5
date
of
reinstatement
if
the
person
is
seeking
reinstatement
6
following
a
revocation
under
section
321J.4,
subsection
1,
7
paragraph
“e”
,
for
an
offense
involving
a
death,
regardless
of
8
whether
the
person
has
had
a
previous
revocation
under
this
9
chapter.
10
b.
The
period
a
person
is
required
to
maintain
an
ignition
11
interlock
device
under
this
subsection
shall
be
reduced
by
any
12
period
of
time
the
person
held
a
valid
temporary
restricted
13
license
during
the
revocation
for
the
occurrence
from
which
14
the
arrest
arose,
subject
to
any
additional
time
required
15
pursuant
to
subsection
4.
The
person
shall
not
operate
any
16
motor
vehicle
which
is
not
equipped
with
an
approved
ignition
17
interlock
device
during
the
period
in
which
an
ignition
18
interlock
device
must
be
maintained,
and
the
department
19
shall
not
grant
reinstatement
unless
the
person
certifies
20
installation
of
an
ignition
interlock
device
as
required
in
21
this
subsection.
22
Sec.
13.
Section
321J.17,
Code
2014,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
4.
a.
The
department
shall
adopt
rules
25
pursuant
to
chapter
17A
requiring
a
provider
of
an
approved
26
ignition
interlock
device
to
submit
electronic
reports
to
the
27
department
regarding
the
installation,
maintenance,
and
use
28
of
an
approved
ignition
interlock
device
of
a
type
approved
29
by
the
commissioner
of
public
safety
on
all
motor
vehicles
30
owned
or
operated
by
the
person
seeking
reinstatement
including
31
instances
of
tampering,
circumvention,
or
removal
of
the
32
ignition
interlock
device.
The
reports
shall
include
but
not
33
be
limited
to
results
indicating
that
the
ignition
interlock
34
device
had
detected
a
level
of
alcohol
concentration
beyond
35
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which
the
ignition
interlock
device
will
not
allow
operation
of
1
the
motor
vehicle
in
which
it
is
installed.
2
b.
Notwithstanding
the
provisions
of
subsection
3,
a
person
3
seeking
reinstatement
following
a
revocation
under
section
4
321J.4,
321J.9,
or
321J.12
shall
install
and
maintain
an
5
approved
ignition
interlock
device
of
a
type
approved
by
the
6
commissioner
of
public
safety
on
all
motor
vehicles
owned
or
7
operated
by
the
person
seeking
reinstatement
until
the
results
8
reported
to
the
department
pursuant
to
paragraph
“a”
indicate
9
all
of
the
following:
10
(1)
The
person
has
adequately
maintained
and
used
any
11
required
ignition
interlock
device.
12
(2)
For
the
three-month
period
immediately
preceding
the
13
person’s
application
to
remove
the
ignition
interlock
device
14
or
to
remove
any
ignition
interlock
device
restriction
on
the
15
person’s
driver’s
license,
the
person
has
not
had
an
event
in
16
which
the
ignition
interlock
device
detected
a
level
of
alcohol
17
concentration
beyond
which
the
ignition
interlock
device
would
18
not
allow
the
operation
of
the
motor
vehicle
in
which
it
is
19
installed.
20
c.
The
time
periods
in
subsection
3
shall
be
extended
21
indefinitely
until
the
person
completes
at
least
a
three-month
22
period
free
from
events
in
which
a
required
ignition
interlock
23
device
detected
a
level
of
alcohol
concentration
beyond
which
24
the
ignition
interlock
device
would
not
allow
the
operation
of
25
the
motor
vehicle
in
which
it
is
installed.
26
d.
For
purposes
of
paragraphs
“b”
and
“c”
,
an
27
“event”
means
an
attempt
to
start
a
motor
vehicle
in
which
28
an
ignition
interlock
device
is
installed
with
a
breath
29
alcohol
concentration
of
.04
or
above
three
times
within
a
30
fifteen-minute
period.
31
Sec.
14.
NEW
SECTION
.
321J.17A
Ignition
interlock
device
32
providers
——
low-income
rate
costs.
33
An
approved
ignition
interlock
device
provider
shall
not
34
charge
more
than
two
hundred
fifty
dollars
for
costs
associated
35
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with
the
installation,
maintenance,
and
removal
of
an
approved
1
ignition
interlock
device
for
a
six-month
period
to
any
of
the
2
following
persons:
3
1.
A
person
with
an
income
equal
to
or
less
than
one
hundred
4
fifty
percent
of
the
federal
poverty
level.
5
2.
A
person
who
qualifies
for
programs
supporting
6
low-income
persons
including
but
not
limited
to
the
medical
7
assistance
program,
the
Iowa
health
and
wellness
plan,
8
the
federal
food
assistance
programs,
and
any
other
state
9
or
federal
benefit
assistance
program
administered
by
the
10
department
of
human
services.
11
Sec.
15.
Section
321J.20,
Code
2014,
is
amended
to
read
as
12
follows:
13
321J.20
Temporary
restricted
license
——
ignition
interlock
14
devices.
15
1.
a.
The
department
may,
on
application,
issue
a
temporary
16
restricted
license
to
a
person
whose
noncommercial
driver’s
17
license
is
revoked
under
this
chapter
allowing
the
person
to
18
drive
to
and
from
the
person’s
home
and
specified
places
at
19
specified
times
which
can
be
verified
by
the
department
and
20
which
are
required
by
the
person’s
full-time
or
part-time
21
employment,
continuing
health
care
or
the
continuing
health
22
care
of
another
who
is
dependent
upon
the
person,
continuing
23
education
while
enrolled
in
an
educational
institution
on
a
24
part-time
or
full-time
basis
and
while
pursuing
a
course
of
25
study
leading
to
a
diploma,
degree,
or
other
certification
of
26
successful
educational
completion,
substance
abuse
treatment,
27
court-ordered
community
service
responsibilities,
and
28
appointments
with
the
person’s
parole
or
probation
officer
if
29
the
person’s
driver’s
license
has
not
been
revoked
previously
30
under
section
321J.4
,
321J.9
,
or
321J.12
and
for
any
lawful
31
purpose
if
any
of
the
following
apply:
32
(1)
The
person’s
noncommercial
driver’s
license
is
revoked
33
under
section
321J.4
and
the
minimum
period
of
ineligibility
34
for
issuance
of
a
temporary
restricted
license
has
expired.
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This
subsection
shall
not
apply
to
a
revocation
ordered
under
1
section
321J.4
resulting
from
a
plea
or
verdict
of
guilty
of
a
2
violation
of
section
321J.2
that
involved
a
death
except
for
a
3
revocation
under
section
321J.4,
subsection
1,
paragraph
“c”
4
or
“e”
.
5
(2)
The
person’s
noncommercial
driver’s
license
is
revoked
6
under
section
321J.9
and
the
person
has
entered
a
plea
of
7
guilty
on
a
charge
of
a
violation
of
section
321J.2
which
8
arose
from
the
same
set
of
circumstances
which
resulted
in
9
the
person’s
driver’s
license
revocation
under
section
321J.9
10
and
the
guilty
plea
is
not
withdrawn
at
the
time
of
or
after
11
application
for
the
temporary
restricted
license,
and
the
12
minimum
period
of
ineligibility
for
issuance
of
a
temporary
13
restricted
license
has
expired
.
14
(3)
The
person’s
noncommercial
driver’s
license
is
revoked
15
under
section
321J.12
,
and
the
minimum
period
of
ineligibility
16
for
issuance
of
a
temporary
restricted
license
has
expired
.
17
b.
A
temporary
restricted
license
may
be
issued
under
this
18
subsection
if
the
person’s
noncommercial
driver’s
license
is
19
revoked
for
two
years
under
section
321J.4,
subsection
2
,
or
20
section
321J.9,
subsection
1
,
paragraph
“b”
,
and
the
first
three
21
hundred
sixty-five
days
of
the
revocation
have
expired.
22
c.
b.
This
subsection
does
not
apply
to
a
person
whose
23
license
was
revoked
under
section
321J.2A
or
section
321J.4,
24
subsection
4
or
6
,
or
to
a
person
whose
license
is
suspended
or
25
revoked
for
another
reason.
26
d.
Following
the
applicable
minimum
period
of
ineligibility,
27
a
temporary
restricted
license
under
this
subsection
shall
28
not
be
issued
until
the
applicant
installs
an
ignition
29
interlock
device
of
a
type
approved
by
the
commissioner
of
30
public
safety
on
all
motor
vehicles
owned
or
operated
by
the
31
applicant
in
accordance
with
section
321J.2
,
321J.4
,
321J.9
,
32
or
321J.12
.
Installation
of
an
ignition
interlock
device
33
under
this
subsection
shall
be
required
for
the
period
of
time
34
for
which
the
temporary
restricted
license
is
issued
and
for
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such
additional
period
of
time
following
reinstatement
as
is
1
required
under
section
321J.17,
subsection
3
.
2
2.
a.
Notwithstanding
section
321.560
,
the
department
may,
3
on
application,
and
upon
the
expiration
of
the
minimum
period
4
of
ineligibility
for
a
temporary
restricted
license
provided
5
for
under
section
321.560
,
321J.4
,
321J.9
,
or
321J.12
,
issue
a
6
temporary
restricted
license
to
a
person
whose
noncommercial
7
driver’s
license
has
either
been
revoked
under
this
chapter
,
or
8
revoked
or
suspended
under
chapter
321
solely
for
violations
9
of
this
chapter
,
or
who
has
been
determined
to
be
a
habitual
10
offender
under
chapter
321
based
solely
on
violations
of
11
this
chapter
or
on
violations
listed
in
section
321.560,
12
subsection
1
,
paragraph
“b”
,
and
who
is
not
eligible
for
a
13
temporary
restricted
license
under
subsection
1
.
However,
14
the
department
may
not
issue
a
temporary
restricted
license
15
under
this
subsection
for
a
violation
of
section
321J.2A
or
16
to
a
person
under
the
age
of
twenty-one
whose
license
is
17
revoked
under
section
321J.4
,
321J.9
,
or
321J.12
.
A
temporary
18
restricted
license
issued
under
this
subsection
may
allow
the
19
person
to
drive
to
and
from
the
person’s
home
and
specified
20
places
at
specified
times
which
can
be
verified
by
the
21
department
and
which
are
required
by
the
person’s
full-time
or
22
part-time
employment;
continuing
education
while
enrolled
in
an
23
educational
institution
on
a
part-time
or
full-time
basis
and
24
while
pursuing
a
course
of
study
leading
to
a
diploma,
degree,
25
or
other
certification
of
successful
educational
completion;
26
or
substance
abuse
treatment.
27
3.
The
department
shall
not
issue
a
temporary
restricted
28
license
under
this
section
until
any
applicable
minimum
29
period
of
ineligibility
for
a
temporary
restricted
license
has
30
expired.
If
the
applicant
is
under
the
age
of
twenty-one,
the
31
applicant
shall
not
be
eligible
for
a
temporary
restricted
32
license
for
at
least
sixty
days
after
the
effective
date
of
33
revocation
or
suspension.
34
b.
4.
A
The
department
shall
not
issue
a
temporary
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restricted
license
issued
under
this
subsection
shall
1
not
be
issued
section
until
the
applicant
installs
an
2
approved
ignition
interlock
device
of
a
type
approved
by
the
3
commissioner
of
public
safety
on
all
motor
vehicles
owned
4
or
operated
by
the
applicant.
Installation
of
an
ignition
5
interlock
device
under
this
subsection
section
shall
be
6
required
for
the
period
of
time
for
which
the
temporary
7
restricted
license
is
issued,
and
for
such
additional
period
8
of
time
following
reinstatement
as
is
required
under
section
9
321J.17,
subsection
subsections
3
and
4
.
However,
a
person
10
whose
driver’s
license
or
nonresident
operating
privilege
has
11
been
revoked
under
section
321J.21
may
apply
to
the
department
12
for
a
temporary
restricted
license
without
the
requirement
of
13
an
ignition
interlock
device
if
at
least
twelve
years
have
14
elapsed
since
the
end
of
the
underlying
revocation
period
for
15
a
violation
of
section
321J.2
.
16
3.
5.
If
a
person
required
to
install
an
ignition
interlock
17
device
operates
a
motor
vehicle
which
does
not
have
an
approved
18
ignition
interlock
device
or
if
the
person
tampers
with
or
19
circumvents
an
ignition
interlock
device,
in
addition
to
other
20
penalties
provided,
the
person’s
temporary
restricted
license
21
shall
be
revoked.
22
4.
6.
A
person
holding
a
temporary
restricted
license
23
issued
by
the
department
under
this
section
subsection
2
shall
24
not
operate
a
motor
vehicle
for
pleasure.
25
5.
7.
A
person
holding
a
temporary
restricted
license
26
issued
by
the
department
under
this
section
shall
not
operate
27
a
commercial
motor
vehicle
on
a
highway
if
a
commercial
28
driver’s
license
is
required
for
the
person’s
operation
of
the
29
commercial
motor
vehicle.
30
6.
8.
A
person
holding
a
temporary
license
issued
by
the
31
department
under
this
chapter
section
shall
be
prohibited
from
32
operating
not
operate
a
school
bus.
33
7.
9.
Notwithstanding
any
provision
of
this
chapter
to
34
the
contrary,
the
department
may
issue
a
temporary
restricted
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license
to
a
person
otherwise
eligible
for
a
temporary
1
restricted
license
under
this
section
,
whose
period
of
2
revocation
under
this
chapter
has
expired,
but
who
has
not
met
3
all
requirements
for
reinstatement
of
the
person’s
driver’s
4
license
or
nonresident
operating
privileges.
5
8.
10.
A
person
who
tampers
with
or
circumvents
an
ignition
6
interlock
device
installed
as
required
in
this
chapter
and
7
while
the
requirement
for
the
ignition
interlock
device
is
in
8
effect
commits
a
serious
misdemeanor.
9
Sec.
16.
APPLICABILITY.
The
provision
of
this
Act
enacting
10
section
321J.17,
subsection
3,
paragraph
“a”,
subparagraph
(1),
11
applies
to
violations
committed
on
or
after
July
1,
2014.
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