Bill Text: IA SF2299 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Senate
File
2299
-
Introduced
SENATE
FILE
2299
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2103)
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.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5315SV
(1)
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rh/nh
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2299
Section
1.
Section
321J.2,
subsection
3,
paragraph
d,
Code
1
2014,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
321J.2,
subsection
4,
paragraph
c,
Code
3
2014,
is
amended
by
striking
the
paragraph.
4
Sec.
3.
Section
321J.2,
subsection
5,
paragraph
c,
Code
5
2014,
is
amended
by
striking
the
paragraph.
6
Sec.
4.
Section
321J.4,
Code
2014,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
321J.4
Revocation
of
license
——
ignition
interlock
devices
——
9
conditional
temporary
restricted
license.
10
1.
Revocation.
If
a
defendant
is
convicted
of
a
violation
11
of
section
321J.2,
the
defendant’s
driver’s
license
or
12
nonresident
operating
privileges
shall
be
revoked
as
follows:
13
a.
First
offense.
If
the
defendant
has
had
no
previous
14
conviction
or
revocation
under
this
chapter
and
the
defendant’s
15
driver’s
license
or
nonresident
operating
privilege
has
not
16
been
revoked
under
section
321J.9
or
321J.12
for
the
occurrence
17
from
which
the
arrest
arose,
the
department
shall
revoke
the
18
defendant’s
driver’s
license
or
nonresident
operating
privilege
19
for
the
following
periods
of
time:
20
(1)
Test
result.
One
hundred
eighty
days
if
the
defendant
21
submitted
to
chemical
testing.
22
(2)
Refusal
to
submit.
One
year
if
the
defendant
refused
23
to
submit
to
chemical
testing.
24
b.
Second
offense.
If
the
defendant
has
had
a
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
year
if
the
defendant
submitted
to
32
chemical
testing.
33
(2)
Refusal
to
submit.
Two
years
if
the
defendant
refused
34
to
submit
to
chemical
testing.
35
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c.
Third
or
subsequent
offense.
Upon
a
plea
or
verdict
1
of
guilty
of
a
third
or
subsequent
violation
of
section
2
321J.2,
the
department
shall
revoke
the
defendant’s
driver’s
3
license
or
nonresident
operating
privilege
for
a
period
of
six
4
years.
The
defendant
shall
not
be
eligible
for
a
temporary
5
restricted
license
for
one
year
after
the
effective
date
of
the
6
revocation.
7
d.
Offense
involving
personal
injury.
Upon
a
plea
or
8
verdict
of
guilty
of
a
violation
of
section
321J.2
which
9
involved
a
personal
injury,
the
court
shall
determine
in
open
10
court,
from
consideration
of
the
information
in
the
file
and
11
any
other
evidence
the
parties
may
submit,
whether
a
serious
12
injury
was
sustained
by
any
person
other
than
the
defendant
13
and,
if
so,
whether
the
defendant’s
conduct
in
violation
of
14
section
321J.2
caused
the
serious
injury.
If
the
court
so
15
determines,
the
court
shall
order
the
department
to
revoke
the
16
defendant’s
driver’s
license
or
nonresident
operating
privilege
17
for
a
period
of
one
year
in
addition
to
any
other
period
of
18
suspension
or
revocation.
The
defendant
shall
surrender
to
the
19
court
any
Iowa
license
or
permit
and
the
court
shall
forward
it
20
to
the
department
with
a
copy
of
the
order
for
revocation.
21
e.
Offense
involving
a
death.
Upon
a
plea
or
verdict
of
22
guilty
of
a
violation
of
section
321J.2
which
involved
a
death,
23
the
court
shall
determine
in
open
court,
from
consideration
of
24
the
information
in
the
file
and
any
other
evidence
the
parties
25
may
submit,
whether
a
death
occurred
and,
if
so,
whether
the
26
defendant’s
conduct
in
violation
of
section
321J.2
caused
the
27
death.
If
the
court
so
determines,
the
court
shall
order
28
the
department
to
revoke
the
defendant’s
driver’s
license
or
29
nonresident
operating
privilege
for
a
period
of
six
years.
The
30
defendant
shall
not
be
eligible
for
any
temporary
restricted
31
license
for
at
least
two
years
after
the
revocation.
The
32
defendant
shall
surrender
to
the
court
any
Iowa
license
or
33
permit
and
the
court
shall
forward
it
to
the
department
with
a
34
copy
of
the
order
for
revocation.
35
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2.
Revocation
or
denial
period.
If
a
license
or
permit
1
to
operate
a
motor
vehicle
is
revoked
or
denied
under
this
2
section
or
section
321J.9
or
321J.12,
the
period
of
revocation
3
or
denial
shall
be
the
period
provided
for
such
a
revocation
4
or
until
the
defendant
reaches
the
age
of
eighteen
whichever
5
period
is
longer.
6
3.
Ignition
interlock
device.
7
a.
Upon
a
conviction
for
or
as
a
condition
of
a
deferred
8
judgment
for
a
violation
of
section
321J.2,
the
court
may
9
order
the
defendant
to
install
ignition
interlock
devices
10
of
a
type
approved
by
the
commissioner
of
public
safety
on
11
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
12
without
tampering
or
the
intervention
of
another
person,
would
13
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
14
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
15
commissioner
of
public
safety.
16
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
17
approve
certain
ignition
interlock
devices
and
the
means
of
18
installation
of
the
devices,
and
shall
establish
the
level
of
19
alcohol
concentration
beyond
which
an
ignition
interlock
device
20
will
not
allow
operation
of
the
motor
vehicle
in
which
it
is
21
installed.
22
c.
The
order
to
install
ignition
interlock
devices
shall
23
remain
in
effect
for
a
period
of
time
as
determined
by
the
24
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
25
which
the
court
could
have
imposed
according
to
the
nature
of
26
the
violation.
While
the
order
is
in
effect,
the
defendant
27
shall
not
operate
a
motor
vehicle
which
does
not
have
an
28
approved
ignition
interlock
device
installed.
This
may
be
in
29
addition
to
any
period
of
time
the
defendant
is
required
to
30
install
and
maintain
an
approved
ignition
interlock
device
31
under
section
321J.17
or
321J.20.
32
d.
If
the
defendant’s
driver’s
license
or
nonresident
33
operating
privilege
has
been
revoked,
the
department
shall
not
34
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
35
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2299
without
certification
that
approved
ignition
interlock
devices
1
have
been
installed
in
all
motor
vehicles
owned
or
operated
by
2
the
defendant
while
the
order
is
in
effect.
3
e.
A
defendant
who
fails
within
a
reasonable
time
to
comply
4
with
an
order
to
install
an
approved
ignition
interlock
device
5
may
be
declared
in
contempt
of
court
and
punished
accordingly.
6
f.
A
person
who
tampers
with
or
circumvents
an
ignition
7
interlock
device
installed
under
a
court
order
while
an
order
8
is
in
effect
commits
a
serious
misdemeanor.
9
Sec.
5.
Section
321J.9,
subsection
1,
paragraphs
a
and
b,
10
Code
2014,
are
amended
to
read
as
follows:
11
a.
First
offense.
One
year
if
the
person
has
no
previous
12
revocation
under
this
chapter
;
and
.
13
b.
Second
or
subsequent
offense.
Two
years
if
the
person
14
has
had
a
previous
revocation
under
this
chapter
.
15
Sec.
6.
Section
321J.9,
subsection
2,
Code
2014,
is
amended
16
by
striking
the
subsection.
17
Sec.
7.
Section
321J.12,
subsection
1,
paragraphs
a
and
b,
18
Code
2014,
are
amended
to
read
as
follows:
19
a.
First
offense.
One
hundred
eighty
days
if
the
person
has
20
had
no
previous
revocation
under
this
chapter
.
21
b.
Second
or
subsequent
offense.
One
year
if
the
person
has
22
had
a
previous
revocation
under
this
chapter
.
23
Sec.
8.
Section
321J.12,
subsection
2,
Code
2014,
is
amended
24
by
striking
the
subsection.
25
Sec.
9.
Section
321J.12,
subsection
5,
Code
2014,
is
amended
26
to
read
as
follows:
27
5.
Upon
certification,
subject
to
penalty
of
perjury,
by
the
28
peace
officer
that
there
existed
reasonable
grounds
to
believe
29
that
the
person
had
been
operating
a
motor
vehicle
in
violation
30
of
section
321J.2A
,
that
there
existed
one
or
more
of
the
31
necessary
conditions
for
chemical
testing
described
in
section
32
321J.6,
subsection
1
,
and
that
the
person
submitted
to
chemical
33
testing
and
the
test
results
indicated
an
alcohol
concentration
34
of
.02
or
more
but
less
than
.08,
the
department
shall
revoke
35
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2299
the
person’s
driver’s
license
or
operating
privilege
for
a
1
period
of
sixty
the
following
periods
of
time:
2
a.
First
offense.
Sixty
days
if
the
person
has
had
no
3
previous
revocation
under
this
chapter
,
and
for
a
period
of
4
ninety
.
5
b.
Second
or
subsequent
offense.
Ninety
days
if
the
person
6
has
had
a
previous
revocation
under
this
chapter
.
7
Sec.
10.
Section
321J.17,
subsection
1,
Code
2014,
is
8
amended
to
read
as
follows:
9
1.
If
the
department
revokes
a
person’s
driver’s
license
10
or
nonresident
operating
privilege
under
this
chapter
,
the
11
department
shall
assess
the
person
a
civil
penalty
of
two
12
hundred
dollars.
The
money
collected
by
the
department
under
13
this
section
shall
be
transmitted
to
the
treasurer
of
state
14
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
15
established
in
section
915.94
and
one-half
of
the
money
in
the
16
general
fund
of
the
state.
A
temporary
restricted
license
17
shall
not
be
issued
unless
an
ignition
interlock
device
has
18
been
installed
pursuant
to
section
321J.4
.
Except
as
provided
19
in
section
321.210B
,
a
temporary
restricted
license
shall
20
not
be
issued
or
a
driver’s
license
or
nonresident
operating
21
privilege
reinstated
until
the
civil
penalty
has
been
paid.
22
A
person
assessed
a
penalty
under
this
section
may
remit
the
23
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
a
24
county
treasurer
authorized
to
issue
driver’s
licenses
under
25
chapter
321M
,
or
the
civil
penalty
may
be
paid
directly
to
the
26
department.
27
Sec.
11.
Section
321J.17,
subsection
3,
Code
2014,
is
28
amended
to
read
as
follows:
29
3.
a.
The
department
shall
also
require
certification
of
30
installation
of
an
ignition
interlock
device
of
a
type
approved
31
by
the
commissioner
of
public
safety
on
all
motor
vehicles
32
owned
or
operated
by
any
person
seeking
reinstatement
following
33
a
second
or
subsequent
revocation
under
section
321J.4
,
321J.9
,
34
or
321J.12
.
The
Unless
a
longer
period
of
time
is
required
by
35
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2299
statute,
the
requirement
for
the
installation
of
an
approved
1
ignition
interlock
device
shall
be
for
one
year
from
the
date
2
of
reinstatement
unless
a
longer
time
period
is
required
by
3
statute.
The
one-year
period
a
person
is
required
to
maintain
4
an
ignition
interlock
device
under
this
subsection
shall
be
5
reduced
by
any
period
of
time
the
person
held
a
valid
temporary
6
restricted
license
during
the
revocation
for
the
occurrence
7
from
which
the
arrest
arose.
The
person
shall
not
operate
any
8
motor
vehicle
which
is
not
equipped
with
an
approved
ignition
9
interlock
device
during
the
period
in
which
an
ignition
10
interlock
device
must
be
maintained,
and
the
department
11
shall
not
grant
reinstatement
unless
the
person
certifies
12
installation
of
an
ignition
interlock
device
as
required
in
13
this
subsection
.
the
following
periods
of
time:
14
(1)
First
offense.
At
least
six
months
from
the
date
of
15
reinstatement
if
the
person
has
had
no
previous
revocation
16
under
this
chapter.
17
(2)
Second
or
subsequent
offense.
At
least
one
year
from
18
the
date
of
reinstatement
if
the
person
has
had
a
previous
19
revocation
under
this
chapter.
20
(3)
Offense
involving
a
death.
At
least
one
year
from
the
21
date
of
reinstatement
if
the
person
is
seeking
reinstatement
22
following
a
revocation
under
section
321J.4,
subsection
1,
23
paragraph
“e”
,
for
an
offense
involving
a
death,
regardless
of
24
whether
the
person
has
had
a
previous
revocation
under
this
25
chapter.
26
b.
The
period
a
person
is
required
to
maintain
an
ignition
27
interlock
device
under
this
subsection
shall
be
reduced
by
any
28
period
of
time
the
person
held
a
valid
temporary
restricted
29
license
during
the
revocation
for
the
occurrence
from
which
30
the
arrest
arose,
subject
to
any
additional
time
required
31
pursuant
to
subsection
4.
The
person
shall
not
operate
any
32
motor
vehicle
which
is
not
equipped
with
an
approved
ignition
33
interlock
device
during
the
period
in
which
an
ignition
34
interlock
device
must
be
maintained,
and
the
department
35
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5315SV
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2299
shall
not
grant
reinstatement
unless
the
person
certifies
1
installation
of
an
ignition
interlock
device
as
required
in
2
this
subsection.
3
Sec.
12.
Section
321J.17,
Code
2014,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
4.
a.
The
department
shall
adopt
rules
6
pursuant
to
chapter
17A
requiring
a
provider
of
an
approved
7
ignition
interlock
device
to
submit
electronic
reports
to
the
8
department
regarding
the
installation,
maintenance,
and
use
9
of
an
approved
ignition
interlock
device
of
a
type
approved
10
by
the
commissioner
of
public
safety
on
all
motor
vehicles
11
owned
or
operated
by
the
person
seeking
reinstatement
including
12
instances
of
tampering,
circumvention,
or
removal
of
the
13
ignition
interlock
device.
The
reports
shall
include
but
not
14
be
limited
to
results
indicating
that
the
ignition
interlock
15
device
had
detected
a
level
of
alcohol
concentration
beyond
16
which
the
ignition
interlock
device
will
not
allow
operation
of
17
the
motor
vehicle
in
which
it
is
installed.
18
b.
Notwithstanding
the
provisions
of
subsection
3,
a
person
19
seeking
reinstatement
following
a
revocation
under
section
20
321J.4,
321J.9,
or
321J.12
shall
install
and
maintain
an
21
approved
ignition
interlock
device
of
a
type
approved
by
the
22
commissioner
of
public
safety
on
all
motor
vehicles
owned
or
23
operated
by
the
person
seeking
reinstatement
until
the
results
24
reported
to
the
department
pursuant
to
paragraph
“a”
indicate
25
all
of
the
following:
26
(1)
The
person
has
adequately
maintained
and
used
any
27
required
ignition
interlock
device.
28
(2)
For
the
three-month
period
immediately
preceding
the
29
person’s
application
to
remove
the
ignition
interlock
device
30
or
to
remove
any
ignition
interlock
device
restriction
on
the
31
person’s
driver’s
license,
the
person
has
not
had
an
event
in
32
which
the
ignition
interlock
device
detected
a
level
of
alcohol
33
concentration
beyond
which
the
ignition
interlock
device
would
34
not
allow
the
operation
of
the
motor
vehicle
in
which
it
is
35
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15
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2299
installed.
1
c.
The
time
periods
in
subsection
3
shall
be
extended
2
indefinitely
until
the
person
completes
at
least
a
three-month
3
period
free
from
events
in
which
a
required
ignition
interlock
4
device
detected
a
level
of
alcohol
concentration
beyond
which
5
the
ignition
interlock
device
would
not
allow
the
operation
of
6
the
motor
vehicle
in
which
it
is
installed.
7
Sec.
13.
Section
321J.20,
Code
2014,
is
amended
to
read
as
8
follows:
9
321J.20
Temporary
restricted
license
——
ignition
interlock
10
devices.
11
1.
a.
The
department
may,
on
application,
issue
a
temporary
12
restricted
license
to
a
person
whose
noncommercial
driver’s
13
license
is
revoked
under
this
chapter
allowing
the
person
to
14
drive
to
and
from
the
person’s
home
and
specified
places
at
15
specified
times
which
can
be
verified
by
the
department
and
16
which
are
required
by
the
person’s
full-time
or
part-time
17
employment,
continuing
health
care
or
the
continuing
health
18
care
of
another
who
is
dependent
upon
the
person,
continuing
19
education
while
enrolled
in
an
educational
institution
on
a
20
part-time
or
full-time
basis
and
while
pursuing
a
course
of
21
study
leading
to
a
diploma,
degree,
or
other
certification
of
22
successful
educational
completion,
substance
abuse
treatment,
23
court-ordered
community
service
responsibilities,
and
24
appointments
with
the
person’s
parole
or
probation
officer
if
25
the
person’s
driver’s
license
has
not
been
revoked
previously
26
under
section
321J.4
,
321J.9
,
or
321J.12
and
for
any
lawful
27
purpose
if
any
of
the
following
apply:
28
(1)
The
person’s
noncommercial
driver’s
license
is
revoked
29
under
section
321J.4
and
the
minimum
period
of
ineligibility
30
for
issuance
of
a
temporary
restricted
license
has
expired.
31
This
subsection
shall
not
apply
to
a
revocation
ordered
under
32
section
321J.4
resulting
from
a
plea
or
verdict
of
guilty
of
a
33
violation
of
section
321J.2
that
involved
a
death
except
for
a
34
revocation
under
section
321J.4,
subsection
1,
paragraph
“c”
35
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or
“e”
.
1
(2)
The
person’s
noncommercial
driver’s
license
is
revoked
2
under
section
321J.9
and
the
person
has
entered
a
plea
of
3
guilty
on
a
charge
of
a
violation
of
section
321J.2
which
4
arose
from
the
same
set
of
circumstances
which
resulted
in
5
the
person’s
driver’s
license
revocation
under
section
321J.9
6
and
the
guilty
plea
is
not
withdrawn
at
the
time
of
or
after
7
application
for
the
temporary
restricted
license
,
and
the
8
minimum
period
of
ineligibility
for
issuance
of
a
temporary
9
restricted
license
has
expired
.
10
(3)
The
person’s
noncommercial
driver’s
license
is
revoked
11
under
section
321J.12
,
and
the
minimum
period
of
ineligibility
12
for
issuance
of
a
temporary
restricted
license
has
expired
.
13
b.
A
temporary
restricted
license
may
be
issued
under
this
14
subsection
if
the
person’s
noncommercial
driver’s
license
is
15
revoked
for
two
years
under
section
321J.4,
subsection
2
,
or
16
section
321J.9,
subsection
1
,
paragraph
“b”
,
and
the
first
three
17
hundred
sixty-five
days
of
the
revocation
have
expired.
18
c.
b.
This
subsection
does
not
apply
to
a
person
whose
19
license
was
revoked
under
section
321J.2A
or
section
321J.4,
20
subsection
4
or
6
,
or
to
a
person
whose
license
is
suspended
or
21
revoked
for
another
reason.
22
d.
Following
the
applicable
minimum
period
of
ineligibility,
23
a
temporary
restricted
license
under
this
subsection
shall
24
not
be
issued
until
the
applicant
installs
an
ignition
25
interlock
device
of
a
type
approved
by
the
commissioner
of
26
public
safety
on
all
motor
vehicles
owned
or
operated
by
the
27
applicant
in
accordance
with
section
321J.2
,
321J.4
,
321J.9
,
28
or
321J.12
.
Installation
of
an
ignition
interlock
device
29
under
this
subsection
shall
be
required
for
the
period
of
time
30
for
which
the
temporary
restricted
license
is
issued
and
for
31
such
additional
period
of
time
following
reinstatement
as
is
32
required
under
section
321J.17,
subsection
3
.
33
2.
a.
Notwithstanding
section
321.560
,
the
department
may,
34
on
application,
and
upon
the
expiration
of
the
minimum
period
35
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2299
of
ineligibility
for
a
temporary
restricted
license
provided
1
for
under
section
321.560
,
321J.4
,
321J.9
,
or
321J.12
,
issue
a
2
temporary
restricted
license
to
a
person
whose
noncommercial
3
driver’s
license
has
either
been
revoked
under
this
chapter
,
or
4
revoked
or
suspended
under
chapter
321
solely
for
violations
5
of
this
chapter
,
or
who
has
been
determined
to
be
a
habitual
6
offender
under
chapter
321
based
solely
on
violations
of
7
this
chapter
or
on
violations
listed
in
section
321.560,
8
subsection
1
,
paragraph
“b”
,
and
who
is
not
eligible
for
a
9
temporary
restricted
license
under
subsection
1
.
However,
10
the
department
may
not
issue
a
temporary
restricted
license
11
under
this
subsection
for
a
violation
of
section
321J.2A
or
12
to
a
person
under
the
age
of
twenty-one
whose
license
is
13
revoked
under
section
321J.4
,
321J.9
,
or
321J.12
.
A
temporary
14
restricted
license
issued
under
this
subsection
may
allow
the
15
person
to
drive
to
and
from
the
person’s
home
and
specified
16
places
at
specified
times
which
can
be
verified
by
the
17
department
and
which
are
required
by
the
person’s
full-time
or
18
part-time
employment;
continuing
education
while
enrolled
in
an
19
educational
institution
on
a
part-time
or
full-time
basis
and
20
while
pursuing
a
course
of
study
leading
to
a
diploma,
degree,
21
or
other
certification
of
successful
educational
completion;
22
or
substance
abuse
treatment.
23
3.
The
department
shall
not
issue
a
temporary
restricted
24
license
under
this
section
until
any
applicable
minimum
25
period
of
ineligibility
for
a
temporary
restricted
license
has
26
expired.
If
the
applicant
is
under
the
age
of
twenty-one,
the
27
applicant
shall
not
be
eligible
for
a
temporary
restricted
28
license
for
at
least
sixty
days
after
the
effective
date
of
29
revocation
or
suspension.
30
b.
4.
A
The
department
shall
not
issue
a
temporary
31
restricted
license
issued
under
this
subsection
shall
32
not
be
issued
section
until
the
applicant
installs
an
33
approved
ignition
interlock
device
of
a
type
approved
by
the
34
commissioner
of
public
safety
on
all
motor
vehicles
owned
35
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rh/nh
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15
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2299
or
operated
by
the
applicant.
Installation
of
an
ignition
1
interlock
device
under
this
subsection
section
shall
be
2
required
for
the
period
of
time
for
which
the
temporary
3
restricted
license
is
issued,
and
for
such
additional
period
4
of
time
following
reinstatement
as
is
required
under
section
5
321J.17,
subsection
subsections
3
and
4
.
However,
a
person
6
whose
driver’s
license
or
nonresident
operating
privilege
has
7
been
revoked
under
section
321J.21
may
apply
to
the
department
8
for
a
temporary
restricted
license
without
the
requirement
of
9
an
ignition
interlock
device
if
at
least
twelve
years
have
10
elapsed
since
the
end
of
the
underlying
revocation
period
for
11
a
violation
of
section
321J.2
.
12
3.
5.
If
a
person
required
to
install
an
ignition
interlock
13
device
operates
a
motor
vehicle
which
does
not
have
an
approved
14
ignition
interlock
device
or
if
the
person
tampers
with
or
15
circumvents
an
ignition
interlock
device,
in
addition
to
other
16
penalties
provided,
the
person’s
temporary
restricted
license
17
shall
be
revoked.
18
4.
6.
A
person
holding
a
temporary
restricted
license
19
issued
by
the
department
under
this
section
subsection
2
shall
20
not
operate
a
motor
vehicle
for
pleasure.
21
5.
7.
A
person
holding
a
temporary
restricted
license
22
issued
by
the
department
under
this
section
shall
not
operate
23
a
commercial
motor
vehicle
on
a
highway
if
a
commercial
24
driver’s
license
is
required
for
the
person’s
operation
of
the
25
commercial
motor
vehicle.
26
6.
8.
A
person
holding
a
temporary
license
issued
by
the
27
department
under
this
chapter
section
shall
be
prohibited
from
28
operating
not
operate
a
school
bus.
29
7.
9.
Notwithstanding
any
provision
of
this
chapter
to
30
the
contrary,
the
department
may
issue
a
temporary
restricted
31
license
to
a
person
otherwise
eligible
for
a
temporary
32
restricted
license
under
this
section
,
whose
period
of
33
revocation
under
this
chapter
has
expired,
but
who
has
not
met
34
all
requirements
for
reinstatement
of
the
person’s
driver’s
35
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15
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2299
license
or
nonresident
operating
privileges.
1
8.
10.
A
person
who
tampers
with
or
circumvents
an
ignition
2
interlock
device
installed
as
required
in
this
chapter
and
3
while
the
requirement
for
the
ignition
interlock
device
is
in
4
effect
commits
a
serious
misdemeanor.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
Iowa’s
operating-while-intoxicated
9
(OWI)
law
and
driver’s
license
revocations,
temporary
10
restricted
licenses,
and
ignition
interlock
devices.
11
DUPLICATIVE
LICENSE
REVOCATION
PROVISIONS.
The
bill
12
eliminates
duplicative
provisions
relating
to
court-ordered
13
license
revocations
for
first,
second,
and
third
and
14
subsequent
violations
of
Code
section
321J.2
(Iowa’s
OWI
law).
15
The
bill
maintains
provisions
relating
to
administrative
16
license
revocations
currently
imposed
by
the
department
of
17
transportation
pursuant
to
Code
sections
321J.4
(license
18
revocations
based
on
criminal
OWI
offenses),
321J.9
(license
19
revocations
relating
to
refusals
to
submit
to
chemical
20
testing),
and
321J.12
(license
revocations
based
on
test
21
failures).
22
INELIGIBILITY
PERIODS
——
TEMPORARY
RESTRICTED
LICENSES
23
AND
IGNITION
INTERLOCK
DEVICES.
The
bill
eliminates
certain
24
provisions
in
Code
sections
321J.4
(license
revocations
25
based
on
criminal
OWI
offenses),
321J.9
(test
refusals),
and
26
321J.12
(license
revocations
based
on
test
result
failures)
27
that
currently
provide
eligibility
restrictions
for
temporary
28
restricted
licenses
and
the
installation
of
ignition
interlock
29
devices,
dependent
upon
the
number
of
prior
offenses,
blood
30
alcohol
level,
and
whether
the
offense
involved
an
accident
31
causing
personal
injury
or
property
damage.
The
ineligibility
32
periods
for
a
temporary
restricted
license
and
for
installation
33
of
an
ignition
interlock
device
are
maintained
for
third
and
34
subsequent
OWI
offenses
and
for
offenses
involving
a
death.
35
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15
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2299
The
bill
makes
a
change
to
Code
section
321J.4
allowing
a
1
court
to
increase
the
period
of
time
during
which
a
defendant
2
must
maintain
an
ignition
interlock
device
on
all
vehicles
3
owned
or
operated
by
the
defendant
in
addition
to
any
time
an
4
ignition
interlock
device
is
required
for
reinstatement
under
5
Code
section
321J.17
or
for
a
temporary
restricted
license
6
under
Code
section
321J.20.
7
TEMPORARY
RESTRICTED
LICENSES
AND
IGNITION
INTERLOCK
DEVICES
8
——
GENERAL
PROVISIONS.
The
bill
strikes
certain
provisions
9
relating
to
temporary
restricted
licenses
and
the
installation
10
of
ignition
interlock
devices
currently
contained
in
Code
11
sections
321J.4,
321J.9,
and
321J.12
and
consolidates
these
12
provisions
into
Code
sections
321J.17
and
321J.20.
13
REINSTATEMENT
REQUIREMENTS.
Currently,
Code
section
321J.17
14
contains
provisions
relating
to
reinstatement
of
a
person’s
15
driver’s
license
or
nonresident
operating
privileges
after
16
revocation
for
any
OWI
offense
under
Code
chapter
321J
(based
17
on
either
administrative
or
criminal
action).
The
person
must
18
pay
a
civil
penalty
fine,
present
proof
of
completion
of
a
19
course
for
drinking
drivers
and
a
substance
abuse
evaluation
20
and
treatment,
and
if
applicable,
present
proof
of
financial
21
responsibility.
In
addition,
following
a
second
or
subsequent
22
license
revocation,
a
person
applying
for
reinstatement
must
23
install
a
department-approved
ignition
interlock
device
on
all
24
vehicles
owned
or
operated
by
the
person
for
one
year,
unless
a
25
longer
period
of
time
is
otherwise
required.
26
The
bill
retains
the
current
requirements
for
reinstatement,
27
but
in
regard
to
ignition
interlock
devices,
requires
all
28
persons
(not
just
repeat
offenders)
applying
for
reinstatement
29
to
install
an
ignition
interlock
device
on
all
vehicles
owned
30
or
operated
by
the
person
for
the
following
periods
of
time
31
depending
on
the
nature
of
the
offense:
for
a
first
offense
32
(no
previous
revocations),
at
least
six
months
from
the
date
33
of
reinstatement;
for
a
second
or
subsequent
offense
(previous
34
revocations),
at
least
one
year
from
the
date
of
reinstatement;
35
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15
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2299
and
if
the
offense
involved
a
death,
at
least
one
year
from
the
1
date
of
reinstatement
regardless
of
whether
the
person
has
had
2
a
previous
revocation.
3
The
bill
provides
that
the
period
of
time
a
person
is
4
required
to
maintain
an
ignition
interlock
device
shall
be
5
reduced
by
any
period
of
time
the
person
held
a
valid
temporary
6
restricted
license
during
the
revocation
for
the
occurrence
7
from
which
the
arrest
arose,
subject
to
any
additional
time
8
required.
The
person
shall
not
operate
any
motor
vehicle
which
9
is
not
equipped
with
an
approved
ignition
interlock
device
10
during
the
period
in
which
an
ignition
interlock
device
must
be
11
maintained,
and
the
department
shall
not
grant
reinstatement
12
unless
the
person
certifies
installation
of
an
ignition
13
interlock
device.
14
The
bill
requires
the
department
of
transportation
to
adopt
15
rules
pursuant
to
Code
chapter
17A
requiring
a
provider
of
16
an
approved
ignition
interlock
device
to
submit
electronic
17
reports
to
the
department
regarding
the
operation
of
an
18
approved
ignition
interlock
device
on
all
motor
vehicles
owned
19
or
operated
by
the
person
seeking
reinstatement
including
20
instances
of
tampering,
circumvention,
or
removal
of
the
21
ignition
interlock
device.
The
reports
shall
include
but
not
22
be
limited
to
results
indicating
that
the
ignition
interlock
23
device
had
detected
a
level
of
alcohol
concentration
beyond
24
which
the
ignition
interlock
device
will
not
allow
operation
25
of
the
motor
vehicle
in
which
it
is
installed.
A
person
26
seeking
reinstatement
following
a
license
revocation
is
27
required
to
install
and
maintain
an
approved
ignition
interlock
28
device
until
the
results
reported
to
the
department
indicate
29
the
person
has
adequately
maintained
and
used
any
required
30
ignition
interlock
device
and
that,
for
the
three-month
period
31
immediately
preceding
the
person’s
application
to
remove
the
32
ignition
interlock
device
or
to
remove
any
ignition
interlock
33
device
restriction
on
the
person’s
driver’s
license,
the
person
34
has
not
had
an
event
in
which
the
ignition
interlock
device
35
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detected
a
level
of
alcohol
concentration
beyond
which
the
1
ignition
interlock
device
would
not
allow
the
operation
of
2
a
motor
vehicle
in
which
it
is
installed.
The
bill
further
3
provides
that
the
time
periods
for
installation
of
an
ignition
4
interlock
device
shall
be
extended
indefinitely
until
the
5
person
completes
at
least
a
three-month
period
free
from
events
6
in
which
a
required
ignition
interlock
device
detected
a
level
7
of
alcohol
concentration
beyond
which
the
ignition
interlock
8
device
would
not
allow
the
operation
of
a
motor
vehicle
in
9
which
it
is
installed.
10
TEMPORARY
RESTRICTED
LICENSES.
The
bill
amends
Code
section
11
321J.20
to
provide
that
a
person
whose
noncommercial
driver’s
12
license
is
revoked
may
receive
a
temporary
restricted
license
13
to
drive
for
any
lawful
purpose.
Current
law
restricts
the
14
issuance
of
a
temporary
restricted
license
for
specified
15
reasons
including
employment,
medical
appointments,
and
16
educational
purposes.
Certain
driving
restrictions
are
17
maintained
for
persons
whose
licenses
are
revoked
for
third
or
18
subsequent
OWI
convictions,
for
offenses
involving
a
death,
and
19
for
habitual
offenders.
20
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