Bill Text: IA SSB1064 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to operating-while-intoxicated offenses, including temporary restricted licenses and ignition interlock devices, providing penalties, making penalties applicable, and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-01-23 - Subcommittee: Rowley, Knox, and Reichman. [SSB1064 Detail]
Download: Iowa-2023-SSB1064-Introduced.html
Senate
Study
Bill
1064
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
operating-while-intoxicated
offenses,
1
including
temporary
restricted
licenses
and
ignition
2
interlock
devices,
providing
penalties,
making
penalties
3
applicable,
and
including
effective
date
and
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1397XC
(7)
90
th/ns
S.F.
_____
Section
1.
Section
321J.2,
subsection
3,
paragraph
d,
Code
1
2023,
is
amended
to
read
as
follows:
2
d.
Revocation
of
the
person’s
driver’s
license
for
a
minimum
3
period
of
one
hundred
eighty
days
up
to
a
maximum
revocation
4
period
of
one
year,
pursuant
to
section
321J.4,
subsection
5
1
,
section
321J.9
,
or
section
321J.12
.
The
department
shall
6
require
the
defendant
to
install
an
ignition
interlock
device
7
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
8
vehicles
operated
by
the
defendant
if
the
defendant
seeks
a
9
temporary
restricted
license
as
provided
in
section
321J.20
or
10
as
a
condition
of
reinstatement
as
provided
in
section
321J.17
.
11
Sec.
2.
Section
321J.4,
subsections
1,
2,
3,
and
4,
Code
12
2023,
are
amended
to
read
as
follows:
13
1.
If
a
defendant
is
convicted
of
a
violation
of
section
14
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
15
operating
privilege
has
not
been
revoked
under
section
321J.9
16
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
17
department
shall
revoke
the
defendant’s
driver’s
license
or
18
nonresident
operating
privilege
for
one
hundred
eighty
days
19
if
the
defendant
submitted
to
chemical
testing
and
has
had
20
no
previous
conviction
or
revocation
under
this
chapter
and
21
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
22
operating
privilege
for
one
year
if
the
defendant
refused
to
23
submit
to
chemical
testing
and
has
had
no
previous
conviction
24
or
revocation
under
this
chapter
.
The
department
shall
require
25
the
defendant
to
install
an
ignition
interlock
device
of
a
type
26
approved
by
the
commissioner
of
public
safety
on
all
vehicles
27
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
28
restricted
license
as
provided
in
section
321J.20
or
as
a
29
condition
of
reinstatement
as
provided
in
section
321J.17
.
30
2.
If
a
defendant
is
convicted
of
a
violation
of
section
31
321J.2
,
and
the
defendant’s
driver’s
license
or
nonresident
32
operating
privilege
has
not
already
been
revoked
under
section
33
321J.9
or
321J.12
for
the
occurrence
from
which
the
arrest
34
arose,
the
department
shall
revoke
the
defendant’s
driver’s
35
-1-
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_____
license
or
nonresident
operating
privilege
for
one
year
if
the
1
defendant
submitted
to
chemical
testing
and
has
had
a
previous
2
conviction
or
revocation
under
this
chapter
and
shall
revoke
3
the
defendant’s
driver’s
license
or
nonresident
operating
4
privilege
for
two
years
if
the
defendant
refused
to
submit
5
to
chemical
testing
and
has
had
a
previous
revocation
under
6
this
chapter
.
The
department
shall
require
the
defendant
to
7
install
an
ignition
interlock
device
of
a
type
approved
by
the
8
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
9
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
10
license
as
provided
in
section
321J.20
or
as
a
condition
of
11
reinstatement
as
provided
in
section
321J.17
.
A
temporary
12
restricted
license
shall
not
be
granted
and
a
driver’s
license
13
shall
not
be
reinstated
by
the
department
until
the
defendant
14
installs
the
ignition
interlock
device.
15
3.
If
the
court
defers
judgment
pursuant
to
section
907.3
16
for
a
violation
of
section
321J.2
,
and
if
the
defendant’s
17
driver’s
license
or
nonresident
operating
privilege
has
not
18
been
revoked
under
section
321J.9
or
321J.12
,
or
has
not
19
otherwise
been
revoked
for
the
occurrence
from
which
the
arrest
20
arose,
the
department
shall
revoke
the
defendant’s
driver’s
21
license
or
nonresident
operating
privilege
for
a
period
of
22
not
less
than
thirty
days
nor
more
than
ninety
days.
The
23
department
shall
require
the
defendant
to
install
an
ignition
24
interlock
device
of
a
type
approved
by
the
commissioner
of
25
public
safety
on
all
vehicles
operated
by
the
defendant
if
the
26
defendant
seeks
a
temporary
restricted
license
as
provided
in
27
section
321J.20
or
as
a
condition
of
reinstatement
as
provided
28
in
section
321J.17
.
29
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
30
violation
of
section
321J.2
,
the
department
shall
revoke
the
31
defendant’s
driver’s
license
or
nonresident
operating
privilege
32
for
a
period
of
six
years.
The
department
shall
require
the
33
defendant
to
install
an
ignition
interlock
device
of
a
type
34
approved
by
the
commissioner
of
public
safety
on
all
vehicles
35
-2-
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90
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11
S.F.
_____
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
1
temporary
restricted
license
as
provided
in
section
321J.20
or
2
as
a
condition
of
reinstatement
as
provided
in
section
321J.17
.
3
A
temporary
restricted
license
shall
not
be
granted
and
a
4
driver’s
license
shall
not
be
reinstated
by
the
department
5
until
the
defendant
installs
the
ignition
interlock
device.
6
Sec.
3.
Section
321J.4,
subsection
8,
paragraphs
b
and
c,
7
Code
2023,
are
amended
to
read
as
follows:
8
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
9
approve
certain
ignition
interlock
devices
and
the
.
The
rules
10
shall
establish
all
of
the
following:
11
(1)
The
means
of
installation
of
the
devices
,
and
shall
12
establish
the
.
13
(2)
The
level
of
alcohol
concentration
beyond
which
an
14
ignition
interlock
device
will
not
allow
operation
of
the
motor
15
vehicle
in
which
it
is
installed.
16
(3)
The
camera
and
photograph
requirements
provided
under
17
section
321J.20,
subsection
7B.
18
c.
The
order
to
install
ignition
interlock
devices
shall
19
remain
in
effect
for
a
period
of
time
as
determined
by
the
20
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
21
which
the
court
could
have
imposed
according
to
the
nature
of
22
the
violation
,
unless
otherwise
extended
under
this
chapter
.
23
While
the
order
is
in
effect,
the
defendant
shall
not
operate
24
a
motor
vehicle
which
does
not
have
an
approved
ignition
25
interlock
device
installed.
26
Sec.
4.
Section
321J.9,
subsection
2,
Code
2023,
is
amended
27
to
read
as
follows:
28
2.
The
department
shall
require
the
defendant
to
install
29
an
ignition
interlock
device
of
a
type
approved
by
the
30
commissioner
of
public
safety
on
all
vehicles
owned
or
31
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
32
restricted
license
under
section
321J.20
or
as
a
condition
of
33
reinstatement
as
provided
in
section
321J.17
.
However,
if
34
the
defendant
has
had
no
previous
conviction
or
revocation
35
-3-
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90
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3/
11
S.F.
_____
under
this
chapter
,
the
department
shall
only
require
the
1
defendant
to
install
an
approved
ignition
interlock
device
on
2
all
vehicles
operated
by
the
defendant
if
the
defendant
seeks
3
a
temporary
restricted
license
under
section
321J.20
or
as
a
4
condition
of
reinstatement
as
provided
in
section
321J.17
.
5
A
temporary
restricted
license
shall
not
be
granted
and
a
6
driver’s
license
shall
not
be
reinstated
by
the
department
7
until
the
defendant
installs
the
ignition
interlock
device.
8
Sec.
5.
Section
321J.12,
subsection
2,
Code
2023,
is
amended
9
to
read
as
follows:
10
2.
The
department
shall
require
the
defendant
to
install
11
an
ignition
interlock
device
of
a
type
approved
by
the
12
commissioner
of
public
safety
on
all
vehicles
owned
or
13
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
14
restricted
license
under
section
321J.20
or
as
a
condition
of
15
reinstatement
as
provided
in
section
321J.17
.
However,
if
16
the
defendant
has
had
no
previous
conviction
or
revocation
17
under
this
chapter
,
the
department
shall
only
require
the
18
defendant
to
install
an
approved
ignition
interlock
device
on
19
all
vehicles
operated
by
the
defendant
if
the
defendant
seeks
20
a
temporary
restricted
license
under
section
321J.20
or
as
a
21
condition
of
reinstatement
as
provided
in
section
321J.17
.
22
A
temporary
restricted
license
shall
not
be
granted
and
a
23
driver’s
license
shall
not
be
reinstated
by
the
department
24
until
the
defendant
installs
the
ignition
interlock
device.
25
Sec.
6.
Section
321J.17,
subsection
3,
Code
2023,
is
amended
26
to
read
as
follows:
27
3.
a.
The
department
shall
also
require
certification
of
28
installation
of
an
ignition
interlock
device
of
a
type
approved
29
by
the
commissioner
of
public
safety
on
all
of
the
following
30
motor
vehicles:
31
(1)
All
motor
vehicles
operated
by
a
person
seeking
32
reinstatement
if
the
person
has
had
no
previous
conviction
or
33
revocation
under
this
chapter.
34
(2)
All
motor
vehicles
owned
or
operated
by
any
a
person
35
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90
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11
S.F.
_____
seeking
reinstatement
following
a
second
or
subsequent
1
revocation
under
section
321J.4
,
321J.9
,
or
321J.12
this
2
chapter
.
The
3
b.
Unless
otherwise
extended
under
this
chapter,
the
4
requirement
for
the
installation
of
an
approved
ignition
5
interlock
device
shall
be
for
one
year
from
the
date
of
6
reinstatement
unless
a
longer
time
period
is
required
by
7
statute.
one
of
the
following
periods
of
time,
as
applicable:
8
(1)
One
hundred
eighty
days
from
the
date
of
reinstatement
9
if
the
person
is
not
subject
to
subparagraph
(2).
10
(2)
One
year
from
the
date
of
reinstatement
if
the
person
11
has
had
a
previous
revocation
under
this
chapter,
or
if
the
12
person
is
seeking
reinstatement
following
a
revocation
under
13
section
321J.4,
subsection
5
or
6,
regardless
of
whether
the
14
person
has
had
a
previous
revocation
under
this
chapter.
15
c.
The
one-year
period
of
time
a
person
is
required
to
16
maintain
an
ignition
interlock
device
under
this
subsection
17
shall
be
reduced
by
any
period
of
time
the
person
held
a
18
valid
temporary
restricted
license
during
the
period
of
the
19
revocation
for
the
occurrence
from
which
the
arrest
arose.
The
20
d.
The
period
of
time
a
person
is
required
to
maintain
21
an
ignition
interlock
device
under
this
subsection
shall
be
22
increased
if
required
in
accordance
with
the
compliance-based
23
removal
procedures
provided
in
section
321J.17A.
24
e.
A
person
shall
not
operate
any
motor
vehicle
which
25
is
not
equipped
with
an
approved
ignition
interlock
device
26
during
the
period
in
which
an
ignition
interlock
device
must
be
27
maintained,
and
the
department
shall
not
grant
reinstatement
28
unless
the
person
certifies
installation
of
an
ignition
29
interlock
device
as
required
in
this
subsection
.
In
addition
30
to
other
penalties
provided
by
law,
the
department
shall
revoke
31
the
driver’s
license
of
a
person
who
is
required
to
maintain
32
an
ignition
interlock
device
if
the
person
operates
a
motor
33
vehicle
which
does
not
have
an
approved
ignition
interlock
34
device
or
removes
the
ignition
interlock
device
without
35
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S.F.
_____
authorization.
1
f.
This
subsection
does
not
apply
to
a
person
who
has
had
2
no
previous
conviction
or
revocation
under
this
chapter
if
3
the
person
receives
an
exemption
from
the
department
because
4
the
person
does
not
own
or
have
access
to
a
motor
vehicle.
5
The
person
shall
file
a
declaration
to
that
effect
with
the
6
department,
on
a
form
prescribed
by
the
department,
which
must
7
be
approved
by
the
department
prior
to
the
exemption
being
8
granted.
9
g.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
10
to
implement
this
subsection.
11
Sec.
7.
NEW
SECTION
.
321J.17A
Compliance-based
removal.
12
1.
If
an
ignition
interlock
device
detects
a
violation
by
13
a
person
during
the
ninety-day
period
immediately
preceding
14
the
date
on
which
the
period
of
time
a
person
is
required
to
15
maintain
an
ignition
interlock
device
under
section
321J.17
16
ends,
the
period
of
time
a
person
is
required
to
maintain
17
an
ignition
interlock
device
under
section
321J.17
shall
be
18
extended
until
the
person
completes
ninety
consecutive
days
19
without
a
violation
detected
by
an
ignition
interlock
device,
20
as
determined
by
the
department
based
on
an
approved
ignition
21
interlock
device
provider’s
compliance
report
submitted
in
22
accordance
with
this
section.
Nothing
in
this
section
shall
23
limit
the
number
of
subsequent
extensions
a
person
may
receive
24
following
a
violation
detected
by
an
ignition
interlock
device.
25
2.
a.
An
approved
ignition
interlock
device
provider
shall
26
generate
and
submit
a
compliance
report
to
the
department
for
27
each
person
who
maintains
an
ignition
interlock
device
of
the
28
provider
for
purposes
of
meeting
the
requirements
of
section
29
321J.17.
The
compliance
report
must
indicate
every
associated
30
motor
vehicle
and
the
associated
ignition
interlock
device
31
installed
on
each
motor
vehicle.
The
compliance
report
must
32
include
all
of
the
following
details,
as
applicable:
33
(1)
If
an
ignition
interlock
device
detected
a
violation,
34
the
date
and
type
of
violation.
35
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S.F.
_____
(2)
If
an
ignition
interlock
device
detected
no
violations
1
during
the
ninety
days
immediately
preceding
the
report,
the
2
fact
that
no
violations
were
detected.
3
b.
An
approved
ignition
interlock
device
provider
shall
4
generate
the
compliance
report
and
submit
it
to
the
department
5
no
earlier
than
the
date
on
which
the
period
of
time
a
person
is
6
required
to
maintain
an
ignition
interlock
device
under
section
7
321J.17
ends,
and
no
later
than
seven
business
days
following
8
that
date.
The
provider
shall
again
generate
and
submit
a
9
subsequent
report
to
the
department
in
this
manner
based
on
any
10
subsequent
extensions
as
provided
in
this
section,
if
any.
11
3.
a.
For
purposes
of
this
section,
a
violation
includes
12
any
of
the
following:
13
(1)
Failing
to
provide
a
detectable
breath
sample
to
the
14
ignition
interlock
device
when
prompted
by
the
device.
15
(2)
Providing
a
breath
sample
to
an
ignition
interlock
16
device
with
a
level
of
alcohol
concentration
beyond
which
an
17
ignition
interlock
device
will
not
allow
operation
of
the
motor
18
vehicle
in
which
it
is
installed,
pursuant
to
rules
established
19
by
the
department
of
public
safety
under
section
321J.4,
20
subsection
8.
21
(3)
Removing
without
authorization,
bypassing,
22
circumventing,
or
tampering
with
the
ignition
interlock
device,
23
including
any
such
attempt,
detected
by
the
device.
24
b.
Notwithstanding
paragraph
“a”
,
it
is
not
a
violation
25
under
this
section
if
a
person
provides
a
detectable
breath
26
sample
and
successfully
passes
a
test
immediately
following
the
27
first
failed
test
or
in
response
to
a
bypass
or
circumvention
28
attempt
as
described
in
paragraph
“a”
,
and
a
violation
shall
not
29
be
reported.
30
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
31
prescribing
the
form
and
manner
of
communication
pursuant
to
32
this
section,
and
may
otherwise
adopt
rules
as
necessary
to
33
administer
this
section.
34
Sec.
8.
Section
321J.20,
subsections
2,
3,
and
7,
Code
2023,
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are
amended
to
read
as
follows:
1
2.
A
temporary
restricted
license
issued
under
this
section
2
shall
not
be
issued
until
the
applicant
installs
an
approved
3
ignition
interlock
device
on
all
motor
vehicles
owned
or
4
operated
by
the
applicant.
However,
if
the
applicant
has
5
had
no
previous
conviction
or
revocation
under
this
chapter
,
6
a
temporary
restricted
license
issued
under
this
section
7
shall
not
be
issued
until
the
applicant
installs
an
approved
8
ignition
interlock
device
on
all
motor
vehicles
operated
by
9
the
applicant.
Installation
of
an
ignition
interlock
device
10
under
this
section
shall
be
required
for
the
period
of
time
11
for
which
the
temporary
restricted
license
is
issued,
and
for
12
such
additional
period
of
time
following
reinstatement
as
13
is
required
under
section
321J.17,
subsection
3
.
However,
14
a
person
whose
driver’s
license
or
nonresident
operating
15
privilege
has
been
revoked
under
section
321J.21
may
apply
to
16
the
department
for
a
temporary
restricted
license
without
the
17
requirement
of
an
ignition
interlock
device
if
at
least
twelve
18
years
have
elapsed
since
the
end
of
the
underlying
revocation
19
period
for
a
violation
of
section
321J.2
.
20
3.
In
addition
to
other
penalties
provided
by
law,
a
21
person’s
temporary
restricted
license
shall
be
revoked
if
the
22
person
is
required
to
install
an
ignition
interlock
device
and
23
the
person
does
any
of
the
following:
24
a.
Operates
operates
a
motor
vehicle
which
does
not
have
25
an
approved
ignition
interlock
device
or
removes
the
ignition
26
interlock
device
without
authorization
.
27
b.
Tampers
with
or
circumvents
an
ignition
interlock
device.
28
7.
A
person
who
tampers
with
,
removes
without
29
authorization,
or
circumvents
an
ignition
interlock
device
30
installed
as
required
in
this
chapter
and
while
the
requirement
31
for
the
ignition
interlock
device
is
in
effect
commits
a
32
serious
misdemeanor.
33
Sec.
9.
Section
321J.20,
Code
2023,
is
amended
by
adding
the
34
following
new
subsections:
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NEW
SUBSECTION
.
7A.
A
person
who
holds
a
temporary
1
restricted
license
and
who
operates
a
motor
vehicle
without
2
an
ignition
interlock
device
installed
commits
one
of
the
3
following,
as
applicable:
4
a.
For
a
first
offense,
a
serious
misdemeanor.
5
b.
For
a
second
offense,
an
aggravated
misdemeanor.
6
c.
For
a
third
or
subsequent
offense,
an
aggravated
7
misdemeanor
with
a
minimum
period
of
imprisonment
in
the
county
8
jail
of
forty-eight
hours.
9
NEW
SUBSECTION
.
7B.
An
ignition
interlock
device
shall
10
be
equipped
with
a
camera
that
is
only
capable
of
taking
a
11
still
image
photograph
when
a
breath
sample
is
requested
by
the
12
device,
when
a
breath
sample
is
provided,
and
when
a
failure
to
13
provide
a
breath
sample
occurs.
14
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
15
2024.
16
Sec.
11.
APPLICABILITY.
17
1.
Except
as
provided
in
subsection
2,
this
Act
applies
to
18
driver’s
license
revocations
under
chapter
321J,
as
amended
in
19
this
Act,
for
which
the
underlying
offense
occurred
on
or
after
20
the
effective
date
of
this
Act.
21
2.
The
portion
of
the
section
of
this
Act
enacting
section
22
321J.20,
subsection
7B,
applies
to
ignition
interlock
devices
23
installed
on
or
after
the
effective
date
of
this
Act.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
a
person
whose
driver’s
license
is
28
revoked
for
operating
while
intoxicated
(OWI)
is
required
to
29
install
an
ignition
interlock
device
(IID)
prior
to
being
30
issued
a
temporary
restricted
license
(TRL)
by
the
department
31
of
transportation
(DOT).
The
IID
must
be
installed
on
every
32
vehicle
owned
or
operated
by
the
person,
or
every
vehicle
33
operated
by
the
person
if
the
person
has
had
no
previous
34
conviction
or
revocation
under
Code
chapter
321J.
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Current
law
also
requires
a
person
with
a
second
or
1
subsequent
driver’s
license
revocation
for
OWI
to
install
an
2
IID
for
a
minimum
of
one
year
after
reinstatement
of
a
driver’s
3
license
other
than
a
TRL.
The
one-year
period
may
be
offset
by
4
any
time
a
person
had
an
IID
installed
on
the
person's
vehicle
5
while
operating
with
a
TRL.
6
This
bill
expands
that
provision.
After
reinstatement
of
a
7
driver’s
license
other
than
a
TRL,
a
person
with
no
previous
8
revocation
under
Code
chapter
321J
must
maintain
an
IID
for
180
9
days
if
the
violation
did
not
involve
personal
injury
or
death.
10
If
it
did,
the
person
with
no
previous
revocation
under
Code
11
chapter
321J
is
subject
to
the
one-year
IID
requirement
under
12
current
law.
The
bill
allows
an
exemption
for
persons
who
do
13
not
own
or
have
access
to
a
motor
vehicle.
14
These
IID
periods
may
be
extended
based
on
compliance-based
15
removal
(CBR)
provisions.
If
an
IID
detects
a
violation
by
a
16
person
during
the
90-day
period
immediately
preceding
the
date
17
on
which
the
period
of
time
a
person
is
required
to
maintain
18
an
IID
for
driver’s
license
reinstatement
ends,
the
period
of
19
time
is
extended
until
the
person
completes
90
consecutive
days
20
without
a
violation,
as
determined
by
the
DOT
based
on
an
IID
21
provider’s
compliance
report
submitted
in
accordance
with
the
22
bill.
The
IID
provider
must
generate
and
submit
the
report
to
23
the
DOT
no
earlier
than
the
date
on
which
the
period
of
time
24
a
person
is
required
to
maintain
an
IID
for
driver’s
license
25
reinstatement
ends,
and
no
later
than
seven
business
days
26
following
that
date.
The
IID
provider
is
required
to
generate
27
and
submit
a
subsequent
report
to
the
DOT
in
this
manner
based
28
on
any
subsequent
extensions,
if
any.
29
The
bill
does
not
limit
the
number
of
times
an
IID
30
requirement
for
driver’s
license
reinstatement
for
a
person
may
31
be
extended.
32
Under
the
bill,
a
violation
includes
failing
to
provide
a
33
detectable
breath
sample
when
prompted
by
the
IID,
providing
34
a
breath
sample
with
a
level
of
alcohol
concentration
beyond
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which
an
IID
will
not
allow
operation
of
the
motor
vehicle,
and
1
removing
without
authorization,
bypassing,
circumventing,
or
2
tampering
with
the
IID,
including
any
such
attempt,
detected
3
by
the
device.
However,
it
is
not
a
violation
under
CBR
if
a
4
person
provides
a
detectable
breath
sample
and
successfully
5
passes
a
test
immediately
following
the
first
failed
test
or
in
6
response
to
a
bypass
or
circumvention
attempt.
7
The
bill
adds
a
requirement
that
new
IIDs
contain
a
camera
to
8
take
still
photographs
in
circumstances
set
forth
in
the
bill.
9
The
bill
strikes
a
provision
allowing
a
person
whose
10
driver’s
license
has
been
revoked
under
Code
section
321J.21
to
11
apply
to
the
DOT
for
a
TRL
without
the
requirement
of
an
IID
if
12
at
least
12
years
have
elapsed
since
the
end
of
the
underlying
13
revocation
period
for
a
violation
of
Code
section
321J.2.
14
Under
the
bill,
a
person
who
removes
an
IID
without
15
authorization
commits
a
serious
misdemeanor.
A
serious
16
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
17
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
18
The
bill
creates
a
new
criminal
offense
for
a
person
who
19
has
a
TRL
and
who
operates
a
motor
vehicle
without
an
IID
20
installed.
The
penalties
range
from
a
serious
misdemeanor
21
(first
offense)
to
an
aggravated
misdemeanor
with
a
48-hour
22
minimum
term
of
imprisonment
in
a
county
jail
(third
or
23
subsequent
offense).
An
aggravated
misdemeanor
is
punishable
24
by
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
25
$855
but
not
more
than
$8,540.
26
The
bill
takes
effect
January
1,
2024,
and
sets
forth
27
applicability
provisions.
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