Bill Text: IA SSB3059 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to participation in the sobriety and drug monitoring program.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Committee report approving bill, renumbered as SF 2381. [SSB3059 Detail]
Download: Iowa-2019-SSB3059-Introduced.html
Senate
Study
Bill
3059
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
participation
in
the
sobriety
and
drug
1
monitoring
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5765XC
(3)
88
hf/ns
S.F.
_____
Section
1.
Section
901D.3,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
a.
A
person
who
has
been
required
to
participate
in
the
3
program
by
a
court
or
governmental
entity
and
whose
driver’s
4
license
is
suspended
or
revoked
shall
not
begin
participation
5
in
the
program
or
be
subject
to
the
testing
required
by
the
6
program
until
the
person
is
eligible
for
a
temporary
restricted
7
license
under
applicable
law.
8
b.
In
order
to
participate
in
the
program,
a
person
shall
be
9
required
to
install
an
approved
ignition
interlock
device
on
10
all
motor
vehicles
owned
or
operated
by
the
person.
11
c.
A
person
wishing
to
participate
in
the
program
who
has
12
been
charged
with,
pled
guilty
to,
or
been
convicted
of
an
13
eligible
offense,
but
has
not
been
required
by
a
court
or
14
governmental
entity
to
participate
in
the
program,
may
apply
15
to
the
court
or
governmental
entity
of
the
participating
16
jurisdiction
on
a
form
created
by
the
participating
17
jurisdiction,
and
the
court
or
governmental
entity
may
order
18
the
person
to
participate
in
the
program
as
a
condition
19
of
bond,
pretrial
release,
sentence,
probation,
parole,
20
or
a
temporary
restricted
license.
The
application
form
21
shall
include
an
itemization
of
all
costs
associated
with
22
participation
in
the
program.
23
Sec.
2.
Section
901D.7,
subsections
1
and
2,
Code
2020,
are
24
amended
to
read
as
follows:
25
1.
Subject
to
sections
901D.3
and
901D.6
,
a
participant
26
may
be
placed
in
the
program
as
a
condition
of
bond,
pretrial
27
release,
sentence,
probation,
parole,
or
a
temporary
28
restricted
license.
However,
a
person
who
has
been
required
to
29
participate
in
the
program
by
a
court
or
governmental
entity
30
and
whose
driver’s
license
is
suspended
or
revoked
shall
not
31
begin
participation
in
the
program
or
be
subject
to
the
testing
32
required
by
the
program
until
the
person
is
eligible
for
a
33
temporary
restricted
license
under
applicable
law.
34
2.
a.
An
order
or
directive
placing
a
participant
in
the
35
-1-
LSB
5765XC
(3)
88
hf/ns
1/
3
S.F.
_____
program
shall
include
the
all
of
the
following:
1
(1)
The
type
of
testing
required
to
be
administered
in
the
2
program
and
the
.
3
(2)
The
length
of
time
that
the
participant
is
required
to
4
remain
in
the
program
,
which
shall
be
for
no
less
than
ninety
5
days.
The
order
or
directive
shall
additionally
require
6
(3)
A
requirement
that
the
participant
not
have
failed
7
a
test
result
or
have
missed
a
required
testing
during
8
the
thirty-day
period
immediately
preceding
the
end
of
9
participation
in
the
program.
10
(4)
A
requirement
that
the
participant
submit
to
the
law
11
enforcement
agency
of
the
participating
jurisdiction
proof
12
that
the
participant
has
installed
an
approved
ignition
13
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
14
participant
prior
to
the
end
of
participation
in
the
program.
15
b.
The
person
issuing
the
order
or
directive
shall
send
a
16
copy
of
the
order
or
directive
to
the
law
enforcement
agency
of
17
the
participating
jurisdiction.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
eliminates
the
requirement
that
a
person
who
has
22
been
ordered
to
participate
in
the
sobriety
and
drug
monitoring
23
program
by
a
court
or
governmental
entity,
and
whose
driver’s
24
license
is
suspended
or
revoked,
be
eligible
for
a
temporary
25
restricted
license
before
beginning
participation
in
the
26
program
or
being
subject
to
testing
required
by
the
program.
27
The
bill
also
eliminates
the
requirement
that
a
person
install
28
an
approved
ignition
interlock
device
on
all
motor
vehicles
29
owned
or
operated
by
the
person
in
order
to
participate
in
the
30
program.
However,
the
bill
does
not
amend
or
eliminate
any
31
separate
requirement
to
install
an
approved
ignition
interlock
32
device
that
may
exist
based
on
the
person’s
underlying
offense.
33
The
bill
requires
an
order
or
directive
placing
a
34
participant
in
the
program
to
require
the
participant
to
submit
35
-2-
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5765XC
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hf/ns
2/
3
S.F.
_____
to
the
law
enforcement
agency
of
the
participating
jurisdiction
1
proof
that
the
participant
has
installed
an
approved
ignition
2
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
3
participant
prior
to
the
end
of
participation
in
the
program.
4
-3-
LSB
5765XC
(3)
88
hf/ns
3/
3
