House File 624 - Introduced HOUSE FILE 624 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 217) 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 2503HV (1) 90 th/ns
H.F. 624 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2023, is amended to read as follows: 2 d. Revocation of the persons drivers 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of a violation of section 14 321J.2 and the defendants drivers license or nonresident 15 operating privilege has not been revoked under section 321J.9 16 or 321J.12 for the occurrence from which the arrest arose, the 17 department shall revoke the defendants drivers license or 18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 defendants drivers 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of section 31 321J.2 , and the defendants drivers license or nonresident 32 operating privilege has not already been revoked under section 33 321J.9 or 321J.12 for the occurrence from which the arrest 34 arose, the department shall revoke the defendants drivers 35 -1- LSB 2503HV (1) 90 th/ns 1/ 11
H.F. 624 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 defendants drivers 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 drivers 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 defendants 17 drivers 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 defendants drivers 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 defendants drivers 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- LSB 2503HV (1) 90 th/ns 2/ 11
H.F. 624 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 drivers 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 must 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 c. The order to install ignition interlock devices shall 17 remain in effect for a period of time as determined by the 18 court which shall not exceed the maximum term of imprisonment 19 which the court could have imposed according to the nature of 20 the violation , unless otherwise extended under this chapter . 21 While the order is in effect, the defendant shall not operate 22 a motor vehicle which does not have an approved ignition 23 interlock device installed. 24 Sec. 4. Section 321J.9, subsection 2, Code 2023, is amended 25 to read as follows: 26 2. The department shall require the defendant to install 27 an ignition interlock device of a type approved by the 28 commissioner of public safety on all vehicles owned or 29 operated by the defendant if the defendant seeks a temporary 30 restricted license under section 321J.20 or as a condition of 31 reinstatement as provided in section 321J.17 . However, if 32 the defendant has had no previous conviction or revocation 33 under this chapter , the department shall only require the 34 defendant to install an approved ignition interlock device on 35 -3- LSB 2503HV (1) 90 th/ns 3/ 11
H.F. 624 all vehicles operated by the defendant if the defendant seeks 1 a temporary restricted license under section 321J.20 or as a 2 condition of reinstatement as provided in section 321J.17 . 3 A temporary restricted license shall not be granted and a 4 drivers license shall not be reinstated by the department 5 until the defendant installs the ignition interlock device. 6 Sec. 5. Section 321J.12, subsection 2, Code 2023, is amended 7 to read as follows: 8 2. The department shall require the defendant to install 9 an ignition interlock device of a type approved by the 10 commissioner of public safety on all vehicles owned or 11 operated by the defendant if the defendant seeks a temporary 12 restricted license under section 321J.20 or as a condition of 13 reinstatement as provided in section 321J.17 . However, if 14 the defendant has had no previous conviction or revocation 15 under this chapter , the department shall only require the 16 defendant to install an approved ignition interlock device on 17 all vehicles operated by the defendant if the defendant seeks 18 a temporary restricted license under section 321J.20 or as a 19 condition of reinstatement as provided in section 321J.17 . 20 A temporary restricted license shall not be granted and a 21 drivers license shall not be reinstated by the department 22 until the defendant installs the ignition interlock device. 23 Sec. 6. Section 321J.17, subsection 3, Code 2023, is amended 24 to read as follows: 25 3. a. The department shall also require certification of 26 installation of an ignition interlock device of a type approved 27 by the commissioner of public safety on all of the following 28 motor vehicles: 29 (1) All motor vehicles operated by a person seeking 30 reinstatement if the person has had no previous conviction or 31 revocation under this chapter. 32 (2) All motor vehicles owned or operated by any a person 33 seeking reinstatement following a second or subsequent 34 revocation under section 321J.4 , 321J.9 , or 321J.12 this 35 -4- LSB 2503HV (1) 90 th/ns 4/ 11
H.F. 624 chapter . The 1 b. Unless otherwise extended under this chapter, the 2 requirement for the installation of an approved ignition 3 interlock device shall be for one year from the date of 4 reinstatement unless a longer time period is required by 5 statute. one of the following periods of time, as applicable: 6 (1) One hundred eighty days from the date of reinstatement 7 if the person is not subject to subparagraph (2). 8 (2) One year from the date of reinstatement if the person 9 has had a previous revocation under this chapter, or if the 10 person is seeking reinstatement following a revocation under 11 section 321J.4, subsection 5 or 6, regardless of whether the 12 person has had a previous revocation under this chapter. 13 c. The one-year period of time a person is required to 14 maintain an ignition interlock device under this subsection 15 shall be reduced by any period of time the person held a 16 valid temporary restricted license during the period of the 17 revocation for the occurrence from which the arrest arose. The 18 d. The period of time a person is required to maintain 19 an ignition interlock device under this subsection shall be 20 increased if required in accordance with the compliance-based 21 removal procedures provided in section 321J.17A. 22 e. A person shall not operate any motor vehicle which 23 is not equipped with an approved ignition interlock device 24 during the period in which an ignition interlock device must be 25 maintained, and the department shall not grant reinstatement 26 unless the person certifies installation of an ignition 27 interlock device as required in this subsection . In addition 28 to other penalties provided by law, the department shall revoke 29 the drivers license of a person who is required to maintain 30 an ignition interlock device if the person operates a motor 31 vehicle which does not have an approved ignition interlock 32 device or removes the ignition interlock device without 33 authorization. 34 f. This subsection does not apply to a person who has had 35 -5- LSB 2503HV (1) 90 th/ns 5/ 11
H.F. 624 no previous conviction or revocation under this chapter if 1 the person receives an exemption from the department because 2 the person does not own or have access to a motor vehicle. 3 The person shall file a declaration to that effect with the 4 department, on a form prescribed by the department, which must 5 be approved by the department prior to the exemption being 6 granted. 7 g. The department shall adopt rules pursuant to chapter 17A 8 to implement this subsection. 9 Sec. 7. NEW SECTION . 321J.17A Compliance-based removal. 10 1. If an ignition interlock device detects a violation by 11 a person during the ninety-day period immediately preceding 12 the date on which the period of time a person is required to 13 maintain an ignition interlock device under section 321J.17 14 ends, the period of time a person is required to maintain 15 an ignition interlock device under section 321J.17 shall be 16 extended until the person completes ninety consecutive days 17 without a violation detected by an ignition interlock device, 18 as determined by the department based on an approved ignition 19 interlock device providers compliance report submitted in 20 accordance with this section. Nothing in this section shall 21 limit the number of subsequent extensions a person may receive 22 following a violation detected by an ignition interlock device. 23 2. a. An approved ignition interlock device provider shall 24 generate and submit a compliance report to the department for 25 each person who maintains an ignition interlock device of the 26 provider for purposes of meeting the requirements of section 27 321J.17. The compliance report must indicate every associated 28 motor vehicle and the associated ignition interlock device 29 installed on each motor vehicle. The compliance report must 30 include all of the following details, as applicable: 31 (1) If an ignition interlock device detected a violation, 32 the date and type of violation. 33 (2) If an ignition interlock device detected no violations 34 during the ninety days immediately preceding the report, the 35 -6- LSB 2503HV (1) 90 th/ns 6/ 11
H.F. 624 fact that no violations were detected. 1 b. An approved ignition interlock device provider shall 2 generate the compliance report and submit it to the department 3 no earlier than the date on which the period of time a person is 4 required to maintain an ignition interlock device under section 5 321J.17 ends, and no later than seven business days following 6 that date. The provider shall again generate and submit a 7 subsequent report to the department in this manner based on any 8 subsequent extensions as provided in this section, if any. 9 3. a. For purposes of this section, a violation includes 10 any of the following: 11 (1) Failing to provide a detectable breath sample to the 12 ignition interlock device when prompted by the device. 13 (2) Providing a breath sample to an ignition interlock 14 device with a level of alcohol concentration beyond which an 15 ignition interlock device will not allow operation of the motor 16 vehicle in which it is installed, pursuant to rules established 17 by the department of public safety under section 321J.4, 18 subsection 8. 19 (3) Removing without authorization, bypassing, 20 circumventing, or tampering with the ignition interlock device, 21 including any such attempt, detected by the device. 22 b. Notwithstanding paragraph a , it is not a violation 23 under this section if a person provides a detectable breath 24 sample and successfully passes a test immediately following the 25 first failed test or in response to a bypass or circumvention 26 attempt as described in paragraph a , and a violation shall not 27 be reported. 28 4. The department shall adopt rules pursuant to chapter 17A 29 prescribing the form and manner of communication pursuant to 30 this section, and may otherwise adopt rules as necessary to 31 administer this section. 32 Sec. 8. Section 321J.20, subsections 2, 3, and 7, Code 2023, 33 are amended to read as follows: 34 2. A temporary restricted license issued under this section 35 -7- LSB 2503HV (1) 90 th/ns 7/ 11
H.F. 624 shall not be issued until the applicant installs an approved 1 ignition interlock device on all motor vehicles owned or 2 operated by the applicant. However, if the applicant has 3 had no previous conviction or revocation under this chapter , 4 a temporary restricted license issued under this section 5 shall not be issued until the applicant installs an approved 6 ignition interlock device on all motor vehicles operated by 7 the applicant. Installation of an ignition interlock device 8 under this section shall be required for the period of time 9 for which the temporary restricted license is issued, and for 10 such additional period of time following reinstatement as 11 is required under section 321J.17, subsection 3 . However, 12 a person whose drivers license or nonresident operating 13 privilege has been revoked under section 321J.21 may apply to 14 the department for a temporary restricted license without the 15 requirement of an ignition interlock device if at least twelve 16 years have elapsed since the end of the underlying revocation 17 period for a violation of section 321J.2 . 18 3. In addition to other penalties provided by law, a 19 persons temporary restricted license shall be revoked if the 20 person is required to install an ignition interlock device and 21 the person does any of the following: 22 a. Operates operates a motor vehicle which does not have 23 an approved ignition interlock device or removes the ignition 24 interlock device without authorization . 25 b. Tampers with or circumvents an ignition interlock device. 26 7. A person who tampers with , removes without 27 authorization, or circumvents an ignition interlock device 28 installed as required in this chapter and while the requirement 29 for the ignition interlock device is in effect commits a 30 serious misdemeanor. 31 Sec. 9. Section 321J.20, Code 2023, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 7A. A person who holds a temporary 34 restricted license and who operates a motor vehicle without 35 -8- LSB 2503HV (1) 90 th/ns 8/ 11
H.F. 624 an ignition interlock device installed commits one of the 1 following, as applicable: 2 a. For a first offense, a serious misdemeanor. 3 b. For a second offense, an aggravated misdemeanor. 4 c. For a third or subsequent offense, an aggravated 5 misdemeanor with a minimum period of imprisonment in the county 6 jail of forty-eight hours. 7 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 8 2024. 9 Sec. 11. APPLICABILITY. This Act applies to drivers 10 license revocations under chapter 321J, as amended in this 11 Act, for which the underlying offense occurred on or after the 12 effective date of this Act. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 Under current law, a person whose drivers license is 17 revoked for operating while intoxicated (OWI) is required to 18 install an ignition interlock device (IID) prior to being 19 issued a temporary restricted license (TRL) by the department 20 of transportation (DOT). The IID must be installed on every 21 vehicle owned or operated by the person, or every vehicle 22 operated by the person if the person has had no previous 23 conviction or revocation under Code chapter 321J. 24 Current law also requires a person with a second or 25 subsequent drivers license revocation for OWI to install an 26 IID for a minimum of one year after reinstatement of a drivers 27 license other than a TRL. The one-year period may be offset by 28 any time a person had an IID installed on the person's vehicle 29 while operating with a TRL. 30 This bill expands that provision. After reinstatement of a 31 drivers license other than a TRL, a person with no previous 32 revocation under Code chapter 321J must maintain an IID for 180 33 days if the violation did not involve personal injury or death. 34 If it did, the person with no previous revocation under Code 35 -9- LSB 2503HV (1) 90 th/ns 9/ 11
H.F. 624 chapter 321J is subject to the one-year IID requirement under 1 current law. The bill allows an exemption for persons who do 2 not own or have access to a motor vehicle. 3 These IID periods may be extended based on compliance-based 4 removal (CBR) provisions. If an IID detects a violation by a 5 person during the 90-day period immediately preceding the date 6 on which the period of time a person is required to maintain 7 an IID for drivers license reinstatement ends, the period of 8 time is extended until the person completes 90 consecutive days 9 without a violation, as determined by the DOT based on an IID 10 providers compliance report submitted in accordance with the 11 bill. The IID provider must generate and submit the report to 12 the DOT no earlier than the date on which the period of time 13 a person is required to maintain an IID for drivers license 14 reinstatement ends, and no later than seven business days 15 following that date. The IID provider is required to generate 16 and submit a subsequent report to the DOT in this manner based 17 on any subsequent extensions, if any. 18 The bill does not limit the number of times an IID 19 requirement for drivers license reinstatement for a person may 20 be extended. 21 Under the bill, a violation includes failing to provide a 22 detectable breath sample when prompted by the IID, providing 23 a breath sample with a level of alcohol concentration beyond 24 which an IID will not allow operation of the motor vehicle, and 25 removing without authorization, bypassing, circumventing, or 26 tampering with the IID, including any such attempt, detected 27 by the device. However, it is not a violation under CBR if a 28 person provides a detectable breath sample and successfully 29 passes a test immediately following the first failed test or in 30 response to a bypass or circumvention attempt. 31 The bill strikes a provision allowing a person whose 32 drivers license has been revoked under Code section 321J.21 to 33 apply to the DOT for a TRL without the requirement of an IID if 34 at least 12 years have elapsed since the end of the underlying 35 -10- LSB 2503HV (1) 90 th/ns 10/ 11
H.F. 624 revocation period for a violation of Code section 321J.2. 1 Under the bill, a person who removes an IID without 2 authorization commits a serious misdemeanor. A serious 3 misdemeanor is punishable by confinement for no more than one 4 year and a fine of at least $430 but not more than $2,560. 5 The bill creates a new criminal offense for a person who 6 has a TRL and who operates a motor vehicle without an IID 7 installed. The penalties range from a serious misdemeanor 8 (first offense) to an aggravated misdemeanor with a 48-hour 9 minimum term of imprisonment in a county jail (third or 10 subsequent offense). An aggravated misdemeanor is punishable 11 by confinement for no more than two years and a fine of at least 12 $855 but not more than $8,540. 13 The bill takes effect January 1, 2024, and applies to 14 drivers license revocations for Code chapter 321J offenses 15 occurring on or after that date. 16 -11- LSB 2503HV (1) 90 th/ns 11/ 11