Senate File 2261 - Introduced SENATE FILE 2261 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3015) (COMPANION TO LSB 5491HV BY COMMITTEE ON PUBLIC SAFETY) 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 5491SV (1) 90 th/ns
S.F. 2261 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2024, 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 2024, 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of a violation of section 14 321J.2 and the defendants drivers license or nonresident 15 operating privilege has not been revoked under section 321J.9 16 or 321J.12 for the occurrence from which the arrest arose, the 17 department shall revoke the defendants drivers license or 18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 5491SV (1) 90 th/ns 1/ 12
S.F. 2261 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 5491SV (1) 90 th/ns 2/ 12
S.F. 2261 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 a, b, c, 7 and d, Code 2024, are amended to read as follows: 8 a. On a conviction for or as a condition of a deferred 9 judgment for a violation of section 321J.2 , the court may 10 order the defendant to install ignition interlock devices 11 of a type approved by the commissioner of public safety on 12 all motor vehicles owned or operated by the defendant which, 13 without tampering or the intervention of another person, would 14 prevent the defendant from operating the motor vehicle with an 15 alcohol concentration greater than a level set by rule of the 16 commissioner of public safety. However, if the defendant has 17 had no previous conviction or revocation under this chapter , 18 the courts order shall require the defendant to install 19 approved ignition interlock devices only on all motor vehicles 20 operated by the defendant. 21 b. The commissioner of public safety shall adopt rules to 22 approve certain ignition interlock devices and the means of 23 installation of the devices, and shall establish the level of 24 alcohol concentration beyond which an ignition interlock device 25 will not allow operation of the motor vehicle in which it is 26 installed , in accordance with section 321J.17A . 27 c. The order to install ignition interlock devices shall 28 remain in effect for a period of time as determined by the 29 court which shall not exceed the maximum term of imprisonment 30 which the court could have imposed according to the nature of 31 the violation , unless otherwise extended under this chapter . 32 While the order is in effect, the defendant shall not operate 33 a motor vehicle which does not have an approved ignition 34 interlock device installed. 35 -3- LSB 5491SV (1) 90 th/ns 3/ 12
S.F. 2261 d. If the defendants drivers license or nonresident 1 operating privilege has been revoked, the department shall not 2 issue a temporary permit or a drivers license to the person 3 without certification that approved ignition interlock devices 4 have been installed on all motor vehicles owned or operated by 5 the defendant while the order is in effect. However, if the 6 defendant has had no previous conviction or revocation under 7 this chapter , the department shall require certification that 8 approved ignition interlock devices have been installed only on 9 all motor vehicles operated by the defendant. 10 Sec. 4. Section 321J.4, subsection 8, Code 2024, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . g. An ignition interlock device provider 13 shall not impose an early termination fee if the defendant is 14 no longer required to have a device installed and presents an 15 unrestricted drivers license to the provider prior to the 16 end of the term for which the provider agreed to provide the 17 defendant with a device. 18 Sec. 5. Section 321J.9, subsection 2, Code 2024, is amended 19 to read as follows: 20 2. The department shall require the defendant to install 21 an ignition interlock device of a type approved by the 22 commissioner of public safety on all vehicles owned or 23 operated by the defendant if the defendant seeks a temporary 24 restricted license under section 321J.20 or as a condition of 25 reinstatement as provided in section 321J.17 . However, if 26 the defendant has had no previous conviction or revocation 27 under this chapter , the department shall only require the 28 defendant to install an approved ignition interlock device 29 on all vehicles operated by the defendant if the defendant 30 seeks a temporary restricted license. A temporary restricted 31 license shall not be granted and a drivers license shall not 32 be reinstated by the department until the defendant installs 33 the ignition interlock device. 34 Sec. 6. Section 321J.12, subsection 2, Code 2024, is amended 35 -4- LSB 5491SV (1) 90 th/ns 4/ 12
S.F. 2261 to read as follows: 1 2. The department shall require the defendant to install 2 an ignition interlock device of a type approved by the 3 commissioner of public safety on all vehicles owned or 4 operated by the defendant if the defendant seeks a temporary 5 restricted license under section 321J.20 or as a condition of 6 reinstatement as provided in section 321J.17 . However, if 7 the defendant has had no previous conviction or revocation 8 under this chapter , the department shall only require the 9 defendant to install an approved ignition interlock device 10 on all vehicles operated by the defendant if the defendant 11 seeks a temporary restricted license. A temporary restricted 12 license shall not be granted and a drivers license shall not 13 be reinstated by the department until the defendant installs 14 the ignition interlock device. 15 Sec. 7. Section 321J.17, subsection 3, Code 2024, is amended 16 to read as follows: 17 3. a. The department shall also require certification of 18 installation of an ignition interlock device of a type approved 19 by the commissioner of public safety on all motor vehicles 20 owned or operated by any a person seeking reinstatement 21 following a second or subsequent revocation under section 22 321J.4 , 321J.9 , or 321J.12 this chapter . The 23 b. Unless otherwise extended under this chapter, the 24 requirement for the installation of an approved ignition 25 interlock device shall be for one year from the date of 26 reinstatement unless a longer time period is required by 27 statute. of the following periods of time, as applicable: 28 (1) One hundred eighty days from the date of reinstatement 29 if the person has had no previous revocation under this 30 chapter. 31 (2) One year from the date of reinstatement if the person 32 has had a previous revocation under this chapter. 33 (3) A longer period of time if required by statute. 34 c. The one-year period of time a person is required to 35 -5- LSB 5491SV (1) 90 th/ns 5/ 12
S.F. 2261 maintain an ignition interlock device under this subsection 1 shall be reduced by any period of time the person held a 2 valid temporary restricted license during the period of the 3 revocation for the occurrence from which the arrest arose. 4 d. The period of time a person is required to maintain 5 an ignition interlock device under this subsection shall be 6 increased if required in accordance with the compliance-based 7 removal procedures provided in section 321J.17A. 8 e. A 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 as required in this subsection . In addition 14 to other penalties provided by law, the department shall revoke 15 the drivers license of a person who is required to maintain 16 an ignition interlock device if the person operates a motor 17 vehicle which does not have an approved ignition interlock 18 device or removes the ignition interlock device without 19 authorization. 20 f. The department shall adopt rules pursuant to chapter 17A 21 to implement this subsection. 22 Sec. 8. NEW SECTION . 321J.17A Compliance-based removal. 23 1. The period of time a person is required to maintain 24 an ignition interlock device under section 321J.17 shall be 25 extended by an additional sixty days per occurrence for any of 26 the following occurrences detected by an ignition interlock 27 device: 28 a. Ten or more violations within a thirty-day period. 29 b. Five or more violations within a twenty-four-hour period. 30 c. Tampering with or attempting to circumvent the ignition 31 interlock device. 32 d. Removing the ignition interlock device without 33 authorization. 34 2. Nothing in this section limits the number of subsequent 35 -6- LSB 5491SV (1) 90 th/ns 6/ 12
S.F. 2261 extensions a person may receive following an occurrence 1 detected by an ignition interlock device. 2 3. a. An approved ignition interlock device provider shall 3 generate and submit a compliance report to the department for 4 each person who maintains an ignition interlock device of the 5 provider for purposes of meeting the requirements of section 6 321J.17. The compliance report must indicate every associated 7 motor vehicle and the associated ignition interlock device 8 installed on each motor vehicle. The compliance report must 9 include any occurrence listed in subsection 1 detected by the 10 device, if applicable. 11 b. An approved ignition interlock device provider shall 12 generate the compliance report and submit it to the department 13 no earlier than the date on which the period of time a person is 14 required to maintain an ignition interlock device under section 15 321J.17 ends, and no later than seven business days following 16 that date. The provider shall again generate and submit a 17 subsequent report to the department in this manner based on any 18 subsequent extensions as provided in this section, if any. 19 4. a. For purposes of this section, a violation includes 20 any of the following: 21 (1) Failing to provide a detectable breath sample to the 22 ignition interlock device when prompted by the device. 23 (2) Providing a breath sample to an ignition interlock 24 device with an alcohol concentration of .04 or more. 25 b. Notwithstanding paragraph a , it is not a violation 26 under this section if a person provides a detectable breath 27 sample and successfully passes a test immediately following the 28 first failed test or in response to a bypass or circumvention 29 attempt as described in paragraph a , and a violation shall not 30 be reported. 31 5. The department shall adopt rules pursuant to chapter 17A 32 prescribing the form and manner of communication pursuant to 33 this section, and may otherwise adopt rules as necessary to 34 administer this section. 35 -7- LSB 5491SV (1) 90 th/ns 7/ 12
S.F. 2261 Sec. 9. Section 321J.20, subsections 1, 2, 3, and 7, Code 1 2024, are amended to read as follows: 2 1. The department may, on application, issue a temporary 3 restricted license to a person whose noncommercial drivers 4 license is revoked under this chapter , or revoked or suspended 5 under chapter 321 solely for violations of this chapter, or who 6 has been determined to be a habitual offender under chapter 321 7 based solely on violations of this chapter or on violations 8 listed in section 321.560, subsection 1 , paragraph b , 9 allowing the person to operate a motor vehicle in any manner 10 allowed for a person issued a valid class C drivers license, 11 unless otherwise prohibited by this chapter . This subsection 12 does not apply to a person under the age of eighteen whose 13 license was revoked under section 321J.2A , to a person whose 14 license was revoked under section 321J.4, subsection 6 , for the 15 period during which the person is ineligible for a temporary 16 restricted license, or to a person whose license is suspended 17 or revoked for another reason. 18 2. A temporary restricted license issued under this section 19 shall not be issued until the applicant installs an approved 20 ignition interlock device on all motor vehicles owned or 21 operated by the applicant. However, if the applicant has 22 had no previous conviction or revocation under this chapter , 23 a temporary restricted license issued under this section 24 shall not be issued until the applicant installs an approved 25 ignition interlock device on all motor vehicles operated by 26 the applicant. Installation of an ignition interlock device 27 under this section shall be required for the period of time 28 for which the temporary restricted license is issued, and for 29 such additional period of time following reinstatement as 30 is required under section 321J.17, subsection 3 . However, 31 a person whose drivers license or nonresident operating 32 privilege has been revoked under section 321J.21 may apply to 33 the department for a temporary restricted license without the 34 requirement of an ignition interlock device if at least twelve 35 -8- LSB 5491SV (1) 90 th/ns 8/ 12
S.F. 2261 years have elapsed since the end of the underlying revocation 1 period for a violation of section 321J.2 . 2 3. In addition to other penalties provided by law, a 3 persons temporary restricted license shall be revoked if the 4 person is required to install an ignition interlock device and 5 the person does any of the following: 6 a. Operates operates a motor vehicle which does not have 7 an approved ignition interlock device or removes the ignition 8 interlock device without authorization . 9 b. Tampers with or circumvents an ignition interlock device. 10 7. A person who tampers with , removes without 11 authorization, or circumvents an ignition interlock device 12 installed as required in this chapter and while the requirement 13 for the ignition interlock device is in effect commits a 14 serious misdemeanor. 15 Sec. 10. NEW SECTION . 321J.20A Ignition interlock device 16 medical waiver. 17 1. The department shall adopt rules pursuant to chapter 17A 18 establishing criteria to waive the requirement to install an 19 ignition interlock device under this chapter if a person has 20 a verifiable medical condition, as determined in accordance 21 with the rules, that makes the person incapable of properly 22 operating an ignition interlock device. The rules must 23 align with the special exception provisions under 23 U.S.C. 24 164(a)(6). 25 2. Notwithstanding any other provision of this chapter 26 to the contrary, if the department waives the requirement 27 to install an ignition interlock device, the person is not 28 required to install an ignition interlock device to receive a 29 temporary restricted license as provided in section 321J.20 or 30 as a condition of license reinstatement as provided in section 31 321J.17. 32 3. A temporary restricted license issued to a person who 33 received a medical waiver pursuant to this section shall only 34 authorize the person to operate a motor vehicle as described in 35 -9- LSB 5491SV (1) 90 th/ns 9/ 12
S.F. 2261 section 321.215, subsection 1, paragraph a . 1 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1, 2 2025. 3 Sec. 12. APPLICABILITY. This Act applies to drivers 4 license revocations under chapter 321J, as amended in this 5 Act, for which the underlying offense occurred on or after the 6 effective date of this Act. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 Under current law, a person whose drivers license is 11 revoked for operating while intoxicated (OWI) is required to 12 install an ignition interlock device (IID) prior to being 13 issued a temporary restricted license (TRL) by the department 14 of transportation (DOT). The IID must be installed on every 15 vehicle owned or operated by the person, or every vehicle 16 operated by the person if the person has had no previous 17 conviction or revocation under Code chapter 321J. This bill 18 instead requires an IID to be installed only on every vehicle 19 operated by a person, regardless of previous convictions or 20 revocations. 21 Current law requires the department of public safety to 22 establish by rule the level of alcohol concentration beyond 23 which an IID will not allow operation of the motor vehicle in 24 which it is installed (.025 under 661 IAC 158.6). The bill 25 specifies the minimum level of alcohol concentration is .04. 26 Current law also requires a person with a second or 27 subsequent drivers license revocation for OWI to install an 28 IID for a minimum of one year after reinstatement of a drivers 29 license other than a TRL. The one-year period may be offset by 30 any time a person had an IID installed on the person's vehicle 31 while operating with a TRL. The bill expands that provision. 32 After reinstatement of a drivers license other than a TRL, a 33 person with no previous revocation under Code chapter 321J must 34 maintain an IID for 180 days. 35 -10- LSB 5491SV (1) 90 th/ns 10/ 12
S.F. 2261 These IID periods may be extended based on compliance-based 1 removal (CBR) provisions. The period of time a person is 2 required to maintain an IID will be extended by 60 days each 3 time an IID detects 10 or more violations within a 30-day 4 period, five or more violations within a 24-hour period, 5 tampering with or attempting to circumvent the IID, or removing 6 the IID without authorization. The IID provider must generate 7 and submit a compliance report to the DOT no earlier than 8 the date on which the period of time a person is required to 9 maintain an IID for drivers license reinstatement ends, and no 10 later than seven business days following that date. The IID 11 provider is required to generate and submit a subsequent report 12 to the DOT in this manner based on any subsequent extensions, 13 if any. 14 The bill does not limit the number of times an IID 15 requirement for drivers license reinstatement for a person may 16 be extended. 17 Under the bill, a violation includes failing to provide a 18 detectable breath sample when prompted by the IID and providing 19 a breath sample with a level of alcohol concentration of .04 20 or more. However, it is not a violation under CBR if a person 21 provides a detectable breath sample and successfully passes a 22 test immediately following the first failed test or in response 23 to a bypass or circumvention attempt. 24 Under the bill, a person who removes an IID without 25 authorization commits a serious misdemeanor. A serious 26 misdemeanor is punishable by confinement for no more than one 27 year and a fine of at least $430 but not more than $2,560. 28 Current law authorizes the DOT to issue a TRL to a person 29 whose noncommercial drivers license is revoked as a result of 30 an OWI violation. The TRL allows the person to operate a motor 31 vehicle in any manner allowed for a person issued a valid class 32 C drivers license, unless otherwise prohibited by Code chapter 33 321J. The bill prohibits the DOT from issuing such a TRL to a 34 person under the age of 18 whose license was revoked under Code 35 -11- LSB 5491SV (1) 90 th/ns 11/ 12
S.F. 2261 section 321J.2A. Previously, the prohibition applied to anyone 1 whose drivers license was revoked under Code section 321J.2A 2 (OWI for persons under 21). 3 The bill authorizes the DOT to adopt rules in accordance 4 with federal law to waive the requirement to install an IID 5 if a person has a verifiable medical condition that makes the 6 person incapable of properly operating an IID. If a person 7 with a verifiable medical condition receives a medical waiver 8 and is issued a TRL, the TRL only authorizes the person to 9 drive from the persons home to the persons employment, health 10 care appointments including such appointments for another who 11 is dependent on the person, education programs, substance 12 use disorder treatments, court-ordered community service 13 responsibilities, and appointments with a parole or probation 14 officer. 15 The bill takes effect January 1, 2025, and applies to 16 drivers license revocations under Code chapter 321J for which 17 the underlying offense occurred on or after that date. 18 -12- LSB 5491SV (1) 90 th/ns 12/ 12