Senate File 2261 - Reprinted SENATE FILE 2261 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3015) (COMPANION TO LSB 5491HV BY COMMITTEE ON PUBLIC SAFETY) (As Amended and Passed by the Senate April 1, 2024 ) 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 SF 2261 (2) 90 th/ns/mb
S.F. 2261 Section 1. Section 321J.4, subsections 2 and 4, Code 2024, 1 are amended to read as follows: 2 2. If a defendant is convicted of a violation of section 3 321J.2 , and the defendants drivers license or nonresident 4 operating privilege has not already been revoked under section 5 321J.9 or 321J.12 for the occurrence from which the arrest 6 arose, the department shall revoke the defendants drivers 7 license or nonresident operating privilege for one year if the 8 defendant submitted to chemical testing and has had a previous 9 conviction or revocation under this chapter and shall revoke 10 the defendants drivers license or nonresident operating 11 privilege for two years if the defendant refused to submit 12 to chemical testing and has had a previous revocation under 13 this chapter . The department shall require the defendant to 14 install an ignition interlock device of a type approved by the 15 commissioner of public safety on all vehicles owned or operated 16 by the defendant if the defendant seeks a temporary restricted 17 license. A temporary restricted license shall not be granted 18 by the department until the defendant installs the ignition 19 interlock device. 20 4. Upon a plea or verdict of guilty of a third or subsequent 21 violation of section 321J.2 , the department shall revoke the 22 defendants drivers license or nonresident operating privilege 23 for a period of six years. The department shall require the 24 defendant to install an ignition interlock device of a type 25 approved by the commissioner of public safety on all vehicles 26 owned or operated by the defendant if the defendant seeks a 27 temporary restricted license. A temporary restricted license 28 shall not be granted by the department until the defendant 29 installs the ignition interlock device. 30 Sec. 2. Section 321J.4, subsection 8, paragraphs a, b, c, 31 and d, Code 2024, are amended to read as follows: 32 a. On a conviction for or as a condition of a deferred 33 judgment for a violation of section 321J.2 , the court may 34 order the defendant to install ignition interlock devices 35 -1- SF 2261 (2) 90 th/ns/mb 1/ 8
S.F. 2261 of a type approved by the commissioner of public safety on 1 all motor vehicles owned or operated by the defendant which, 2 without tampering or the intervention of another person, would 3 prevent the defendant from operating the motor vehicle with an 4 alcohol concentration greater than a level set by rule of the 5 commissioner of public safety. However, if the defendant has 6 had no previous conviction or revocation under this chapter , 7 the courts order shall require the defendant to install 8 approved ignition interlock devices only on all motor vehicles 9 operated by the defendant. 10 b. The commissioner of public safety shall adopt rules to 11 approve certain ignition interlock devices and the means of 12 installation of the devices, and shall establish the level of 13 alcohol concentration beyond which an ignition interlock device 14 will not allow operation of the motor vehicle in which it is 15 installed , in accordance with section 321J.17A . 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 d. If the defendants drivers license or nonresident 25 operating privilege has been revoked, the department shall not 26 issue a temporary permit or a drivers license to the person 27 without certification that approved ignition interlock devices 28 have been installed on all motor vehicles owned or operated by 29 the defendant while the order is in effect. However, if the 30 defendant has had no previous conviction or revocation under 31 this chapter , the department shall require certification that 32 approved ignition interlock devices have been installed only on 33 all motor vehicles operated by the defendant. 34 Sec. 3. Section 321J.4, subsection 8, Code 2024, is amended 35 -2- SF 2261 (2) 90 th/ns/mb 2/ 8
S.F. 2261 by adding the following new paragraph: 1 NEW PARAGRAPH . g. An ignition interlock device provider 2 shall not impose an early termination fee if the defendant is 3 no longer required to have a device installed and presents an 4 unrestricted drivers license to the provider prior to the 5 end of the term for which the provider agreed to provide the 6 defendant with a device. 7 Sec. 4. Section 321J.9, subsection 2, Code 2024, is amended 8 to read as follows: 9 2. The department shall require the defendant to install 10 an ignition interlock device of a type approved by the 11 commissioner of public safety on all vehicles owned or 12 operated by the defendant if the defendant seeks a temporary 13 restricted license. However, if the defendant has had no 14 previous conviction or revocation under this chapter , the 15 department shall only require the defendant to install an 16 approved ignition interlock device on all vehicles operated by 17 the defendant if the defendant seeks a temporary restricted 18 license. A temporary restricted license shall not be granted 19 by the department until the defendant installs the ignition 20 interlock device. 21 Sec. 5. Section 321J.12, subsection 2, Code 2024, is amended 22 to read as follows: 23 2. The department shall require the defendant to install 24 an ignition interlock device of a type approved by the 25 commissioner of public safety on all vehicles owned or 26 operated by the defendant if the defendant seeks a temporary 27 restricted license. However, if the defendant has had no 28 previous conviction or revocation under this chapter , the 29 department shall only require the defendant to install an 30 approved ignition interlock device on all vehicles operated by 31 the defendant if the defendant seeks a temporary restricted 32 license. A temporary restricted license shall not be granted 33 by the department until the defendant installs the ignition 34 interlock device. 35 -3- SF 2261 (2) 90 th/ns/mb 3/ 8
S.F. 2261 Sec. 6. Section 321J.17, subsection 3, Code 2024, is amended 1 to read as follows: 2 3. a. The department shall also require certification of 3 installation of an ignition interlock device of a type approved 4 by the commissioner of public safety on all motor vehicles 5 owned or operated by any a person seeking reinstatement 6 following a second or subsequent revocation under section 7 321J.4, 321J.9, or 321J.12 this chapter, or following a 8 conviction for violating section 321J.21 . The 9 b. Unless otherwise extended under this chapter, the 10 requirement for the installation of an approved ignition 11 interlock device shall be for one year from the date of 12 reinstatement unless a longer time period is required by 13 statute. 14 c. The one-year period of time a person is required to 15 maintain an ignition interlock device under this subsection 16 shall be reduced by any period of time the person held a 17 valid temporary restricted license during the period of the 18 revocation for the occurrence from which the arrest arose. 19 d. The period of time a person is required to maintain 20 an ignition interlock device under this subsection shall be 21 increased if required in accordance with the compliance-based 22 removal procedures provided in section 321J.17A. 23 e. A person shall not operate any motor vehicle which 24 is not equipped with an approved ignition interlock device 25 during the period in which an ignition interlock device must be 26 maintained, and the department shall not grant reinstatement 27 unless the person certifies installation of an ignition 28 interlock device as required in this subsection . In addition 29 to other penalties provided by law, the department shall revoke 30 the drivers license of a person who is required to maintain 31 an ignition interlock device if the person operates a motor 32 vehicle which does not have an approved ignition interlock 33 device or removes the ignition interlock device without 34 authorization. 35 -4- SF 2261 (2) 90 th/ns/mb 4/ 8
S.F. 2261 f. The department shall adopt rules pursuant to chapter 17A 1 to implement this subsection. 2 Sec. 7. NEW SECTION . 321J.17A Compliance-based removal. 3 1. The period of time a person is required to maintain an 4 ignition interlock device under section 321J.17 or 321J.20 5 shall be extended by an additional sixty days per occurrence 6 for any of the following occurrences detected by an ignition 7 interlock device: 8 a. Ten or more violations within a thirty-day period. 9 b. Five or more violations within a twenty-four-hour period. 10 c. Tampering with or attempting to circumvent the ignition 11 interlock device. 12 d. Removing the ignition interlock device without 13 authorization. 14 2. Nothing in this section limits the number of subsequent 15 extensions a person may receive following an occurrence 16 detected by an ignition interlock device. 17 3. The department shall develop an electronic process in 18 which an approved ignition interlock device provider is able to 19 identify the start date of a drivers license revocation and to 20 provide notice of any violations and a final compliance report 21 to the department. 22 4. a. For purposes of this section, a violation includes 23 any of the following: 24 (1) Failing to provide a detectable breath sample to the 25 ignition interlock device when prompted by the device. 26 (2) Providing a breath sample to an ignition interlock 27 device with an alcohol concentration of .04 or more. 28 b. Notwithstanding paragraph a , it is not a violation 29 under this section if a person provides a detectable breath 30 sample and successfully passes a test immediately following the 31 first failed test or in response to a bypass or circumvention 32 attempt as described in paragraph a , and a violation shall not 33 be reported. 34 5. The department shall adopt rules pursuant to chapter 17A 35 -5- SF 2261 (2) 90 th/ns/mb 5/ 8
S.F. 2261 prescribing the form and manner of communication pursuant to 1 this section, and may otherwise adopt rules as necessary to 2 administer this section. 3 Sec. 8. Section 321J.20, subsections 1, 2, 3, and 7, Code 4 2024, are amended to read as follows: 5 1. The department may, on application, issue a temporary 6 restricted license to a person whose noncommercial drivers 7 license is revoked under this chapter , or revoked or suspended 8 under chapter 321 solely for violations of this chapter, or who 9 has been determined to be a habitual offender under chapter 321 10 based solely on violations of this chapter or on violations 11 listed in section 321.560, subsection 1 , paragraph b , 12 allowing the person to operate a motor vehicle in any manner 13 allowed for a person issued a valid class C drivers license, 14 unless otherwise prohibited by this chapter . This subsection 15 does not apply to a person under the age of eighteen whose 16 license was revoked under section 321J.2A , to a person whose 17 license was revoked under section 321J.4, subsection 6 , for the 18 period during which the person is ineligible for a temporary 19 restricted license, or to a person whose license is suspended 20 or revoked for another reason. 21 2. A temporary restricted license issued under this section 22 shall not be issued until the applicant installs an approved 23 ignition interlock device on all motor vehicles owned or 24 operated by the applicant. However, if the applicant has 25 had no previous conviction or revocation under this chapter , 26 a temporary restricted license issued under this section 27 shall not be issued until the applicant installs an approved 28 ignition interlock device on all motor vehicles operated by 29 the applicant. Installation of an ignition interlock device 30 under this section shall be required for the period of time 31 for which the temporary restricted license is issued, and for 32 such additional period of time following reinstatement as 33 is required under section 321J.17, subsection 3 . However, 34 a person whose drivers license or nonresident operating 35 -6- SF 2261 (2) 90 th/ns/mb 6/ 8
S.F. 2261 privilege has been revoked under section 321J.21 may apply to 1 the department for a temporary restricted license without the 2 requirement of an ignition interlock device if at least twelve 3 years have elapsed since the end of the underlying revocation 4 period for a violation of section 321J.2 . 5 3. In addition to other penalties provided by law, a 6 persons temporary restricted license shall be revoked if the 7 person is required to install an ignition interlock device and 8 the person does any of the following: 9 a. Operates operates a motor vehicle which does not have 10 an approved ignition interlock device or removes the ignition 11 interlock device without authorization . 12 b. Tampers with or circumvents an ignition interlock device. 13 7. A person who tampers with , removes without 14 authorization, or circumvents an ignition interlock device 15 installed as required in this chapter and while the requirement 16 for the ignition interlock device is in effect commits a 17 serious misdemeanor. 18 Sec. 9. NEW SECTION . 321J.20A Ignition interlock device 19 medical waiver. 20 1. The department shall adopt rules pursuant to chapter 17A 21 establishing criteria to waive the requirement to install an 22 ignition interlock device under this chapter if a person has 23 a verifiable medical condition, as determined in accordance 24 with the rules, that makes the person incapable of properly 25 operating an ignition interlock device. The rules must 26 align with the special exception provisions under 23 U.S.C. 27 164(a)(6). 28 2. Notwithstanding any other provision of this chapter 29 to the contrary, if the department waives the requirement 30 to install an ignition interlock device, the person is not 31 required to install an ignition interlock device to receive a 32 temporary restricted license. 33 3. A temporary restricted license issued to a person who 34 received a medical waiver pursuant to this section shall only 35 -7- SF 2261 (2) 90 th/ns/mb 7/ 8
S.F. 2261 authorize the person to operate a motor vehicle as described in 1 section 321.215, subsection 1, paragraph a . 2 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 3 2025. 4 Sec. 11. APPLICABILITY. This Act applies to drivers 5 license revocations under chapter 321J, as amended in this 6 Act, for which the underlying offense occurred on or after the 7 effective date of this Act. 8 -8- SF 2261 (2) 90 th/ns/mb 8/ 8