Senate File 506 - Introduced
SENATE FILE 506
BY CHAPMAN
A BILL FOR
1 An Act relating to operating-while-intoxicated offenses,
2 including the lookback period for prior convictions,
3 temporary restricted licenses, and ignition interlock
4 devices, providing penalties, and making penalties
5 applicable.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 321.12, subsection 4, Code 2021, is
2 amended to read as follows:
3 4. The director department shall not destroy any operating
4 records of a person still living pertaining to arrests or
5 convictions for operating while intoxicated, in violation of
6 section 321J.2, or reckless driving in violation of section
7 321.277 and public intoxication in violation of section 123.46,
8 subsection 2, following an arrest for a violation of section
9 321J.2, or operating records pertaining to revocations for
10 violations of section 321J.2A, except that a conviction or
11 revocation under section 321J.2 or 321J.2A that is not subject
12 to 49 C.F.R. pt. 383 shall be deleted from the operating
13 records twelve years after the date of conviction or the
14 effective date of revocation. Convictions or revocations that
15 are retained in the operating records for more than twelve
16 years under this subsection shall be considered only for
17 purposes of disqualification actions under 49 C.F.R. pt. 383.
18 Sec. 2. Section 321.101, Code 2021, is amended by adding the
19 following new subsection:
20 NEW SUBSECTION. 1A. When a vehicle is registered to
21 an owner subject to ignition interlock device requirements
22 pursuant to section 321J.20, the department shall suspend the
23 registration of the vehicle until the department receives
24 reasonable proof that the person has complied with section
25 321J.20. However, the department shall not suspend the
26 registration, or shall reinstate a registration suspended under
27 this subsection, if a family member of an owner who is subject
28 to ignition interlock device requirements submits an affidavit
29 to the department declaring that the family member regularly
30 operated the motor vehicle registered to the owner prior to
31 the owner’s revocation under chapter 321J and affirming the
32 family member will not knowingly allow the owner to operate the
33 motor vehicle. A person who submits such an affidavit and who
34 knowingly allows the owner to operate the vehicle or provides
35 access to and use of the vehicle to the owner while the owner
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1 is subject to ignition interlock device requirements and the
2 vehicle does not have an ignition interlock device installed is
3 guilty of a simple misdemeanor.
4 Sec. 3. Section 321J.2, subsection 3, paragraph d, Code
5 2021, is amended to read as follows:
6 d. Revocation of the person’s driver’s license for a minimum
7 period of one hundred eighty days up to a maximum revocation
8 period of one year, pursuant to section 321J.4, subsection
9 1, section 321J.9, or section 321J.12. The department shall
10 require the defendant to install an ignition interlock device
11 of a type approved by the commissioner of public safety on all
12 vehicles owned or operated by the defendant if the defendant
13 seeks a temporary restricted license.
14 Sec. 4. Section 321J.2, subsection 8, paragraph a, Code
15 2021, is amended to read as follows:
16 a. Any conviction or revocation deleted from motor vehicle
17 operating records pursuant to section 321.12 under this
18 section, or any conviction for reckless driving in violation of
19 section 321.277 and public intoxication in violation of section
20 123.46, subsection 2, following an arrest for a violation of
21 this section shall not be considered as a previous offense.
22 Sec. 5. Section 321J.4, subsections 1, 2, 3, and 4, Code
23 2021, are amended to read as follows:
24 1. If a defendant is convicted of a violation of section
25 321J.2 and the defendant’s driver’s license or nonresident
26 operating privilege has not been revoked under section 321J.9
27 or 321J.12 for the occurrence from which the arrest arose, the
28 department shall revoke the defendant’s driver’s license or
29 nonresident operating privilege for one hundred eighty days
30 if the defendant submitted to chemical testing and has had
31 no previous conviction or revocation under this chapter and
32 shall revoke the defendant’s driver’s license or nonresident
33 operating privilege for one year if the defendant refused to
34 submit to chemical testing and has had no previous conviction
35 or revocation under this chapter. The department shall require
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1 the defendant to install an ignition interlock device of a type
2 approved by the commissioner of public safety on all vehicles
3 owned or operated by the defendant if the defendant seeks a
4 temporary restricted license.
5 2. If a defendant is convicted of a violation of section
6 321J.2, and the defendant’s driver’s license or nonresident
7 operating privilege has not already been revoked under section
8 321J.9 or 321J.12 for the occurrence from which the arrest
9 arose, the department shall revoke the defendant’s driver’s
10 license or nonresident operating privilege for one year if the
11 defendant submitted to chemical testing and has had a previous
12 conviction or revocation under this chapter and shall revoke
13 the defendant’s driver’s license or nonresident operating
14 privilege for two years if the defendant refused to submit
15 to chemical testing and has had a previous revocation under
16 this chapter. The department shall require the defendant to
17 install an ignition interlock device of a type approved by the
18 commissioner of public safety on all vehicles owned or operated
19 by the defendant if the defendant seeks a temporary restricted
20 license. A temporary restricted license shall not be granted
21 by the department until the defendant installs the ignition
22 interlock device.
23 3. If the court defers judgment pursuant to section 907.3
24 for a violation of section 321J.2, and if the defendant’s
25 driver’s license or nonresident operating privilege has not
26 been revoked under section 321J.9 or 321J.12, or has not
27 otherwise been revoked for the occurrence from which the arrest
28 arose, the department shall revoke the defendant’s driver’s
29 license or nonresident operating privilege for a period of
30 not less than thirty days nor more than ninety days. The
31 department shall require the defendant to install an ignition
32 interlock device of a type approved by the commissioner
33 of public safety on all vehicles owned or operated by the
34 defendant if the defendant seeks a temporary restricted
35 license.
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1 4. Upon a plea or verdict of guilty of a third or subsequent
2 violation of section 321J.2, the department shall revoke the
3 defendant’s driver’s license or nonresident operating privilege
4 for a period of six years. The department shall require the
5 defendant to install an ignition interlock device of a type
6 approved by the commissioner of public safety on all vehicles
7 owned or operated by the defendant if the defendant seeks a
8 temporary restricted license. A temporary restricted license
9 shall not be granted by the department until the defendant
10 installs the ignition interlock device.
11 Sec. 6. Section 321J.4, Code 2021, is amended by adding the
12 following new subsection:
13 NEW SUBSECTION. 4A. For revocations under subsection 1, 2,
14 3, or 4, the department shall require the defendant to install
15 an ignition interlock device pursuant to section 321J.20 if the
16 defendant seeks a temporary restricted license. The department
17 shall not grant a temporary restricted license until the
18 defendant installs the ignition interlock device pursuant to
19 section 321J.20.
20 Sec. 7. Section 321J.4, subsection 8, paragraphs a, b, c,
21 and d, Code 2021, are amended to read as follows:
22 a. On a conviction for or as a condition of a deferred
23 judgment for a violation of section 321J.2, the court may
24 order the defendant to install ignition interlock devices
25 of a type approved by the commissioner of public safety on
26 all motor vehicles owned or operated by the defendant which,
27 without tampering or the intervention of another person, would
28 prevent the defendant from operating the motor vehicle with an
29 alcohol concentration greater than a level set by rule of the
30 commissioner of public safety pursuant to section 321J.20.
31 b. The commissioner of public safety shall adopt rules to
32 approve certain ignition interlock devices and the means of
33 installation of the devices, and shall establish the level of
34 alcohol concentration beyond which an ignition interlock device
35 will not allow operation of the motor vehicle in which it is
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1 installed.
2 c. b. The order to install ignition interlock devices shall
3 remain in effect for a period of time as determined by the
4 court which shall not exceed the maximum term of imprisonment
5 which the court could have imposed according to the nature of
6 the violation, unless otherwise extended under this chapter.
7 While the order is in effect, the defendant shall not operate
8 a motor vehicle which does not have an approved ignition
9 interlock device installed.
10 d. c. If the defendant’s driver’s license or nonresident
11 operating privilege has been revoked by court order, the
12 department shall not issue a temporary permit restricted
13 license or a driver’s license to the person without
14 certification that approved ignition interlock devices have
15 been installed in all motor vehicles owned or operated by the
16 defendant pursuant to section 321J.20 while the order is in
17 effect.
18 Sec. 8. Section 321J.17, subsections 1 and 3, Code 2021, are
19 amended to read as follows:
20 1. If the department revokes a person’s driver’s license
21 or nonresident operating privilege under this chapter, the
22 department shall assess the person a civil penalty of two
23 hundred dollars. The money collected by the department under
24 this section shall be transmitted to the treasurer of state
25 who shall deposit one-half of the money in the separate fund
26 established in section 915.94 and one-half of the money in the
27 general fund of the state. A temporary restricted license
28 shall not be issued unless an ignition interlock device has
29 been installed pursuant to section 321J.4 321J.20. Except as
30 provided in section 321.210B, a temporary restricted license
31 shall not be issued or a driver’s license or nonresident
32 operating privilege reinstated until the civil penalty has been
33 paid. A person assessed a penalty under this section may remit
34 the civil penalty along with a processing fee of five dollars
35 to a county treasurer authorized to issue driver’s licenses
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1 under chapter 321M, or the civil penalty may be paid directly
2 to the department.
3 3. The department shall also require certification of
4 installation of an ignition interlock device of a type approved
5 by the commissioner of public safety on all motor vehicles
6 owned or operated pursuant to section 321J.20 by any person
7 seeking reinstatement following a second or subsequent
8 revocation under section 321J.4, 321J.9, or 321J.12. The
9 requirement for the installation of an approved ignition
10 interlock device shall be for one year from the date of
11 reinstatement unless a longer time period is required by
12 statute. The one-year period a person is required to maintain
13 an ignition interlock device under this subsection shall be
14 reduced by any period of time the person held a valid temporary
15 restricted license during the period of the revocation for
16 the occurrence from which the arrest arose. The person shall
17 not operate any motor vehicle which is not equipped with an
18 approved ignition interlock device during the period in which
19 an ignition interlock device must be maintained, and the
20 department shall not grant reinstatement unless the person
21 certifies installation of an ignition interlock device as
22 required in this subsection section 321J.20.
23 Sec. 9. Section 321J.20, Code 2021, is amended to read as
24 follows:
25 321J.20 Temporary restricted license —— ignition interlock
26 devices.
27 1. Temporary restricted license issuance.
28 a. The department may, on application, issue a temporary
29 restricted license to a person whose noncommercial driver’s
30 license is revoked under this chapter, or revoked or suspended
31 under chapter 321 solely for violations of this chapter, or who
32 has been determined to be a habitual offender under chapter 321
33 based solely on violations of this chapter or on violations
34 listed in section 321.560, subsection 1, paragraph “b”,
35 allowing the person to operate a motor vehicle in any manner
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1 allowed for a person issued a valid class C driver’s license,
2 unless otherwise prohibited by this chapter. This subsection
3 paragraph does not apply to a person whose license was revoked
4 under section 321J.2A, to a person whose license was revoked
5 under section 321J.4, subsection 6, for the period during which
6 the person is ineligible for a temporary restricted license, or
7 to a person whose license is suspended or revoked for another
8 reason.
9 2. b. A temporary restricted license issued under this
10 section shall not be issued until the applicant installs an
11 approved ignition interlock device on all motor vehicles owned
12 or operated by the applicant. Installation of an ignition
13 interlock device under this section shall be required for the
14 period of time for which the temporary restricted license
15 is issued, and for such additional period of time following
16 reinstatement as is required under section 321J.17, subsection
17 3, or this section. However, a person whose driver’s license
18 or nonresident operating privilege has been revoked under
19 section 321J.21 may apply to the department for a temporary
20 restricted license without the requirement of an ignition
21 interlock device if at least twelve years have elapsed since
22 the end of the underlying revocation period for a violation of
23 section 321J.2.
24 3. 2. Temporary restricted license revocations. In addition
25 to other penalties provided by law, a person’s temporary
26 restricted license shall be revoked if the person is required
27 to install an ignition interlock device and the person does any
28 of the following:
29 a. Operates a motor vehicle which does not have an approved
30 ignition interlock device.
31 b. Tampers with or circumvents an ignition interlock device.
32 4. 3. Prohibited motor vehicle operation.
33 a. A person holding a temporary restricted license issued
34 by the department under this section shall not operate a
35 commercial motor vehicle on a highway if a commercial driver’s
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1 license or commercial learner’s permit is required for the
2 person’s operation of the commercial motor vehicle.
3 5. b. A person holding a temporary license issued by
4 the department under this chapter shall be prohibited from
5 operating a school bus.
6 6. 4. Department discretion.
7 a. Notwithstanding any provision of this chapter to the
8 contrary, the department may issue a temporary restricted
9 license to a person otherwise eligible for a temporary
10 restricted license under this section, whose period of
11 revocation under this chapter has expired, but who has not met
12 all requirements for reinstatement of the person’s driver’s
13 license or nonresident operating privileges.
14 b. Notwithstanding any provision of this chapter to the
15 contrary, the department may issue a temporary restricted
16 license to a person eligible for a temporary restricted
17 license under this section if the person is also eligible for a
18 temporary restricted license under section 321.215, provided
19 the requirements of this section and section 321.215 are
20 satisfied.
21 5. Installation of ignit