Fiscal Note
Fiscal Services Division
SF 536 – Operating While Intoxicated, Repeat Penalty Enhancements (LSB2711SV)
Staff Contact: Austin Brinks (515.725.2200) austin.brinks@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 536 amends existing Operating While Intoxicated (OWI) laws. The Bill requires the
Department of Transportation (DOT) to keep records required under the section indefinitely, and
amends Iowa Code section 321J.2(8) to include any prior conviction under Iowa Code sections
321.277 and 123.46(2) as a prior OWI conviction after an OWI arrest.
The Bill adds a new subsection to Iowa Code section 321.101 that requires the DOT to suspend
the registration of vehicles owned by a person who is required to install an ignition interlock
device (IID) pursuant to Iowa Code section 321J.20 until the DOT receives proof that the IID has
been successfully installed. Suspension of registration may be avoided if a family member
signs an affidavit stating the family member also operated the vehicle prior to the owner’s OWI
violation. However, if that family member knowingly allows the vehicle owner to drive the
vehicle without an IID, the family member would be guilty of a simple misdemeanor.
In addition, the Bill enhances the penalties for operating a vehicle with a license revoked due to
an OWI and operating a vehicle with a temporary restricted license without an IID installed. The
Bill requires an IID to have a camera that can take still pictures during its operation. Iowa Code
section 811.2(1) is also amended to require a person who is charged with a third or subsequent
violation of Iowa Code section 321J.2 and posts bail to install an IID within 30 days and provide
proof of the installation.
Background
Iowa Code chapter 321J contains current OWI law. Currently, Iowa Code section 321.12
requires the DOT to keep operating records on file for at least 12 years after an arrest or
conviction for an OWI, after which the arrest or conviction is required to be deleted from the
record. A temporary restricted license (TRL) may be issued pending application to the DOT and
the installation of an approved IID on all vehicles that person owns or operates. A TRL issued
as a result of an OWI violation allows the driver to operate a vehicle in any manner allowed by a
noncommercial driver’s license, unless otherwise prohibited.
The time periods related to revocation of a driver’s license for an OWI conviction are as follows:
• 90 days for a deferred judgement.
• 180 days for a first offense.
• One year for a second offense.
• Six years for a third offense.
• One year in addition to the period of a first, second, or third offense if the OWI offense
caused personal injury.
• Six years in addition to the period of a first, second, or third offense if the OWI offense
caused a death. The person is not eligible for a TRL for two years in this case.
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The current penalty for driving after a license is revoked due to an OWI without a TRL is a
serious misdemeanor and a fine of $1,000. If a driver is convicted of a second or subsequent
offense of driving with a revoked license, the vehicle must be seized and forfeited to the State.
If an owner of a vehicle knowingly lends the vehicle to a person whose license has been
revoked due to an OWI, the owner is guilty of a simple misdemeanor and is jointly liable for any
damages the driver may cause.
Assumptions
Senate File 536 will increase convictions for simple, serious, and aggravated misdemeanors as
well as Class D felonies; however, the extent of the increase is unknown.
Correctional Impact
Senate File 536 establishes a new simple misdemeanor, a serious misdemeanor, four
aggravated misdemeanors, and a Class D felony. It is unknown how many convictions will
result from this Bill; as such, a correctional impact cannot be estimated. Refer to the Legislative
Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for
Correctional Impact Statements, dated January 22, 2021, for information related to the
correctional system. Table 1 shows the number of persons newly admitted to probation, house
arrest, parole, or prison for an OWI offense for FY 2020.
Table 1
Department of Corrections — OWI Admissions for FY 2020
Correctional Status Number of Admissions Average Length of Stay in Days
Probation 3,499 639
Residential 727 88
Parole 412 214
Prison 274 296
OWI Continuum 24 131
Totals 4,936 1,368
Minority Impact
Senate File 536 establishes several new misdemeanors and a Class D felony, and it is unknown
how many convictions will result from these new crimes. The Bill also enhances the penalties
for operating a vehicle with a TRL without an IID installed. Due to the lack of existing data, a
minority impact cannot be estimated. Table 2 show the number of convictions of Iowa Code
chapter 321J for FY 2020 by ethnicity. Of the 9,751 total OWI convictions in FY 2020, 79.7%
were Caucasian and 14.5% were African American. In FY 2020, Caucasians and African
Americans made up 89.9% and 4.1% of the Iowa adult population, respectively. The conviction
rate for African Americans exceeds the population proportion of the State, which would lead to a
racial impact if trends remain constant. Due to low numbers of other minority populations, the
impact on those populations cannot be assessed. Refer to the LSA memo addressed to the
General Assembly, Minority Impact Statement, dated January 27, 2021, for information related
to minorities in the criminal justice system.
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 Table 2
OWI Convictions by Ethnicity — FY 2020
Caucasian African American Other Total
7,767 1,126 858 9,751
Fiscal Impact
The fiscal impact of Senate File 536 cannot be estimated due to the lack of existing conviction
data. Table 3 contains cost estimates for the average State cost per offense class type for one
conviction. The cost estimate includes operating costs incurred by the Judicial Branch, the
State Public Defender, and the Department of Corrections for one conviction. The cost would
be incurred across multiple fiscal years for prison and parole supervision.
Table 3 — Average State Cost Per Offense Class Type
Total Cost
Offense Class Minimum Maximum
Serious Misdemeanor $ 410 $ 7,500
Aggravated Misdemeanor 3,700 7,800
Class D Felony 7,700 13,500
In addition, the DOT has stated that it would incur one-time programming costs of approximately
$47,000 and would be able to handle any increase in job duties with existing staff.
Sources
Legislative Services Agency
Criminal Justice and Juvenile Planning Division, Department of Human Rights
Department of Corrections
Department of Transportation
/s/ Holly M. Lyons
March 24, 2021
Doc ID 1215914
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 321.12, 321J.20, 321J.4, 321.560, 321J.2