House File 2393 - Introduced
HOUSE FILE 2393
BY BERGAN
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 2022, 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 2022, 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 2022, 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 operated by the defendant if the defendant seeks a
13 temporary restricted license.
14 Sec. 4. Section 321J.2, subsection 8, paragraph a, Code
15 2022, 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 2022, 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 operated by the defendant if the defendant seeks a temporary
4 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 of
33 public safety on all vehicles operated by the defendant if the
34 defendant seeks a temporary restricted license.
35 4. Upon a plea or verdict of guilty of a third or subsequent
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1 violation of section 321J.2, the department shall revoke the
2 defendant’s driver’s license or nonresident operating privilege
3 for a period of six years. The department shall require the
4 defendant to install an ignition interlock device of a type
5 approved by the commissioner of public safety on all vehicles
6 owned or operated by the defendant if the defendant seeks a
7 temporary restricted license. A temporary restricted license
8 shall not be granted by the department until the defendant
9 installs the ignition interlock device.
10 Sec. 6. Section 321J.4, Code 2022, is amended by adding the
11 following new subsection:
12 NEW SUBSECTION. 4A. For revocations under subsection 1, 2,
13 3, or 4, the department shall require the defendant to install
14 an ignition interlock device pursuant to section 321J.20 if the
15 defendant seeks a temporary restricted license. The department
16 shall not grant a temporary restricted license until the
17 defendant installs the ignition interlock device pursuant to
18 section 321J.20.
19 Sec. 7. Section 321J.4, subsection 8, paragraphs a, b, c,
20 and d, Code 2022, are amended to read as follows:
21 a. On a conviction for or as a condition of a deferred
22 judgment for a violation of section 321J.2, the court may
23 order the defendant to install ignition interlock devices
24 of a type approved by the commissioner of public safety on
25 all motor vehicles owned or operated by the defendant which,
26 without tampering or the intervention of another person, would
27 prevent the defendant from operating the motor vehicle with
28 an alcohol concentration greater than a level set by rule of
29 the commissioner of public safety pursuant to section 321J.20.
30 However, if the defendant has had no previous conviction or
31 revocation under this chapter, the court’s order shall require
32 the defendant to install approved ignition interlock devices
33 only on all motor vehicles operated by the defendant.
34 b. The commissioner of public safety shall adopt rules to
35 approve certain ignition interlock devices and the means of
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1 installation of the devices, and shall establish the level of
2 alcohol concentration beyond which an ignition interlock device
3 will not allow operation of the motor vehicle in which it is
4 installed.
5 c. b. The order to install ignition interlock devices shall
6 remain in effect for a period of time as determined by the
7 court which shall not exceed the maximum term of imprisonment
8 which the court could have imposed according to the nature of
9 the violation, unless otherwise extended under this chapter.
10 While the order is in effect, the defendant shall not operate
11 a motor vehicle which does not have an approved ignition
12 interlock device installed.
13 d. c. If the defendant’s driver’s license or nonresident
14 operating privilege has been revoked by court order, the
15 department shall not issue a temporary permit restricted
16 license or a driver’s license to the person without
17 certification that approved ignition interlock devices have
18 been installed on all motor vehicles owned or operated by
19 the defendant pursuant to section 321J.20 while the order is
20 in effect. However, if the defendant has had no previous
21 conviction or revocation under this chapter, the department
22 shall require certification that approved ignition interlock
23 devices have been installed only on all motor vehicles operated
24 by the defendant.
25 Sec. 8. Section 321J.17, subsections 1 and 3, Code 2022, are
26 amended to read as follows:
27 1. If the department revokes a person’s driver’s license
28 or nonresident operating privilege under this chapter, the
29 department shall assess the person a civil penalty of two
30 hundred dollars. The money collected by the department under
31 this section shall be transmitted to the treasurer of state
32 who shall deposit one-half of the money in the separate fund
33 established in section 915.94 and one-half of the money in the
34 general fund of the state. A temporary restricted license
35 shall not be issued unless an ignition interlock device has
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1 been installed pursuant to section 321J.4 321J.20. Except as
2 provided in section 321.210B, a temporary restricted license
3 shall not be issued or a driver’s license or nonresident
4 operating privilege reinstated until the civil penalty has been
5 paid. A person assessed a penalty under this section may remit
6 the civil penalty along with a processing fee of five dollars
7 to a county treasurer authorized to issue driver’s licenses
8 under chapter 321M, or the civil penalty may be paid directly
9 to the department.
10 3. The department shall also require certification of
11 installation of an ignition interlock device of a type approved
12 by the commissioner of public safety on all motor vehicles
13 owned or operated pursuant to section 321J.20 by any person
14 seeking reinstatement following a second or subsequent
15 revocation under section 321J.4, 321J.9, or 321J.12. The
16 requirement for the installation of an approved ignition
17 interlock device shall be for one year from the date of
18 reinstatement unless a longer time period is required by
19 statute. The one-year period a person is required to maintain
20 an ignition interlock device under this subsection shall be
21 reduced by any period of time the person held a valid temporary
22 restricted license during the period of the revocation for
23 the occurrence from which the arrest arose. The person shall
24 not operate any motor vehicle which is not equipped with an
25 approved ignition interlock device during the period in which
26 an ignition interlock device must be maintained, and the
27 department shall not grant reinstatement unless the person
28 certifies installation of an ignition interlock device as
29 required in this subsection section 321J.20.
30 Sec. 9. Section 321J.20, Code 2022, is amended to read as
31 follows:
32 321J.20 Temporary restricted license —— ignition interlock
33 devices.
34 1. Temporary restricted license issuance.
35 a. The department may, on application, issue a temporary
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1 restricted license to a person whose noncommercial driver’s
2 license is revoked under this chapter, or revoked or suspended
3 under chapter 321 solely for violations of this chapter, or who
4 has been determined to be a habitual offender under chapter 321
5 based solely on violations of this chapter or on violations
6 listed in section 321.560, subsection 1, paragraph “b”,
7 allowing the person to operate a motor vehicle in any manner
8 allowed for a person issued a valid class C driver’s license,
9 unless otherwise prohibited by this chapter. This subsection
10 paragraph does not apply to a person whose license was revoked
11 under section 321J.2A, to a person whose license was revoked
12 under section 321J.4, subsection 6, for the period during which
13 the person is ineligible for a temporary restricted license, or
14 to a person whose license is suspended or revoked for another
15 reason.
16 2. b. A temporary restricted license issued under this
17 section shall not be issued until the applicant installs an
18 approved ignition interlock device on all motor vehicles owned
19 or operated by the applicant. However, if the applicant has
20 had no previous conviction or revocation under this chapter,
21 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 operated by
24 the applicant. Installation of an ignition interlock device
25 under this section shall be required for the period of time
26 for which the temporary restricted license is issued, and for
27 such additional period of time following reinstatement as is
28 required under section 321J.17, subsection 3, or this section.
29 However, a person whose driver’s license or nonresident
30 operating privilege has been revoked under section 321J.21 may
31 apply to the department for a temporary restricted license
32 without the requirement of an ignition interlock device if at
33 least twelve years have elapsed since the end of the underlying
34 revocation period for a violation of section 321J.2.
35 3. 2. Temporary restricted license revocations. In addition
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1 to other penalties provided by law, a person’s temporary
2 restricted license shall be revoked if the person is required
3 to install an ignition interlock device and the person does any
4 of the following:
5 a. Operates a motor vehicle which does not have an approved
6 ignition interlock device.
7 b. Tampers with or circumvents an ignition interlock device.
8 4. 3. Prohibited motor vehicle operation.
9 a. A person holding a temporary restricted license issued
10 by the department under this section shall not operate a
11 commercial motor vehicle on a highway if a commercial driver’s
12 license or commercial learner’s permit is required for the
13 person’s operation of the commercial motor vehicle.
14 5. b. A person holding a temporary restricted license
15 issued by the department under this chapter shall be prohibited
16 from operating a school bus.
17 6. 4. Department discretion.
18 a. Notwithstanding any provision of this chapter to the