Bill Text: IA HF2411 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to participation in the sobriety and drug monitoring program. (Formerly HSB 571.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-17 - Signed by Governor. H.J. 790. [HF2411 Detail]
Download: Iowa-2019-HF2411-Enrolled.html
House
File
2411
-
Enrolled
House
File
2411
AN
ACT
RELATING
TO
PARTICIPATION
IN
THE
SOBRIETY
AND
DRUG
MONITORING
PROGRAM.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321J.20,
subsection
3,
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
In
addition
to
other
penalties
provided
by
law,
a
person’s
temporary
restricted
license
shall
be
revoked
if
the
person
is
required
to
install
an
ignition
interlock
device
or
participate
in
a
program
established
pursuant
to
chapter
901D
and
the
person
does
any
of
the
following:
Sec.
2.
Section
321J.20,
subsection
3,
paragraph
b,
Code
2020,
is
amended
by
striking
the
paragraph.
Sec.
3.
Section
321J.20,
subsection
9,
Code
2020,
is
amended
by
striking
the
subsection.
Sec.
4.
Section
901D.3,
subsection
1,
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
The
department
of
public
safety
shall
establish
a
statewide
sobriety
and
drug
monitoring
program
to
be
used
by
participating
jurisdictions,
which
shall
be
available
twenty-four
hours
per
day,
seven
days
per
week.
Pursuant
to
the
provisions
of
this
chapter
,
a
court
or
governmental
entity,
or
an
authorized
officer
thereof,
within
a
participating
jurisdiction
may,
as
a
condition
of
bond,
pretrial
release,
sentence,
probation,
or
parole,
or
a
temporary
restricted
license,
do
all
of
the
following:
House
File
2411,
p.
2
Sec.
5.
Section
901D.3,
subsection
2,
Code
2020,
is
amended
to
read
as
follows:
2.
a.
A
person
who
has
been
required
to
participate
in
the
program
by
a
court
or
governmental
entity
and
whose
driver’s
license
is
suspended
or
revoked
shall
not
begin
participation
in
the
program
or
be
subject
to
the
testing
required
by
the
program
until
the
person
is
eligible
for
a
temporary
restricted
license
under
applicable
law.
b.
In
order
to
participate
in
the
program,
a
person
shall
be
required
to
install
an
approved
ignition
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
person.
c.
A
person
wishing
to
participate
in
the
program
who
has
been
charged
with,
pled
guilty
to,
or
been
convicted
of
an
eligible
offense,
but
has
not
been
required
by
a
court
or
governmental
entity
to
participate
in
the
program,
may
apply
to
the
court
or
governmental
entity
of
the
participating
jurisdiction
on
a
form
created
by
the
participating
jurisdiction,
and
the
court
or
governmental
entity
may
order
the
person
to
participate
in
the
program
as
a
condition
of
bond,
pretrial
release,
sentence,
probation,
or
parole
,
or
a
temporary
restricted
license
.
The
application
form
shall
include
an
itemization
of
all
costs
associated
with
participation
in
the
program.
Sec.
6.
Section
901D.5,
subsection
3,
Code
2020,
is
amended
to
read
as
follows:
3.
Unless
otherwise
required
by
federal
law,
all
alcohol
or
controlled
substance
testing
performed
as
a
condition
of
bond,
pretrial
release,
sentence,
probation,
or
parole
,
or
a
temporary
restricted
license
shall
utilize
and
input
results
to
the
data
management
system.
Sec.
7.
Section
901D.7,
subsections
1
and
2,
Code
2020,
are
amended
to
read
as
follows:
1.
Subject
to
sections
901D.3
and
901D.6
,
a
participant
may
be
placed
in
the
program
as
a
condition
of
bond,
pretrial
release,
sentence,
probation,
or
parole
,
or
a
temporary
restricted
license
.
However,
a
person
who
has
been
required
to
participate
in
the
program
by
a
court
or
governmental
entity
and
whose
driver’s
license
is
suspended
or
revoked
shall
not
begin
participation
in
the
program
or
be
subject
to
the
testing
House
File
2411,
p.
3
required
by
the
program
until
the
person
is
eligible
for
a
temporary
restricted
license
under
applicable
law.
2.
a.
An
order
or
directive
placing
a
participant
in
the
program
shall
include
the
all
of
the
following:
(1)
The
type
of
testing
required
to
be
administered
in
the
program
and
the
in
accordance
with
section
901D.3,
subsection
1,
paragraph
“b”
.
(2)
The
length
of
time
that
the
participant
is
required
to
remain
in
the
program
,
which
shall
be
for
no
less
than
ninety
days.
The
order
or
directive
shall
additionally
require
(3)
A
requirement
that
the
participant
not
have
failed
a
test
result
or
have
missed
a
required
testing
during
the
thirty-day
period
immediately
preceding
the
end
of
participation
in
the
program.
(4)
A
requirement
that
the
participant
submit
to
the
law
enforcement
agency
of
the
participating
jurisdiction
proof
that
the
participant
has
installed
an
approved
ignition
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
participant
prior
to
the
end
of
participation
in
the
program,
unless
the
court
enters
an
order
pursuant
to
paragraph
“c”
finding
the
participant
is
not
required
to
provide
proof
of
installation
of
an
approved
ignition
interlock
device
as
a
condition
of
the
participant’s
completion
of
the
program.
b.
The
person
issuing
the
order
or
directive
shall
send
a
copy
of
the
order
or
directive
to
the
law
enforcement
agency
of
the
participating
jurisdiction.
c.
(1)
A
court
shall
only
enter
an
order
finding
the
participant
is
not
required
to
provide
proof
of
installation
of
an
approved
ignition
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
participant
if
any
of
the
following
apply:
(a)
The
participant
will
be
ineligible
for
a
temporary
restricted
license
at
the
time
the
participant
completes
the
program.
(b)
The
participant
will
not
own
a
motor
vehicle
or
have
a
motor
vehicle
registered
in
the
participant’s
name
at
the
time
the
participant
completes
the
program,
and
the
participant
has
submitted
an
affidavit
stating
such.
(2)
If
the
court
enters
an
order
finding
the
participant
is
House
File
2411,
p.
4
not
required
to
install
an
approved
ignition
interlock
device
under
this
paragraph,
the
court
shall
specifically
state
in
the
order
the
reasons
for
not
imposing
the
requirement.
Sec.
8.
Section
901D.9,
subsection
2,
Code
2020,
is
amended
by
striking
the
subsection.
Sec.
9.
Section
901D.10,
subsection
1,
Code
2020,
is
amended
to
read
as
follows:
1.
The
department,
in
consultation
with
the
judicial
branch
and
the
department
of
transportation
,
shall
by
December
1,
2023,
submit
a
report
to
the
general
assembly
detailing
the
effectiveness
of
the
program
established
pursuant
to
this
chapter
and
shall
make
recommendations
concerning
the
continued
implementation
of
the
program
or
the
elimination
of
the
program.
Sec.
10.
REPEAL.
2017
Iowa
Acts,
chapter
76,
section
17,
as
amended
by
2019
Iowa
Acts,
chapter
66,
section
4,
is
repealed.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2411,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
