Bill Text: IA HF2423 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to operating-while-intoxicated offenses, including temporary restricted licenses and ignition interlock devices, providing penalties, making penalties applicable, and including effective date and applicability provisions.(Formerly HSB 618.)
Spectrum: Committee Bill
Status: (Introduced) 2024-04-03 - Withdrawn. H.J. 730. [HF2423 Detail]
Download: Iowa-2023-HF2423-Introduced.html
House
File
2423
-
Introduced
HOUSE
FILE
2423
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
618)
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
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Section
1.
Section
321J.2,
subsection
3,
paragraph
d,
Code
1
2024,
is
amended
to
read
as
follows:
2
d.
Revocation
of
the
person’s
driver’s
license
for
a
minimum
3
period
of
one
hundred
eighty
days
up
to
a
maximum
revocation
4
period
of
one
year,
pursuant
to
section
321J.4,
subsection
5
1
,
section
321J.9
,
or
section
321J.12
.
The
department
shall
6
require
the
defendant
to
install
an
ignition
interlock
device
7
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
8
vehicles
operated
by
the
defendant
if
the
defendant
seeks
a
9
temporary
restricted
license
as
provided
in
section
321J.20
or
10
as
a
condition
of
reinstatement
as
provided
in
section
321J.17
.
11
Sec.
2.
Section
321J.4,
subsections
1,
2,
3,
and
4,
Code
12
2024,
are
amended
to
read
as
follows:
13
1.
If
a
defendant
is
convicted
of
a
violation
of
section
14
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
15
operating
privilege
has
not
been
revoked
under
section
321J.9
16
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
17
department
shall
revoke
the
defendant’s
driver’s
license
or
18
nonresident
operating
privilege
for
one
hundred
eighty
days
19
if
the
defendant
submitted
to
chemical
testing
and
has
had
20
no
previous
conviction
or
revocation
under
this
chapter
and
21
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
22
operating
privilege
for
one
year
if
the
defendant
refused
to
23
submit
to
chemical
testing
and
has
had
no
previous
conviction
24
or
revocation
under
this
chapter
.
The
department
shall
require
25
the
defendant
to
install
an
ignition
interlock
device
of
a
type
26
approved
by
the
commissioner
of
public
safety
on
all
vehicles
27
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
28
restricted
license
as
provided
in
section
321J.20
or
as
a
29
condition
of
reinstatement
as
provided
in
section
321J.17
.
30
2.
If
a
defendant
is
convicted
of
a
violation
of
section
31
321J.2
,
and
the
defendant’s
driver’s
license
or
nonresident
32
operating
privilege
has
not
already
been
revoked
under
section
33
321J.9
or
321J.12
for
the
occurrence
from
which
the
arrest
34
arose,
the
department
shall
revoke
the
defendant’s
driver’s
35
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license
or
nonresident
operating
privilege
for
one
year
if
the
1
defendant
submitted
to
chemical
testing
and
has
had
a
previous
2
conviction
or
revocation
under
this
chapter
and
shall
revoke
3
the
defendant’s
driver’s
license
or
nonresident
operating
4
privilege
for
two
years
if
the
defendant
refused
to
submit
5
to
chemical
testing
and
has
had
a
previous
revocation
under
6
this
chapter
.
The
department
shall
require
the
defendant
to
7
install
an
ignition
interlock
device
of
a
type
approved
by
the
8
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
9
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
10
license
as
provided
in
section
321J.20
or
as
a
condition
of
11
reinstatement
as
provided
in
section
321J.17
.
A
temporary
12
restricted
license
shall
not
be
granted
and
a
driver’s
license
13
shall
not
be
reinstated
by
the
department
until
the
defendant
14
installs
the
ignition
interlock
device.
15
3.
If
the
court
defers
judgment
pursuant
to
section
907.3
16
for
a
violation
of
section
321J.2
,
and
if
the
defendant’s
17
driver’s
license
or
nonresident
operating
privilege
has
not
18
been
revoked
under
section
321J.9
or
321J.12
,
or
has
not
19
otherwise
been
revoked
for
the
occurrence
from
which
the
arrest
20
arose,
the
department
shall
revoke
the
defendant’s
driver’s
21
license
or
nonresident
operating
privilege
for
a
period
of
22
not
less
than
thirty
days
nor
more
than
ninety
days.
The
23
department
shall
require
the
defendant
to
install
an
ignition
24
interlock
device
of
a
type
approved
by
the
commissioner
of
25
public
safety
on
all
vehicles
operated
by
the
defendant
if
the
26
defendant
seeks
a
temporary
restricted
license
as
provided
in
27
section
321J.20
or
as
a
condition
of
reinstatement
as
provided
28
in
section
321J.17
.
29
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
30
violation
of
section
321J.2
,
the
department
shall
revoke
the
31
defendant’s
driver’s
license
or
nonresident
operating
privilege
32
for
a
period
of
six
years.
The
department
shall
require
the
33
defendant
to
install
an
ignition
interlock
device
of
a
type
34
approved
by
the
commissioner
of
public
safety
on
all
vehicles
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owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
1
temporary
restricted
license
as
provided
in
section
321J.20
or
2
as
a
condition
of
reinstatement
as
provided
in
section
321J.17
.
3
A
temporary
restricted
license
shall
not
be
granted
and
a
4
driver’s
license
shall
not
be
reinstated
by
the
department
5
until
the
defendant
installs
the
ignition
interlock
device.
6
Sec.
3.
Section
321J.4,
subsection
8,
paragraphs
a,
b,
c,
7
and
d,
Code
2024,
are
amended
to
read
as
follows:
8
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
9
judgment
for
a
violation
of
section
321J.2
,
the
court
may
10
order
the
defendant
to
install
ignition
interlock
devices
11
of
a
type
approved
by
the
commissioner
of
public
safety
on
12
all
motor
vehicles
owned
or
operated
by
the
defendant
which,
13
without
tampering
or
the
intervention
of
another
person,
would
14
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
15
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
16
commissioner
of
public
safety.
However,
if
the
defendant
has
17
had
no
previous
conviction
or
revocation
under
this
chapter
,
18
the
court’s
order
shall
require
the
defendant
to
install
19
approved
ignition
interlock
devices
only
on
all
motor
vehicles
20
operated
by
the
defendant.
21
b.
The
commissioner
of
public
safety
shall
adopt
rules
to
22
approve
certain
ignition
interlock
devices
and
the
means
of
23
installation
of
the
devices,
and
shall
establish
the
level
of
24
alcohol
concentration
beyond
which
an
ignition
interlock
device
25
will
not
allow
operation
of
the
motor
vehicle
in
which
it
is
26
installed
,
in
accordance
with
section
321J.17A
.
27
c.
The
order
to
install
ignition
interlock
devices
shall
28
remain
in
effect
for
a
period
of
time
as
determined
by
the
29
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
30
which
the
court
could
have
imposed
according
to
the
nature
of
31
the
violation
,
unless
otherwise
extended
under
this
chapter
.
32
While
the
order
is
in
effect,
the
defendant
shall
not
operate
33
a
motor
vehicle
which
does
not
have
an
approved
ignition
34
interlock
device
installed.
35
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d.
If
the
defendant’s
driver’s
license
or
nonresident
1
operating
privilege
has
been
revoked,
the
department
shall
not
2
issue
a
temporary
permit
or
a
driver’s
license
to
the
person
3
without
certification
that
approved
ignition
interlock
devices
4
have
been
installed
on
all
motor
vehicles
owned
or
operated
by
5
the
defendant
while
the
order
is
in
effect.
However,
if
the
6
defendant
has
had
no
previous
conviction
or
revocation
under
7
this
chapter
,
the
department
shall
require
certification
that
8
approved
ignition
interlock
devices
have
been
installed
only
on
9
all
motor
vehicles
operated
by
the
defendant.
10
Sec.
4.
Section
321J.4,
subsection
8,
Code
2024,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
g.
An
ignition
interlock
device
provider
13
shall
not
impose
an
early
termination
fee
if
the
defendant
is
14
no
longer
required
to
have
a
device
installed
and
presents
an
15
unrestricted
driver’s
license
to
the
provider
prior
to
the
16
end
of
the
term
for
which
the
provider
agreed
to
provide
the
17
defendant
with
a
device.
18
Sec.
5.
Section
321J.9,
subsection
2,
Code
2024,
is
amended
19
to
read
as
follows:
20
2.
The
department
shall
require
the
defendant
to
install
21
an
ignition
interlock
device
of
a
type
approved
by
the
22
commissioner
of
public
safety
on
all
vehicles
owned
or
23
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
24
restricted
license
under
section
321J.20
or
as
a
condition
of
25
reinstatement
as
provided
in
section
321J.17
.
However,
if
26
the
defendant
has
had
no
previous
conviction
or
revocation
27
under
this
chapter
,
the
department
shall
only
require
the
28
defendant
to
install
an
approved
ignition
interlock
device
29
on
all
vehicles
operated
by
the
defendant
if
the
defendant
30
seeks
a
temporary
restricted
license.
A
temporary
restricted
31
license
shall
not
be
granted
and
a
driver’s
license
shall
not
32
be
reinstated
by
the
department
until
the
defendant
installs
33
the
ignition
interlock
device.
34
Sec.
6.
Section
321J.12,
subsection
2,
Code
2024,
is
amended
35
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to
read
as
follows:
1
2.
The
department
shall
require
the
defendant
to
install
2
an
ignition
interlock
device
of
a
type
approved
by
the
3
commissioner
of
public
safety
on
all
vehicles
owned
or
4
operated
by
the
defendant
if
the
defendant
seeks
a
temporary
5
restricted
license
under
section
321J.20
or
as
a
condition
of
6
reinstatement
as
provided
in
section
321J.17
.
However,
if
7
the
defendant
has
had
no
previous
conviction
or
revocation
8
under
this
chapter
,
the
department
shall
only
require
the
9
defendant
to
install
an
approved
ignition
interlock
device
10
on
all
vehicles
operated
by
the
defendant
if
the
defendant
11
seeks
a
temporary
restricted
license.
A
temporary
restricted
12
license
shall
not
be
granted
and
a
driver’s
license
shall
not
13
be
reinstated
by
the
department
until
the
defendant
installs
14
the
ignition
interlock
device.
15
Sec.
7.
Section
321J.17,
subsection
3,
Code
2024,
is
amended
16
to
read
as
follows:
17
3.
a.
The
department
shall
also
require
certification
of
18
installation
of
an
ignition
interlock
device
of
a
type
approved
19
by
the
commissioner
of
public
safety
on
all
motor
vehicles
20
owned
or
operated
by
any
a
person
seeking
reinstatement
21
following
a
second
or
subsequent
revocation
under
section
22
321J.4
,
321J.9
,
or
321J.12
this
chapter
.
The
23
b.
Unless
otherwise
extended
under
this
chapter,
the
24
requirement
for
the
installation
of
an
approved
ignition
25
interlock
device
shall
be
for
one
year
from
the
date
of
26
reinstatement
unless
a
longer
time
period
is
required
by
27
statute.
of
the
following
periods
of
time,
as
applicable:
28
(1)
One
hundred
eighty
days
from
the
date
of
reinstatement
29
if
the
person
has
had
no
previous
revocation
under
this
30
chapter.
31
(2)
One
year
from
the
date
of
reinstatement
if
the
person
32
has
had
a
previous
revocation
under
this
chapter.
33
(3)
A
longer
period
of
time
if
required
by
statute.
34
c.
The
one-year
period
of
time
a
person
is
required
to
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maintain
an
ignition
interlock
device
under
this
subsection
1
shall
be
reduced
by
any
period
of
time
the
person
held
a
2
valid
temporary
restricted
license
during
the
period
of
the
3
revocation
for
the
occurrence
from
which
the
arrest
arose.
4
d.
The
period
of
time
a
person
is
required
to
maintain
5
an
ignition
interlock
device
under
this
subsection
shall
be
6
increased
if
required
in
accordance
with
the
compliance-based
7
removal
procedures
provided
in
section
321J.17A.
8
e.
A
person
shall
not
operate
any
motor
vehicle
which
9
is
not
equipped
with
an
approved
ignition
interlock
device
10
during
the
period
in
which
an
ignition
interlock
device
must
be
11
maintained,
and
the
department
shall
not
grant
reinstatement
12
unless
the
person
certifies
installation
of
an
ignition
13
interlock
device
as
required
in
this
subsection
.
In
addition
14
to
other
penalties
provided
by
law,
the
department
shall
revoke
15
the
driver’s
license
of
a
person
who
is
required
to
maintain
16
an
ignition
interlock
device
if
the
person
operates
a
motor
17
vehicle
which
does
not
have
an
approved
ignition
interlock
18
device
or
removes
the
ignition
interlock
device
without
19
authorization.
20
f.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
21
to
implement
this
subsection.
22
Sec.
8.
NEW
SECTION
.
321J.17A
Compliance-based
removal.
23
1.
The
period
of
time
a
person
is
required
to
maintain
24
an
ignition
interlock
device
under
section
321J.17
shall
be
25
extended
by
an
additional
sixty
days
per
occurrence
for
any
of
26
the
following
occurrences
detected
by
an
ignition
interlock
27
device:
28
a.
Ten
or
more
violations
within
a
thirty-day
period.
29
b.
Five
or
more
violations
within
a
twenty-four-hour
period.
30
c.
Tampering
with
or
attempting
to
circumvent
the
ignition
31
interlock
device.
32
d.
Removing
the
ignition
interlock
device
without
33
authorization.
34
2.
Nothing
in
this
section
limits
the
number
of
subsequent
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extensions
a
person
may
receive
following
an
occurrence
1
detected
by
an
ignition
interlock
device.
2
3.
a.
An
approved
ignition
interlock
device
provider
shall
3
generate
and
submit
a
compliance
report
to
the
department
for
4
each
person
who
maintains
an
ignition
interlock
device
of
the
5
provider
for
purposes
of
meeting
the
requirements
of
section
6
321J.17.
The
compliance
report
must
indicate
every
associated
7
motor
vehicle
and
the
associated
ignition
interlock
device
8
installed
on
each
motor
vehicle.
The
compliance
report
must
9
include
any
occurrence
listed
in
subsection
1
detected
by
the
10
device,
if
applicable.
11
b.
An
approved
ignition
interlock
device
provider
shall
12
generate
the
compliance
report
and
submit
it
to
the
department
13
no
earlier
than
the
date
on
which
the
period
of
time
a
person
is
14
required
to
maintain
an
ignition
interlock
device
under
section
15
321J.17
ends,
and
no
later
than
seven
business
days
following
16
that
date.
The
provider
shall
again
generate
and
submit
a
17
subsequent
report
to
the
department
in
this
manner
based
on
any
18
subsequent
extensions
as
provided
in
this
section,
if
any.
19
4.
a.
For
purposes
of
this
section,
a
violation
includes
20
any
of
the
following:
21
(1)
Failing
to
provide
a
detectable
breath
sample
to
the
22
ignition
interlock
device
when
prompted
by
the
device.
23
(2)
Providing
a
breath
sample
to
an
ignition
interlock
24
device
with
an
alcohol
concentration
of
.04
or
more.
25
b.
Notwithstanding
paragraph
“a”
,
it
is
not
a
violation
26
under
this
section
if
a
person
provides
a
detectable
breath
27
sample
and
successfully
passes
a
test
immediately
following
the
28
first
failed
test
or
in
response
to
a
bypass
or
circumvention
29
attempt
as
described
in
paragraph
“a”
,
and
a
violation
shall
not
30
be
reported.
31
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
32
prescribing
the
form
and
manner
of
communication
pursuant
to
33
this
section,
and
may
otherwise
adopt
rules
as
necessary
to
34
administer
this
section.
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Sec.
9.
Section
321J.20,
subsections
1,
2,
3,
and
7,
Code
1
2024,
are
amended
to
read
as
follows:
2
1.
The
department
may,
on
application,
issue
a
temporary
3
restricted
license
to
a
person
whose
noncommercial
driver’s
4
license
is
revoked
under
this
chapter
,
or
revoked
or
suspended
5
under
chapter
321
solely
for
violations
of
this
chapter,
or
who
6
has
been
determined
to
be
a
habitual
offender
under
chapter
321
7
based
solely
on
violations
of
this
chapter
or
on
violations
8
listed
in
section
321.560,
subsection
1
,
paragraph
“b”
,
9
allowing
the
person
to
operate
a
motor
vehicle
in
any
manner
10
allowed
for
a
person
issued
a
valid
class
C
driver’s
license,
11
unless
otherwise
prohibited
by
this
chapter
.
This
subsection
12
does
not
apply
to
a
person
under
the
age
of
eighteen
whose
13
license
was
revoked
under
section
321J.2A
,
to
a
person
whose
14
license
was
revoked
under
section
321J.4,
subsection
6
,
for
the
15
period
during
which
the
person
is
ineligible
for
a
temporary
16
restricted
license,
or
to
a
person
whose
license
is
suspended
17
or
revoked
for
another
reason.
18
2.
A
temporary
restricted
license
issued
under
this
section
19
shall
not
be
issued
until
the
applicant
installs
an
approved
20
ignition
interlock
device
on
all
motor
vehicles
owned
or
21
operated
by
the
applicant.
However,
if
the
applicant
has
22
had
no
previous
conviction
or
revocation
under
this
chapter
,
23
a
temporary
restricted
license
issued
under
this
section
24
shall
not
be
issued
until
the
applicant
installs
an
approved
25
ignition
interlock
device
on
all
motor
vehicles
operated
by
26
the
applicant.
Installation
of
an
ignition
interlock
device
27
under
this
section
shall
be
required
for
the
period
of
time
28
for
which
the
temporary
restricted
license
is
issued,
and
for
29
such
additional
period
of
time
following
reinstatement
as
30
is
required
under
section
321J.17,
subsection
3
.
However,
31
a
person
whose
driver’s
license
or
nonresident
operating
32
privilege
has
been
revoked
under
section
321J.21
may
apply
to
33
the
department
for
a
temporary
restricted
license
without
the
34
requirement
of
an
ignition
interlock
device
if
at
least
twelve
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years
have
elapsed
since
the
end
of
the
underlying
revocation
1
period
for
a
violation
of
section
321J.2
.
2
3.
In
addition
to
other
penalties
provided
by
law,
a
3
person’s
temporary
restricted
license
shall
be
revoked
if
the
4
person
is
required
to
install
an
ignition
interlock
device
and
5
the
person
does
any
of
the
following:
6
a.
Operates
operates
a
motor
vehicle
which
does
not
have
7
an
approved
ignition
interlock
device
or
removes
the
ignition
8
interlock
device
without
authorization
.
9
b.
Tampers
with
or
circumvents
an
ignition
interlock
device.
10
7.
A
person
who
tampers
with
,
removes
without
11
authorization,
or
circumvents
an
ignition
interlock
device
12
installed
as
required
in
this
chapter
and
while
the
requirement
13
for
the
ignition
interlock
device
is
in
effect
commits
a
14
serious
misdemeanor.
15
Sec.
10.
NEW
SECTION
.
321J.20A
Ignition
interlock
device
16
——
medical
waiver.
17
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
18
establishing
criteria
to
waive
the
requirement
to
install
an
19
ignition
interlock
device
under
this
chapter
if
a
person
has
20
a
verifiable
medical
condition,
as
determined
in
accordance
21
with
the
rules,
that
makes
the
person
incapable
of
properly
22
operating
an
ignition
interlock
device.
The
rules
must
23
align
with
the
special
exception
provisions
under
23
U.S.C.
24
§164(a)(6).
25
2.
Notwithstanding
any
other
provision
of
this
chapter
26
to
the
contrary,
if
the
department
waives
the
requirement
27
to
install
an
ignition
interlock
device,
the
person
is
not
28
required
to
install
an
ignition
interlock
device
to
receive
a
29
temporary
restricted
license
as
provided
in
section
321J.20
or
30
as
a
condition
of
license
reinstatement
as
provided
in
section
31
321J.17.
32
3.
A
temporary
restricted
license
issued
to
a
person
who
33
received
a
medical
waiver
pursuant
to
this
section
shall
only
34
authorize
the
person
to
operate
a
motor
vehicle
as
described
in
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section
321.215,
subsection
1,
paragraph
“a”
.
1
Sec.
11.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2
2025.
3
Sec.
12.
APPLICABILITY.
This
Act
applies
to
driver’s
4
license
revocations
under
chapter
321J,
as
amended
in
this
5
Act,
for
which
the
underlying
offense
occurred
on
or
after
the
6
effective
date
of
this
Act.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
Under
current
law,
a
person
whose
driver’s
license
is
11
revoked
for
operating
while
intoxicated
(OWI)
is
required
to
12
install
an
ignition
interlock
device
(IID)
prior
to
being
13
issued
a
temporary
restricted
license
(TRL)
by
the
department
14
of
transportation
(DOT).
The
IID
must
be
installed
on
every
15
vehicle
owned
or
operated
by
the
person,
or
every
vehicle
16
operated
by
the
person
if
the
person
has
had
no
previous
17
conviction
or
revocation
under
Code
chapter
321J.
This
bill
18
instead
requires
an
IID
to
be
installed
only
on
every
vehicle
19
operated
by
a
person,
regardless
of
previous
convictions
or
20
revocations.
21
Current
law
requires
the
department
of
public
safety
to
22
establish
by
rule
the
level
of
alcohol
concentration
beyond
23
which
an
IID
will
not
allow
operation
of
the
motor
vehicle
in
24
which
it
is
installed
(.025
under
661
IAC
158.6).
The
bill
25
specifies
the
minimum
level
of
alcohol
concentration
is
.04.
26
Current
law
also
requires
a
person
with
a
second
or
27
subsequent
driver’s
license
revocation
for
OWI
to
install
an
28
IID
for
a
minimum
of
one
year
after
reinstatement
of
a
driver’s
29
license
other
than
a
TRL.
The
one-year
period
may
be
offset
by
30
any
time
a
person
had
an
IID
installed
on
the
person's
vehicle
31
while
operating
with
a
TRL.
The
bill
expands
that
provision.
32
After
reinstatement
of
a
driver’s
license
other
than
a
TRL,
a
33
person
with
no
previous
revocation
under
Code
chapter
321J
must
34
maintain
an
IID
for
180
days.
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These
IID
periods
may
be
extended
based
on
compliance-based
1
removal
(CBR)
provisions.
The
period
of
time
a
person
is
2
required
to
maintain
an
IID
will
be
extended
by
60
days
each
3
time
an
IID
detects
10
or
more
violations
within
a
30-day
4
period,
five
or
more
violations
within
a
24-hour
period,
5
tampering
with
or
attempting
to
circumvent
the
IID,
or
removing
6
the
IID
without
authorization.
The
IID
provider
must
generate
7
and
submit
a
compliance
report
to
the
DOT
no
earlier
than
8
the
date
on
which
the
period
of
time
a
person
is
required
to
9
maintain
an
IID
for
driver’s
license
reinstatement
ends,
and
no
10
later
than
seven
business
days
following
that
date.
The
IID
11
provider
is
required
to
generate
and
submit
a
subsequent
report
12
to
the
DOT
in
this
manner
based
on
any
subsequent
extensions,
13
if
any.
14
The
bill
does
not
limit
the
number
of
times
an
IID
15
requirement
for
driver’s
license
reinstatement
for
a
person
may
16
be
extended.
17
Under
the
bill,
a
violation
includes
failing
to
provide
a
18
detectable
breath
sample
when
prompted
by
the
IID
and
providing
19
a
breath
sample
with
a
level
of
alcohol
concentration
of
.04
20
or
more.
However,
it
is
not
a
violation
under
CBR
if
a
person
21
provides
a
detectable
breath
sample
and
successfully
passes
a
22
test
immediately
following
the
first
failed
test
or
in
response
23
to
a
bypass
or
circumvention
attempt.
24
Under
the
bill,
a
person
who
removes
an
IID
without
25
authorization
commits
a
serious
misdemeanor.
A
serious
26
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
27
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
28
Current
law
authorizes
the
DOT
to
issue
a
TRL
to
a
person
29
whose
noncommercial
driver’s
license
is
revoked
as
a
result
of
30
an
OWI
violation.
The
TRL
allows
the
person
to
operate
a
motor
31
vehicle
in
any
manner
allowed
for
a
person
issued
a
valid
class
32
C
driver’s
license,
unless
otherwise
prohibited
by
Code
chapter
33
321J.
The
bill
prohibits
the
DOT
from
issuing
such
a
TRL
to
a
34
person
under
the
age
of
18
whose
license
was
revoked
under
Code
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section
321J.2A.
Previously,
the
prohibition
applied
to
anyone
1
whose
driver’s
license
was
revoked
under
Code
section
321J.2A
2
(OWI
for
persons
under
21).
3
The
bill
authorizes
the
DOT
to
adopt
rules
in
accordance
4
with
federal
law
to
waive
the
requirement
to
install
an
IID
5
if
a
person
has
a
verifiable
medical
condition
that
makes
the
6
person
incapable
of
properly
operating
an
IID.
If
a
person
7
with
a
verifiable
medical
condition
receives
a
medical
waiver
8
and
is
issued
a
TRL,
the
TRL
only
authorizes
the
person
to
9
drive
from
the
person’s
home
to
the
person’s
employment,
health
10
care
appointments
including
such
appointments
for
another
who
11
is
dependent
on
the
person,
education
programs,
substance
12
use
disorder
treatments,
court-ordered
community
service
13
responsibilities,
and
appointments
with
a
parole
or
probation
14
officer.
15
The
bill
takes
effect
January
1,
2025,
and
applies
to
16
driver’s
license
revocations
under
Code
chapter
321J
for
which
17
the
underlying
offense
occurred
on
or
after
that
date.
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