Bill Text: IA HSB571 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to participation in the sobriety and drug monitoring program.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-12 - Committee report, recommending amendment and passage. H.J. 265. [HSB571 Detail]

Download: Iowa-2019-HSB571-Introduced.html
House Study Bill 571 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to participation in the sobriety and drug 1 monitoring program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5765YC (1) 88 hf/ns
H.F. _____ Section 1. Section 901D.3, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. A person who has been required to participate in the 3 program by a court or governmental entity and whose driver’s 4 license is suspended or revoked shall not begin participation 5 in the program or be subject to the testing required by the 6 program until the person is eligible for a temporary restricted 7 license under applicable law. 8 b. In order to participate in the program, a person shall be 9 required to install an approved ignition interlock device on 10 all motor vehicles owned or operated by the person. 11 c. A person wishing to participate in the program who has 12 been charged with, pled guilty to, or been convicted of an 13 eligible offense, but has not been required by a court or 14 governmental entity to participate in the program, may apply 15 to the court or governmental entity of the participating 16 jurisdiction on a form created by the participating 17 jurisdiction, and the court or governmental entity may order 18 the person to participate in the program as a condition 19 of bond, pretrial release, sentence, probation, parole, 20 or a temporary restricted license. The application form 21 shall include an itemization of all costs associated with 22 participation in the program. 23 Sec. 2. Section 901D.7, subsections 1 and 2, Code 2020, are 24 amended to read as follows: 25 1. Subject to sections 901D.3 and 901D.6 , a participant 26 may be placed in the program as a condition of bond, pretrial 27 release, sentence, probation, parole, or a temporary 28 restricted license. However, a person who has been required to 29 participate in the program by a court or governmental entity 30 and whose driver’s license is suspended or revoked shall not 31 begin participation in the program or be subject to the testing 32 required by the program until the person is eligible for a 33 temporary restricted license under applicable law. 34 2. a. An order or directive placing a participant in the 35 -1- LSB 5765YC (1) 88 hf/ns 1/ 3
H.F. _____ program shall include the all of the following: 1 (1) The type of testing required to be administered in the 2 program and the . 3 (2) The length of time that the participant is required to 4 remain in the program , which shall be for no less than ninety 5 days. The order or directive shall additionally require 6 (3) A requirement that the participant not have failed 7 a test result or have missed a required testing during 8 the thirty-day period immediately preceding the end of 9 participation in the program. 10 (4) A requirement that the participant submit to the law 11 enforcement agency of the participating jurisdiction proof 12 that the participant has installed an approved ignition 13 interlock device on all motor vehicles owned or operated by the 14 participant prior to the end of participation in the program. 15 b. The person issuing the order or directive shall send a 16 copy of the order or directive to the law enforcement agency of 17 the participating jurisdiction. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill eliminates the requirement that a person who has 22 been ordered to participate in the sobriety and drug monitoring 23 program by a court or governmental entity, and whose driver’s 24 license is suspended or revoked, be eligible for a temporary 25 restricted license before beginning participation in the 26 program or being subject to testing required by the program. 27 The bill also eliminates the requirement that a person install 28 an approved ignition interlock device on all motor vehicles 29 owned or operated by the person in order to participate in the 30 program. However, the bill does not amend or eliminate any 31 separate requirement to install an approved ignition interlock 32 device that may exist based on the person’s underlying offense. 33 The bill requires an order or directive placing a 34 participant in the program to require the participant to submit 35 -2- LSB 5765YC (1) 88 hf/ns 2/ 3
H.F. _____ to the law enforcement agency of the participating jurisdiction 1 proof that the participant has installed an approved ignition 2 interlock device on all motor vehicles owned or operated by the 3 participant prior to the end of participation in the program. 4 -3- LSB 5765YC (1) 88 hf/ns 3/ 3
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