What changed in SF 2261

16 passages reworded, 3 added and 13 removed; 42 of 74 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1. Section 321J.2, subsection 3, paragraph d, 321J.4, subsections 2 and 4, Code 2024, is are amended to read as follows:

d. Revocation of the person’s driver’s license for a minimum period of one hundred eighty days up to a maximum revocation period of one year, pursuant to section 321J.4, subsection 1, section 321J.9, or section 321J.12. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles operated by the defendant if the defendant seeks a temporary restricted license as provided in section 321J.20 or as a condition of reinstatement as provided in section 321J.17.

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2. Section 321J.4, subsections 1, 2, 3, and 4, Code 2024, are amended to read as follows:

1. 2. If a defendant is convicted of a violation of section 321J.2 321J.2, and the defendant’s driver’s license or nonresident operating privilege has not already been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for one hundred eighty days year if the defendant submitted to chemical testing and has had no a previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for one year two years if the defendant refused to submit to chemical testing and has had no a previous conviction or revocation under this chapter. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license as provided in section 321J.20 or as a condition of reinstatement as provided in section 321J.17. shall not be granted by the department until the defendant installs the ignition interlock device.

2. If 4. Upon a defendant is convicted plea or verdict of guilty of a third or subsequent violation of section 321J.2, and the defendant’s driver’s license or nonresident operating privilege has not already been revoked under section 321J.9 or 321J.12 for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for one year if the defendant submitted to chemical testing and has had a previous conviction or revocation under this chapter and shall revoke the defendant’s driver’s license or nonresident operating privilege for two years if the defendant refused to submit to chemical testing and has had a previous revocation under this chapter. period of six years. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license as provided in section 321J.20 or as a condition of reinstatement as provided in section 321J.17. license. A temporary restricted license shall not be granted and a driver’s license shall not be reinstated by the department until the defendant installs the ignition interlock device.

3. If the court defers judgment pursuant to section 907.3 for a violation of section 321J.2, and if the defendant’s driver’s license or nonresident operating privilege has not been revoked under section 321J.9 or 321J.12, or has not otherwise been revoked for the occurrence from which the arrest arose, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of not less than thirty days nor more than ninety days. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles operated by the defendant if the defendant seeks a temporary restricted license as provided in section 321J.20 or as a condition of reinstatement as provided in section 321J.17.

4. Upon a plea or verdict of guilty of a third or subsequent violation of section 321J.2, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license as provided in section 321J.20 or as a condition of reinstatement as provided in section 321J.17. A temporary restricted license shall not be granted and a driver’s license shall not be reinstated by the department until the defendant installs the ignition interlock device.

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3. 2. Section 321J.4, subsection 8, paragraphs a, b, c, and d, Code 2024, are amended to read as follows:

a. On a conviction for or as a condition of a deferred judgment for a violation of section 321J.2, the court may order the defendant to install ignition interlock devices of a type approved by the commissioner of public safety on all motor vehicles owned or operated by the defendant which, without tampering or the intervention of another person, would prevent the defendant from operating the motor vehicle with an alcohol concentration greater than a level set by rule of the commissioner of public safety. However, if the defendant has had no previous conviction or revocation under this chapter, the court’s order shall require the defendant to install approved ignition interlock devices only on all motor vehicles operated by the defendant.

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4. 3. Section 321J.4, subsection 8, Code 2024, is amended by adding the following new paragraph:

NEW PARAGRAPH.

g. An ignition interlock device provider shall not impose an early termination fee if the defendant is no longer required to have a device installed and presents an unrestricted driver’s license to the provider prior to the end of the term for which the provider agreed to provide the defendant with a device.

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5. 4. Section 321J.9, subsection 2, Code 2024, is amended to read as follows:

2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license under section 321J.20 or as a condition of reinstatement as provided in section 321J.17. license. However, if the defendant has had no previous conviction or revocation under this chapter, the department shall only require the defendant to install an approved ignition interlock device on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted and a driver’s license shall not be reinstated by the department until the defendant installs the ignition interlock device.

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6. 5. Section 321J.12, subsection 2, Code 2024, is amended to read as follows:

2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license under section 321J.20 or as a condition of reinstatement as provided in section 321J.17. license. However, if the defendant has had no previous conviction or revocation under this chapter, the department shall only require the defendant to install an approved ignition interlock device on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted and a driver’s license shall not be reinstated by the department until the defendant installs the ignition interlock device.

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7. 6. Section 321J.17, subsection 3, Code 2024, is amended to read as follows:

3.

a. The department shall also require certification of installation of an ignition interlock device of a type approved by the commissioner of public safety on all motor vehicles owned or operated by any a person seeking reinstatement following a second or subsequent revocation under section 321J.4, 321J.9, or 321J.12 this chapter. chapter, or following a conviction for violating section 321J.21. The b. Unless otherwise extended under this chapter, the requirement for the installation of an approved ignition interlock device shall be for one year from the date of reinstatement unless a longer time period is required by statute. of the following periods of time, as applicable:

(1) One hundred eighty days from the date of reinstatement if the person has had no previous revocation under this chapter.

(2) One year from the date of reinstatement if the person has had a previous revocation under this chapter.

(3) A longer period of time if required by statute.

c. The one-year period of time a person is required to maintain an ignition interlock device under this subsection shall be reduced by any period of time the person held a valid temporary restricted license during the period of the revocation for the occurrence from which the arrest arose.

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8.

7.

NEW SECTION. 321J.17A Compliance-based removal.

1. The period of time a person is required to maintain an ignition interlock device under section 321J.17 or 321J.20 shall be extended by an additional sixty days per occurrence for any of the following occurrences detected by an ignition interlock device:

a. Ten or more violations within a thirty-day period.

2. Nothing in this section limits the number of subsequent extensions a person may receive following an occurrence detected by an ignition interlock device.

3.

a. An approved ignition interlock device provider shall generate and submit a compliance report to the department for each person who maintains an ignition interlock device of the provider for purposes of meeting the requirements of section 321J.17. The compliance report must indicate every associated motor vehicle and the associated ignition interlock device installed on each motor vehicle. The compliance report must include any occurrence listed in subsection 1 detected by the device, if applicable.

b. An approved ignition interlock device provider shall generate the compliance report and submit it to the department no earlier than the date on which the period of time a person is required to maintain an ignition interlock device under section 321J.17 ends, and no later than seven business days following that date. The provider shall again generate and submit a subsequent report to the department in this manner based on any subsequent extensions as provided in this section, if any.

3. The department shall develop an electronic process in which an approved ignition interlock device provider is able to identify the start date of a driver’s license revocation and to provide notice of any violations and a final compliance report to the department.

4.

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9. 8. Section 321J.20, subsections 1, 2, 3, and 7, Code 2024, are amended to read as follows:

1. The department may, on application, issue a temporary restricted license to a person whose noncommercial driver’s license is revoked under this chapter, or revoked or suspended under chapter 321 solely for violations of this chapter, or who has been determined to be a habitual offender under chapter 321 based solely on violations of this chapter or on violations listed in section 321.560, subsection 1, paragraph “b”, allowing the person to operate a motor vehicle in any manner allowed for a person issued a valid class C driver’s license, unless otherwise prohibited by this chapter. This subsection does not apply to a person under the age of eighteen whose license was revoked under section 321J.2A, to a person whose license was revoked under section 321J.4, subsection 6, for the period during which the person is ineligible for a temporary restricted license, or to a person whose license is suspended or revoked for another reason.

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9.

NEW SECTION. 321J.20A Ignition interlock device —— medical waiver.

1. The department shall adopt rules pursuant to chapter 17A establishing criteria to waive the requirement to install an ignition interlock device under this chapter if a person has a verifiable medical condition, as determined in accordance with the rules, that makes the person incapable of properly operating an ignition interlock device. The rules must align with the special exception provisions under 23 U.S.C. §164(a)(6).

2. Notwithstanding any other provision of this chapter to the contrary, if the department waives the requirement to install an ignition interlock device, the person is not required to install an ignition interlock device to receive a temporary restricted license as provided in section 321J.20 or as a condition of license reinstatement as provided in section 321J.17. license.

3. A temporary restricted license issued to a person who received a medical waiver pursuant to this section shall only authorize the person to operate a motor vehicle as described in section 321.215, subsection 1, paragraph “a”.

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11. 10. EFFECTIVE DATE. This Act takes effect January 1, 2025.

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12. 11. APPLICABILITY. This Act applies to driver’s license revocations under chapter 321J, as amended in this Act, for which the underlying offense occurred on or after the effective date of this Act.