HF 2411 — A bill for an act relating to participation in the sobriety and drug monitoring program. (Formerly HSB 571.) Effective date: 07/01/2020.

House File 2411 - IntroducedEnrolled HOUSEHouse FILEFile 2411 BYAN COMMITTEEACT ONRELATING PUBLIC SAFETY (SUCCESSOR TO HSBPARTICIPATION 571)IN ATHE BILLSOBRIETY FORAND AnDRUG ActMONITORING relatingPROGRAM. to participation in the sobriety and drug monitoring program.

TLSBSection 5765HV1. (4) 88 hf/ns H.F.

2411 Section 1.

Sec.House File 2411, p.

2 Sec.

A person wishing to participate in the program who has been charged with, pled guilty to, or been convicted of an LSBeligible 5765HVoffense, (4)but 88has -1-not hf/nsbeen 1/5required H.F.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.

2411 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.

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 requiredHouse byFile the2411, programp. until the person is eligible for a temporary restricted license under applicable law.

3 required by the program until the person is eligible for a temporary restricted license under applicable law.

(2) The length of time that the participant is required to remain in the program, which shall be for no less than ninety LSBdays. 5765HV (4) 88 -2- hf/ns 2/5 H.F.

2411 days.

(2) If the court enters an order finding the participant is notHouse requiredFile to2411, installp. an approved ignition interlock device under this paragraph, the court shall specifically state in the order the reasons for not imposing the requirement.

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.

LSBSec. 5765HV (4) 88 -3- hf/ns 3/5 H.F.

2411 Sec.

EXPLANATION______________________________ the______________________________ explanation’sPAT substanceGRASSLEY byCHARLES theSCHNEIDER membersSpeaker of the generalHouse assembly.hPresident Thisof billthe strikesSenate provisionsI authorizinghereby acertify courtthat orthis governmentalbill entityoriginated to order a person to participate in the sobrietyHouse and drugis monitoringknown program (program) as aHouse conditionFile of2411, aEighty-eighth temporaryGeneral restrictedAssembly. driver’s license.

The______________________________ billMEGHAN alsoNELSON eliminatesChief theClerk requirementof that a person who has been ordered to participate in the programHouse byApproved a_______________, court2020 or______________________________ governmentalKIM entity,REYNOLDS andGovernor whose driver’s license is suspended or revoked, be eligible for a temporary restricted license before beginning participation in the program or being subject to testing required by the program.

The bill strikes the requirement that the department of transportation (DOT) must require a person to participate in the program if the person is required to install an ignition interlock device under Code chapter 321J.

The bill also eliminates the requirement that a person must install an approved ignition interlock device on all motor vehicles owned or operated by the person in order to participate in the program.

However, the bill does not amend or eliminate any separate requirement to install an approved ignition interlock device that may exist based on the person’s underlying offense.

The bill instead requires an order or directive placing a LSB 5765HV (4) 88 -4- hf/ns 4/5 H.F.

2411 participant in the program to require the participant to 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.

However, the bill provides an exception to the ignition interlock device requirement if the participant, at the time the participant completes the program, will be ineligible for a temporary restricted license or will not own a motor vehicle or have a motor vehicle registered in the participant’s name.

The bill eliminates the DOT from reporting requirements under Code chapter 901D.

The bill repeals a future repeal provision relating to references to the program in Code chapter 321J that are stricken by the bill.

The bill does not amend or repeal the future repeal date for the program in Code section 901D.10.

LSB 5765HV (4) 88 -5- hf/ns 5/5