House File 88HOUSE FILE BY R. OLSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the reinstatement of a person's driver's 2 license or nonresident operating privilege relating to an 3 operating=while=intoxicated offense not resulting in a 4 conviction or deferred judgment. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1569HH 82 7 rh/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 321J.2C DISMISSAL OF 1 2 PROSECUTION. 1 3 1. Notwithstanding any other provision of this chapter to 1 4 the contrary, if a violation of section 321J.2 or 321J.2A does 1 5 not result in a conviction or deferred judgment, and the 1 6 person's driver's license or nonresident operating privilege 1 7 has been revoked under section 321J.9 or 321J.12 or the 1 8 revocation has been stayed pursuant to section 321J.13 for the 1 9 occurrence from which the arrest arose, the department shall, 1 10 upon receipt of the court order finding the person not guilty 1 11 or otherwise dismissing the prosecution, immediately rescind 1 12 the revocation and reinstate the person's driver's license or 1 13 nonresident operating privilege. 1 14 2. Notwithstanding any other provision of this chapter or 1 15 chapter 321 to the contrary, if a person's driver's license or 1 16 nonresident operating privilege is reinstated pursuant to 1 17 subsection 1 the director shall immediately correct by 1 18 removing from the person's driving record any entry pertaining 1 19 to a revocation under section 321J.9 or 321J.12 for the same 1 20 occurrence from which the arrest arose. 1 21 EXPLANATION 1 22 This bill relates to reinstatement of a person's driver's 1 23 license or nonresident operating privilege following a 1 24 prosecution for an operating=while=intoxicated offense which 1 25 does not result in a conviction or a deferred judgment. 1 26 The bill provides that in any prosecution for an operating= 1 27 while=intoxicated offense that does not result in a conviction 1 28 or a deferred judgment where the person's driver's license or 1 29 nonresident operating privilege was revoked, the department of 1 30 transportation shall, upon receipt of the court order finding 1 31 the person not guilty or otherwise dismissing the prosecution, 1 32 immediately rescind the revocation and reinstate the person's 1 33 driver's license or nonresident operating privilege. 1 34 The bill further directs the director of the department of 1 35 transportation to immediately correct by removing from the 2 1 person's driving record any entry pertaining to the person's 2 2 rescinded revocation. 2 3 LSB 1569HH 82 2 4 rh:rj/gg/14