Text: H09270 Text: H09272 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2163, as passed by the House, as 1 2 follows: 1 3 #1. Page 1, by striking lines 16 through 29 and 1 4 inserting the following: 1 5 "b. A person whose motor vehicle license or 1 6 operating privilege has been revoked under section 1 7 321J.12 after an administrative hearing under this 1 8 section, and who was subsequently acquitted of 1 9 operating while intoxicated in the criminal 1 10 proceedings arising from the same incident which led 1 11 to the revocation or had such criminal charges 1 12 dismissed, may petition the department within twenty 1 13 days of such acquittal or dismissal to reopen the 1 14 administrative hearing for the purpose of offering new 1 15 evidence that the person was not operating with an 1 16 alcohol concentration as defined in section 321J.1 of 1 17 .10 or more. 1 18 c. At a reopened hearing, all parties shall have 1 19 the opportunity to be present in person or via 1 20 telephonic transmission, and to present any evidence 1 21 and argument relevant to the question of whether the 1 22 person was operating with an alcohol concentration as 1 23 defined in section 321J.1 of .10 or more provided that 1 24 such evidence was not excluded in the criminal 1 25 proceeding. 1 26 d. If the person proves any of the following, the 1 27 revocation shall be rescinded: 1 28 (1) The chemical test that led to the revocation 1 29 was invalid. 1 30 (2) Based on evidence of errors of law, mistakes 1 31 of fact, or illegal or improper conduct occurring in 1 32 relation to the stop or the arrest, the results of the 1 33 chemical test that led to the revocation cannot be 1 34 reasonably relied upon. 1 35 e. Costs shall not be taxed to a prevailing party 1 36 at a reopened hearing." 1 37 #2. By renumbering as necessary. 1 38 HF 2163S 1 39 jls/cc/26
Text: H09270 Text: H09272 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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