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1 6 operating privilege has been revoked under section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1 27 revocation shall be rescinded: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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