Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321A.17, Code 1997, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 7. This section shall not apply to an
1 4 individual whose administrative license revocation has been
1 5 rescinded, and who is otherwise under no obligation to furnish
1 6 proof of financial responsibility.
1 7 Sec. 2. Section 321J.13, Code Supplement 1997, is amended
1 8 by adding the following new subsection:
1 9 NEW SUBSECTION. 6. a. The department shall grant a
1 10 request for a hearing to rescind the revocation if the person
1 11 whose motor vehicle license or operating privilege has been or
1 12 is being revoked under section 321J.9 or 321J.12 submits a
1 13 petition containing information relating to the discovery of
1 14 new evidence that provides grounds for recision of the
1 15 revocation.
1 16 b. The person shall prevail at the hearing if, in the
1 17 criminal action on the charge of violation of section 321J.2
1 18 or 321J.2A resulting from the same circumstances that resulted
1 19 in the administrative revocation being challenged, the court
1 20 held one of the following:
1 21 (1) That the peace officer did not have reasonable grounds
1 22 to believe that a violation of section 321J.2 or 321J.2A had
1 23 occurred to support a request for or to administer a chemical
1 24 test.
1 25 (2) That the chemical test was otherwise inadmissible or
1 26 invalid.
1 27 c. Such a holding by the court in the criminal action is
1 28 binding on the department, and the department shall rescind
1 29 the revocation.
1 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 31 immediate importance, takes effect upon enactment.
1 32 HF 2163
1 33 jls/pk/25
Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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