Text: HSB00530 Text: HSB00532 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321J.13, Code Supplement 1997, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 6. a. The department shall grant a
1 4 request for a hearing to rescind the revocation if the person
1 5 whose motor vehicle license or operating privilege has been or
1 6 is being revoked under section 321J.9 or 321J.12 submits a
1 7 petition containing information relating to the discovery of
1 8 new evidence that provides grounds for recision of the
1 9 revocation.
1 10 b. The person shall prevail at the hearing if, in the
1 11 criminal action on the charge of violation of section 321J.2
1 12 or 321J.2A resulting from the same circumstances that resulted
1 13 in the administrative revocation being challenged, the court
1 14 held one of the following:
1 15 (1) That the peace officer did not have reasonable grounds
1 16 to believe that a violation of section 321J.2 or 321J.2A had
1 17 occurred to support a request for or to administer a chemical
1 18 test.
1 19 (2) That the chemical test was otherwise inadmissible or
1 20 invalid.
1 21 c. Such a holding by the court in the criminal action is
1 22 binding on the department, and the department shall rescind
1 23 the revocation.
1 24 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
1 25 immediate importance, takes effect upon enactment.
1 26 EXPLANATION
1 27 This bill adds a subsection to Code section 321J.13, which
1 28 regulates administrative revocations of driver's licenses
1 29 under the chapter dealing with operating while intoxicated
1 30 violations. This subsection replaces a provision on reopening
1 31 revocation hearings that was completely struck in 1997
1 32 legislation.
1 33 The new subsection, like the subsection that was struck,
1 34 provides that a person may reopen a revocation hearing by
1 35 filing a petition stating that there is new evidence requiring
2 1 recision of the revocation. The person may prevail in the
2 2 hearing by showing that, in the criminal action resulting from
2 3 the same violation of Code chapter 321J that caused the
2 4 administrative revocation of the license, the court held that
2 5 the peace officer did not have reasonable grounds to request
2 6 or administer a chemical test, or that the chemical test was
2 7 otherwise inadmissible or invalid.
2 8 The bill takes effect upon enactment.
2 9 LSB 3690HC 77
2 10 jls/cf/24
Text: HSB00530 Text: HSB00532 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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