Text: HSB00530                          Text: HSB00532
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 531

Bill Text

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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