Text: S05731 Text: S05733 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5292, to House File 2163, as 1 2 amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by striking lines 3 through 18 and 1 5 inserting the following: 1 6 "# . Page 1, by striking lines 16 through 29 and 1 7 inserting the following: 1 8 "b. A person whose motor vehicle license or 1 9 operating privilege has been revoked under section 1 10 321J.12 after an administrative hearing under this 1 11 section, and who was subsequently acquitted of 1 12 operating while intoxicated in the criminal 1 13 proceedings arising from the same incident which led 1 14 to the revocation or had such criminal charges 1 15 dismissed, may petition the department within twenty 1 16 days of such acquittal or dismissal to reopen the 1 17 administrative hearing for the purpose of offering new 1 18 evidence that the person was not operating with an 1 19 alcohol concentration as defined in section 321J.1 of 1 20 .10 or more. 1 21 c. At a reopened hearing, all parties shall have 1 22 the opportunity to be present in person or via 1 23 telephonic transmission, and to present any evidence 1 24 and argument relevant to the question of whether the 1 25 person was operating with an alcohol concentration as 1 26 defined in section 321J.1 of .10 or more provided that 1 27 such evidence was not excluded in the criminal 1 28 proceeding. 1 29 d. If the person proves any of the following, the 1 30 revocation shall be rescinded: 1 31 (1) The chemical test that led to the revocation 1 32 was invalid. 1 33 (2) Based on evidence of errors of law, mistakes 1 34 of fact, or illegal or improper conduct occurring in 1 35 relation to the stop or the arrest, the results of the 1 36 chemical test that led to the revocation cannot be 1 37 reasonably relied upon. 1 38 e. Costs shall not be taxed to a prevailing party 1 39 at a reopened hearing."" 1 40 1 41 1 42 1 43 ANDY McKEAN 1 44 HF 2163.203 77 1 45 jls/jl/28
Text: S05731 Text: S05733 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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