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1 9 operating privilege has been revoked under section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1 30 revocation shall be rescinded: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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