Text: S05731                            Text: S05733
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5732

Amendment Text

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  1  9 operating privilege has been revoked under section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  1 30 revocation shall be rescinded: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