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PAG LIN
1 1 SENATE FILE 229
1 2
1 3 AN ACT
1 4 RELATING TO THE ISSUANCE OF MOTOR VEHICLE LICENSES FOR CERTAIN
1 5 LAW ENFORCEMENT OFFICERS AND PROVIDING PENALTIES, AND PROVIDING
1 6 AN EFFECTIVE DATE.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 22.7, Code 1997, is amended by adding
1 11 the following new subsection:
1 12 NEW SUBSECTION. 37. Records of a law enforcement agency
1 13 or the state department of transportation regarding the
1 14 issuance of a motor vehicle license under section 321.189A.
1 15 Sec. 2. NEW SECTION. 321.189A MOTOR VEHICLE LICENSE FOR
1 16 UNDERCOVER LAW ENFORCEMENT OFFICERS – FEE – PENALTIES.
1 17 1. The department may issue undercover motor vehicle
1 18 licenses to certified peace officers employed by a local
1 19 authority or by the state or federal law enforcement officers
1 20 for use in the line of duty when a fictitious identity is
1 21 necessary. The department, in cooperation with the
1 22 commissioner of public safety, shall adopt rules pursuant to
1 23 chapter 17A regarding the issuance, use, and cancellation of
1 24 licenses issued pursuant to this section.
1 25 2. A license issued pursuant to this section shall only be
1 26 issued to a certified peace officer or federal law enforcement
1 27 officer, who is qualified to obtain the class of license
1 28 sought, at the request of the law enforcement agency employing
1 29 the officer for official use when the officer is involved in
1 30 duty in which a fictitious identity is necessary. An officer
1 31 issued a license pursuant to this section shall surrender the
1 32 license when the license is no longer needed.
1 33 3. a. A license issued pursuant to this section shall
1 34 only be used in the line of duty when it is necessary for the
1 35 officer holding the license to assume a fictitious identity.
2 1 An officer issued a license pursuant to this section shall
2 2 report as soon as practical to the law enforcement agency
2 3 employing the officer any traffic citation issued to the
2 4 officer while using the officer's fictitious identity.
2 5 b. An officer using a license issued under this section
2 6 shall not be prosecuted for a public offense under this
2 7 chapter if the offense was committed in the line of duty and
2 8 was necessary to protect the identity of the officer.
2 9 However, this paragraph shall not apply to a violation of
2 10 subsection 4, paragraph "a".
2 11 4. a. An officer who provides the department false
2 12 information for the purposes of obtaining a license under this
2 13 section commits a class "D" felony.
2 14 b. An officer who displays or uses a license issued
2 15 pursuant to this section during the commission or attempted
2 16 commission of a public offense other than a public offense
2 17 referred to in subsection 3 or who knowingly permits another
2 18 person to use the license issued under this section commits a
2 19 class "D" felony.
2 20 c. An officer who displays or uses a license issued
2 21 pursuant to this section in any manner which is not a public
2 22 offense but which is not authorized under this section or who
2 23 knowingly fails or refuses to surrender the license upon
2 24 demand by the department commits an aggravated misdemeanor.
2 25 5. The fee for issuing a license under this section shall
2 26 be the same as for licenses issued pursuant to section
2 27 321.189.
2 28 6. The department shall keep as confidential public
2 29 records under section 22.7, all records regarding licenses
2 30 issued under this section.
2 31 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 32 immediate importance, takes effect upon enactment.
2 33
2 34
2 35
3 1 MARY E. KRAMER
3 2 President of the Senate
3 3
3 4
3 5
3 6 RON J. CORBETT
3 7 Speaker of the House
3 8
3 9 I hereby certify that this bill originated in the Senate and
3 10 is known as Senate File 229, Seventy-seventh General Assembly.
3 11
3 12
3 13
3 14 MARY PAT GUNDERSON
3 15 Secretary of the Senate
3 16 Approved , 1997
3 17
3 18
3 19
3 20 TERRY E. BRANSTAD
3 21 Governor
Text: SF00228 Text: SF00230 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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