Text: SSB00133 Text: SSB00135 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 22.7, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 37. Records of a law enforcement agency
1 4 or the state department of transportation regarding the
1 5 issuance of a motor vehicle license under section 321.189A.
1 6 Sec. 2. NEW SECTION. 321.189A MOTOR VEHICLE LICENSE FOR
1 7 UNDERCOVER LAW ENFORCEMENT OFFICERS – FEE – PENALTIES.
1 8 1. The department may issue undercover motor vehicle
1 9 licenses to certified peace officers employed by a local
1 10 authority or by the state or federal law enforcement officers
1 11 for use in the line of duty when a fictitious identity is
1 12 necessary. The department, in cooperation with the
1 13 commissioner of public safety, shall adopt rules pursuant to
1 14 chapter 17A regarding the issuance, use, and cancellation of
1 15 licenses issued pursuant to this section.
1 16 2. A license issued pursuant to this section shall only be
1 17 issued to a certified peace officer or federal law enforcement
1 18 officer, who is qualified to obtain the class of license
1 19 sought, at the request of the law enforcement agency employing
1 20 the officer for official use when the officer is involved in
1 21 duty in which a fictitious identity is necessary. An officer
1 22 issued a license pursuant to this section shall surrender the
1 23 license when the license is no longer needed.
1 24 3. a. A license issued pursuant to this section shall
1 25 only be used in the line of duty when it is necessary for the
1 26 officer holding the license to assume a fictitious identity.
1 27 An officer issued a license pursuant to this section shall
1 28 report as soon as practical to the law enforcement agency
1 29 employing the officer any traffic citation issued to the
1 30 officer while using the officer's fictitious identity.
1 31 b. An officer using a license issued under this section
1 32 shall not be prosecuted for a public offense under this
1 33 chapter if the offense was committed in the line of duty and
1 34 was necessary to protect the identity of the officer.
1 35 4. a. An officer who provides the department false
2 1 information for the purposes of obtaining a license under this
2 2 section commits a class "D" felony.
2 3 b. An officer who displays or uses a license issued
2 4 pursuant to this section during the commission or attempted
2 5 commission of a public offense other than a public offense
2 6 referred to in subsection 3 or who knowingly permits another
2 7 person to use the license issued under this section commits a
2 8 class "D" felony.
2 9 c. An officer who displays or uses a license issued
2 10 pursuant to this section in any manner which is not a public
2 11 offense but which is not authorized under this section or who
2 12 knowingly fails or refuses to surrender the license upon
2 13 demand by the department commits an aggravated misdemeanor.
2 14 5. The fee for issuing a license under this section shall
2 15 be the same as for licenses issued pursuant to section
2 16 321.189.
2 17 6. The department shall keep as confidential public
2 18 records under section 22.7, all records regarding licenses
2 19 issued under this section.
2 20 EXPLANATION
2 21 This bill authorizes the state department of transportation
2 22 to issue a motor vehicle license to a peace officer or federal
2 23 law enforcement officer for the purpose of providing the
2 24 officer with a fictitious identity for use in the line of
2 25 duty. The officer must also be qualifed to obtain the type of
2 26 license sought. The department of transportation is directed
2 27 to adopt administrative rules under chapter 17A in cooperation
2 28 with the commissioner of public safety to implement the
2 29 provisions of this bill. Motor vehicle licenses include
2 30 driver's licenses, chauffeur's licenses, commercial driver's
2 31 licenses, and motorcycle licenses.
2 32 The bill provides that undercover licenses shall only be
2 33 issued at the request of the law enforcement agency employing
2 34 the officer who needs the license and limits use of the
2 35 license to official duty when a fictitious identity is
3 1 necessary. When the officer no longer needs the license for
3 2 undercover duties, the license shall be surrendered.
3 3 The bill also requires the officer using the fictitious
3 4 identity to report traffic citations issued the officer while
3 5 using the undercover license. An officer using an undercover
3 6 license on official business is not subject to prosecution for
3 7 violations of chapter 321 if the violation was necessary to
3 8 protect the identity of the officer.
3 9 An officer who provides false information to the department
3 10 to obtain an undercover license, who uses the license during
3 11 the commission of a crime other than provided for by the bill,
3 12 or who knowingly allows another person to use the license
3 13 commits a class "D" felony. A person who uses the license
3 14 improperly, without committing a public offense, or who fails
3 15 to surrender the license commits an aggravated misdemeanor.
3 16 The bill provides that the fee for an undercover license is
3 17 the same as for issuance of any of the regular licenses issued
3 18 by the department. In addition, records regarding the
3 19 issuance of an undercover license are confidential public
3 20 records.
3 21 LSB 1709SC 77
3 22 mk/cf/24
Text: SSB00133 Text: SSB00135 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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