This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 1921: Wednesday, April 22, 1998

H-9271

 1     Amend House File 2163, as passed by the House, as
 2   follows:
 3     1.  Page 1, by striking lines 16 through 29 and
 4   inserting the following:
 5     "b.  A person whose motor vehicle license or
 6   operating privilege has been revoked under section
 7   321J.12 after an administrative hearing under this
 8   section, and who was subsequently acquitted of
 9   operating while intoxicated in the criminal
10   proceedings arising from the same incident which led
11   to the revocation or had such criminal charges
12   dismissed, may petition the department within twenty
13   days of such acquittal or dismissal to reopen the
14   administrative hearing for the purpose of offering new
15   evidence that the person was not operating with an
16   alcohol concentration as defined in section 321J.1 of
17   .10 or more.
18     c.  At a reopened hearing, all parties shall have
19   the opportunity to be present in person or via
20   telephonic transmission, and to present any evidence
21   and argument relevant to the question of whether the
22   person was operating with an alcohol concentration as
23   defined in section 321J.1 of .10 or more provided that
24   such evidence was not excluded in the criminal
25   proceeding.
26     d.  If the person proves any of the following, the
27   revocation shall be rescinded:
28     (1)  The chemical test that led to the revocation
29   was invalid.
30     (2)  Based on evidence of errors of law, mistakes
31   of fact, or illegal or improper conduct occurring in
32   relation to the stop or the arrest, the results of the
33   chemical test that led to the revocation cannot be
34   reasonably relied upon.
35     e.  Costs shall not be taxed to a prevailing party
36   at a reopened hearing."
37     2.  By renumbering as necessary.
Lamberti of Polk offered the following amendment H-9330, to the
Senate amendment H-9271, filed by him from the floor and moved
its adoption:

H-9330

 1     Amend the amendment, H-9271, to House File 2163, as
 2   amended, passed, and reprinted by the House, as
 3   follows:
 4     1.  Page 1, lines 12 through 13, by striking the
 5   words "within twenty days of such acquittal or
 6   dismissal".

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Apr 28 03:40:02 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01900/01921.html
jhf