Text: S03029                            Text: S03031
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3030

Amendment Text

PAG LIN
  1  1    Amend Senate File 203 as follows:
  1  2    #1.  Page 10, by inserting after line 26 the
  1  3 following:
  1  4    "Sec. 100.  Section 321A.17, Code 1999, is amended
  1  5 by adding the following new subsection:
  1  6    NEW SUBSECTION.  8.  This section does not apply to
  1  7 an individual whose administrative license revocation
  1  8 has been rescinded under section 321J.13, and who is
  1  9 otherwise under no obligation to furnish proof of
  1 10 financial responsibility."
  1 11    #2.  Page 11, by inserting after line 26 the
  1 12 following:
  1 13    "Sec. 200.  Section 321J.13, Code 1999, is amended
  1 14 by adding the following new subsection:
  1 15    NEW SUBSECTION.  6.  a.  The department shall grant
  1 16 a request for a hearing to rescind the revocation if
  1 17 the person whose motor vehicle license or operating
  1 18 privilege has been or is being revoked under section
  1 19 321J.9 or 321J.12 submits a petition containing
  1 20 information relating to the discovery of new evidence
  1 21 that provides grounds for recision of the revocation.
  1 22    b.  The person shall prevail at the hearing if, in
  1 23 the criminal action on the charge of violation of
  1 24 section 321J.2 or 321J.2A resulting from the same
  1 25 circumstances that resulted in the administrative
  1 26 revocation being challenged, the court held one of the
  1 27 following:
  1 28    (1)  That the peace officer did not have reasonable
  1 29 grounds to believe that a violation of section 321J.2
  1 30 or 321J.2A had occurred to support a request for or to
  1 31 administer a chemical test.
  1 32    (2)  That the chemical test was otherwise
  1 33 inadmissible or invalid.
  1 34    c.  Such a holding by the court in the criminal
  1 35 action is binding on the department, and the
  1 36 department shall rescind the revocation."
  1 37    #3.  Page 13, by inserting after line 16 the
  1 38 following:
  1 39    "   .  Section 100, amending section 321A.17."
  1 40    #4.  Page 13, by inserting after line 17 the
  1 41 following:
  1 42    "   .  Section 200, amending section 321J.13."
  1 43    #5.  Title page, line 6, by inserting after the
  1 44 word "education," the following:  "recision of a
  1 45 driver's license revocation,".
  1 46    #6.  By renumbering as necessary.  
  1 47 
  1 48 
  1 49                               
  1 50 JEFF LAMBERTI 
  2  1 SF 203.301 78
  2  2 nh/cf/24
     

Text: S03029                            Text: S03031
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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