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Senate Amendment 5209

Amendment Text

PAG LIN
  1  1    Amend House File 2331, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 20, by inserting after line 3, the
  1  4 following:
  1  5    "100.  The court shall rescind any revocation and
  1  6 civil penalty ordered under this section under any of
  1  7 the following circumstances:
  1  8    a.  When the court holds, on the charge of a
  1  9 violation of section 462A.14 which arises out of the
  1 10 same facts and circumstances, that the peace officer
  1 11 did not have reasonable grounds to believe that a
  1 12 violation of section 462A.14 had occurred to support a
  1 13 request for or to administer a chemical test.
  1 14    b.  When the court holds, on the charge of a
  1 15 violation of section 462A.14 which arises out of the
  1 16 same facts and circumstances, that the chemical test
  1 17 was otherwise inadmissible or invalid.
  1 18    c.  When the person is acquitted on the charge of a
  1 19 violation of section 462A.14 which arises out of the
  1 20 same facts and circumstances.
  1 21    d.  When the criminal action under section 462A.14,
  1 22 which arises out of the same facts and circumstances,
  1 23 is otherwise dismissed by the court.
  1 24    e.  When the rulings by the court in the criminal
  1 25 action under section 462A.14, which arises out of the
  1 26 same facts and circumstances, otherwise support
  1 27 recision of the revocation and civil penalty."
  1 28    #2.  Page 24, by inserting after line 19, the
  1 29 following:
  1 30    "Sec. 101.  Section 321J.13, subsection 6,
  1 31 paragraph b, Code Supplement 1999, is amended to read
  1 32 as follows:
  1 33    b.  The person shall prevail at the hearing if, in
  1 34 the criminal action on the charge of violation of
  1 35 section 321J.2 or 321J.2A resulting from the same
  1 36 circumstances that resulted in the administrative
  1 37 revocation being challenged, the court held if one of
  1 38 the following occurs:
  1 39    (1)  That The court held that the peace officer did
  1 40 not have reasonable grounds to believe that a
  1 41 violation of section 321J.2 or 321J.2A had occurred to
  1 42 support a request for or to administer a chemical
  1 43 test.
  1 44    (2)  That The court held that the chemical test was
  1 45 otherwise inadmissible or invalid.
  1 46    (3)  The defendant is acquitted on the charge.
  1 47    (4)  The case is otherwise dismissed by the court.
  1 48    (5)  The rulings of the court in the criminal
  1 49 action on the charge that resulted in the
  1 50 administrative revocation otherwise support recision
  2  1 of the revocation.
  2  2    Sec.    .  Section 321J.17, Code 1999, is amended
  2  3 by adding the following new subsection:
  2  4    NEW SUBSECTION.  3.  This section shall not apply
  2  5 and any civil penalty ordered or other order imposed
  2  6 under this section shall be rescinded under any of the
  2  7 following circumstances:
  2  8    a.  When the court holds, on the charge of a
  2  9 violation of section 321J.2 or 321J.2A which arises
  2 10 out of the same facts and circumstances, that the
  2 11 peace officer did not have reasonable grounds to
  2 12 believe that a violation of section 321J.2 or 321J.2A
  2 13 had occurred to support a request for or to administer
  2 14 a chemical test.
  2 15    b.  When the court holds, on the charge of a
  2 16 violation of section 321J.2 or 321J.2A which arises
  2 17 out of the same facts and circumstances, that the
  2 18 chemical test was otherwise inadmissible or invalid.
  2 19    c.  When the person is acquitted on the charge of a
  2 20 violation of section 321J.2 or 321J.2A arising out of
  2 21 the same facts and circumstances.
  2 22    d.  When the criminal action arising out of the
  2 23 same facts and circumstances in which the person is
  2 24 charged with a violation of section 321J.2 or 321J.2A
  2 25 is otherwise dismissed by the court.
  2 26    e.  When the rulings by the court in the criminal
  2 27 action arising out of the same facts and circumstances
  2 28 in which the person is charged with a violation of
  2 29 section 321J.2 or 321J.2A otherwise support recision
  2 30 of the revocation and civil penalty."
  2 31    #3.  Page 25, by inserting after line 23, the
  2 32 following:
  2 33    "Sec.   .  RETROACTIVE APPLICABILITY.  Section 101
  2 34 of this Act shall apply retroactively to July 1,
  2 35 1997."
  2 36    #4.  Title page, line 2, by striking the words
  2 37 "providing penalties" and inserting the following:
  2 38 "operator penalties and providing for retroactive
  2 39 applicability".
  2 40    #5.  By numbering and renumbering as necessary.  
  2 41 
  2 42 
  2 43                               
  2 44 JEFF LAMBERTI
  2 45 HF 2331.2
  2 46 lh/cc/26
     

Text: S05208                            Text: S05210
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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