Text: S05255 Text: S05257 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2511, as passed by the House, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Sec. 101. Section 321J.13, subsection 6, 1 6 paragraph b, Code Supplement 1999, is amended to read 1 7 as follows: 1 8 b. The person shall prevail at the hearing if, in 1 9 the criminal action on the charge of violation of 1 10 section 321J.2 or 321J.2A resulting from the same 1 11 circumstances that resulted in the administrative 1 12 revocation being challenged,the court heldif one of 1 13 the following occurs: 1 14 (1)ThatThe court held that the peace officer did 1 15 not have reasonable grounds to believe that a 1 16 violation of section 321J.2 or 321J.2A had occurred to 1 17 support a request for or to administer a chemical 1 18 test. 1 19 (2)ThatThe court held that the chemical test was 1 20 otherwise inadmissible or invalid. 1 21 (3) The defendant is acquitted on the charge. 1 22 (4) The case is otherwise dismissed by the court. 1 23 (5) The rulings of the court in the criminal 1 24 action on the charge that resulted in the 1 25 administrative revocation otherwise support recision 1 26 of the revocation. 1 27 Sec. . Section 321J.17, Code 1999, is amended 1 28 by adding the following new subsection: 1 29 NEW SUBSECTION. 3. This section shall not apply 1 30 and any civil penalty ordered or other order imposed 1 31 under this section shall be rescinded under any of the 1 32 following circumstances: 1 33 a. When the court holds, on the charge of a 1 34 violation of section 321J.2 or 321J.2A which arises 1 35 out of the same facts and circumstances, that the 1 36 peace officer did not have reasonable grounds to 1 37 believe that a violation of section 321J.2 or 321J.2A 1 38 had occurred to support a request for or to administer 1 39 a chemical test. 1 40 b. When the court holds, on the charge of a 1 41 violation of section 321J.2 or 321J.2A which arises 1 42 out of the same facts and circumstances, that the 1 43 chemical test was otherwise inadmissible or invalid. 1 44 c. When the person is acquitted on the charge of a 1 45 violation of section 321J.2 or 321J.2A arising out of 1 46 the same facts and circumstances. 1 47 d. When the criminal action arising out of the 1 48 same facts and circumstances in which the person is 1 49 charged with a violation of section 321J.2 or 321J.2A 1 50 is otherwise dismissed by the court. 2 1 e. When the rulings by the court in the criminal 2 2 action arising out of the same facts and circumstances 2 3 in which the person is charged with a violation of 2 4 section 321J.2 or 321J.2A otherwise support recision 2 5 of the revocation and civil penalty." 2 6 #2. Page 2, by inserting after line 23 the 2 7 following: 2 8 "Sec. . RETROACTIVE APPLICABILITY. Section 101 2 9 of this Act shall apply retroactively to July 1, 2 10 1997." 2 11 #3. Title page, line 1, by inserting after the 2 12 word "Act" the following: "relating to drinking 2 13 drivers by". 2 14 #4. Title page, line 5, by inserting after the 2 15 word "more," the following: "modifying the 2 16 application of certain operator penalties for 2 17 operating while intoxicated, providing for retroactive 2 18 applicability,". 2 19 #5. By renumbering as necessary. 2 20 2 21 2 22 2 23 JEFF LAMBERTI 2 24 HF 2511.1 2 25 vl/cc/26
Text: S05255 Text: S05257 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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