Text: S05255                            Text: S05257
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5256

Amendment Text

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 held if one of
  1 13 the following occurs:
  1 14    (1)  That The 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)  That The 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  1 31 under this section shall be rescinded under any of the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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