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PAG LIN
1 1 Section 1. Section 321A.17, Code 1999, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 8. This section does not apply to an
1 4 individual whose administrative license revocation has been
1 5 rescinded under section 321J.13, and who is otherwise under no
1 6 obligation to furnish proof of financial responsibility.
1 7 Sec. 2. Section 321J.13, Code 1999, is amended by adding
1 8 the following new subsection:
1 9 NEW SUBSECTION. 6. a. The department shall grant a
1 10 request for a hearing to rescind the revocation if the person
1 11 whose motor vehicle license or operating privilege has been or
1 12 is being revoked under section 321J.9 or 321J.12 submits a
1 13 petition containing information relating to the discovery of
1 14 new evidence that provides grounds for recision of the
1 15 revocation.
1 16 b. The person shall prevail at the hearing if, in the
1 17 criminal action on the charge of violation of section 321J.2
1 18 or 321J.2A resulting from the same circumstances that resulted
1 19 in the administrative revocation being challenged, the court
1 20 held one of the following:
1 21 (1) That the peace officer did not have reasonable grounds
1 22 to believe that a violation of section 321J.2 or 321J.2A had
1 23 occurred to support a request for or to administer a chemical
1 24 test.
1 25 (2) That the chemical test was otherwise inadmissible or
1 26 invalid.
1 27 c. Such a holding by the court in the criminal action is
1 28 binding on the department, and the department shall rescind
1 29 the revocation.
1 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 31 immediate importance, takes effect upon enactment.
1 32 EXPLANATION
1 33 This bill adds a subsection to Code section 321J.13, which
1 34 regulates administrative revocations of driver's licenses
1 35 under the chapter dealing with operating while intoxicated
2 1 violations. This subsection replaces a provision on reopening
2 2 revocation hearings that was completely struck in 1997
2 3 legislation.
2 4 The new subsection, like the subsection that was struck,
2 5 provides that a person may reopen a revocation hearing by
2 6 filing a petition stating that there is new evidence requiring
2 7 recision of the revocation. The person may prevail in the
2 8 hearing by showing that, in the criminal action resulting from
2 9 the same violation of Code chapter 321J that caused the
2 10 administrative revocation of the license, the court held that
2 11 the peace officer did not have reasonable grounds to request
2 12 or administer a chemical test, or that the chemical test was
2 13 otherwise inadmissible or invalid.
2 14 A related provision is also added to Code section 321A.17,
2 15 regarding proof of financial responsibility. The subsection
2 16 eliminates the need for proof of financial responsibility by a
2 17 driver whose license revocation is rescinded, provided that
2 18 the driver is under no other legal obligation to provide proof
2 19 of financial responsibility.
2 20 The bill takes effect upon enactment.
2 21 LSB 1557XS 78
2 22 jj/cf/24
Text: SF00029 Text: SF00031 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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