House Journal: Page 639: Thursday, March 11, 1999

20   the person whose motor vehicle license or operating

21   privilege has been or is being revoked under section
22   321J.9 or 321J.12 submits a petition containing
23   information relating to the discovery of new evidence
24   that provides grounds for recision of the revocation.
25     b.  The person shall prevail at the hearing if, in
26   the criminal action on the charge of violation of
27   section 321J.2 or 321J.2A resulting from the same
28   circumstances that resulted in the administrative
29   revocation being challenged, the court held one of the
30   following:
31     (1)  That the peace officer did not have reasonable
32   grounds to believe that a violation of section 321J.2
33   or 321J.2A had occurred to support a request for or to
34   administer a chemical test.
35     (2)  That the chemical test was otherwise
36   inadmissible or invalid.
37     c.  Such a holding by the court in the criminal
38   action is binding on the department, and the
39   department shall rescind the revocation."
40     7.  Page 12, by inserting after line 27 the
41   following:
42     "Sec.     .  Section 805.8, subsection 2, paragraph
43   d, Code 1999, is amended to read as follows:
44     d.  For improper equipment under section 321.404A
45   or section 321.438, subsection 2, the scheduled fine
46   is fifteen dollars."
47     8.  Page 13, by inserting after line 16 the
48   following:
49     "     .  Section 100, amending section 321A.17.
50         .  Section 15, amending section 321E.8."
Page 4
 1     9.  Page 13, by inserting after line 17 the
 2   following:
 3     "     .  Section 200, amending section 321J.13."
 4     10.  Title page, line 6, by inserting after the
 5   word "education," the following:  "transportation of
 6   students, equipment on vehicles, recision of a
 7   driver's license revocation,".
 8     11.  By renumbering and correcting internal
 9   references as necessary.
Amendment H?1074 was adopted.
SENATE FILE 203 SUBSTITUTED FOR HOUSE FILE 441
Huser of Polk asked and received unanimous consent to substitute 
Senate File 203 for House File 441.

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