Text: HSB00068                          Text: HSB00070
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 69

Bill Text

PAG LIN
  1  1    Section 1.  Section 805.6, subsection 5, Code 2001, is
  1  2 amended to read as follows:
  1  3    5.  The uniform citation and complaint shall contain a
  1  4 place for the verification of the officer issuing the
  1  5 complaint.  The complaint may be verified in accordance with
  1  6 section 622.1 before the chief officer of the law enforcement
  1  7 agency, or the chief officer's designee.  The chief officer of
  1  8 each law enforcement agency of the state may designate
  1  9 specific individuals to administer oaths and certify
  1 10 verifications.
  1 11    Sec. 2.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 12 3, shall not apply to this Act.  
  1 13                           EXPLANATION
  1 14    This bill amends Code section 805.6 relating to the
  1 15 issuance of a uniform citation and complaint.
  1 16    The bill requires a uniform citation and complaint to be
  1 17 issued under oath and certified by the chief officer of a law
  1 18 enforcement agency issuing the citation or the chief officer's
  1 19 designee.  Under current law, which was ruled unconstitutional
  1 20 under Article I, section 11, of the Iowa Constitution, the
  1 21 issuance of a uniform citation and complaint may be made by an
  1 22 unsworn written statement if the person making the statement
  1 23 certifies the matter is true under penalty of perjury.
  1 24    A uniform citation and complaint is generally used for
  1 25 charging traffic violations under state law or local
  1 26 ordinance, and for charging misdemeanors designated as
  1 27 scheduled violations.
  1 28    The bill may include a state mandate as defined in Code
  1 29 section 25B.3.  This bill makes inapplicable Code section
  1 30 25B.2, subsection 3, which would relieve a political
  1 31 subdivision from complying with a state mandate if funding for
  1 32 the cost of the state mandate is not provided or specified.
  1 33 Therefore, political subdivisions are required to comply with
  1 34 any state mandate included in this bill.  
  1 35 LSB 1052DP 79
  2  1 jm/pj/5
     

Text: HSB00068                          Text: HSB00070
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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