House Journal: Page 1490: Wednesday, April 25, 2001
1 Amend the amendment, H-1517, to Senate File 350, as
2 passed by the Senate, as follows:
3 1. Page 1, by striking line 5 and inserting the
5 "Sec. . Section 321J.13, subsection 6,
6 paragraph b, Code 2001, is amended by adding the
7 following new subparagraph:
8 NEW SUBPARAGRAPH. (3) That the peace officer
9 provided false testimony affecting the determination
10 of reasonable grounds to believe that a violation of
11 section 321J.2 or 321J.2A had occurred, including
12 reasonable grounds to believe that the person was
13 operating a motor vehicle, to support a request for or
14 to administer a chemical test.
15 Sec. . Section 321J.13, subsection 6, paragraph
16 c, Code 2001, is amended to read as follows:
Such a A holding under paragraph "b" by the
18 court in the criminal action, if the holding includes
19 written findings of fact based on testimony under
20 oath, is binding on the department, and the department
21 shall rescind the revocation. In any criminal
22 prosecution under this chapter, the state shall not
23 stipulate to facts without probable cause to support
24 the facts in order to obtain a holding under paragraph
25 "b" by the court.
26 Sec. . Section 321J.21, Code 2001, is amended".
27 2. Page 1, line 29, by inserting before the word
28 "driving" the following: "revocation of operating
29 privileges for operating while intoxicated,".
30 3. By renumbering as necessary.
Amendment H(1566 was adopted.
Cohoon of Des Moines moved the adoption of amendment H-1517,
A non-record roll call was requested.
The ayes were 43, nays 48.
Amendment H-1517 lost.
T. Taylor of Linn asked and received unanimous consent to
withdraw amendment H-1580 filed by him on April 17, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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