House Amendment 1309
PAG LIN
1 1 Amend Senate File 356, as passed by the Senate, as
1 2 follows:
1 3 #1. By striking page 1, line 20, through page 5,
1 4 line 14, and inserting the following:
1 5 <Sec. . NEW SECTION. 321.200A CONVICTIONS
1 6 BASED UPON FRAUD.
1 7 1. If a person discovers a record of conviction
1 8 for a scheduled violation under this chapter was
1 9 entered by fraudulent use of the person's name or by
1 10 use of other fraudulent identification, the person
1 11 may, within one year of the date of the discovery of
1 12 the conviction, submit a written application to the
1 13 department to investigate the allegation. The
1 14 department may summarily reject the application as
1 15 submitted, or proceed to investigate the application.
1 16 If the department investigates the application, the
1 17 department may either deny the application or if the
1 18 department determines the allegation is warranted,
1 19 approve the application. If the department
1 20 investigates the application the department shall also
1 21 issue a report and findings with the decision of the
1 22 department. The rejection, approval, or denial of an
1 23 application is not subject to contested case
1 24 proceedings or further review as provided in chapter
1 25 17A. If the application is investigated, the
1 26 department shall provide the applicant with a
1 27 certified copy of the decision of the department. If
1 28 the department approves the application, the
1 29 department shall also provide the applicant with a
1 30 certified copy of the investigative report and
1 31 findings. The department shall also provide certified
1 32 copies of the department's decision approving or
1 33 denying the application together with the
1 34 investigative report and findings to the appropriate
1 35 prosecuting attorney in the city or county that
1 36 prosecuted the scheduled violation, and to the
1 37 district court in the county that prosecuted the
1 38 scheduled violation. The department may
1 39 electronically provide copies of any decision
1 40 approving or denying the application and the
1 41 investigative report and findings, to the district
1 42 court.
1 43 2. A person who discovers that a record of
1 44 conviction for a scheduled violation under this
1 45 chapter was entered by fraudulent use of the person's
1 46 name or by use of other fraudulent identification, may
1 47 bypass the application process in subsection 1, and
1 48 move in district court to set aside the judgment of
1 49 conviction within one year of discovery of the
1 50 conviction. An applicant with an approved application
2 1 under subsection 1, shall also move in district court
2 2 to set aside the judgment of conviction in order to
2 3 have the department expunge or alter the records of
2 4 the department or rescind or modify an administrative
2 5 sanction. If the district court grants the motion to
2 6 set aside the judgment, the district court shall order
2 7 the charging agency or official to modify the records
2 8 of the agency or official to reflect the order setting
2 9 aside the judgment. The clerk of the district court
2 10 shall provide the court order setting aside the
2 11 judgment, either by regular mail or electronic means,
2 12 to the charging agency or official, and the department
2 13 of transportation. The clerk of the district court
2 14 shall also provide the applicant with a certified copy
2 15 of the court order at no cost to the applicant.
2 16 3. Notwithstanding the department's approval of an
2 17 application pursuant to subsection 1, the department
2 18 shall not expunge or alter the records of the
2 19 department or rescind or modify an administrative
2 20 sanction unless the department receives an order from
2 21 the district court setting aside the previous judgment
2 22 of the court as provided in subsection 2. Upon
2 23 receiving a copy of an order from the district court
2 24 setting aside the previous judgment of the court, the
2 25 department shall expunge the record and shall rescind
2 26 any administrative sanction imposed upon the applicant
2 27 as a result of the judgment, unless the applicant is
2 28 subject to sanctions for other reasons. The
2 29 department may impose a new sanction if expunging the
2 30 judgment would result in a lesser or different
2 31 sanction.
2 32 4. The department shall adopt rules pursuant to
2 33 chapter 17A to implement this section.
2 34 Sec. . Section 811.9, Code 2009, is amended to
2 35 read as follows:
2 36 811.9 FORFEITURE OF APPEARANCE BOND.
2 37 Sections 811.6 through 811.8 shall not apply in a
2 38 case where a simple misdemeanor is charged upon a
2 39 uniform citation and complaint and where the defendant
2 40 has submitted an unsecured appearance bond or has
2 41 submitted bail in the form of cash, check, credit card
2 42 as provided in section 805.14, or guaranteed arrest
2 43 bond certificate as defined in section 321.1. When a
2 44 defendant fails to appear as required in such cases,
2 45 the court, or the clerk of the district court, shall
2 46 enter a judgment of forfeiture of the bond or bail.
2 47 The judgment shall be final upon entry and shall not
2 48 be set aside unless a conviction for a scheduled
2 49 violation under chapter 321 was set aside under the
2 50 procedures established in section 321.200A.>
3 1 #2. By renumbering as necessary.
3 2
3 3
3 4
3 5 COMMITTEE ON TRANSPORTATION
3 6 QUIRK of Chickasaw, Chairperson
3 7 SF 356.701 83
3 8 jm/nh/12506
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