Senate File 2014

                                       SENATE FILE       
                                       BY  BRUNKHORST


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the reinstatement of a person's driver's
  2    license or nonresident operating privilege following a
  3    prosecution for an operating=while=intoxicated offense which
  4    does not result in a conviction.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5674SS 80
  7 rh/gg/14

PAG LIN

  1  1    Section 1.  NEW SECTION.  321J.2C  PERSONS FOUND NOT
  1  2 GUILTY.
  1  3    1.  Notwithstanding any other provision of this chapter to
  1  4 the contrary, if any prosecution for a violation of section
  1  5 321J.2 or 321J.2A does not result in a conviction, and the
  1  6 person's driver's license or nonresident operating privilege
  1  7 has been revoked under section 321J.12 for the occurrence from
  1  8 which the arrest arose, the department shall, upon receipt of
  1  9 the court order finding the person not guilty, immediately
  1 10 rescind the revocation order and reinstate the person's
  1 11 license or nonresident operating privilege.
  1 12    2.  Notwithstanding section 321.12 or any other provision
  1 13 of chapter 321 or 321J to the contrary, the director shall
  1 14 immediately destroy any operating records pertaining to a
  1 15 revocation under section 321J.12 for the occurrence from which
  1 16 an arrest arose when the person was subsequently prosecuted
  1 17 and found not guilty upon receipt of the court order finding
  1 18 the person not guilty.
  1 19                           EXPLANATION
  1 20    This bill relates to reinstatement of a person's driver's
  1 21 license or nonresident operating privilege following a
  1 22 prosecution for an operating=while=intoxicated offense which
  1 23 does not result in a conviction.
  1 24    The bill provides that in any prosecution for an operating=
  1 25 while=intoxicated offense that does not result in a conviction
  1 26 where the person's driver's license or nonresident operating
  1 27 privilege was revoked, the department of transportation shall,
  1 28 upon receipt of the court order finding the person not guilty,
  1 29 immediately rescind the revocation order and reinstate the
  1 30 person's driver's license or nonresident operating privilege.
  1 31    The bill further directs the director of the department of
  1 32 transportation to immediately destroy any operating records
  1 33 pertaining to the person's driver's license or nonresident
  1 34 operating privilege revocation.
  1 35 LSB 5674SS 80
  2  1 rh/gg/14