House File 652 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


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

                                      A BILL FOR

  1 An Act providing for the reinstatement of a person's driver's
  2    license or nonresident operating privilege relating to an
  3    operating=while=intoxicated offense not resulting in a
  4    conviction or deferred judgment.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2811HH 81
  7 rh/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  321J.2C  DISMISSAL OF
  1  2 PROSECUTION.
  1  3    1.  Notwithstanding any other provision of this chapter to
  1  4 the contrary, if a violation of section 321J.2 or 321J.2A does
  1  5 not result in a conviction or deferred judgment, and the
  1  6 person's driver's license or nonresident operating privilege
  1  7 has been revoked under section 321J.9 or 321J.12 or the
  1  8 revocation has been stayed pursuant to section 321J.13 for the
  1  9 occurrence from which the arrest arose, the department shall,
  1 10 upon receipt of the court order finding the person not guilty
  1 11 or otherwise dismissing the prosecution, immediately rescind
  1 12 the revocation and reinstate the person's license or
  1 13 nonresident operating privilege.
  1 14    2.  Notwithstanding any other provision of this chapter or
  1 15 chapter 321 to the contrary, if a person's license or
  1 16 nonresident operating privilege is reinstated pursuant to
  1 17 subsection 1 the director shall immediately correct by
  1 18 removing from the person's driving record any entry pertaining
  1 19 to a revocation under section 321J.9 or 321J.12 for the same
  1 20 occurrence from which the arrest arose.
  1 21                           EXPLANATION
  1 22    This bill relates to reinstatement of a person's driver's
  1 23 license or nonresident operating privilege following a
  1 24 prosecution for an operating=while=intoxicated offense which
  1 25 does not result in a conviction or a deferred judgment.
  1 26    The bill provides that in any prosecution for an operating=
  1 27 while=intoxicated offense that does not result in a conviction
  1 28 or a deferred judgment where the person's driver's license or
  1 29 nonresident operating privilege was revoked, the department of
  1 30 transportation shall, upon receipt of the court order finding
  1 31 the person not guilty or otherwise dismissing the prosecution,
  1 32 immediately rescind the revocation and reinstate the person's
  1 33 driver's license or nonresident operating privilege.
  1 34    The bill further directs the director of the department of
  1 35 transportation to immediately correct by removing from the
  2  1 person's driving record any entry pertaining to the person's
  2  2 rescinded revocation.
  2  3 LSB 2811HH 81
  2  4 rh:rj/gg/14