Senate File 345 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 6)
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 criminal action in an operating=while=intoxicated case
4 resulting from the same circumstances that resulted in the
5 administrative revocation being challenged in which the court
6 found that the peace officer did not have reasonable grounds
7 to administer a chemical test or that the chemical test was
8 otherwise inadmissible or invalid.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 TLSB 1546SV 81
11 rh/gg/14
PAG LIN
1 1 Section 1. Section 321.199, Code 2005, is amended to read
1 2 as follows:
1 3 321.199 DRIVER'S LICENSE RECORDS.
1 4 1. The department shall file every application for a
1 5 license received by it and shall maintain suitable indexes
1 6 containing, in alphabetical order, all of the following:
1 7 1. a. All applications denied and the reasons for the
1 8 denial.
1 9 2. b. All applications granted.
1 10 3. c. The name of every licensee who has been
1 11 disqualified from operating a commercial motor vehicle or
1 12 whose license has been suspended, revoked, or canceled by the
1 13 department and after each name a note on the reasons for the
1 14 action.
1 15 2. The department, upon receiving a copy of a court order
1 16 that includes language rescinding a person's driver's license
1 17 or nonresident operating privilege revocation pursuant to
1 18 section 321J.13, shall purge such revocation from its records.
1 19 Sec. 2. Section 321.218A, Code 2005, is amended to read as
1 20 follows:
1 21 321.218A CIVIL PENALTY == DISPOSITION == REINSTATEMENT.
1 22 1. When the department suspends, revokes, or bars a
1 23 person's driver's license or nonresident operating privilege
1 24 for a conviction under this chapter, the department shall
1 25 assess the person a civil penalty of two hundred dollars.
1 26 However, for persons age nineteen or under, the civil penalty
1 27 assessed shall be fifty dollars.
1 28 2. The civil penalty assessed pursuant to subsection 1
1 29 does not apply to a either of the following:
1 30 a. A suspension issued for a violation of section
1 31 321.180B.
1 32 b. A recision of a person's driver's license or
1 33 nonresident operating privilege revocation pursuant to section
1 34 321J.13.
1 35 3. The money collected by the department under this
2 1 section shall be transmitted to the treasurer of state who
2 2 shall deposit the money in the juvenile detention home fund
2 3 created in section 232.142. A temporary restricted license
2 4 shall not be issued or a driver's license or nonresident
2 5 operating privilege reinstated until the civil penalty has
2 6 been paid.
2 7 Sec. 3. Section 321J.13, subsection 6, paragraph c, Code
2 8 2005, is amended to read as follows:
2 9 c. Such a holding by the court in the criminal action is
2 10 binding on the department, and the court shall send the
2 11 department shall rescind a copy of the order that includes
2 12 language rescinding the person's driver's license or
2 13 nonresident operating privilege revocation.
2 14 EXPLANATION
2 15 This bill relates to an administrative recision of a
2 16 person's driver's license or nonresident's operating privilege
2 17 revocation following a criminal action in an operating=while=
2 18 intoxicated case.
2 19 Current Code section 321J.13, subsection 6, provides that
2 20 the department of transportation shall, upon hearing, rescind
2 21 a person's driver's license or nonresident's operating
2 22 privilege revocation resulting from a criminal action in an
2 23 operating=while=intoxicated offense if, in the criminal action
2 24 on the operating=while=intoxicated offense resulting from the
2 25 same circumstances that resulted in the administrative
2 26 revocation being challenged, the court held that either the
2 27 peace officer involved in the case did not have reasonable
2 28 grounds to support a request for or to administer a chemical
2 29 test or that the chemical test was otherwise inadmissible or
2 30 invalid.
2 31 The bill specifies that upon such a holding the court shall
2 32 send the department a copy of the court order that
2 33 specifically includes language rescinding the person's
2 34 driver's license or nonresident operating privilege revocation
2 35 and the department shall purge the revocation from its
3 1 records.
3 2 The bill further provides that the civil penalty fine of
3 3 $200 that is assessed by the department when a person's
3 4 license or nonresident's operating privilege is suspended,
3 5 revoked, or barred shall not apply to a recision of a
3 6 revocation pursuant to Code section 321J.13.
3 7 LSB 1546SV 81
3 8 rh:rj/gg/14