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