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 71.a. All applications denied and the reasons for the 1 8 denial. 1 92.b. All applications granted. 1 103.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 toaeither 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 departmentshall rescinda 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