House File 17 - Introduced HOUSE FILE 17 BY WOLFE A BILL FOR An Act providing for recision of administrative driver’s 1 license revocations in operating-while-intoxicated cases 2 where there are no longer reasonable grounds to believe the 3 person was operating the motor vehicle. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1044YH (3) 86 ns/nh

H.F. 17 Section 1. Section 321J.13, subsection 6, paragraph b, Code 1 2015, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (3) That the charge be dismissed because 3 there are no longer reasonable grounds to believe the person 4 was operating the motor vehicle. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill provides for recision of administrative driver’s 9 license revocations in operating-while-intoxicated (OWI) cases 10 where there are no longer reasonable grounds to believe the 11 person was operating the motor vehicle. 12 Current law provides that the department of transportation 13 (DOT) may revoke an individual’s driver’s license for OWI 14 before the completion of the individual’s criminal OWI 15 proceeding. However, current law also provides that the DOT 16 must rescind the revocation where the court in the individual’s 17 criminal OWI proceeding makes certain findings. 18 The bill provides for an additional finding under which the 19 DOT must rescind the revocation of an individual’s driver’s 20 license. The bill requires the DOT to rescind the revocation 21 where the court dismisses the individual’s OWI charge with 22 the stated reason for such dismissal being that new evidence 23 establishes there are no longer reasonable grounds to believe 24 the individual was operating the motor vehicle. 25 -1- LSB 1044YH (3) 86 ns/nh 1/ 1