Bill Text: IA HF17 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 17 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act providing for recision of administrative driver's license revocations in operating-while-intoxicated cases where there are no longer reasonable grounds to believe the person was operating the motor vehicle.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-01-22 - Subcommittee, Branhagen, Jones, and Wolfe. H.J. 143. [HF17 Detail]

Download: Iowa-2015-HF17-Introduced.html

House File 17 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act providing for recision of administrative driver's
  2    license revocations in operating=while=intoxicated cases
  3    where there are no longer reasonable grounds to believe the
  4    person was operating the motor vehicle.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



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