2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.189A - DRIVER'S LICENSE FOR UNDERCOVER LAW ENFORCEMENT OFFICERS -- FEE -- PENALTIES.

        321.189A  DRIVER'S LICENSE FOR UNDERCOVER LAW
      ENFORCEMENT OFFICERS -- FEE -- PENALTIES.
         1.  The department may issue undercover driver's licenses to
      certified peace officers employed by a local authority or by the
      state or federal law enforcement officers for use in the line of duty
      when a fictitious identity is necessary.  The department, in
      cooperation with the commissioner of public safety, shall adopt rules
      pursuant to chapter 17A regarding the issuance, use, and cancellation
      of licenses issued pursuant to this section.
         2.  A license issued pursuant to this section shall only be issued
      to a certified peace officer or federal law enforcement officer, who
      is qualified to obtain the class of license sought, at the request of
      the law enforcement agency employing the officer for official use
      when the officer is involved in duty in which a fictitious identity
      is necessary.  An officer issued a license pursuant to this section
      shall surrender the license when the license is no longer needed.
         3. a.  A license issued pursuant to this section shall only be
      used in the line of duty when it is necessary for the officer holding
      the license to assume a fictitious identity.  An officer issued a
      license pursuant to this section shall report as soon as practical to
      the law enforcement agency employing the officer any traffic citation
      issued to the officer while using the officer's fictitious identity.

         b.  An officer using a license issued under this section shall
      not be prosecuted for a public offense under this chapter if the
      offense was committed in the line of duty and was necessary to
      protect the identity of the officer.  However, this paragraph shall
      not apply to a violation of subsection 4, paragraph "a".
         4. a.  An officer who provides the department false
      information for the purposes of obtaining a license under this
      section commits a class "D" felony.
         b.  An officer who displays or uses a license issued pursuant
      to this section during the commission or attempted commission of a
      public offense other than a public offense referred to in subsection
      3 or who knowingly permits another person to use the license issued
      under this section commits a class "D" felony.
         c.  An officer who displays or uses a license issued pursuant
      to this section in any manner which is not a public offense but which
      is not authorized under this section or who knowingly fails or
      refuses to surrender the license upon demand by the department
      commits an aggravated misdemeanor.
         5.  The fee for issuing a license under this section shall be the
      same as for licenses issued pursuant to section 321.189.
         6.  The department shall keep as confidential public records under
      section 22.7, all records regarding licenses issued under this
      section.  
         Section History: Recent Form
         97 Acts, ch 92, §2; 98 Acts, ch 1073, §10
         Referred to in § 22.7

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