Bill Text: IA HF2326 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to traffic violations involving the approach of certain stationary vehicles, including by providing for reporting of violations, requiring investigations, and providing for enforcement against vehicle owners.(Formerly HSB 557.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-10 - Introduced, placed on calendar. H.J. 218. [HF2326 Detail]
Download: Iowa-2021-HF2326-Introduced.html
House
File
2326
-
Introduced
HOUSE
FILE
2326
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
557)
(COMPANION
TO
SF
2133
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
traffic
violations
involving
the
approach
1
of
certain
stationary
vehicles,
including
by
providing
for
2
reporting
of
violations,
requiring
investigations,
and
3
providing
for
enforcement
against
vehicle
owners.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2326
Section
1.
NEW
SECTION
.
321.323B
Prompt
investigation
of
1
reported
violation
on
approach
to
stationary
vehicle
——
citation
2
issued
to
driver
or
owner.
3
1.
An
operator
of
an
authorized
emergency
vehicle,
towing
4
or
recovery
vehicle,
utility
maintenance
vehicle,
municipal
5
maintenance
vehicle,
highway
maintenance
vehicle,
construction
6
vehicle,
or
solid
waste
or
recycling
collection
service
7
vehicle,
whose
vehicle
is
stationary
and
displaying
flashing
8
lights,
or
any
peace
officer,
who
observes
a
violation
of
9
section
321.323A,
subsection
1
or
2,
may
prepare
a
written
10
report
on
a
form
provided
by
the
department
of
public
safety
11
indicating
that
a
violation
has
occurred.
The
operator
or
12
peace
officer
may
deliver
the
report
to
a
peace
officer
of
the
13
state
or
a
peace
officer
of
the
county
or
municipality
where
14
the
violation
occurred,
but
must
deliver
the
report
not
more
15
than
seventy-two
hours
after
the
violation
occurred.
The
16
report
must
state
the
time
and
location
of
the
violation
and
17
must
include
the
registration
plate
number
and
a
description
of
18
the
vehicle
involved
in
the
violation.
19
2.
Not
more
than
seven
calendar
days
after
receiving
a
20
report
pursuant
to
subsection
1
of
a
violation
of
section
21
321.323A,
subsection
1
or
2,
the
peace
officer
shall
initiate
22
an
investigation
of
the
reported
violation,
contact
the
owner
23
of
the
motor
vehicle
involved
in
the
reported
violation,
and
24
request
that
the
owner
supply
information
identifying
the
25
person
who
was
operating
the
motor
vehicle
in
accordance
with
26
section
321.484.
27
a.
If
the
investigating
peace
officer
identifies
the
person
28
who
was
operating
the
motor
vehicle
and
has
reasonable
cause
29
to
believe
a
violation
of
section
321.323A,
subsection
1
or
2,
30
has
occurred,
the
peace
officer
shall
serve
a
uniform
traffic
31
citation
for
the
violation
personally
or
by
certified
mail
to
32
the
identified
person.
33
b.
If
the
investigating
peace
officer
has
reasonable
cause
34
to
believe
that
a
violation
of
section
321.323A,
subsection
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1
or
2,
occurred
but
is
unable
to
identify
the
person
who
1
was
operating
the
motor
vehicle,
the
peace
officer
shall
2
serve
a
uniform
traffic
citation
for
the
violation
personally
3
or
by
certified
mail
to
the
owner
of
the
motor
vehicle.
4
Notwithstanding
section
321.484,
in
a
proceeding
where
the
5
peace
officer
who
conducted
the
investigation
was
not
able
6
to
identify
the
person
who
was
operating
the
motor
vehicle,
7
proof
that
the
motor
vehicle
described
in
the
uniform
traffic
8
citation
was
used
to
commit
a
violation
of
section
321.323A,
9
subsection
1
or
2,
together
with
proof
that
the
defendant
named
10
in
the
citation
was
the
owner
of
the
motor
vehicle
at
the
time
11
the
violation
occurred,
constitutes
a
permissible
inference
12
that
the
owner
was
the
person
who
committed
the
violation.
13
c.
As
used
in
this
subsection,
“owner”
means
a
person
who
14
holds
the
legal
title
to
a
motor
vehicle;
however,
if
the
motor
15
vehicle
is
the
subject
of
a
security
agreement
with
a
right
16
of
possession
in
the
debtor,
the
debtor
shall
be
deemed
the
17
owner
for
purposes
of
this
subsection,
or
if
the
motor
vehicle
18
is
leased
as
defined
in
section
321.493,
the
lessee
shall
be
19
deemed
the
owner
for
purposes
of
this
subsection.
20
Sec.
2.
Section
321.484,
subsection
3,
Code
2022,
is
amended
21
to
read
as
follows:
22
3.
If
a
peace
officer
as
defined
in
section
801.4
has
23
reasonable
cause
to
believe
the
driver
of
a
motor
vehicle
24
has
violated
section
321.261
,
321.262
,
321.264
,
321.323A,
25
321.341
,
321.342
,
321.343
,
321.344
,
or
321.372
,
the
officer
may
26
request
any
owner
of
the
motor
vehicle
to
supply
information
27
identifying
the
driver.
When
requested,
the
owner
of
the
28
vehicle
shall
identify
the
driver
to
the
best
of
the
owner’s
29
ability.
However,
the
owner
of
the
vehicle
is
not
required
to
30
supply
identification
information
to
the
officer
if
the
owner
31
believes
the
information
is
self-incriminating.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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Under
current
law,
Code
section
321.323A(1)
and
(2)
1
provide
the
operator
of
a
motor
vehicle
must
approach
certain
2
stationary
vehicles
displaying
flashing
lights,
including
an
3
authorized
emergency
vehicle,
towing
or
recovery
vehicle,
4
utility
maintenance
vehicle,
municipal
maintenance
vehicle,
5
highway
maintenance
vehicle,
construction
vehicle,
and
solid
6
waste
or
recycling
collection
service
vehicle,
with
due
caution
7
and
must
make
a
lane
change
into
a
lane
not
adjacent
to
the
8
stationary
vehicle
if
possible,
or
reduce
the
speed
of
the
9
motor
vehicle
to
a
reasonable
and
proper
speed
and
be
prepared
10
to
stop.
11
This
bill
authorizes
the
operator
of
a
vehicle
protected
12
under
Code
section
321.323A(1)
or
(2),
or
any
peace
officer,
13
who
observes
a
violation
of
Code
section
321.323A(1)
or
(2)
14
to
file
a
written
report
within
72
hours
of
the
violation
to
15
a
peace
officer
of
the
state
or
a
peace
officer
of
the
county
16
or
municipality
where
the
violation
occurred.
The
report
17
must
include
the
time
and
location
of
the
violation
and
the
18
registration
plate
number
and
a
description
of
the
vehicle
19
involved
in
the
violation.
20
The
bill
requires
the
investigating
peace
officer
to
21
contact
the
owner
of
the
motor
vehicle
involved
in
the
reported
22
violation
within
seven
calendar
days
and
request
that
the
owner
23
supply
information
identifying
the
person
who
was
operating
the
24
motor
vehicle
in
accordance
with
Code
section
321.484.
Code
25
section
321.484
provides,
among
other
things,
that
the
owner
26
of
the
vehicle
shall
identify
the
driver
to
the
best
of
the
27
owner’s
ability.
However,
the
owner
of
the
vehicle
is
not
28
required
to
supply
identification
information
to
the
officer
if
29
the
owner
believes
the
information
is
self-incriminating.
30
If
the
investigating
peace
officer
is
able
to
identify
the
31
person
who
was
operating
the
motor
vehicle
and
has
reasonable
32
cause
to
believe
the
violation
occurred,
the
peace
officer
must
33
serve
a
uniform
traffic
citation
for
the
violation
personally
34
or
by
certified
mail
to
the
identified
person.
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If
the
investigating
peace
officer
has
reasonable
cause
to
1
believe
that
the
violation
occurred
but
is
unable
to
identify
2
the
person
who
was
operating
the
motor
vehicle,
the
peace
3
officer
must
serve
a
uniform
traffic
citation
for
the
violation
4
personally
or
by
certified
mail
to
the
owner
of
the
motor
5
vehicle.
In
a
related
proceeding,
proof
that
the
motor
vehicle
6
described
in
the
uniform
traffic
citation
was
used
to
commit
7
the
violation,
together
with
proof
that
the
defendant
named
in
8
the
citation
was
the
owner
of
the
motor
vehicle
at
the
time
the
9
violation
occurred,
constitutes
a
permissible
inference
that
10
the
owner
was
the
person
who
committed
the
violation.
11
The
bill
defines
“owner”
as
the
term
is
used
in
the
bill.
12
A
person
who
violates
Code
section
321.323A
commits
a
simple
13
misdemeanor
punishable
by
a
scheduled
fine
of
$135.
If
the
14
violation
resulted
in
an
accident
causing
bodily
injury
to
or
15
the
death
of
another
person,
the
violator
may
be
subject
to
16
additional
penalties
including
a
fine
of
$500
for
a
violation
17
causing
bodily
injury
to
another
person,
and
a
fine
of
$1,000
18
for
a
violation
causing
death.
19
The
department
of
transportation
must
suspend
a
person’s
20
driver’s
license
for
90
days
after
receiving
a
record
of
a
21
person’s
conviction
for
a
violation
which
resulted
in
an
22
accident
causing
damage
to
the
property
of
another,
for
180
23
days
for
a
violation
which
resulted
in
bodily
injury
to
another
24
person,
and
for
one
year
for
a
violation
causing
death.
25
A
person
who
violates
Code
section
321.484
commits
a
simple
26
misdemeanor
punishable
by
confinement
for
no
more
than
30
days
27
and
a
fine
of
at
least
$105
but
not
more
than
$855.
28
Similar
provisions
to
those
in
the
bill
currently
exist
29
under
Code
section
321.372A
for
school
bus
drivers
who
observe
30
violations
of
failing
to
obey
school
bus
warning
devices.
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