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: 5 TLSB 5316HV (1) 89 th/ns

H.F. 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 35 -1- LSB 5316HV (1) 89 th/ns 1/ 4

H.F. 2326 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. 35 -2- LSB 5316HV (1) 89 th/ns 2/ 4

H.F. 2326 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. 35 -3- LSB 5316HV (1) 89 th/ns 3/ 4

H.F. 2326 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. 31 -4- LSB 5316HV (1) 89 th/ns 4/ 4