Bill Text: IA HF2338 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to eluding or attempting to elude a pursuing law enforcement vehicle and providing penalties. (Formerly HSB 524.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-10 - Withdrawn. H.J. 565. [HF2338 Detail]
Download: Iowa-2019-HF2338-Introduced.html
House
File
2338
-
Introduced
HOUSE
FILE
2338
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
524)
A
BILL
FOR
An
Act
relating
to
eluding
or
attempting
to
elude
a
pursuing
1
law
enforcement
vehicle
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2338
Section
1.
Section
321.279,
Code
2020,
is
amended
to
read
1
as
follows:
2
321.279
Eluding
or
attempting
to
elude
pursuing
law
3
enforcement
vehicle.
4
1.
a.
The
driver
of
a
motor
vehicle
commits
a
serious
5
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
6
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
7
marked
official
law
enforcement
vehicle
driven
by
a
uniformed
8
peace
officer
after
being
given
a
visual
and
audible
signal
9
to
stop.
The
signal
given
by
the
peace
officer
shall
be
by
10
flashing
red
light,
or
by
flashing
red
and
blue
lights,
and
11
siren.
For
purposes
of
this
section
,
“peace
officer”
means
12
those
officers
designated
under
section
801.4,
subsection
11
,
13
paragraphs
“a”
,
“b”
,
“c”
,
“f”
,
“g”
,
and
“h”
.
14
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
15
subsequent
violation
under
this
subsection
is,
upon
conviction,
16
guilty
of
an
aggravated
misdemeanor.
17
2.
a.
The
driver
of
a
motor
vehicle
commits
an
aggravated
18
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
19
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
20
marked
official
law
enforcement
vehicle
that
is
driven
by
a
21
uniformed
peace
officer
after
being
given
a
visual
and
audible
22
signal
as
provided
in
this
section
and
in
doing
so
exceeds
the
23
speed
limit
by
twenty-five
miles
per
hour
or
more.
24
b.
The
driver
of
a
motor
vehicle
who
commits
a
violation
25
under
this
section
and
who
has
previously
committed
a
violation
26
under
this
section
or
subsection
3
is,
upon
conviction,
guilty
27
of
a
class
“D”
felony.
28
3.
a.
The
driver
of
a
motor
vehicle
commits
a
class
“D”
29
felony
if
the
driver
willfully
fails
to
bring
the
motor
vehicle
30
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
marked
31
official
law
enforcement
vehicle
that
is
driven
by
a
uniformed
32
peace
officer
after
being
given
a
visual
and
audible
signal
as
33
provided
in
this
section
,
and
in
doing
so
exceeds
the
speed
34
limit
by
twenty-five
miles
per
hour
or
more,
and
if
any
of
the
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following
occurs:
1
a.
(1)
The
driver
is
participating
in
a
public
offense,
as
2
defined
in
section
702.13
,
that
is
a
felony.
3
b.
(2)
The
driver
is
in
violation
of
section
321J.2
or
4
124.401
.
5
(3)
The
driver
is
in
violation
of
section
124.401.
6
c.
(4)
The
offense
results
in
bodily
injury
to
a
person
7
other
than
the
driver.
8
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
9
subsequent
violation
under
this
subsection
is,
upon
conviction,
10
guilty
of
a
class
“C”
felony.
11
Sec.
2.
Section
321J.2,
subsection
3,
paragraph
b,
12
subparagraph
(2),
Code
2020,
is
amended
by
adding
the
following
13
new
subparagraph
division:
14
NEW
SUBPARAGRAPH
DIVISION
.
(f)
If
the
offense
was
committed
15
in
violation
of
section
321.279,
subsection
3,
paragraph
“a”
,
16
subparagraph
(2).
17
Sec.
3.
Section
907.3,
subsection
1,
paragraph
a,
18
subparagraph
(6),
Code
2020,
is
amended
by
adding
the
following
19
new
subparagraph
division:
20
NEW
SUBPARAGRAPH
DIVISION
.
(f)
If
the
offense
was
committed
21
in
violation
of
section
321.279,
subsection
3,
paragraph
“a”
,
22
subparagraph
(2).
23
Sec.
4.
Section
907.3,
subsection
2,
paragraph
a,
24
subparagraph
(2),
Code
2020,
is
amended
by
adding
the
following
25
new
subparagraph
division:
26
NEW
SUBPARAGRAPH
DIVISION
.
(f)
The
offense
is
a
violation
27
of
section
321.279,
subsection
3,
paragraph
“a”
,
subparagraph
28
(2).
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
criminal
offense
of
eluding
or
33
attempting
to
elude
a
pursuing
law
enforcement
vehicle.
34
Under
current
law,
a
driver
of
a
motor
vehicle
who
commits
35
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2338
a
violation
of
Code
section
321.279(1)
by
willfully
failing
1
to
bring
a
motor
vehicle
to
a
stop
or
otherwise
eluding
or
2
attempting
to
elude
a
marked
official
law
enforcement
vehicle,
3
is,
upon
conviction,
guilty
of
a
serious
misdemeanor.
A
driver
4
of
a
motor
vehicle
who
commits
a
violation
of
Code
section
5
321.279(2)
by
willfully
failing
to
bring
a
motor
vehicle
to
6
a
stop
or
otherwise
eluding
or
attempting
to
elude
a
marked
7
official
law
enforcement
vehicle
and
in
doing
so
exceeds
the
8
speed
limit
by
25
miles
per
hour
or
more,
is,
upon
conviction,
9
guilty
of
an
aggravated
misdemeanor.
A
driver
of
a
motor
10
vehicle
who
commits
a
violation
of
Code
section
321.279(3)
is,
11
upon
conviction,
guilty
of
a
class
“D”
felony.
A
driver
of
a
12
motor
vehicle
violates
Code
section
321.279(3)
by
willfully
13
failing
to
bring
a
motor
vehicle
to
a
stop
or
otherwise
eluding
14
or
attempting
to
elude
a
marked
official
law
enforcement
15
vehicle
and
in
doing
so
exceeds
the
speed
limit
by
25
miles
16
per
hour
or
more,
and
any
of
the
following
occur:
the
driver
17
participates
in
a
public
offense,
as
defined
in
Code
section
18
702.13,
that
is
a
felony;
the
driver
violates
Code
section
19
321J.2
(operating
while
under
the
influence)
or
Code
section
20
124.401
(controlled
substance
violations);
or
the
offense
21
results
in
bodily
injury
to
a
person
other
than
the
driver.
22
The
bill
provides
enhanced
penalties
for
all
violations
of
23
Code
section
321.279.
Under
the
bill,
a
driver
of
a
motor
24
vehicle
who
commits
a
second
or
subsequent
violation
of
Code
25
section
321.279(1)
is,
upon
conviction,
guilty
of
an
aggravated
26
misdemeanor.
A
driver
of
a
motor
vehicle
who
commits
a
27
violation
of
Code
section
321.279(2)
who
has
previously
28
committed
a
violation
of
Code
section
321.279(2)
or
(3)
is,
29
upon
conviction,
guilty
of
a
class
“D”
felony.
A
driver
of
a
30
motor
vehicle
who
commits
a
second
or
subsequent
violation
of
31
Code
section
321.279(3)
is,
upon
conviction,
guilty
of
a
class
32
“C”
felony.
33
The
bill
prohibits
the
court
from
ordering
a
deferred
34
sentence
or
a
deferred
judgment
for
the
driver
of
a
motor
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