Bill Text: IA HF2400 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to reporting accidents resulting in injury or death, and providing penalties. (Formerly HF 428.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. H.J. 594. [HF2400 Detail]
Download: Iowa-2017-HF2400-Introduced.html
House File 2400 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 428) A BILL FOR 1 An Act relating to reporting accidents resulting in injury or 2 death, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1736HV (3) 87 ns/rh PAG LIN 1 1 Section 1. Section 321.209, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8. Failing to report a motor vehicle 1 4 accident as provided in section 321.266A. 1 5 Sec. 2. NEW SECTION. 321.266A Continuing duty to report 1 6 accidents == injury or death. 1 7 1. A person operating a motor vehicle involved in a motor 1 8 vehicle accident who leaves the scene of the accident without 1 9 knowledge that the accident resulted in injury to or death 1 10 of another person shall give notice of the accident to the 1 11 sheriff of the county in which the accident occurred, or the 1 12 nearest office of the state patrol, or to any other peace 1 13 officer as near as practicable to the place where the accident 1 14 occurred immediately after the person obtains knowledge that 1 15 the accident resulted in injury to or death of another person 1 16 or that the accident was of such a nature that a reasonable 1 17 person would anticipate that the accident resulted in injury 1 18 to or death of another person. 1 19 2. A person who violates this section is guilty of one of 1 20 the following: 1 21 a. If the accident resulted in an injury to a person, a 1 22 serious misdemeanor. 1 23 b. If the accident resulted in a serious injury, as defined 1 24 in section 702.18, to a person, an aggravated misdemeanor. 1 25 c. If the accident resulted in the death of a person, a 1 26 class "D" felony. 1 27 3. A person charged with a violation of this section shall 1 28 not be charged with a violation of section 321.261, 321.263, or 1 29 321.266 based on the same set of facts and circumstances. 1 30 EXPLANATION 1 31 The inclusion of this explanation does not constitute agreement with 1 32 the explanation's substance by the members of the general assembly. 1 33 This bill requires a person operating a motor vehicle 1 34 involved in a motor vehicle accident who leaves the scene of 1 35 the accident without knowledge that the accident resulted in 2 1 injury to or death of another person to give notice of the 2 2 accident to the sheriff of the county in which the accident 2 3 occurred, or the nearest office of the state patrol, or to any 2 4 other peace officer as near as practicable to the place where 2 5 the accident occurred immediately after the person obtains 2 6 knowledge that the accident resulted in injury to or death of 2 7 another person or that the accident was of such a nature that a 2 8 reasonable person would anticipate that the accident resulted 2 9 in injury to or death of another person. 2 10 A person who violates the provisions of the bill is guilty of 2 11 a serious misdemeanor if the accident resulted in an injury, an 2 12 aggravated misdemeanor if the accident resulted in a serious 2 13 injury, or a class "D" felony if the accident resulted in a 2 14 death. A serious misdemeanor is punishable by a fine of at 2 15 least $315 but not to exceed $1,875 and imprisonment not to 2 16 exceed one year. An aggravated misdemeanor is punishable by a 2 17 fine of at least $625 but not to exceed $6,250 and imprisonment 2 18 not to exceed two years. A class "D" felony is punishable by a 2 19 fine of at least $750 but not to exceed $7,500 and imprisonment 2 20 not to exceed five years. 2 21 The bill prohibits a person charged with a violation of 2 22 the bill from being charged with a violation of Code section 2 23 321.261 (accidents resulting in injury or death), 321.263 2 24 (information and aid == leaving the scene of a personal injury 2 25 accident), or 321.266 (reporting accidents) based on the same 2 26 set of facts and circumstances. 2 27 Under current law, Code section 321.209 provides a list of 2 28 convictions for which a person is subject to mandatory driver's 2 29 license revocation by the department of transportation (DOT), 2 30 including convictions for failure to stop and render aid in 2 31 the event of a motor vehicle accident resulting in the death 2 32 or personal injury of another. The bill adds convictions 2 33 for violations of the provisions of the bill to the list. 2 34 The bill requires the DOT to revoke the driver's license or 2 35 operating privilege of a person who violates the provisions 3 1 of the bill upon 30 days' notice and without preliminary 3 2 hearing upon receiving a record of the person's conviction 3 3 when such conviction has become final. By operation of law, 3 4 Code section 321.212 provides that the DOT shall not grant an 3 5 application for a new driver's license to the person until 3 6 the expiration of one year after the revocation. During the 3 7 revocation period, the person is eligible for a temporary 3 8 restricted license under Code section 321.215(1). Under 3 9 current law, a person convicted for failure to stop and render 3 10 aid in the event of a motor vehicle accident resulting in the 3 11 death or personal injury of another is eligible for a temporary 3 12 restricted license under Code section 321.215(2). 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