Bill Text: IA HF428 | 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. (See HF 2400.)

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2018-02-07 - Subcommittee recommends passage. [HF428 Detail]

Download: Iowa-2017-HF428-Introduced.html

House File 428 - Introduced




                                 HOUSE FILE       
                                 BY  HEDDENS and NUNN

                                      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 1736YH (3) 87
    ns/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.266A  Continuing duty to report
  1  2 accidents == injury or death.
  1  3    1.  A person operating a motor vehicle who leaves the scene
  1  4 of a motor vehicle accident without knowledge that the accident
  1  5 resulted in injury to or death of another person shall give
  1  6 notice of the accident to the sheriff of the county in which
  1  7 the accident occurred, or the nearest office of the state
  1  8 patrol, or to any other peace officer as near as practicable
  1  9 to the place where the accident occurred immediately after the
  1 10 person obtains knowledge that the accident resulted in injury
  1 11 to or death of another person or that the accident was of such
  1 12 a nature that a reasonable person would anticipate that the
  1 13 accident resulted in injury to or death of another person.
  1 14    2.  A person who violates this section is guilty of one of
  1 15 the following:
  1 16    a.  If the accident resulted in an injury to a person, a
  1 17 serious misdemeanor.
  1 18    b.  If the accident resulted in a serious injury, as defined
  1 19 in section 702.18, to a person, an aggravated misdemeanor.
  1 20    c.  If the accident resulted in the death of a person, a
  1 21 class "D" felony.
  1 22    3.  A person charged with a violation of this section shall
  1 23 not be charged with a violation of section 321.261, 321.263,
  1 24 or 321.266.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill requires a person operating a motor vehicle
  1 29 who leaves the scene of a motor vehicle accident without
  1 30 knowledge that the accident resulted in injury to or death of
  1 31 another person to give notice of the accident to the sheriff
  1 32 of the county in which the accident occurred, or the nearest
  1 33 office of the state patrol, or to any other peace officer as
  1 34 near as practicable to the place where the accident occurred
  1 35 immediately after the person obtains knowledge that the
  2  1 accident resulted in injury to or death of another person or
  2  2 that the accident was of such a nature that a reasonable person
  2  3 would anticipate that the accident resulted in injury to or
  2  4 death of another person.
  2  5    A person who violates the provisions of the bill is guilty of
  2  6 a serious misdemeanor if the accident resulted in an injury, an
  2  7 aggravated misdemeanor if the accident resulted in a serious
  2  8 injury, or a class "D" felony if the accident resulted in a
  2  9 death. A serious misdemeanor is punishable by a fine of at
  2 10 least $315 but not to exceed $1,875 and imprisonment not to
  2 11 exceed one year. An aggravated misdemeanor is punishable by a
  2 12 fine of at least $625 but not to exceed $6,250 and imprisonment
  2 13 not to exceed two years. A class "D" felony is punishable
  2 14 by a fine of at least $750 but not to exceed $7,500 and
  2 15 imprisonment not to exceed five years. The bill prohibits a
  2 16 person charged with a violation of the bill from being charged
  2 17 with a violation of Code section 321.261, 321.263, or 321.266.
       LSB 1736YH (3) 87
       ns/nh
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