Bill Text: IA HF652 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the intentional avoidance of traffic-control devices, providing penalties, and making penalties applicable.(Formerly HF 28.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-04-15 - Referred to Transportation. H.J. 965. [HF652 Detail]

Download: Iowa-2021-HF652-Introduced.html
House File 652 - Introduced HOUSE FILE 652 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 28) A BILL FOR An Act relating to the intentional avoidance of traffic-control 1 devices, providing penalties, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1149HV (2) 89 th/ns
H.F. 652 Section 1. Section 321.256, Code 2021, is amended to read 1 as follows: 2 321.256 Obedience to official traffic-control devices —— 3 intentional avoidance prohibited . 4 1. No A driver of a vehicle shall not disobey the 5 instructions of any official traffic-control device placed 6 in accordance with the provisions of this chapter , unless at 7 the time otherwise directed by a peace officer subject to 8 the exceptions granted the driver of an authorized emergency 9 vehicle. 10 2. a. A driver of a vehicle shall not, with the intent 11 to avoid obedience to a traffic-control device placed in 12 accordance with this chapter, operate the vehicle upon or 13 through private property, or upon or through public property 14 that is not a street or highway. 15 b. A peace officer shall issue a warning memorandum in lieu 16 of a citation to a person for violating paragraph “a” . This 17 paragraph is repealed January 1, 2022. 18 Sec. 2. Section 805.8A, subsection 8, paragraph b, Code 19 2021, is amended to read as follows: 20 b. Section 321.256 , subsection 1 . . . . . . . $135. 21 Sec. 3. Section 805.8A, subsection 8, Code 2021, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0c. Section 321.256, subsection 2 . ..$35. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 Current law requires the driver of a vehicle to obey 28 traffic-control devices. This bill prohibits a driver 29 of a vehicle from intentionally avoiding obedience to a 30 traffic-control device by operating the vehicle on private 31 property, or public property that is not a street or highway. 32 A violation of the bill is a simple misdemeanor punishable 33 by a scheduled fine of $35. However, the bill requires a peace 34 officer to issue a warning memorandum for the violation until 35 -1- LSB 1149HV (2) 89 th/ns 1/ 2
H.F. 652 January 1, 2022. 1 By operation of law, under Code section 321.482A, if the 2 violation results in a conviction and causes a serious injury, 3 a court could impose an additional fine of $500 or suspend the 4 person’s driver’s license for not more than 90 days, or both. 5 If the violation results in a conviction and causes a death, 6 a court could impose an additional fine of $1,000 or suspend 7 the person’s driver’s license for not more than 180 days, or 8 both. Also by operation of law, under Code section 321E.17, 9 a driver who has a permit to operate a vehicle of excessive 10 size or weight and who is imposed a penalty for violating Code 11 section 321.256 commits a serious violation that could result 12 in denial, suspension, or revocation of the permit. 13 -2- LSB 1149HV (2) 89 th/ns 2/ 2
feedback