Bill Text: IA SF111 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting persons from intentionally blocking the movement of traffic on certain highways, and providing a penalty.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2018-01-09 - Subcommittee reassigned: Smith, Bisignano, and Brown. S.J. 67. [SF111 Detail]
Download: Iowa-2017-SF111-Introduced.html
Senate File 111 - Introduced SENATE FILE BY CHAPMAN, ZAUN, BEHN, BROWN, BREITBACH, BERTRAND, CHELGREN, C. JOHNSON, and ANDERSON A BILL FOR 1 An Act prohibiting persons from intentionally blocking the 2 movement of traffic on certain highways, and providing a 3 penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1162XS (4) 87 ns/nh PAG LIN 1 1 Section 1. NEW SECTION. 318.6A Intentional blocking of 1 2 traffic on certain highways prohibited == penalty == exceptions. 1 3 1. A person shall not loiter, or place or cause to be placed 1 4 any obstruction as discussed in section 318.3, on the traveled 1 5 portion of the right=of=way of a highway with a speed limit 1 6 of fifty=five miles per hour or more with the intention of 1 7 blocking the normal and reasonable movement of motor vehicle 1 8 traffic. 1 9 2. a. A person who blocks the movement of traffic in 1 10 violation of subsection 1 commits a class "D" felony, which 1 11 shall be in lieu of the punishment imposed under section 318.6, 1 12 subsection 1. However, section 318.6, subsection 2, to the 1 13 extent practicable, shall apply to a punishment imposed under 1 14 this section. 1 15 b. The person is subject to prosecution by the county 1 16 attorney in the county where the highway is located. However, 1 17 if the county attorney fails to initiate prosecution within 1 18 thirty days, the attorney general may initiate and carry out 1 19 the prosecution in cooperation, if possible, with the county 1 20 attorney. 1 21 3. This section shall not apply to a person who blocks 1 22 the movement of traffic for the purpose of obtaining law 1 23 enforcement, medical, or mechanical assistance. This section 1 24 shall also not apply to a person who is a peace officer or 1 25 emergency responder, who is engaged in highway construction 1 26 or maintenance, or who is an employee of a federal, state, or 1 27 local government, if the person is acting within the scope of 1 28 the person's duties. 1 29 EXPLANATION 1 30 The inclusion of this explanation does not constitute agreement with 1 31 the explanation's substance by the members of the general assembly. 1 32 Under current law, a person is prohibited from placing an 1 33 obstruction in the highway right=of=way, including the traveled 1 34 portion of the roadway. A person who violates this provision 1 35 is subject to an injunction and guilty of creating a public 2 1 nuisance, an aggravated misdemeanor punishable by imprisonment 2 2 not to exceed two years and a fine of at least $625 but not to 2 3 exceed $6,250. Any obstruction is subject to removal. 2 4 This bill prohibits a person from loitering, or placing or 2 5 causing to be placed any obstruction, on the traveled portion 2 6 of the right=of=way of a highway with a speed limit of 55 miles 2 7 per hour or more with the intention of blocking the normal and 2 8 reasonable movement of motor vehicle traffic. 2 9 A person who blocks the movement of traffic in violation of 2 10 the bill commits a class "D" felony, which is punishable by 2 11 no more than five years in prison and a fine of at least $750 2 12 but not to exceed $7,500. This punishment is in lieu of the 2 13 punishment imposed for creating a public nuisance under current 2 14 law. To the extent practicable, a court may order that the 2 15 obstruction be abated or removed at the expense of the person. 2 16 The costs for abatement or removal of the obstruction may be 2 17 entered as a personal judgment against the person or assessed 2 18 against the property where the obstruction occurred, or both. 2 19 The person is subject to prosecution by the county attorney 2 20 in the county where the highway is located. However, if the 2 21 county attorney fails to initiate prosecution within 30 days, 2 22 the attorney general may initiate and carry out the prosecution 2 23 in cooperation, if possible, with the county attorney. 2 24 The bill does not apply to a person who blocks the movement 2 25 of traffic for the purpose of obtaining law enforcement, 2 26 medical, or mechanical assistance. In addition, the 2 27 bill does not apply to a person who is a peace officer or 2 28 emergency responder, who is engaged in highway construction 2 29 or maintenance, or who is an employee of a federal, state, or 2 30 local government, if the person is acting within the scope of 2 31 the person's duties. LSB 1162XS (4) 87 ns/nh