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) 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
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