Bill Text: IA SF2222 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting persons from intentionally blocking the movement of traffic on certain highways, and providing penalties. (Formerly SSB 1135 and SF 426.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. S.J. 692. [SF2222 Detail]

Download: Iowa-2017-SF2222-Introduced.html

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Senate File 2222 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 426)
                                 (SUCCESSOR TO SSB
                                     1135)

                                      A BILL FOR

  1 An Act prohibiting persons from intentionally blocking the
  2    movement of traffic on certain highways, and providing
  3    penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  318.6A  Intentional blocking
  1  2 of traffic on certain highways prohibited ==== penalties ====
  1  3 exceptions.
  1  4    1.  A person shall not loiter, or place or cause to be placed
  1  5 any obstruction as discussed in section 318.3, on the traveled
  1  6 portion of the right=of=way of a highway with a speed limit
  1  7 of fifty=five miles per hour or more with the intention of
  1  8 blocking the normal and reasonable movement of motor vehicle
  1  9 traffic.
  1 10    2.  a.  A person who commits a first violation of subsection
  1 11 1 is guilty of a serious misdemeanor. A person who commits a
  1 12 second violation of subsection 1 is guilty of an aggravated
  1 13 misdemeanor. A person who commits a third or subsequent
  1 14 violation of subsection 1 is guilty of a class "D" felony. A
  1 15 punishment imposed under this paragraph "a" shall be in lieu
  1 16 of any punishment imposed under section 318.6, subsection
  1 17 1.  However, section 318.6, subsection 2, to the extent
  1 18 practicable, shall apply to a punishment imposed under this
  1 19 section.
  1 20    b.  The person is subject to prosecution by the county
  1 21 attorney in the county where the highway is located.  However,
  1 22 if the county attorney fails to initiate prosecution within
  1 23 thirty days, the attorney general may initiate and carry out
  1 24 the prosecution in cooperation, if possible, with the county
  1 25 attorney.
  1 26    3.  This section shall not apply to a person who blocks
  1 27 the movement of traffic for the purpose of obtaining law
  1 28 enforcement, medical, or mechanical assistance.  This section
  1 29 shall also not apply to a person who is a peace officer or
  1 30 emergency responder, who is engaged in highway construction
  1 31 or maintenance, or who is an employee of a federal, state, or
  1 32 local government, if the person is acting within the scope of
  1 33 the person's duties.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    Under current law, a person is prohibited from placing
  2  3 an obstruction in the highway right=of=way, including the
  2  4 traveled portion of the roadway.  A person who violates this
  2  5 provision is subject to an injunction and guilty of creating a
  2  6 public nuisance, an aggravated misdemeanor.  Any obstruction
  2  7 is subject to removal.
  2  8    This bill prohibits a person from loitering, or placing or
  2  9 causing to be placed any obstruction, on the traveled portion
  2 10 of the right=of=way of a highway with a speed limit of 55 miles
  2 11 per hour or more with the intention of blocking the normal and
  2 12 reasonable movement of motor vehicle traffic.
  2 13    A person who commits a first violation of the provisions
  2 14 of the bill is guilty of a serious misdemeanor punishable
  2 15 by imprisonment not to exceed one year and a fine of at
  2 16 least $315 but not to exceed $1,875. A person who commits a
  2 17 second violation of the provisions of the bill is guilty of
  2 18 an aggravated misdemeanor punishable by imprisonment not to
  2 19 exceed two years and a fine of at least $625 but not to exceed
  2 20 $6,250. A person who commits a third or subsequent violation
  2 21 of the provisions of the bill is guilty of a class "D" felony
  2 22 punishable by imprisonment not to exceed five years and a
  2 23 fine of at least $750 but not to exceed $7,500.  A punishment
  2 24 imposed under the bill is in lieu of any punishment imposed
  2 25 for creating a public nuisance under current law.  To the
  2 26 extent practicable, a court may order that the obstruction be
  2 27 abated or removed at the expense of the person.  The costs for
  2 28 abatement or removal of the obstruction may be entered as a
  2 29 personal judgment against the person or assessed against the
  2 30 property where the obstruction occurred, or both.
  2 31    The person is subject to prosecution by the county attorney
  2 32 in the county where the highway is located.  However, if the
  2 33 county attorney fails to initiate prosecution within 30 days,
  2 34 the attorney general may initiate and carry out the prosecution
  2 35 in cooperation, if possible, with the county attorney.
  3  1 The bill does not apply to a person who blocks the movement
  3  2 of traffic for the purpose of obtaining law enforcement,
  3  3 medical, or mechanical assistance.  In addition, the
  3  4 bill does not apply to a person who is a peace officer or
  3  5 emergency responder, who is engaged in highway construction
  3  6 or maintenance, or who is an employee of a federal, state, or
  3  7 local government, if the person is acting within the scope of
  3  8 the person's duties.
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