Bill Text: IA SF284 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to penalties for eluding law enforcement vehicles. (See SF 2343.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-08 - Subcommittee recommends amendment and passage. [SF284 Detail]
Download: Iowa-2017-SF284-Introduced.html
Senate File 284 - Introduced SENATE FILE BY SMITH A BILL FOR 1 An Act relating to penalties for eluding law enforcement 2 vehicles. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2387XS (4) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.279, Code 2017, is amended to read 1 2 as follows: 1 3 321.279 Eluding or attempting to elude pursuing law 1 4 enforcement vehicle. 1 5 1. The driver of a motor vehicle commitsa seriousan 1 6 aggravated misdemeanor if the driver willfully fails to bring 1 7 the motor vehicle to a stop or otherwise eludes or attempts to 1 8 eludea markedan official law enforcement vehicle, whether 1 9 marked or unmarked, driven by a uniformed peace officer after 1 10 being given a visual and audible signal to stop. The signal 1 11 given by the peace officer shall be by flashing red light, or 1 12 by flashing red and blue lights, and siren. For purposes of 1 13 this section, "peace officer" means those officers designated 1 14 under section 801.4, subsection 11, paragraphs "a", "b", "c", 1 15 "f", "g", and "h". 1 16 2. The driver of a motor vehicle commitsan aggravated 1 17 misdemeanora class "D" felony if the driver willfully fails 1 18 to bring the motor vehicle to a stop or otherwise eludes or 1 19 attempts to eludea markedan official law enforcement vehicle, 1 20 whether marked or unmarked, that is driven by a uniformed 1 21 peace officer after being given a visual and audible signal 1 22 as provided in this section and in doing so exceeds the speed 1 23 limit by twenty=five miles per hour or more. 1 24 3. The driver of a motor vehicle commits a class"D""C" 1 25 felony if the driver willfully fails to bring the motor vehicle 1 26 to a stop or otherwise eludes or attempts to eludea markedan 1 27 official law enforcement vehicle, whether marked or unmarked, 1 28 that is driven by a uniformed peace officer after being given a 1 29 visual and audible signal as provided in this section, and in 1 30 doing so exceeds the speed limit by twenty=five miles per hour 1 31 or more, and if any of the following occurs: 1 32 a. The driver is participating in a public offense, as 1 33 defined in section 702.13, that is a felony. 1 34 b. The driver is in violation of section 321J.2 or 124.401. 1 35 c. The offense results in bodily injury to a person other 2 1 than the driver. 2 2 4. Notwithstanding any other provision of law to the 2 3 contrary, a law enforcement agency may retain possession of 2 4 a motor vehicle suspected to have been operated by a person 2 5 in violation of this section until final disposition of any 2 6 criminal proceeding related to the violation. 2 7 Sec. 2. Section 707.6A, subsection 2, Code 2017, is amended 2 8 to read as follows: 2 9 2. a. A person commits a class "B" felony when the person 2 10 unintentionally causes the death of another by eluding or 2 11 attempting to elude a pursuing law enforcement vehicle, in 2 12 violation of section 321.279, if the death of the other person 2 13 directly or indirectly results from the violation. 2 14 b. A person commits a class "C" felony when the person 2 15 unintentionally causes the death of another byany of the 2 16 following means:2 17a.Drivingdriving a motor vehicle in a reckless manner 2 18 with willful or wanton disregard for the safety of persons or 2 19 property, in violation of section 321.277. 2 20b. Eluding or attempting to elude a pursuing law enforcement 2 21 vehicle, in violation of section 321.279, if the death of the 2 22 other person directly or indirectly results from the violation.2 23 Sec. 3. Section 707.6A, subsection 4, Code 2017, is amended 2 24 to read as follows: 2 25 4. A person commits a class "D" felony when the person 2 26 unintentionally causes a serious injury, as defined in section 2 27 702.18, by any of the means described in subsection 1 or 2, 2 28 except a person who unintentionally causes a serious injury by 2 29 the means described in subsection 2, paragraph "a", commits a 2 30 class "C" felony. 2 31 EXPLANATION 2 32 The inclusion of this explanation does not constitute agreement with 2 33 the explanation's substance by the members of the general assembly. 2 34 This bill increases the penalties for eluding a law 2 35 enforcement vehicle under Code sections 321.279 and 707.6A. 3 1 Current law provides that the driver of a vehicle commits 3 2 a serious misdemeanor if the driver willfully fails to bring 3 3 the vehicle to a stop or otherwise eludes or attempts to 3 4 elude a marked official law enforcement vehicle. A serious 3 5 misdemeanor is punishable by a fine of at least $315 but not 3 6 to exceed $1,875 and imprisonment not to exceed one year. The 3 7 bill increases the penalty to an aggravated misdemeanor and 3 8 applies the provision to unmarked law enforcement vehicles. An 3 9 aggravated misdemeanor is punishable by a fine of at least $625 3 10 but not to exceed $6,250 and imprisonment not to exceed two 3 11 years. 3 12 Current law also provides that the driver of a vehicle 3 13 commits an aggravated misdemeanor if the driver willfully fails 3 14 to bring the vehicle to a stop or otherwise eludes or attempts 3 15 to elude a marked official law enforcement vehicle and in doing 3 16 so exceeds the speed limit by 25 miles per hour or more. The 3 17 bill increases the penalty to a class "D" felony and applies 3 18 the provision to unmarked law enforcement vehicles. A class 3 19 "D" felony is punishable by a fine of at least $750 but not to 3 20 exceed $7,500 and imprisonment not to exceed five years. 3 21 Current law further provides that the driver of a vehicle 3 22 commits a class "D" felony if the driver willfully fails to 3 23 bring the motor vehicle to a stop or otherwise eludes or 3 24 attempts to elude a marked official law enforcement vehicle; 3 25 exceeds the speed limit by 25 miles per hour or more; and the 3 26 driver is participating in a public offense that is a felony, 3 27 the driver is in violation of Code section 321J.2 (operating 3 28 while intoxicated) or 124.401 (controlled substances), or 3 29 the offense results in bodily injury to a person other than 3 30 the driver. The bill increases the penalty to a class "C" 3 31 felony and applies the provision to unmarked law enforcement 3 32 vehicles. A class "C" felony is punishable by a fine of at 3 33 least $1,000 but not to exceed $10,000 and imprisonment not 3 34 to exceed 10 years. The bill likewise increases the penalty 3 35 for unintentionally causing a serious injury to a person while 4 1 eluding or attempting to elude a pursuing law enforcement 4 2 vehicle from a class "D" felony to a class "C" felony. 4 3 Finally, current law provides that a person commits a class 4 4 "C" felony when the person unintentionally causes the death of 4 5 another person by eluding or attempting to elude a pursuing law 4 6 enforcement vehicle. The bill increases the penalty to a class 4 7 "B" felony. A class "B" felony is punishable by imprisonment 4 8 not to exceed 25 years. 4 9 The bill permits a law enforcement agency to retain 4 10 possession of a vehicle suspected to have been operated by 4 11 person in violation of the bill until final disposition of any 4 12 criminal proceeding related to the violation. 4 13 Under current law, a violation for eluding a law enforcement 4 14 vehicle is grounds for mandatory revocation of a person's 4 15 driver's license or operating privilege, and is included in the 4 16 list of offenses that contribute to habitual offender status. LSB 2387XS (4) 87 ns/nh