Iowa-2017-SF284-Introduced
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:
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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 commits a serious an
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 elude a marked an 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 commits an aggravated
1 17 misdemeanor a 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 elude a marked an 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 elude a marked an
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 by any of the
2 16 following means:
2 17 a. Driving driving 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 20 b. 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.
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