Bill Text: IA SF286 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act prohibiting persons from intentionally blocking the movement of traffic on certain highways, and providing penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-02-19 - Subcommittee: Zumbach, Kinney, and Shipley. S.J. 344. [SF286 Detail]
Download: Iowa-2019-SF286-Introduced.html
Senate
File
286
-
Introduced
SENATE
FILE
286
BY
CHAPMAN
and
BEHN
A
BILL
FOR
An
Act
prohibiting
persons
from
intentionally
blocking
the
1
movement
of
traffic
on
certain
highways,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
318.6A
Intentional
blocking
1
of
traffic
on
certain
highways
prohibited
——
penalties
——
2
exceptions.
3
1.
A
person
shall
not
loiter,
or
place
or
cause
to
be
placed
4
any
obstruction
as
discussed
in
section
318.3,
on
the
traveled
5
portion
of
the
right-of-way
of
a
highway
with
a
speed
limit
6
of
fifty-five
miles
per
hour
or
more
with
the
intention
of
7
blocking
the
normal
and
reasonable
movement
of
motor
vehicle
8
traffic.
9
2.
a.
A
person
who
commits
a
first
violation
of
subsection
10
1
is
guilty
of
a
serious
misdemeanor.
A
person
who
commits
a
11
second
or
subsequent
violation
of
subsection
1
is
guilty
of
a
12
class
“D”
felony.
A
punishment
imposed
under
this
paragraph
13
shall
be
in
lieu
of
any
punishment
imposed
under
section
318.6,
14
subsection
1.
However,
section
318.6,
subsection
2,
to
the
15
extent
practicable,
shall
apply
to
a
punishment
imposed
under
16
this
section.
17
b.
A
person
charged
with
a
violation
of
subsection
1
18
is
subject
to
prosecution
by
the
county
attorney
in
the
19
county
where
the
highway
is
located.
However,
if
the
county
20
attorney
fails
to
initiate
prosecution
within
thirty
days,
the
21
attorney
general
may
initiate
and
carry
out
the
prosecution
in
22
cooperation,
if
possible,
with
the
county
attorney.
23
3.
This
section
does
not
apply
to
a
person
who
blocks
24
the
movement
of
traffic
for
the
purpose
of
obtaining
law
25
enforcement,
medical,
or
mechanical
assistance.
This
section
26
also
does
not
apply
to
a
person
who
is
a
peace
officer
or
27
emergency
responder,
who
is
engaged
in
highway
construction
28
or
maintenance,
or
who
is
an
employee
of
a
federal,
state,
or
29
local
government,
if
the
person
is
acting
within
the
scope
of
30
the
person’s
duties.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
a
person
is
prohibited
from
placing
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an
obstruction
in
the
highway
right-of-way,
including
the
1
traveled
portion
of
the
roadway.
A
person
who
violates
this
2
provision
is
subject
to
an
injunction
and
guilty
of
creating
a
3
public
nuisance,
an
aggravated
misdemeanor.
Any
obstruction
4
is
subject
to
removal.
5
This
bill
prohibits
a
person
from
loitering,
or
placing
or
6
causing
to
be
placed
any
obstruction,
on
the
traveled
portion
7
of
the
right-of-way
of
a
highway
with
a
speed
limit
of
55
miles
8
per
hour
or
more
with
the
intention
of
blocking
the
normal
and
9
reasonable
movement
of
motor
vehicle
traffic.
10
A
person
who
commits
a
first
violation
of
the
provisions
11
of
the
bill
is
guilty
of
a
serious
misdemeanor.
A
serious
12
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
13
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
A
14
person
who
commits
a
second
or
subsequent
violation
of
the
15
provisions
of
the
bill
is
guilty
of
a
class
“D”
felony.
A
class
16
“D”
felony
is
punishable
by
confinement
for
no
more
than
five
17
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
A
18
punishment
imposed
under
the
bill
is
in
lieu
of
any
punishment
19
imposed
for
creating
a
public
nuisance
under
current
law.
To
20
the
extent
practicable,
a
court
may
order
that
the
obstruction
21
be
abated
or
removed
at
the
expense
of
the
person.
The
costs
22
for
abatement
or
removal
of
the
obstruction
may
be
entered
as
a
23
personal
judgment
against
the
person
or
assessed
against
the
24
property
where
the
obstruction
occurred,
or
both.
25
A
person
charged
with
a
violation
of
the
provisions
of
the
26
bill
is
subject
to
prosecution
by
the
county
attorney
in
the
27
county
where
the
highway
is
located.
However,
if
the
county
28
attorney
fails
to
initiate
prosecution
within
30
days,
the
29
attorney
general
may
initiate
and
carry
out
the
prosecution
in
30
cooperation,
if
possible,
with
the
county
attorney.
31
The
bill
does
not
apply
to
a
person
who
blocks
the
movement
32
of
traffic
for
the
purpose
of
obtaining
law
enforcement,
33
medical,
or
mechanical
assistance.
In
addition,
the
34
bill
does
not
apply
to
a
person
who
is
a
peace
officer
or
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