Bill Text: IA SSB3035 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to eluding or attempting to elude a pursuing law enforcement vehicle and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-12 - Committee report approving bill, renumbered as SF 2275. [SSB3035 Detail]
Download: Iowa-2019-SSB3035-Introduced.html
Senate
Study
Bill
3035
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
eluding
or
attempting
to
elude
a
pursuing
1
law
enforcement
vehicle
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
321.279,
Code
2020,
is
amended
to
read
1
as
follows:
2
321.279
Eluding
or
attempting
to
elude
pursuing
law
3
enforcement
vehicle.
4
1.
a.
The
driver
of
a
motor
vehicle
commits
a
serious
5
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
6
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
7
marked
official
law
enforcement
vehicle
driven
by
a
uniformed
8
peace
officer
after
being
given
a
visual
and
audible
signal
9
to
stop.
The
signal
given
by
the
peace
officer
shall
be
by
10
flashing
red
light,
or
by
flashing
red
and
blue
lights,
and
11
siren.
For
purposes
of
this
section
,
“peace
officer”
means
12
those
officers
designated
under
section
801.4,
subsection
11
,
13
paragraphs
“a”
,
“b”
,
“c”
,
“f”
,
“g”
,
and
“h”
.
14
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
15
subsequent
violation
under
this
subsection
is,
upon
conviction,
16
guilty
of
an
aggravated
misdemeanor.
17
2.
a.
The
driver
of
a
motor
vehicle
commits
an
aggravated
18
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
19
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
20
marked
official
law
enforcement
vehicle
that
is
driven
by
a
21
uniformed
peace
officer
after
being
given
a
visual
and
audible
22
signal
as
provided
in
this
section
and
in
doing
so
exceeds
the
23
speed
limit
by
twenty-five
miles
per
hour
or
more.
24
b.
The
driver
of
a
motor
vehicle
who
commits
a
violation
25
under
this
section
and
who
has
previously
committed
a
violation
26
under
this
section
or
subsection
3
is,
upon
conviction,
guilty
27
of
a
class
“D”
felony.
28
3.
a.
The
driver
of
a
motor
vehicle
commits
a
class
“D”
29
felony
if
the
driver
willfully
fails
to
bring
the
motor
vehicle
30
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
marked
31
official
law
enforcement
vehicle
that
is
driven
by
a
uniformed
32
peace
officer
after
being
given
a
visual
and
audible
signal
as
33
provided
in
this
section
,
and
in
doing
so
exceeds
the
speed
34
limit
by
twenty-five
miles
per
hour
or
more,
and
if
any
of
the
35
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following
occurs:
1
a.
(1)
The
driver
is
participating
in
a
public
offense,
as
2
defined
in
section
702.13
,
that
is
a
felony.
3
b.
(2)
The
driver
is
in
violation
of
section
321J.2
or
4
124.401
.
5
(3)
The
driver
is
in
violation
of
section
124.401.
6
c.
(4)
The
offense
results
in
bodily
injury
to
a
person
7
other
than
the
driver.
8
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
9
subsequent
violation
under
this
subsection
is,
upon
conviction,
10
guilty
of
a
class
“C”
felony.
11
Sec.
2.
Section
907.3,
subsection
2,
paragraph
a,
12
subparagraph
(2),
Code
2020,
is
amended
by
adding
the
following
13
new
subparagraph
division:
14
NEW
SUBPARAGRAPH
DIVISION
.
(f)
The
offense
is
a
violation
15
of
section
321.279,
subsection
3,
paragraph
“a”
,
subparagraph
16
(2).
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
criminal
offense
of
eluding
or
21
attempting
to
elude
a
pursuing
law
enforcement
vehicle.
22
Under
current
law,
a
driver
of
a
motor
vehicle
who
commits
23
a
violation
of
Code
section
321.279(1)
by
willfully
failing
24
to
bring
a
motor
vehicle
to
a
stop
or
otherwise
eluding
or
25
attempting
to
elude
a
marked
official
law
enforcement
vehicle,
26
is,
upon
conviction,
guilty
of
a
serious
misdemeanor.
A
driver
27
of
a
motor
vehicle
who
commits
a
violation
of
Code
section
28
321.279(2)
by
willfully
failing
to
bring
a
motor
vehicle
to
29
a
stop
or
otherwise
eluding
or
attempting
to
elude
a
marked
30
official
law
enforcement
vehicle
and
in
doing
so
exceeds
the
31
speed
limit
by
25
miles
per
hour
or
more,
is,
upon
conviction,
32
guilty
of
an
aggravated
misdemeanor.
A
driver
of
a
motor
33
vehicle
who
commits
a
violation
of
Code
section
321.279(3)
is,
34
upon
conviction,
guilty
of
a
class
“D”
felony.
A
driver
of
a
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_____
motor
vehicle
violates
Code
section
321.279(3)
by
willfully
1
failing
to
bring
a
motor
vehicle
to
a
stop
or
otherwise
eluding
2
or
attempting
to
elude
a
marked
official
law
enforcement
3
vehicle
and
in
doing
so
exceeds
the
speed
limit
by
25
miles
4
per
hour
or
more,
and
any
of
the
following
occur:
the
driver
5
participates
in
a
public
offense,
as
defined
in
Code
section
6
702.13,
that
is
a
felony;
the
driver
violates
Code
section
7
321J.2
(operating
while
under
the
influence)
or
Code
section
8
124.401
(controlled
substance
violations);
or
the
offense
9
results
in
bodily
injury
to
a
person
other
than
the
driver.
10
The
bill
provides
enhanced
penalties
for
all
violations
of
11
Code
section
321.279.
Under
the
bill,
a
driver
of
a
motor
12
vehicle
who
commits
a
second
or
subsequent
violation
of
Code
13
section
321.279(1)
is,
upon
conviction,
guilty
of
an
aggravated
14
misdemeanor.
A
driver
of
a
motor
vehicle
who
commits
a
15
violation
of
Code
section
321.279(2)
who
has
previously
16
committed
a
violation
of
Code
section
321.279(2)
or
(3)
is,
17
upon
conviction,
guilty
of
a
class
“D”
felony.
A
driver
of
a
18
motor
vehicle
who
commits
a
second
or
subsequent
violation
of
19
Code
section
321.279(3)
is,
upon
conviction,
guilty
of
a
class
20
“C”
felony.
21
The
bill
prohibits
the
court
from
ordering
a
deferred
22
sentence
for
the
driver
of
a
motor
vehicle
convicted
of
eluding
23
or
attempting
to
elude
a
pursuing
law
enforcement
vehicle
while
24
exceeding
the
speed
limit
by
25
miles
per
hour
or
more
while
in
25
violation
of
Code
section
321J.2.
26
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