H.F. _____ Section 1. Section 321.279, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. a. The driver of a motor vehicle commits an aggravated 3 misdemeanor if the driver willfully fails to bring the motor 4 vehicle to a stop or otherwise eludes or attempts to elude a 5 marked official law enforcement vehicle that is driven by a 6 uniformed peace officer after being given a visual and audible 7 signal as provided in this section and in doing so exceeds the 8 speed limit by twenty-five miles per hour or more. 9 b. The driver of a motor vehicle commits an aggravated 10 misdemeanor if the driver willfully fails to bring the motor 11 vehicle to a stop or otherwise eludes or attempts to elude a 12 marked official law enforcement vehicle that is driven by a 13 uniformed peace officer after being given a visual and audible 14 signal as provided in this section and in doing so endangers 15 the safety or property of another driver of a motor vehicle, 16 pedestrian, bicyclist, or real property owner or lessee, other 17 than a peace officer acting within the official capacity of the 18 officer. 19 EXPLANATION 20 This bill relates to eluding or attempting to elude a marked 21 law enforcement vehicle. 22 The bill provides that a driver of a motor vehicle commits an 23 aggravated misdemeanor if the driver willfully fails to bring 24 the motor vehicle to a stop or otherwise eludes or attempts to 25 elude a marked official law enforcement vehicle that is driven 26 by a uniformed peace officer after being given a visual and 27 audible signal and in doing so endangers the safety or property 28 of another driver of a motor vehicle, pedestrian, bicyclist, 29 or real property owner or lessee, other than a peace officer 30 acting within the official capacity of the officer. 31 An aggravated misdemeanor is punishable by confinement for 32 no more than two years and a fine of at least $625 but not more 33 than $6,250. 34 -1- LSB 2201YC (2) 84 jm/nh 1/ 1