Senate File 111 - Introduced SENATE FILE 111 BY CHAPMAN , ZAUN , BEHN , BROWN , BREITBACH , BERTRAND , CHELGREN , C. JOHNSON , and ANDERSON A BILL FOR An Act prohibiting persons from intentionally blocking the 1 movement of traffic on certain highways, and providing a 2 penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1162XS (4) 87 ns/nh

S.F. 111 Section 1. NEW SECTION . 318.6A Intentional blocking of 1 traffic on certain highways prohibited —— penalty —— exceptions. 2 1. A person shall not loiter, or place or cause to be placed 3 any obstruction as discussed in section 318.3, on the traveled 4 portion of the right-of-way of a highway with a speed limit 5 of fifty-five miles per hour or more with the intention of 6 blocking the normal and reasonable movement of motor vehicle 7 traffic. 8 2. a. A person who blocks the movement of traffic in 9 violation of subsection 1 commits a class “D” felony, which 10 shall be in lieu of the punishment imposed under section 318.6, 11 subsection 1. However, section 318.6, subsection 2, to the 12 extent practicable, shall apply to a punishment imposed under 13 this section. 14 b. The person is subject to prosecution by the county 15 attorney in the county where the highway is located. However, 16 if the county attorney fails to initiate prosecution within 17 thirty days, the attorney general may initiate and carry out 18 the prosecution in cooperation, if possible, with the county 19 attorney. 20 3. This section shall not apply to a person who blocks 21 the movement of traffic for the purpose of obtaining law 22 enforcement, medical, or mechanical assistance. This section 23 shall also not apply to a person who is a peace officer or 24 emergency responder, who is engaged in highway construction 25 or maintenance, or who is an employee of a federal, state, or 26 local government, if the person is acting within the scope of 27 the person’s duties. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Under current law, a person is prohibited from placing an 32 obstruction in the highway right-of-way, including the traveled 33 portion of the roadway. A person who violates this provision 34 is subject to an injunction and guilty of creating a public 35 -1- LSB 1162XS (4) 87 ns/nh 1/ 2

S.F. 111 nuisance, an aggravated misdemeanor punishable by imprisonment 1 not to exceed two years and a fine of at least $625 but not to 2 exceed $6,250. Any obstruction is subject to removal. 3 This bill prohibits a person from loitering, or placing or 4 causing to be placed any obstruction, on the traveled portion 5 of the right-of-way of a highway with a speed limit of 55 miles 6 per hour or more with the intention of blocking the normal and 7 reasonable movement of motor vehicle traffic. 8 A person who blocks the movement of traffic in violation of 9 the bill commits a class “D” felony, which is punishable by 10 no more than five years in prison and a fine of at least $750 11 but not to exceed $7,500. This punishment is in lieu of the 12 punishment imposed for creating a public nuisance under current 13 law. To the extent practicable, a court may order that the 14 obstruction be abated or removed at the expense of the person. 15 The costs for abatement or removal of the obstruction may be 16 entered as a personal judgment against the person or assessed 17 against the property where the obstruction occurred, or both. 18 The person is subject to prosecution by the county attorney 19 in the county where the highway is located. However, if the 20 county attorney fails to initiate prosecution within 30 days, 21 the attorney general may initiate and carry out the prosecution 22 in cooperation, if possible, with the county attorney. 23 The bill does not apply to a person who blocks the movement 24 of traffic for the purpose of obtaining law enforcement, 25 medical, or mechanical assistance. In addition, the 26 bill 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 -2- LSB 1162XS (4) 87 ns/nh 2/ 2