House File 2338 - Introduced HOUSE FILE 2338 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 524) 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 TLSB 5317HV (2) 88 hf/rh

H.F. 2338 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 -1- LSB 5317HV (2) 88 hf/rh 1/ 4

H.F. 2338 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 321J.2, subsection 3, paragraph b, 12 subparagraph (2), Code 2020, is amended by adding the following 13 new subparagraph division: 14 NEW SUBPARAGRAPH DIVISION . (f) If the offense was committed 15 in violation of section 321.279, subsection 3, paragraph “a” , 16 subparagraph (2). 17 Sec. 3. Section 907.3, subsection 1, paragraph a, 18 subparagraph (6), Code 2020, is amended by adding the following 19 new subparagraph division: 20 NEW SUBPARAGRAPH DIVISION . (f) If the offense was committed 21 in violation of section 321.279, subsection 3, paragraph “a” , 22 subparagraph (2). 23 Sec. 4. Section 907.3, subsection 2, paragraph a, 24 subparagraph (2), Code 2020, is amended by adding the following 25 new subparagraph division: 26 NEW SUBPARAGRAPH DIVISION . (f) The offense is a violation 27 of section 321.279, subsection 3, paragraph “a” , subparagraph 28 (2). 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the criminal offense of eluding or 33 attempting to elude a pursuing law enforcement vehicle. 34 Under current law, a driver of a motor vehicle who commits 35 -2- LSB 5317HV (2) 88 hf/rh 2/ 4

H.F. 2338 a violation of Code section 321.279(1) by willfully failing 1 to bring a motor vehicle to a stop or otherwise eluding or 2 attempting to elude a marked official law enforcement vehicle, 3 is, upon conviction, guilty of a serious misdemeanor. A driver 4 of a motor vehicle who commits a violation of Code section 5 321.279(2) by willfully failing to bring a motor vehicle to 6 a stop or otherwise eluding or attempting to elude a marked 7 official law enforcement vehicle and in doing so exceeds the 8 speed limit by 25 miles per hour or more, is, upon conviction, 9 guilty of an aggravated misdemeanor. A driver of a motor 10 vehicle who commits a violation of Code section 321.279(3) is, 11 upon conviction, guilty of a class “D” felony. A driver of a 12 motor vehicle violates Code section 321.279(3) by willfully 13 failing to bring a motor vehicle to a stop or otherwise eluding 14 or attempting to elude a marked official law enforcement 15 vehicle and in doing so exceeds the speed limit by 25 miles 16 per hour or more, and any of the following occur: the driver 17 participates in a public offense, as defined in Code section 18 702.13, that is a felony; the driver violates Code section 19 321J.2 (operating while under the influence) or Code section 20 124.401 (controlled substance violations); or the offense 21 results in bodily injury to a person other than the driver. 22 The bill provides enhanced penalties for all violations of 23 Code section 321.279. Under the bill, a driver of a motor 24 vehicle who commits a second or subsequent violation of Code 25 section 321.279(1) is, upon conviction, guilty of an aggravated 26 misdemeanor. A driver of a motor vehicle who commits a 27 violation of Code section 321.279(2) who has previously 28 committed a violation of Code section 321.279(2) or (3) is, 29 upon conviction, guilty of a class “D” felony. A driver of a 30 motor vehicle who commits a second or subsequent violation of 31 Code section 321.279(3) is, upon conviction, guilty of a class 32 “C” felony. 33 The bill prohibits the court from ordering a deferred 34 sentence or a deferred judgment for the driver of a motor 35 -3- LSB 5317HV (2) 88 hf/rh 3/ 4

H.F. 2338 vehicle convicted of eluding or attempting to elude a pursuing 1 law enforcement vehicle while exceeding the speed limit by 2 25 miles per hour or more while in violation of Code section 3 321J.2. 4 -4- LSB 5317HV (2) 88 hf/rh 4/ 4