HF 484 (LSB 2239HV (2) 88)

HOUSE FILE 484

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 123)

A BILL FOR

An Act relating to motor vehicle accidents resulting in injury or death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.209, subsection 3, Code 2019, is amended to read as follows:
   3.  Failure to stop and render aid as required under the laws of this state or to otherwise comply with section 321.261 in the event of a motor vehicle accident resulting in the death or personal injury of another.
    Sec. 2.  Section 321.261, subsection 1, Code 2019, is amended to read as follows:
   1.  a.  The driver of any vehicle who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident in accordance with section 321.263. Every such stop shall be made without obstructing traffic more than is necessary.
   b.  If the driver of a vehicle leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver shall, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in section 321.263 and the location and possible time of the accident.
    Sec. 3.  Section 321.555, subsection 1, paragraph f, Code 2019, is amended to read as follows:
   f.  Failure to stop and leave information, or to render aid as required by, or to otherwise comply with sections 321.261 and 321.263.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the driver of a vehicle involved in an accident resulting in injury to or death of a person must immediately stop the vehicle at the scene of the accident or as close as possible and if able, must then return to and remain at the scene of the accident. This bill applies the provision to a driver who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of a person.
   The bill provides that if a driver leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver must, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in Code section 321.263 and the location and possible time of the accident. Under Code section 321.263, such information includes the driver’s name, address, registration number of the vehicle or other information on the registration receipt, driver’s license information, and other identification data.
   A person who violates Code section 321.261 relating to an accident resulting in an injury is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A person who violates Code section 321.261 relating to an accident resulting in a serious injury is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A person who violates Code section 321.261 relating to an accident resulting in death is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A violation of Code section 321.261 is subject to mandatory driver’s license revocation under Code section 321.209, is considered an offense for purposes of habitual offender status under Code section 321.555, and may result in exclusion from an automobile insurance policy under Code section 515D.4.