HSB 524 (LSB 5317YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to eluding or attempting to elude a pursuing law enforcement vehicle and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.279, Code 2020, is amended to read as follows:
   321.279  Eluding or attempting to elude pursuing law enforcement vehicle.
   1.  a.  The driver of a motor vehicle commits a serious misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren. For purposes of this section, “peace officer” means those officers designated under section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
   b.  The driver of a motor vehicle who commits a second or subsequent violation under this subsection is, upon conviction, guilty of an aggravated misdemeanor.
   2.  a.  The driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more.
   b.  The driver of a motor vehicle who commits a violation under this section and who has previously committed a violation under this section or subsection 3 is, upon conviction, guilty of a class “D” felony.
   3.  a.  The driver of a motor vehicle commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section, and in doing so exceeds the speed limit by twenty-five miles per hour or more, and if any of the following occurs:
   a.  (1)  The driver is participating in a public offense, as defined in section 702.13, that is a felony.
   b.  (2)  The driver is in violation of section 321J.2 or 124.401.
   (3)  The driver is in violation of section 124.401.
   c.  (4)  The offense results in bodily injury to a person other than the driver.
   b.  The driver of a motor vehicle who commits a second or subsequent violation under this subsection is, upon conviction, guilty of a class “C” felony.
    Sec. 2.  Section 907.3, subsection 2, paragraph a, subparagraph (2), Code 2020, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (f)  The offense is a violation of section 321.279, subsection 3, paragraph “a”, subparagraph (2).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of eluding or attempting to elude a pursuing law enforcement vehicle. 
   Under current law, a driver of a motor vehicle who commits a violation of Code section 321.279(1) by willfully failing to bring a motor vehicle to a stop or otherwise eluding or attempting to elude a marked official law enforcement vehicle, is, upon conviction, guilty of a serious misdemeanor. A driver of a motor vehicle who commits a violation of Code section 321.279(2) by willfully failing to bring a motor vehicle to a stop or otherwise eluding or attempting to elude a marked official law enforcement vehicle and in doing so exceeds the speed limit by 25 miles per hour or more, is, upon conviction, guilty of an aggravated misdemeanor. A driver of a motor vehicle who commits a violation of Code section 321.279(3) is, upon conviction, guilty of a class “D” felony. A driver of a motor vehicle violates Code section 321.279(3) by willfully failing to bring a motor vehicle to a stop or otherwise eluding or attempting to elude a marked official law enforcement vehicle and in doing so exceeds the speed limit by 25 miles per hour or more, and any of the following occur: the driver participates in a public offense, as defined in Code section 702.13, that is a felony; the driver violates Code section 321J.2 (operating while under the influence) or Code section 124.401 (controlled substance violations); or the offense results in bodily injury to a person other than the driver.
   The bill provides enhanced penalties for all violations of Code section 321.279. Under the bill, a driver of a motor vehicle who commits a second or subsequent violation of Code section 321.279(1) is, upon conviction, guilty of an aggravated misdemeanor. A driver of a motor vehicle who commits a violation of Code section 321.279(2) who has previously committed a violation of Code section 321.279(2) or (3) is, upon conviction, guilty of a class “D” felony. A driver of a motor vehicle who commits a second or subsequent violation of Code section 321.279(3) is, upon conviction, guilty of a class “C” felony. 
   The bill prohibits the court from ordering a deferred sentence for the driver of a motor vehicle convicted of eluding or attempting to elude a pursuing law enforcement vehicle while exceeding the speed limit by 25 miles per hour or more while in violation of Code section 321J.2.