Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.46, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. A person shall not use or consume alcoholic liquor, 1 4 wine, or beer upon the public streets or highways. A person 1 5 shall not use or consume alcoholic liquor in any public place 1 6 except premises covered by a liquor control license. A person 1 7 shall not possess or consume alcoholic liquors, wine, or beer 1 8 on public school property or while attending a public or 1 9 private school-related function. A person shall not be in- 1 10 toxicated or simulate intoxication in a public place or in the 1 11 interior of a motor vehicle located on a public street or 1 12 highway or on public property. A person violating this 1 13 subsection is guilty of a simple misdemeanor. 1 14 Sec. 2. Section 125.34, subsection 1, Code 1995, is 1 15 amended to read as follows: 1 16 1. An intoxicated person may come voluntarily to a 1 17 facility for emergency treatment. A person who appears to be 1 18 intoxicated or incapacitated by a chemical substance in a 1 19 public place or in the interior of a motor vehicle located on 1 20 a public highway or public property and in need of help may be 1 21 taken to a facility by a peace officer under section 125.91. 1 22 If the person refuses the proffered help, the person may be 1 23 arrested and charged with intoxication under section 123.46, 1 24 if applicable. 1 25 Sec. 3. Section 321.218, subsection 1, Code 1995, is 1 26 amended to read as follows: 1 27 1. A person whose motor vehicle license or operating 1 28 privilege has been denied, canceled, suspended, or revoked as 1 29 provided in this chapter, and who operates a motor vehicle 1 30 upon the highways of this state while the license or privilege 1 31 is denied, canceled, suspended, or revoked, commits asimple1 32 serious misdemeanor. 1 33 Sec. 4. Section 321.218, subsection 2, Code 1995, is 1 34 amended by striking the subsection. 1 35 Sec. 5. Section 321.218, subsection 5, Code 1995, is 2 1 amended to read as follows: 2 2 5. A person who operates a commercial motor vehicle upon 2 3 the highways of this state when disqualified from operating 2 4 the commercial motor vehicle under section 321.208 commits a 2 5simpleserious misdemeanor if a commercial driver's license is 2 6 required for the person to operate the commercial motor 2 7 vehicle. 2 8 Sec. 6. Section 321.307, Code 1995, is amended to read as 2 9 follows: 2 10 321.307 FOLLOWING TOO CLOSELY. 2 11 The driver of a motor vehicle shall not follow another 2 12 motor vehiclemore closely than is reasonable and prudent,2 13having due regard for the speed of such vehicles and the2 14traffic upon and the condition of the highwayat a distance 2 15 that is less than that which would be traveled by the motor 2 16 vehicle in two seconds at current speed. A commercial vehicle 2 17 shall not follow another motor vehicle at a distance that is 2 18 less than that which would be traveled by the commercial 2 19 vehicle in three seconds at current speed. However, if 2 20 traffic, road, weather, or other conditions affect the safe 2 21 operation of the motor vehicle, the driver of a motor vehicle 2 22 shall follow at a reasonable and prudent distance which may be 2 23 greater than that which is otherwise required by this section. 2 24 EXPLANATION 2 25 This bill prohibits intoxication or simulation of 2 26 intoxication in the interior of a motor vehicle located on a 2 27 public highway or public property. The charge for being 2 28 intoxicated or simulating intoxication in the interior of a 2 29 motor vehicle is a simple misdemeanor. A simple misdemeanor 2 30 is punishable by up to 30 days imprisonment or a fine of at 2 31 least $50, but not to exceed $100. 2 32 The bill increases the charge from a simple to a serious 2 33 misdemeanor for operation of a motor vehicle when the 2 34 operator's license has been denied, canceled, suspended, or 2 35 revoked and for operation of a commercial motor vehicle if the 3 1 operator has been disqualified from operating the commercial 3 2 motor vehicle. The maximum sentence for a simple misdemeanor 3 3 is imprisonment not to exceed 30 days or a fine of at least 3 4 $50 but not to exceed $100 and for a serious misdemeanor is 3 5 imprisonment not to exceed one year or a fine of at least $250 3 6 but not to exceed $1500, or both. 3 7 Finally, the bill states that the offense of following too 3 8 closely is committed if the driver of a motor vehicle is 3 9 following at a distance of less than that which would be 3 10 traveled in two seconds at current speed or the driver of a 3 11 commercial motor vehicle is following at a distance of less 3 12 than that which would be traveled in three seconds at current 3 13 speed. However, the bill provides that if traffic, road, 3 14 weather, or other conditions exist that affect the safe 3 15 operation of the vehicle, the driver shall follow at a 3 16 reasonable and prudent distance which may be greater than that 3 17 required under the two-second and three-second distances. 3 18 Following too closely is a scheduled violation punishable by a 3 19 fine of $20. 3 20 BACKGROUND STATEMENT 3 21 SUBMITTED BY THE AGENCY 3 22 A 1991, Supreme Court decision, State v. Lake, 476 N.W.2d 3 23 55 (Iowa 1991), stated that a person could not be charged with 3 24 public intoxication while in the interior of a motor vehicle. 3 25 Therefore, a peace officer arresting an intoxicated driver is 3 26 prohibited from also arresting an intoxicated passenger on a 3 27 public intoxication charge. Since the vehicle cannot be 3 28 driven by an intoxicated person, the vehicle may need to be 3 29 towed from the public roadway, forcing a peace officer to 3 30 release an uncooperative or unruly intoxicated passenger. 3 31 This creates a danger to the person and to the public. 3 32 Amending this section allows a peace officer to charge a 3 33 person with public intoxication if the person is intoxicated 3 34 or simulates intoxication in the interior of the motor vehicle 3 35 if the motor vehicle is located on a public highway or on 4 1 public property. 4 2 Persons driving when their driver's license has been 4 3 denied, suspended, revoked, or canceled have generally been 4 4 convicted of offenses seriously affecting public safety and 4 5 have ignored previous offenses requiring court appearances. 4 6 Increasing the penalty from a simple to a serious misdemeanor 4 7 allows a warrant to be issued for failure to appear and 4 8 provides a penalty more in keeping with the seriousness of the 4 9 offense. 4 10 Following too closely represents one of the most common 4 11 driver actions causing collision. The state has experienced 4 12 several major accidents resulting in fatalities due to a 4 13 vehicle following too closely. It is also a major 4 14 contributing factor in numerous less serious accidents. 4 15 Current law provides no standard for measurement and is vague 4 16 and unenforceable. The "two second" rule is taught in drivers 4 17 education courses and in the Iowa Driver's Manual and 4 18 represents a much more proactive approach. This amendment, 4 19 coupled with public safety education, would greatly enhance 4 20 driver awareness and ultimately the safety of the state's 4 21 roadways. 4 22 LSB 1080DP 76 4 23 js/cf/24
Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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