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Text: SF00252                           Text: SF00254
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Senate File 253

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.266, subsections 2 and 3, Code
  1  2 1995, are amended to read as follows:
  1  3    2.  The driver of a vehicle involved in an accident
  1  4 resulting in injury to or death of any person, or total
  1  5 property damage to an apparent extent of five hundred dollars
  1  6 or more shall also, within seventy-two hours after the
  1  7 accident, forward a written report of the accident to the
  1  8 department a law enforcement officer.
  1  9    3.  Every law enforcement officer who, in the regular
  1 10 course of duty, investigates a motor vehicle accident of which
  1 11 report must be made as required in subsections 1 to 3 of this
  1 12 section and 2, either at the time of and at the scene of the
  1 13 accident or thereafter by interviewing participants or
  1 14 witnesses shall, within twenty-four hours after completing
  1 15 such the investigation, forward a written report of such the
  1 16 accident to the department.  The written report shall include
  1 17 information regarding liability insurance coverage of the
  1 18 drivers involved.  A copy of the report shall be given to the
  1 19 driver of each vehicle involved in the accident.  The law
  1 20 enforcement officer shall not be liable for any false
  1 21 information contained in the accident report.
  1 22    Sec. 2.  Section 321.269, Code 1995, is amended to read as
  1 23 follows:
  1 24    321.269  ACCIDENT REPORT FORMS.
  1 25    The department shall prepare and upon request supply to
  1 26 provide police departments, coroners, sheriffs, and other
  1 27 suitable agencies or individuals, forms for accident reports
  1 28 required hereunder, which under section 321.266.  The reports
  1 29 shall call for require sufficiently detailed information to
  1 30 disclose with reference to a traffic accident the cause,
  1 31 condition then the existing conditions, and the persons and
  1 32 vehicles involved, and the existence of liability insurance
  1 33 coverage of the drivers.
  1 34    Every required accident report shall be made on a form
  1 35 approved by the department if said form is available.
  2  1    Sec. 3.  Section 321.271, Code 1995, is amended to read as
  2  2 follows:
  2  3    321.271  REPORTS CONFIDENTIAL &endash; WITHOUT PREJUDICE &endash;
  2  4 EXCEPTIONS.
  2  5    All accident reports filed by a driver of a vehicle
  2  6 involved in an accident as required under section 321.266
  2  7 shall be in writing.  The report Accident reports filed by a
  2  8 law enforcement officer under section 321.266 shall be without
  2  9 prejudice to the individual so reporting driver of a vehicle
  2 10 and shall be for the confidential use of the department,
  2 11 except that upon the request of any person involved in the
  2 12 accident, the person's insurance company or its agent, or the
  2 13 attorney for such the person, or the attorney general, the
  2 14 department shall disclose the identity and address of the
  2 15 person involved in the accident.  The department, upon written
  2 16 request of the person making the report, and payment of a four
  2 17 dollar fee, shall provide the person with a copy of that
  2 18 person's the report to any party to an accident, the party's
  2 19 insurance company or its agent, the party's attorney, or the
  2 20 attorney general.  The written report filed with the
  2 21 department shall not be admissible in or used in evidence in
  2 22 any civil or criminal case arising out of the facts on which
  2 23 the report is based.
  2 24    All written reports filed by a law enforcement officer as
  2 25 required under section 321.266 shall be made available to any
  2 26 party to an accident, the party's insurance company or its
  2 27 agent, the party's attorney, or the attorney general, on
  2 28 written request to the department and the payment of a fee of
  2 29 four dollars for each copy.  If a copy of an investigating
  2 30 officer's report of a motor vehicle accident filed with the
  2 31 department is retained by the law enforcement agency of the
  2 32 officer who filed the report, a copy shall be made available
  2 33 to any party to the accident, the party's insurance company or
  2 34 its agent, the party's attorney, or the attorney general, on
  2 35 written request and the payment of a fee.  The attorney
  3  1 general shall not be required by the department or the law
  3  2 enforcement agency to pay a fee for a copy of a report filed
  3  3 by a law enforcement or investigating officer.
  3  4    Sec. 4.  Section 321.273, Code 1995, is amended to read as
  3  5 follows:
  3  6    321.273  CITY MAY REQUIRE REPORTS.
  3  7    Any An incorporated city or other municipality may by
  3  8 ordinance require that the driver of a vehicle involved in law
  3  9 enforcement officer reporting an accident shall to also file
  3 10 the accident report with a designated city department a report
  3 11 of such accident or a copy of any report herein required to be
  3 12 filed with the department.  All such reports shall be for the
  3 13 confidential use of the city department and subject to the
  3 14 provisions of section 321.271.
  3 15    Sec. 5.  Section 321.268, Code 1995, is repealed.  
  3 16                           EXPLANATION
  3 17    Currently, the driver of a vehicle involved in an accident
  3 18 which must be reported has 72 hours to provide the state
  3 19 department of transportation with the accident report.  This
  3 20 bill requires the law enforcement officer who is called to the
  3 21 scene of the accident to complete the accident report and send
  3 22 it to the department rather than the driver of a vehicle.
  3 23 Current law requires the law enforcement officer to provide
  3 24 the department with a written accident report within 24 hours
  3 25 of the accident.  This bill requires that the report include
  3 26 information regarding liability insurance coverage of the
  3 27 parties and that the law enforcement officer provide the
  3 28 parties with a copy of the report.  
  3 29 LSB 1741SS 76
  3 30 js/jj/8
     

Text: SF00252                           Text: SF00254
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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