Text: SF00252 Text: SF00254 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 6or moreshallalso, within seventy-two hours after the1 7accident, forward a writtenreportofthe accident tothe1 8departmenta law enforcement officer. 1 9 3. Every law enforcement officer who, in the regular 1 10 course of duty, investigates a motor vehicle accidentof which1 11report must be madeas required in subsections 1to 3 of this1 12sectionand 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 15suchthe investigation, forward a written report ofsuchthe 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 shallprepare and upon request supply to1 26 provide police departments, coroners, sheriffs, and other 1 27 suitable agencies or individuals, forms for accident reports 1 28 requiredhereunder, whichunder section 321.266. The reports 1 29 shallcall forrequire sufficiently detailed information to 1 30 disclosewith reference to a traffic accidentthe cause, 1 31condition thenthe existing conditions,andthe persons and 1 32 vehicles involved, and the existence of liability insurance 1 33 coverage of the drivers. 1 34Every required accident report shall be made on a form1 35approved 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 5All accident reports filed by a driver of a vehicle2 6involved in an accident as required under section 321.2662 7shall be in writing. The reportAccident reports filed by a 2 8 law enforcement officer under section 321.266 shall be without 2 9 prejudice to theindividual so reportingdriver 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,orthe 2 13 attorney forsuchthe 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 requestof the person making the report,and payment of a four 2 17 dollar fee, shall providethe person witha copy ofthat2 18person'sthe 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 24All written reports filed by a law enforcement officer as2 25required under section 321.266 shall be made available to any2 26party to an accident, the party's insurance company or its2 27agent, the party's attorney, or the attorney general, on2 28written request to the department and the payment of a fee of2 29four dollars for each copy. If a copy of an investigating2 30officer's report of a motor vehicle accident filed with the2 31department is retained by the law enforcement agency of the2 32officer who filed the report, a copy shall be made available2 33to any party to the accident, the party's insurance company or2 34its agent, the party's attorney, or the attorney general, on2 35written request and the payment of a fee.The attorney 3 1 general shall not be required by the departmentor the law3 2enforcement agencyto 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 7AnyAn incorporated city or other municipality may by 3 8 ordinance requirethatthedriver of a vehicle involved inlaw 3 9 enforcement officer reporting an accidentshallto also file 3 10 the accident report with a designated city departmenta report3 11of such accident or a copy of any report herein required to be3 12filed 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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