Text: HF00043 Text: HF00045 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.279, Code 1999, is amended to read 1 2 as follows: 1 3 321.279 ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW 1 4 ENFORCEMENT VEHICLE. 1 5 1. The driver of a motor vehicle commits aserious1 6misdemeanorclass "D" felony if the driver willfully fails to 1 7 bring the motor vehicle to a stop or otherwise eludes or 1 8 attempts to elude a marked official law enforcement vehicle 1 9 driven by a uniformed peace officer after being given a visual 1 10 or audible signal to stop and in doing so exceeds the speed 1 11 limit by twenty-five miles per hour or more. The signal given 1 12 by the peace officer shall be by flashing red light or siren. 1 13 For purposes of this section, "peace officer" means those 1 14 officers designated under section 801.4, subsection 11, 1 15 paragraphs "a," "b," "c," "g," and "h." 1 16 2. The driver of a motor vehicle commitsan aggravated1 17misdemeanora class "D" felony if, while participating in a 1 18 public offense, as defined in section 702.13, that is a 1 19 felony, the driver willfully fails to bring the motor vehicle 1 20 to a stop or otherwise eludes or attempts to elude a marked 1 21 official law enforcement vehicle that is driven by a uniformed 1 22 peace officer after being given a visual or audible signal as 1 23 provided in this section. 1 24 EXPLANATION 1 25 This bill changes the penalty for the crime of eluding or 1 26 attempting to elude a pursuing law enforcement vehicle. If a 1 27 driver of a motor vehicle is eluding a law enforcement vehicle 1 28 at speeds in excess of 25 miles per hour, the bill changes the 1 29 criminal penalty for eluding from a serious misdemeanor to a 1 30 class "D" felony. If a driver of a motor vehicle eludes or 1 31 attempts to elude a pursuing law enforcement vehicle while 1 32 participating in the commission of a crime that is a felony, 1 33 the bill also changes the criminal penalty for eluding from an 1 34 aggravated misdemeanor to a class "D" felony. 1 35 A class "D" felony is punishable by confinement for no more 2 1 than five years and a fine of at least $500 but not more than 2 2 $7,500. An aggravated misdemeanor is punishable by 2 3 confinement for not more than two years and a fine of at least 2 4 $500 but not more than $5,000. A serious misdemeanor is 2 5 punishable by confinement for not more than one year or a fine 2 6 of at least $250 but not more than $1,500 or both fine and 2 7 imprisonment. 2 8 LSB 1406YH 78 2 9 jm/gg/8
Text: HF00043 Text: HF00045 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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