Text: HF00116 Text: HF00118 Text: HF00100 - HF00199 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 commitsa seriousan 1 6 aggravated misdemeanor if the driver willfully fails to bring 1 7 the motor vehicle to a stop or otherwise eludes or attempts to 1 8 elude a marked official law enforcement vehicle driven by a 1 9 uniformed peace officer after being given a visual or audible 1 10 signal to stop and in doing so exceeds the speed limit by 1 11 twenty-five miles per hour or more. The signal given by the 1 12 peace officer shall be by flashing red light or siren. For 1 13 purposes of this section, "peace officer" means those officers 1 14 designated under section 801.4, subsection 11, paragraphs "a," 1 15 "b," "c," "g," and "h". 1 16 2. The driver of a motor vehicle commitsan aggravated1 17misdemeanora class "D" felony if, while participating in a1 18public offense, as defined in section 702.13, that is a1 19felony,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 and if any of the following occurs: 1 24 a. The driver is participating in a public offense, as 1 25 defined in section 702.13, that is a felony. 1 26 b. The offense results in bodily injury to a person other 1 27 than the driver. 1 28 c. The offense results in property damage. 1 29 d. The driver has not been previously convicted of three 1 30 or more moving traffic violations. 1 31 EXPLANATION 1 32 This bill changes the penalty for the crime of eluding or 1 33 attempting to elude a pursuing law enforcement vehicle. If a 1 34 driver of a motor vehicle is eluding a law enforcement vehicle 1 35 at speeds in excess of 25 miles per hour, the bill changes the 2 1 criminal penalty for eluding from a serious misdemeanor to an 2 2 aggravated misdemeanor. A driver of a motor vehicle commits a 2 3 class "D" felony if the driver eludes or attempts to elude a 2 4 pursuing law enforcement vehicle and any of the following 2 5 occurs: the driver is participating in the commission of a 2 6 felony, a person other than the driver incurs bodily injury, 2 7 property damage occurs, or the driver has three or more prior 2 8 moving traffic violation convictions. The bill also changes 2 9 the criminal penalty for eluding from an aggravated 2 10 misdemeanor to a class "D" felony. 2 11 A class "D" felony is punishable by confinement for no more 2 12 than five years and a fine of at least $500 but not more than 2 13 $7,500. An aggravated misdemeanor is punishable by 2 14 confinement for not more than two years and a fine of at least 2 15 $500 but not more than $5,000. A serious misdemeanor is 2 16 punishable by confinement for not more than one year or a fine 2 17 of at least $250 but not more than $1,500 or both fine and 2 18 imprisonment. 2 19 LSB 1500HH 78 2 20 jm/gg/8.1
Text: HF00116 Text: HF00118 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00100/HF00117/990120.html
jhf