Text: HF00116                           Text: HF00118
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 117

Partial Bill History

Bill Text

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 a serious an
  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 commits an aggravated
  1 17 misdemeanor a 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 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

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