Text: HF02108                           Text: HF02110
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2109

Partial Bill History

Bill Introduced: H.J. 137
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 805.10, Code 1999, is amended to read
  1  2 as follows:
  1  3    805.10  REQUIRED COURT APPEARANCE.
  1  4    Section 805.9 shall not apply to a scheduled violation in
  1  5 any of the following circumstances: when the violation charged
  1  6 resulted in a fatality or serious injury, as defined in
  1  7 section 702.18.
  1  8    1.  When the violation charged involved or resulted in an
  1  9 accident or injury to property and the total damages are one
  1 10 thousand dollars or more, or in an injury to person.
  1 11    2.  When the violation created an immediate threat to the
  1 12 safety of other persons or property because of highway
  1 13 conditions, visibility, traffic, repetition, or other
  1 14 circumstances.
  1 15    In such cases case, the defendant shall appear before the
  1 16 court and regular procedure shall apply.  If an information is
  1 17 used the officer shall endorse thereon on the information,
  1 18 "Court appearance required."  If a citation and complaint is
  1 19 used, the officer shall strike out the space in which the
  1 20 defendant may admit the violation before a scheduled
  1 21 violations office and shall endorse thereon on the citation
  1 22 and complaint, "Court appearance required" and the defendant
  1 23 shall appear before the court either in person or by attorney.
  1 24    3.  When the violation charged involves the taking of an
  1 25 animal for which there is a civil damage assessment in
  1 26 addition to a criminal penalty.
  1 27    Sec. 2.  Section 805.11, Code 1999, is amended to read as
  1 28 follows:
  1 29    805.11  OTHER PENALTIES.
  1 30    If Except as otherwise provided in this section, if the
  1 31 defendant is convicted of a scheduled violation, the penalty
  1 32 is the scheduled fine, without suspension of the fine
  1 33 prescribed in section 805.8 together with costs assessed and
  1 34 distributed as prescribed by section 602.8106, unless.  If it
  1 35 appears from the evidence that the violation was of the type
  2  1 set forth in section 805.10, subsection 1 or 2, in which event
  2  2 was one of the following types, the scheduled fine does not
  2  3 apply and the penalty shall be increased within the limits
  2  4 provided by law for the offense. shall be doubled:
  2  5    1.  The violation charged is a moving violation and caused
  2  6 an accident or injury to property and the total damages are
  2  7 one thousand dollars or more, or in an injury to a person.
  2  8    2.  The violation created an immediate threat to the safety
  2  9 of other persons or property because of highway conditions,
  2 10 visibility, traffic, repetition, or other circumstances.
  2 11    3.  The violation charged involved the taking of an animal
  2 12 for which there is a civil damage assessment in addition to a
  2 13 criminal penalty.  
  2 14                           EXPLANATION
  2 15    This bill amends Code sections 805.10 and 805.11, relating
  2 16 to when a court appearance is required for a scheduled
  2 17 violation and to penalties for scheduled violations,
  2 18 respectively.  Currently, Code section 805.10 requires a court
  2 19 appearance for a scheduled violation when the violation
  2 20 involved or resulted in an accident or injury to property and
  2 21 the damages total $1,000 or more, or in an injury to a person;
  2 22 when the violation created an immediate threat to the safety
  2 23 of other persons or property because of the circumstances; and
  2 24 when the violation involved the taking of an animal for which
  2 25 there is a civil damage assessment in addition to a criminal
  2 26 penalty.  The bill changes the reference to a violation which
  2 27 involved or resulted in an accident or injury to require that
  2 28 the violation charged is a moving violation and caused an
  2 29 accident or injury and provides instead that the scheduled
  2 30 fine for such violations shall be doubled.  The bill
  2 31 eliminates the required court appearance for all such
  2 32 violations except when the violation charged resulted in a
  2 33 fatality or serious injury.  This is a change from the current
  2 34 penalty provision in Code section 805.11 that states that
  2 35 scheduled violations involving or resulting in an accident or
  3  1 injury to property when damages total $1,000 or more, or in an
  3  2 injury to a person, or violations which created an immediate
  3  3 threat to the safety of other persons or property because of
  3  4 the circumstances are subject to a penalty greater than the
  3  5 scheduled fine for the offense, within the limits of the law.  
  3  6 LSB 5040YH 78
  3  7 nh/cf/24.1

Text: HF02108                           Text: HF02110
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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