Text: SF02057 Text: SF02059 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.178, subsection 1, Supplement Code 1 2 1999, is amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. d. A minimum of one hour of instruction 1 4 relating to the hazards of aggressive driving, management of 1 5 stress while driving, and the penalties for aggressive driving 1 6 violations. 1 7 Sec. 2. Section 321.277, Code 1999, is amended to read as 1 8 follows: 1 9 321.277 RECKLESS OR AGGRESSIVE DRIVING. 1 10 1. a.AnyA person whodrives anyoperates a vehicle in 1 11 such manner as to indicate either a willful orawanton 1 12 disregard for the safety of persons or property is guilty of 1 13 reckless driving. 1 14 b.EveryA person convicted of reckless drivingshall be1 15 is guilty of a simple misdemeanor. 1 16 2. a. A person commits the offense of aggressive driving 1 17 if the person operates a vehicle with the intent to harass, 1 18 annoy, or alarm another person and commits two or more of the 1 19 following violations in a single act or series of acts in 1 20 close proximity to another moving vehicle: 1 21 (1) Reckless driving under subsection 1. 1 22 (2) Drag racing under section 321.278. 1 23 (3) An unlawful speed violation under section 321.285, in 1 24 excess of the designated speed limit by more than ten miles 1 25 per hour. 1 26 (4) A violation of the reduced speed provisions in section 1 27 321.288. 1 28 (5) A violation of the minimum speed provisions in section 1 29 321.294. 1 30 (6) A violation of section 321.297, relating to driving on 1 31 the right-hand side of the roadway. 1 32 (7) Improper passing under section 321.299, 321.302, 1 33 321.303, or 321.304. 1 34 (8) Following too closely under section 321.307. 1 35 b. (1) A person convicted of aggressive driving is guilty 2 1 of a serious misdemeanor. In addition to any other penalty 2 2 imposed, the court may order suspension of the person's 2 3 driver's license for up to thirty days and shall order the 2 4 person to attend and complete a remedial driving course. If 2 5 the court orders suspension of the person's driver's license, 2 6 the court may also prohibit the person from obtaining a 2 7 temporary restricted license during the suspension period or 2 8 for a portion of the suspension period. 2 9 (2) If a person is convicted of a second or subsequent 2 10 offense of aggressive driving within twenty-four months of the 2 11 first conviction, the court shall order suspension of the 2 12 person's driver's license for a minimum of ninety days. The 2 13 court may also prohibit the person from obtaining a temporary 2 14 restricted license during the suspension period or for a 2 15 portion of the suspension period. 2 16 Sec. 3. REMEDIAL DRIVING COURSES. The state department of 2 17 transportation shall develop a remedial driving course, in 2 18 consultation with the department of education, for persons 2 19 convicted of aggressive driving under section 321.277, as 2 20 amended by this Act. The state department of transportation 2 21 shall adopt rules to administer the course. The course shall 2 22 include instruction on the hazards of aggressive driving, the 2 23 biological and medical effects of the development and 2 24 expression of road rage, and management of stress while 2 25 driving. 2 26 Sec. 4. EFFECTIVE DATE. Section 3 of this Act, being 2 27 deemed of immediate importance, takes effect upon enactment. 2 28 EXPLANATION 2 29 This bill creates the new offense of aggressive driving in 2 30 Code section 321.277. The bill provides that a person commits 2 31 the offense of aggressive driving if the person operates a 2 32 vehicle with the intent to harass, annoy, or alarm another 2 33 person and commits two or more designated moving traffic 2 34 violations in a single act or series of acts in close 2 35 proximity to another vehicle. The designated moving traffic 3 1 violations which, if committed, may be considered as part of 3 2 the aggressive driving offense are reckless driving, drag 3 3 racing, speeding which exceeds the designated speed limit by 3 4 more than 10 miles per hour, a violation of certain reduced 3 5 speed requirements, a slow speed violation, a violation of 3 6 certain provisions requiring operation on the right side of 3 7 the roadway, improper passing, and following too closely. 3 8 The bill provides that aggressive driving is a serious 3 9 misdemeanor. Serious misdemeanors are punishable by a fine of 3 10 at least $250 but not to exceed $1,500. In addition, the 3 11 court may also order imprisonment not to exceed one year. 3 12 The bill also provides that in addition to any other 3 13 penalty imposed for aggressive driving, the court may order 3 14 the violator's driver's license to be suspended for up to 30 3 15 days and shall order the person to attend and complete a 3 16 remedial driving course. The bill also provides that the 3 17 court shall order suspension of a violator's driver's license 3 18 for a minimum of 90 days for a second or subsequent conviction 3 19 which occurs within 24 months of the first conviction. The 3 20 court may prohibit a violator from obtaining a temporary 3 21 restricted license during any suspension period. 3 22 The bill requires approved courses in driver's education to 3 23 include a minimum of one hour of classroom instruction 3 24 relating to the hazards of aggressive driving, management of 3 25 stress while driving, and the penalties for aggressive driving 3 26 violations. 3 27 The bill also directs the state department of 3 28 transportation to develop a remedial driving course, in 3 29 consultation with the department of education, for persons 3 30 convicted of aggressive driving. The course is to include 3 31 instruction on the hazards of aggressive driving, the 3 32 biological and medical effects of the development and 3 33 expression of road rage, and management of stress while 3 34 driving. 3 35 LSB 5830SS 78 4 1 nh/as/5
Text: SF02057 Text: SF02059 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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