Senate File 114 S-3052 Amend Senate File 114 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 321.210D, Code 2019, is amended to read 4 as follows: 5 321.210D Vehicular homicide suspension —— termination upon 6 revocation of license —— reopening of suspension. 7 1. If a trial information or indictment is filed charging a 8 person with the offense of homicide by vehicle under section 9 707.6A, subsection 1 , or 2 , or 3A, the clerk of the district 10 court shall, upon the filing of the information or indictment, 11 forward notice to the department including the name and address 12 of the party charged, the registration number of the vehicle 13 involved, if known, the nature of the offense, and the date of 14 the filing of the indictment or information. 15 2. Upon receiving notice from the clerk of the district 16 court that an indictment or information has been filed charging 17 an operator with homicide by vehicle under section 707.6A, 18 subsection 1 , or 2 , or 3A, the department shall notify the 19 person that the person’s driver’s license will be suspended 20 effective ten days from the date of issuance of the notice. 21 The department shall adopt rules relating to the suspension of 22 the license of an operator pursuant to this section which shall 23 include, but are not limited to, procedures for the surrender 24 of the person’s license to the department upon the effective 25 date of the suspension. 26 3. If a person whose driver’s license has been suspended 27 pursuant to this section is not convicted of the charge of 28 homicide by vehicle under section 707.6A, subsection 1 , or 2 , 29 or 3A, upon record entry of disposition of the charge, the 30 clerk of the district court shall forward a notice including 31 the name and address of the party charged, the registration 32 number of the vehicle involved, the nature of the offense 33 charged by indictment or information, the date of the filing 34 of the indictment or information, and of the disposition of 35 -1- SF114.965 (5) 88 ns/rh 1/ 4 #1.

the charge to the department. Upon receipt of the notice from 1 the clerk, the department shall automatically rescind the 2 suspension and reinstate the person’s driver’s license without 3 payment of any charge or penalty. 4 4. Upon receiving a record of conviction under section 5 321.206 , for a violation of section 707.6A, subsection 1 , 6 or 2 , or 3A, and upon revocation of the person’s license or 7 operating privileges under section 321.209 , the suspension 8 under subsection 2 shall automatically terminate in favor of 9 the revocation. 10 Sec. 2. Section 321.555, subsection 1, paragraph h, Code 11 2019, is amended to read as follows: 12 h. Serious injury by a vehicle in violation of section 13 707.6A, subsection 4 or 4A . 14 Sec. 3. Section 707.6A, Code 2019, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 3A. A person commits a class “D” felony 17 when the person unintentionally causes the death of another 18 by exceeding a speed limit established or posted pursuant to 19 section 262.68, section 321.236, subsection 5 or 11, section 20 321.236, subsection 13, paragraph “a” , section 321.285, section 21 321.288, subsection 2, paragraph “f” , or section 321.289, 22 321.290, 321.293, 321.295, 350.5, or 461A.36, by twenty-five 23 miles per hour or more. However, if the offense is a person’s 24 second or subsequent offense under this subsection, the person 25 commits a class “C” felony. This subsection does not apply to 26 a member of a public safety agency, as defined in section 34.1, 27 performing official duties. 28 NEW SUBSECTION . 4A. A person commits an aggravated 29 misdemeanor when the person unintentionally causes a serious 30 injury, as defined in section 702.18, by the means described in 31 subsection 3A. This subsection does not apply to a member of a 32 public safety agency, as defined in section 34.1, performing 33 official duties. 34 Sec. 4. Section 707.6A, subsection 7, Code 2019, is amended 35 -2- SF114.965 (5) 88 ns/rh 2/ 4

to read as follows: 1 7. Notwithstanding the provisions of In accordance with 2 sections 901.5 and 907.3 , the court shall not defer judgment or 3 sentencing, or suspend execution of any part of the sentence 4 applicable to the defendant , for a any of the following: 5 a. A violation of subsection 1 , or for a . 6 b. A second or subsequent violation of subsection 3A. 7 c. A violation of subsection 4 involving the operation of a 8 motor vehicle while intoxicated. 9 Sec. 5. Section 902.12, subsection 1, paragraph f, Code 10 2019, is amended to read as follows: 11 f. Vehicular homicide in violation of section 707.6A, 12 subsection 1 , or 2 , or 3A, if the person was also convicted 13 under section 321.261, subsection 4 , based on the same facts 14 or event that resulted in the conviction under section 707.6A, 15 subsection 1 , or 2 , or 3A . 16 Sec. 6. Section 907.3, subsection 1, paragraph a, 17 subparagraph (10), Code 2019, is amended by striking the 18 subparagraph and inserting in lieu thereof the following: 19 (10) The offense is a violation of section 707.6A, 20 subsection 1. 21 Sec. 7. Section 907.3, subsection 1, paragraph a, Code 2019, 22 is amended by adding the following new subparagraphs: 23 NEW SUBPARAGRAPH . (011) The offense is a second or 24 subsequent violation of section 707.6A, subsection 3A. 25 NEW SUBPARAGRAPH . (0011) The offense is a violation of 26 section 707.6A, subsection 4, involving operation of a motor 27 vehicle while intoxicated. 28 Sec. 8. Section 907.3, subsection 2, paragraph a, 29 subparagraph (6), Code 2019, is amended by striking the 30 subparagraph and inserting in lieu thereof the following: 31 (6) Section 707.6A, subsection 1. 32 Sec. 9. Section 907.3, subsection 2, paragraph a, Code 2019, 33 is amended by adding the following new subparagraphs: 34 NEW SUBPARAGRAPH . (07) A second or subsequent violation of 35 -3- SF114.965 (5) 88 ns/rh 3/ 4

section 707.6A, subsection 3A. 1 NEW SUBPARAGRAPH . (007) Section 707.6A, subsection 4, 2 involving operation of a motor vehicle while intoxicated. 3 Sec. 10. Section 907.3, subsection 3, paragraph d, Code 4 2019, is amended by striking the paragraph and inserting in 5 lieu thereof the following: 6 d. A sentence imposed pursuant to section 707.6A, subsection 7 1. 8 Sec. 11. Section 907.3, subsection 3, Code 2019, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . 0e. A sentence imposed for a second or 11 subsequent violation of section 707.6A, subsection 3A. 12 NEW PARAGRAPH . 00e. A sentence imposed pursuant to section 13 707.6A, subsection 4, involving operation of a motor vehicle 14 while intoxicated. > 15 2. Title page, lines 1 and 2, by striking < the death of a 16 person > and inserting < death or serious injury > 17 ______________________________ JASON SCHULTZ -4- SF114.965 (5) 88 ns/rh 4/ 4 #2.