Senate File 2123
SENATE FILE
BY LUNDBY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating a new offense of aggressive driving, providing
2 for instruction relating to the hazards of aggressive driving,
3 and providing penalties and an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 321.178, subsection 1, Code Supplement
1 2 2003, 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 2003, is amended to read as
1 8 follows:
1 9 321.277 RECKLESS OR AGGRESSIVE DRIVING.
1 10 1. a. Any A person who drives any operates a vehicle in
1 11 such manner as to indicate either a willful or a wanton
1 12 disregard for the safety of persons or property is guilty of
1 13 reckless driving.
1 14 b. Every A person convicted of reckless driving shall be
1 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=hand side
3 7 of 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.
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