Senate File 315
SENATE FILE
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO SSB 1041)
(COMPANION TO HF 343 BY
COMMITTEE ON PUBLIC SAFETY)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to enforcement of motor vehicle law provisions
2 and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1034SV 80
5 jm/cf/24
PAG LIN
1 1 Section 1. Section 321.1, subsection 30, Code 2003, is
1 2 amended to read as follows:
1 3 30. "Guaranteed arrest bond certificate" means any
1 4 printed, unexpired certificate issued by an automobile club or
1 5 association to any of its members, or any printed, unexpired
1 6 certificate issued by an insurance company authorized to write
1 7 automobile liability insurance within this state, which said
1 8 certificate is signed by such member or insured and contains a
1 9 printed statement that such automobile club, association, or
1 10 insurance company and a surety company which is doing business
1 11 in this state under the provisions of section 515.48,
1 12 subsection 2, guarantee the appearance of the person whose
1 13 signature appears on the certificate and that they will, in
1 14 the event of failure of such person to appear in court at the
1 15 time of trial, pay any fine or forfeiture imposed on such
1 16 person in an amount not to exceed two hundred one thousand
1 17 dollars. If such insurance company is itself qualified under
1 18 the provisions of section 515.48, subsection 2, then it the
1 19 insurance company may be its own surety. Bail in this form
1 20 shall be subject to the forfeiture and enforcement provisions
1 21 with respect to bail bonds in criminal cases as provided by
1 22 law.
1 23 Sec. 2. Section 321.302, Code 2003, is amended to read as
1 24 follows:
1 25 321.302 OVERTAKING ON THE RIGHT AND OTHERWISE.
1 26 1. The Unless otherwise prohibited by law, the driver of a
1 27 vehicle on a roadway with unobstructed pavement of sufficient
1 28 width for two or more lines of traffic moving in the same
1 29 direction as the vehicle being passed may overtake and pass
1 30 upon the right of another vehicle which is making or about to
1 31 make a left turn when such movement can be made in safety.
1 32 2. The Unless otherwise prohibited by law, the driver of a
1 33 vehicle may overtake and, allowing sufficient clearance, pass
1 34 another vehicle proceeding in the same direction either upon
1 35 the left or upon the right on a roadway with unobstructed
2 1 pavement of sufficient width for four or more lines of moving
2 2 traffic when such movement can be made in safety.
2 3 3. No person The driver of a vehicle shall not drive off
2 4 the pavement or upon the shoulder of the roadway or upon the
2 5 apron or roadway of an intersecting roadway in overtaking or
2 6 passing on the right or the left.
2 7 3 4. A person convicted of a violation of this section is
2 8 guilty of a simple misdemeanor punishable as a scheduled
2 9 violation under section 805.8A, subsection 6, paragraph "d".
2 10 Sec. 3. Section 321.486, subsection 1, Code 2003, is
2 11 amended to read as follows:
2 12 1. A current guaranteed arrest bond certificate as defined
2 13 in section 321.1, subsection 30 shall be considered sufficient
2 14 surety if the defendant is charged with an offense where the
2 15 penalty does not exceed two hundred one thousand dollars.
2 16 Sec. 4. Section 321K.1, Code 2003, is amended by adding
2 17 the following new subsection:
2 18 NEW SUBSECTION. 3. A law enforcement agency conducting a
2 19 roadblock in accordance with this section may require the
2 20 driver to provide proof of financial liability coverage
2 21 required under section 321.20B.
2 22 Sec. 5. Section 805.6, subsection 1, paragraph c,
2 23 subparagraph (3), Code 2003, is amended by striking the
2 24 subparagraph.
2 25 EXPLANATION
2 26 This bill relates to the enforcement of motor vehicle law
2 27 provisions.
2 28 Code sections 321.1 and 321.486, relating to a guaranteed
2 29 arrest bond certificate, are amended. The bill increases the
2 30 maximum amount of a guaranteed arrest bond certificate from
2 31 $200 to $1,000. A guaranteed arrest bond certificate is a
2 32 guarantee by another person that if the defendant fails to
2 33 appear in court at the time of trial, the person will pay any
2 34 fine or forfeiture not exceeding $1,000 imposed on the
2 35 defendant.
3 1 Code section 321.302, relating to passing a motor vehicle,
3 2 is amended. The bill provides that a driver of a vehicle may,
3 3 if done so in a safe manner, overtake and pass on the right of
3 4 another vehicle, which is making a left turn, on a roadway
3 5 with unobstructed pavement of sufficient width for two or more
3 6 lines of traffic moving in the same direction as the vehicle
3 7 being passed. The bill also provides that the driver shall
3 8 not drive off the pavement or upon the shoulder of the roadway
3 9 or upon the apron or roadway of an intersecting roadway in
3 10 overtaking or passing on the right or the left.
3 11 Code section 321K.1, relating to a law enforcement agency
3 12 conducting a routine motor vehicle roadblock, is amended. In
3 13 addition to the purposes for routine roadblocks outlined in
3 14 Code section 321K.1, the bill provides that a law enforcement
3 15 agency may also check for financial liability coverage during
3 16 a routine roadblock. If a driver is unable to provide proof
3 17 of financial liability coverage, the violation is punishable
3 18 under Code section 321.20B.
3 19 Code section 805.6, relating to the uniform citation and
3 20 complaint, is amended. The bill eliminates the requirement
3 21 for an appearance bond in a motor vehicle accident that
3 22 involves damages which are less than $1,000 because an
3 23 appearance bond is already required under Code section 805.6,
3 24 subsection 1, paragraph "c", subparagraph (1), (2), or (4).
3 25 An unsecured appearance bond authorizes the court to enter a
3 26 conviction and render judgment against a defendant in the
3 27 amount of the unsecured appearance bond if the defendant fails
3 28 to appear in court.
3 29 LSB 1034SV 80
3 30 jm/cf/24