House File 2190 - Introduced



                                       HOUSE FILE       
                                       BY  HEDDENS and SWAIM


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to criminal penalties for a driver convicted of
  2    failure to stop and render aid at the scene of a motor vehicle
  3    accident.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6033HH 81
  6 dea/gg/14

PAG LIN



  1  1    Section 1.  Section 321.261, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3.  Notwithstanding subsection 2, any
  1  4 person failing to stop or to comply with the requirements in
  1  5 subsection 1, in the event of an accident resulting in a
  1  6 serious injury to any person, is guilty upon conviction of an
  1  7 aggravated misdemeanor.  For purposes of this section,
  1  8 "serious injury" means as defined in section 702.18.
  1  9    Sec. 2.  Section 321.261, subsection 3, Code 2005, is
  1 10 amended to read as follows:
  1 11    3.  4.  A person failing to stop or to comply with the
  1 12 requirements in subsection 1, in the event of an accident
  1 13 resulting in the death of a person, is guilty upon conviction
  1 14 of an aggravated misdemeanor a class "D" felony.
  1 15    Sec. 3.  Section 902.12, subsection 6, Code 2005, is
  1 16 amended to read as follows:
  1 17    6.  Vehicular homicide in violation of section 707.6A,
  1 18 subsection 1 or 2, if the person was also convicted under
  1 19 section 321.261, subsection 3 4, based on the same facts or
  1 20 event that resulted in the conviction under section 707.6A,
  1 21 subsection 1 or 2.
  1 22                           EXPLANATION
  1 23    This bill addresses the penalties that may apply to a motor
  1 24 vehicle operator convicted of failing to stop and render aid
  1 25 at the scene of a motor vehicle accident.
  1 26    Under current law, the driver of a motor vehicle involved
  1 27 in an accident who fails to stop and render reasonable
  1 28 assistance, if necessary, commits a serious misdemeanor if the
  1 29 accident results in an injury to any person.  The bill
  1 30 provides that if the accident results in serious injury to a
  1 31 person, the driver who fails to stop and render aid commits an
  1 32 aggravated misdemeanor.  By definition, "serious injury"
  1 33 includes disabling mental illness; bodily injury which creates
  1 34 a substantial risk of death, serious permanent disfigurement,
  1 35 or protracted loss or impairment of the function of any bodily
  2  1 member or organ; any injury to a child that requires surgery
  2  2 under general anesthesia; and certain skeletal injuries to a
  2  3 child under four years of age.  In addition, the bill
  2  4 increases the penalty from an aggravated misdemeanor to a
  2  5 class "D" felony if the accident results in the death of a
  2  6 person.
  2  7 LSB 6033HH 81
  2  8 dea:nh/gg/14