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: 1 113.4. 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 ofan aggravated misdemeanora 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, subsection34, 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