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