House File 2197 - Introduced
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to eluding a law enforcement vehicle at high
2 speed by providing for imposition of a civil penalty against
3 the owner or the driver of a vehicle identified on film.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5662HH 81
6 dea/je/5
PAG LIN
1 1 Section 1. Section 321.279, Code 2005, is amended to read
1 2 as follows:
1 3 321.279 ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW
1 4 ENFORCEMENT VEHICLE.
1 5 1. The driver of a motor vehicle commits a serious
1 6 misdemeanor if the driver willfully fails to bring the motor
1 7 vehicle to a stop or otherwise eludes or attempts to elude a
1 8 marked official law enforcement vehicle driven by a uniformed
1 9 peace officer after being given a visual and audible signal to
1 10 stop. The signal given by the peace officer shall be by
1 11 flashing red light, or by flashing red and blue lights, and
1 12 siren. For purposes of this section, "peace officer" means
1 13 those officers designated under section 801.4, subsection 11,
1 14 paragraphs "a", "b", "c", "g", and "h".
1 15 2. The driver of a motor vehicle commits an aggravated
1 16 misdemeanor if the driver willfully fails to bring the motor
1 17 vehicle to a stop or otherwise eludes or attempts to elude a
1 18 marked official law enforcement vehicle that is driven by a
1 19 uniformed peace officer after being given a visual and audible
1 20 signal as provided in this section and in doing so exceeds the
1 21 speed limit by twenty=five miles per hour or more.
1 22 3. The driver of a motor vehicle commits a class "D"
1 23 felony if the driver willfully fails to bring the motor
1 24 vehicle to a stop or otherwise eludes or attempts to elude a
1 25 marked official law enforcement vehicle that is driven by a
1 26 uniformed peace officer after being given a visual and audible
1 27 signal as provided in this section, and in doing so exceeds
1 28 the speed limit by twenty=five miles per hour or more, and if
1 29 any of the following occurs:
1 30 a. The driver is participating in a public offense, as
1 31 defined in section 702.13, that is a felony.
1 32 b. The driver is in violation of section 321J.2 or
1 33 124.401.
1 34 c. The offense results in bodily injury to a person other
1 35 than the driver.
2 1 4. a. If the driver of a motor vehicle willfully fails to
2 2 bring the motor vehicle to a stop or otherwise eludes or
2 3 attempts to elude a marked official law enforcement vehicle
2 4 that is driven by a uniformed peace officer after being given
2 5 a visual and audible signal as provided in this section, and
2 6 in doing so exceeds the speed limit by twenty=five miles per
2 7 hour or more, and the vehicle and the registration plate
2 8 number of the vehicle can be identified by a photograph or
2 9 video recording of the incident that was produced using camera
2 10 equipment carried in a law enforcement vehicle, the driver of
2 11 the vehicle involved in the violation may be assessed a civil
2 12 penalty of up to ten thousand dollars. If the driver of the
2 13 vehicle is unknown, the peace officer investigating the
2 14 incident shall contact the owner of the motor vehicle
2 15 identified by the photograph or video recording and request
2 16 that the owner supply information identifying the person who
2 17 was driving the vehicle at the time the violation occurred in
2 18 accordance with section 321.484. If, following the
2 19 investigation, the investigating peace officer is unable to
2 20 identify the driver of the vehicle, the owner of the vehicle
2 21 may be assessed a civil penalty of up to ten thousand dollars.
2 22 The assessment of a civil penalty under this subsection is in
2 23 addition to any criminal penalty that may be imposed upon
2 24 conviction of a person for a violation of this section.
2 25 b. A photograph or video recording produced by a peace
2 26 officer that identifies a vehicle used to elude or attempt to
2 27 elude a peace officer while exceeding the speed limit by
2 28 twenty=five miles per hour or more is a public record that
2 29 shall be made available for viewing electronically or during
2 30 the law enforcement agency's regular business hours.
2 31 c. All moneys collected from a civil penalty imposed by a
2 32 city or county or the state pursuant to this subsection shall
2 33 be retained by the city, county, or state, respectively. The
2 34 civil penalty shall be collected and distributed by the clerk
2 35 of the district court as provided in section 602.8105,
3 1 subsection 5.
3 2 5. For purposes of this section, the following definitions
3 3 apply:
3 4 a. "Owner" means a person who holds the legal title to a
3 5 motor vehicle; however, if the motor vehicle is the subject of
3 6 a security agreement with a right of possession in the debtor,
3 7 the debtor shall be deemed the owner for purposes of this
3 8 subsection, or if the motor vehicle is leased as defined in
3 9 section 321.493, the lessee shall be deemed the owner for
3 10 purposes of this section.
3 11 b. "Peace officer" means those officers designated under
3 12 section 801.4, subsection 11, paragraphs "a", "b", "c", "g",
3 13 and "h".
3 14 Sec. 2. Section 321.484, unnumbered paragraph 3, Code
3 15 Supplement 2005, is amended to read as follows:
3 16 If a peace officer as defined in section 801.4 has
3 17 reasonable cause to believe the driver of a motor vehicle has
3 18 violated section 321.261, 321.262, 321.264, 321.279, 321.341,
3 19 321.342, 321.343, 321.344, or 321.372, the officer may request
3 20 any owner of the motor vehicle to supply information
3 21 identifying the driver. When requested, the owner of the
3 22 vehicle shall identify the driver to the best of the owner's
3 23 ability. However, the owner of the vehicle is not required to
3 24 supply identification information to the officer if the owner
3 25 believes the information is self=incriminating.
3 26 Sec. 3. Section 602.8105, Code Supplement 2005, is amended
3 27 by adding the following new subsection:
3 28 NEW SUBSECTION. 5. The clerk of the district court shall
3 29 collect a civil penalty assessed against the driver or owner
3 30 of a motor vehicle pursuant to section 321.279, subsection 4.
3 31 Any moneys collected from the civil penalty shall be
3 32 distributed to the state or the city or county that brought
3 33 the civil action against the driver or owner under section
3 34 321.279, subsection 4.
3 35 EXPLANATION
4 1 This bill allows the imposition of a civil penalty of up to
4 2 $10,000 on the driver of a vehicle who eludes or attempts to
4 3 elude a law enforcement vehicle while exceeding the speed
4 4 limit by 25 miles per hour or more, if the vehicle can be
4 5 identified from a photograph or recording of the incident
4 6 produced by camera equipment carried in a law enforcement
4 7 vehicle. In addition, if the driver of the vehicle is
4 8 unknown, the owner of the vehicle depicted in the film is
4 9 subject to a civil penalty of up to $10,000 if the owner fails
4 10 to identify the person who was driving the vehicle at the time
4 11 the violation occurred. The photograph or video recording is
4 12 a public record that shall be available for viewing
4 13 electronically or at the law enforcement agency.
4 14 The bill provides that the assessment of a civil penalty
4 15 against the driver or owner of a vehicle involved in a
4 16 violation that is recorded on film does not preclude the
4 17 imposition of a criminal penalty upon a driver convicted for
4 18 eluding or attempting to elude a peace officer. Moneys
4 19 collected from a civil penalty imposed for eluding a peace
4 20 officer are to be distributed by the clerk of court to the
4 21 state or the city or county responsible for the civil action
4 22 against the driver or owner of the vehicle.
4 23 LSB 5662HH 81
4 24 dea:nh/je/5