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