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