House File 2207 - Introduced
HOUSE FILE
BY STRUYK, HUSER, DANDEKAR,
KRESSIG, J.K. VAN FOSSEN,
BAUDLER, GREINER, FREEMAN, RAYHONS,
DRAKE, HEATON, SODERBERG, HOFFMAN,
BOAL, SANDS, S. OLSON, JENKINS,
MAY, JACOBS, RASMUSSEN, ROBERTS,
ELGIN, J.R. VAN FOSSEN, DOLECHECK,
JONES, KURTENBACH, HORBACH,
D. OLSON, PAULSEN, MERTZ, T. TAYLOR,
BELL, SWAIM, SCHUELLER, WHITAKER,
HEDDENS, LYKAM, BERRY, WENDT,
D. TAYLOR, and GASKILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to safe motor vehicle operation, including
2 penalties for certain motor vehicle violations resulting in
3 injury or death and classroom instruction for driver education
4 courses.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5232YH 81
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PAG LIN
1 1 Section 1. Section 321.178, subsection 1, Code Supplement
1 2 2005, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. d. Instruction providing an awareness
1 4 about sharing the road with motorcycles. The instruction
1 5 course shall be first approved by the state department of
1 6 transportation. Instructional materials creating an awareness
1 7 about sharing the road with motorcycles shall also be
1 8 distributed during the course of instruction.
1 9 Sec. 2. NEW SECTION. 321.482A VIOLATIONS RESULTING IN
1 10 INJURY OR DEATH == ADDITIONAL PENALTIES.
1 11 Notwithstanding section 321.482, a person who is convicted
1 12 of operating a motor vehicle in violation of section 321.275,
1 13 subsection 4, section 321.297, 321.298, 321.299, 321.302,
1 14 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section
1 15 321.309, subsection 2, or section 321.311, 321.319, 321.320,
1 16 321.321, 321.322, 321.323, 321.323A, 321.324, 321.324A,
1 17 321.327, 321.329, or 321.333 resulting in injury to or death
1 18 of another person may be subject to the following penalties in
1 19 addition to the penalty provided for a scheduled violation in
1 20 section 805.8A or any other penalty provided by law:
1 21 1. For a violation resulting in bodily injury other than
1 22 serious bodily injury, a fine of two hundred dollars or
1 23 suspension of the violator's driver's license or operating
1 24 privileges for not more than thirty days, as provided in
1 25 section 321.210, or both.
1 26 2. For a violation resulting in serious injury, a fine of
1 27 five hundred dollars or suspension of the violator's driver's
1 28 license or operating privileges for not more than ninety days,
1 29 or both. For purposes of this subsection, "serious injury"
1 30 means a bodily injury which creates a substantial risk of
1 31 death, or which causes serious permanent disfigurement, or
1 32 which causes protracted loss or impairment of the function of
1 33 any bodily organ or major bodily member, or which causes the
1 34 loss of any bodily member.
1 35 3. For a violation resulting in death, a fine of one
2 1 thousand dollars or suspension of the violator's driver's
2 2 license or operating privileges for not more than one hundred
2 3 eighty days, or both.
2 4
2 5 EXPLANATION
2 6 This bill requires a driver education course to include
2 7 instruction about making students aware of sharing the road
2 8 with motorcycles. Under the bill, the motorcycle awareness
2 9 course shall first be approved by the state department of
2 10 transportation.
2 11 The bill also provides that motor vehicle operators who are
2 12 convicted of certain moving violations which are simple
2 13 misdemeanors punishable by scheduled fines may be subject to
2 14 additional fines and licensing sanctions if such a violation
2 15 results in injury or death. The bill applies to specified
2 16 violations that involve failure to yield or interfering with
2 17 the right=of=way of a vehicle or person. If the violation
2 18 results in injury to another person, the court may impose an
2 19 additional fine of $200 or suspension of the violator's
2 20 driver's license for up to 30 days, or both. For a violation
2 21 resulting in serious injury to another person, the court may
2 22 impose an additional fine of $500 or driver's license
2 23 suspension for up to 90 days, or both. "Serious injury" is
2 24 defined as a bodily injury which creates a substantial risk of
2 25 death, or which causes serious permanent disfigurement,
2 26 protracted loss or impairment of the function of any bodily
2 27 organ or major bodily member, or the loss of any bodily
2 28 member. For a violation which results in the death of a
2 29 person, the court may impose an additional fine of $1,000 or
2 30 driver's license suspension for up to 180 days, or both.
2 31 LSB 5232YH 81
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