House File 2612 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL RESOURCES
(SUCCESSOR TO HF 2249)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing criminal penalties for the failure of a vessel
2 operator to offer assistance and information at the scene of a
3 collision, accident, or casualty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5885HV 81
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PAG LIN
1 1 Section 1. Section 462A.7, subsection 5, Code 2005, is
1 2 amended to read as follows:
1 3 5. Failure of the operator of any vessel involved in a
1 4 collision, reportable accident, or other casualty, to offer
1 5 assistance and aid to other persons affected by such
1 6 collision, accident, or casualty, as set forth in this
1 7 chapter, shall constitute a serious misdemeanor or to
1 8 otherwise comply with the requirements of subsection 1, is
1 9 punishable as follows:
1 10 a. In the event of a collision, accident, or other
1 11 casualty resulting only in property damage, the operator is
1 12 guilty upon conviction of a serious misdemeanor.
1 13 b. In the event of a collision, accident, or other
1 14 casualty resulting in an injury to a person, the operator is
1 15 guilty upon conviction of an aggravated misdemeanor.
1 16 c. In the event of a collision, accident, or other
1 17 casualty resulting in the death of a person, the operator is
1 18 guilty upon conviction of a class "D" felony.
1 19 EXPLANATION
1 20 This bill provides criminal penalties for the failure of a
1 21 vessel operator to offer assistance and information at the
1 22 scene of a collision, accident, or casualty involving the
1 23 vessel.
1 24 Under Code section 462A.7, an operator of a vessel that is
1 25 involved in a collision, accident, or other casualty is
1 26 required to, so far as is possible without serious danger to
1 27 the operator's own vessel, crew, or passengers, render such
1 28 assistance to other persons affected by the incident as is
1 29 practicable and necessary, and to give the operator's name,
1 30 address, and identification of the operator's vessel to any
1 31 person injured and to the owner of any property damaged in the
1 32 incident.
1 33 The bill provides for increasingly severe penalties based
1 34 upon what damage or injury results from the collision,
1 35 accident, or casualty.
2 1 If the vessel operator fails to offer assistance and
2 2 information when the incident results only in property damage,
2 3 the operator is guilty upon conviction of a serious
2 4 misdemeanor. A serious misdemeanor is punishable by
2 5 confinement for no more than one year and a fine of at least
2 6 $250 but not more than $1,500.
2 7 If the vessel operator fails to offer assistance and
2 8 information when the incident results in an injury to a
2 9 person, the operator is guilty upon conviction of an
2 10 aggravated misdemeanor. An aggravated misdemeanor is
2 11 punishable by confinement for no more than two years and a
2 12 fine of at least $500 but not more than $5,000.
2 13 If the vessel operator fails to offer assistance and
2 14 information when the incident results in the death of a
2 15 person, the operator is guilty upon conviction of a class "D"
2 16 felony. A class "D" felony is punishable by confinement for
2 17 no more than five years and a fine of at least $750 but not
2 18 more than $7,500.
2 19 Currently, the operator of any vessel involved in a
2 20 collision, reportable accident (property damage exceeding
2 21 $500), or other casualty, who fails to offer assistance and
2 22 aid to other persons affected by such collision, accident, or
2 23 casualty, is guilty upon conviction of a serious misdemeanor.
2 24 LSB 5885HV 81
2 25 av:nh/je/5