House File 488 - Introduced



                                       HOUSE FILE       
                                       BY  BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to penalties for certain motor vehicle violations
  2    resulting in injury or death.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2606HH 81
  5 dea/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.482A  VIOLATIONS RESULTING IN
  1  2 INJURY OR DEATH == ADDITIONAL PENALTIES.
  1  3    Notwithstanding section 321.482, a person who is convicted
  1  4 of operating a motor vehicle in violation of section 321.275,
  1  5 subsection 4, section 321.297, 321.298, 321.299, 321.302,
  1  6 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section
  1  7 321.309, subsection 2, or section 321.311, 321.319, 321.320,
  1  8 321.321, 321.322, 321.323, 321.323A, 321.324, 321.324A,
  1  9 321.327, 321.329, or 321.333 resulting in injury to or death
  1 10 of another person may be subject to the following penalties in
  1 11 addition to the penalty provided for a scheduled violation in
  1 12 section 805.8A or any other penalty provided by law:
  1 13    1.  For a violation resulting in bodily injury other than
  1 14 serious bodily injury, a fine of two hundred dollars or
  1 15 suspension of the violator's driver's license or operating
  1 16 privileges for not more than thirty days, as provided in
  1 17 section 321.210, or both.
  1 18    2.  For a violation resulting in serious injury, a fine of
  1 19 five hundred dollars or suspension of the violator's driver's
  1 20 license or operating privileges for not more than ninety days,
  1 21 or both.  For purposes of this subsection, "serious injury"
  1 22 means a bodily injury which creates a substantial risk of
  1 23 death, or which causes serious permanent disfigurement, or
  1 24 which causes protracted loss or impairment of the function of
  1 25 any bodily organ or major bodily member, or which causes the
  1 26 loss of any bodily member.
  1 27    3.  For a violation resulting in death, a fine of one
  1 28 thousand dollars or suspension of the violator's driver's
  1 29 license or operating privileges for not more than one hundred
  1 30 eighty days, or both.
  1 31                           EXPLANATION
  1 32    This bill provides that motor vehicle operators who are
  1 33 convicted of certain moving violations which are simple
  1 34 misdemeanors punishable by scheduled fines may be subject to
  1 35 additional fines and licensing sanctions if such a violation
  2  1 results in injury or death.  The bill applies to specified
  2  2 violations that involve failure to yield or interfering with
  2  3 the right=of=way of a vehicle or person.  If the violation
  2  4 results in injury to another person, the court may impose an
  2  5 additional fine of $200 or suspension of the violator's
  2  6 driver's license for up to 30 days, or both.  For a violation
  2  7 resulting in serious injury to another person, the court may
  2  8 impose an additional fine of $500 or driver's license
  2  9 suspension for up to 90 days, or both.  "Serious injury" is
  2 10 defined as a bodily injury which creates a substantial risk of
  2 11 death, or which causes serious permanent disfigurement,
  2 12 protracted loss or impairment of the function of any bodily
  2 13 organ or major bodily member, or the loss of any bodily
  2 14 member.  For a violation which results in the death of a
  2 15 person, the court may impose an additional fine of $1,000 or
  2 16 driver's license suspension for up to 180 days, or both.
  2 17 LSB 2606HH 81
  2 18 dea:nh/pj/5