House File 2174 - Introduced



                                       HOUSE FILE       
                                       BY  HEDDENS


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

                                      A BILL FOR

  1 An Act imposing requirements on the driver of a motor vehicle
  2    involved in a single=vehicle accident and making a penalty
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5585HH 82
  6 dea/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.263A  ACCIDENTS INVOLVING A
  1  2 SINGLE VEHICLE.
  1  3    1.  Except as provided in subsection 2, the driver of a
  1  4 vehicle involved in an accident in which no other vehicle is
  1  5 involved and which results in injury to the driver or damage
  1  6 to the vehicle shall remain with the vehicle at the scene of
  1  7 the accident, except as necessary to seek essential aid or
  1  8 report the accident to law enforcement authorities, to allow
  1  9 an investigation of the accident by a peace officer in
  1 10 accordance with section 321.266.
  1 11    2.  If the driver of a vehicle involved in an accident in
  1 12 which no other vehicle is involved is uninjured and the
  1 13 vehicle is capable of being safely and lawfully operated on
  1 14 the highway, the driver may remove the vehicle from the scene
  1 15 of the accident and report the accident to the department if
  1 16 required pursuant to section 321.266.
  1 17    Sec. 2.  Section 321.484, subsection 2, Code Supplement
  1 18 2007, is amended to read as follows:
  1 19    2.  If a peace officer as defined in section 801.4 has
  1 20 reasonable cause to believe the driver of a motor vehicle has
  1 21 violated section 321.261, 321.262, 321.263A, 321.264, 321.341,
  1 22 321.342, 321.343, 321.344, or 321.372, the officer may request
  1 23 any owner of the motor vehicle to supply information
  1 24 identifying the driver.  When requested, the owner of the
  1 25 vehicle shall identify the driver to the best of the owner's
  1 26 ability.  However, the owner of the vehicle is not required to
  1 27 supply identification information to the officer if the owner
  1 28 believes the information is self=incriminating.
  1 29                           EXPLANATION
  1 30    This bill requires that when a single=vehicle accident
  1 31 occurs resulting in injury to the driver or damage to the
  1 32 vehicle, the driver must remain with the vehicle at the scene
  1 33 of the accident to allow an investigation of the accident by a
  1 34 peace officer.  An exception is allowed if the driver must
  1 35 leave the vehicle to seek essential aid or report the accident
  2  1 to law enforcement authorities.  Also, in the case of a minor
  2  2 accident in which the driver is not injured and the vehicle is
  2  3 capable of being safely and lawfully operated, the driver may
  2  4 remove the vehicle from the scene of the accident and report
  2  5 the accident to the department of transportation as required
  2  6 by law.  Current law requires the driver of a vehicle involved
  2  7 in an accident resulting in injury to any person or total
  2  8 property damage to an apparent extent of $1,000 or more to
  2  9 make a written report to the department within 72 hours of the
  2 10 accident unless the accident is investigated by law
  2 11 enforcement authorities.
  2 12    The bill specifies that if a peace officer has reason to
  2 13 believe that the driver of a motor vehicle left the scene of a
  2 14 single=vehicle accident in violation of the new requirements,
  2 15 the peace officer may request that the owner of a motor
  2 16 vehicle supply information identifying the driver of a motor
  2 17 vehicle.  However, the owner is not required to supply
  2 18 self=incriminating information.
  2 19    Pursuant to the provisions of Code section 321.482, failure
  2 20 to remain at the scene of a single=vehicle accident as
  2 21 required in the bill is a simple misdemeanor, punishable by
  2 22 confinement for no more than 30 days or a fine of at least $65
  2 23 but not more than $625 or by both.
  2 24 LSB 5585HH 82
  2 25 dea/nh/5