House File 753 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act providing criminal penalties for a vessel operator who
  2    willfully eludes or attempts to elude an authorized marked law
  3    enforcement vessel.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2437HH 82
  6 av/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  462A.34B  ELUDING OR ATTEMPTING
  1  2 TO ELUDE PURSUING LAW ENFORCEMENT VESSEL == PENALTY.
  1  3    1.  The operator of a vessel commits a serious misdemeanor
  1  4 if the operator willfully fails to bring the vessel to a stop
  1  5 or otherwise eludes or attempts to elude an authorized marked
  1  6 law enforcement vessel operated by a uniformed peace officer
  1  7 or by a water patrol officer of the department of natural
  1  8 resources, after being given a visual and audible signal to
  1  9 stop.  The signals given by the officer shall be by displaying
  1 10 a blue light or flashing blue and red lights and by sounding a
  1 11 horn or siren.
  1 12    2.  The operator of a vessel commits an aggravated
  1 13 misdemeanor if the operator willfully fails to bring the
  1 14 vessel to a stop or otherwise eludes or attempts to elude an
  1 15 authorized marked law enforcement vessel operated by a
  1 16 uniformed peace officer or by a water patrol officer of the
  1 17 department of natural resources, after being given a visual
  1 18 and audible signal to stop as provided in this section and in
  1 19 doing so exceeds a reasonable speed.
  1 20    3.  The operator of a vessel commits a class "D" felony if
  1 21 the operator willfully fails to bring the vessel to a stop or
  1 22 otherwise eludes or attempts to elude an authorized marked law
  1 23 enforcement vessel operated by a uniformed peace officer or by
  1 24 a water patrol officer of the department of natural resources,
  1 25 after being given a visual and audible signal to stop as
  1 26 provided in this section, and in doing so exceeds a reasonable
  1 27 speed, and if any of the following occurs:
  1 28    a.  The operator is participating in a public offense, as
  1 29 defined in section 702.13, that is a felony.
  1 30    b.  The operator is in violation of section 462A.14 or
  1 31 124.401.
  1 32    c.  The offense results in bodily injury to a person other
  1 33 than the operator.
  1 34                           EXPLANATION
  1 35    This bill makes the act of eluding or attempting to elude a
  2  1 pursuing law enforcement vessel by the operator of another
  2  2 vessel a crime.
  2  3    The bill provides that the operator of a vessel commits a
  2  4 serious misdemeanor if the operator willfully fails to bring
  2  5 the vessel to a stop or otherwise eludes or attempts to elude
  2  6 an authorized marked law enforcement vessel operated by a
  2  7 uniformed peace officer or by a water patrol officer of the
  2  8 department of natural resources after being given a visual and
  2  9 audible signal to stop.  The signals required to be given by
  2 10 the officer are displaying a blue light or flashing blue and
  2 11 red lights and sounding a horn or siren.  A serious
  2 12 misdemeanor is punishable by confinement for no more than one
  2 13 year and a fine of at least $315 but not more than $1,875.
  2 14    The bill provides that the operator of a vessel commits an
  2 15 aggravated misdemeanor in such a situation if in doing so the
  2 16 operator exceeds a reasonable speed.  An aggravated
  2 17 misdemeanor is punishable by confinement for no more than two
  2 18 years and a fine of at least $625 but not more than $6,250.
  2 19    The bill provides that the operator of a vessel commits a
  2 20 class "D" felony in such a situation if in doing so the
  2 21 operator exceeds a reasonable speed and any of the following
  2 22 occurs:  the operator is participating in a public offense, as
  2 23 such participation is defined in Code section 702.13, that is
  2 24 a felony; the operator is operating a motorboat or sailboat
  2 25 while intoxicated in violation of Code section 462A.14 or is
  2 26 committing prohibited acts involving controlled substances in
  2 27 violation of Code section 124.401; or the operator's violation
  2 28 of the section results in bodily injury to a person other than
  2 29 the operator.  A class "D" felony is punishable by confinement
  2 30 for no more than five years and a fine of at least $750 but
  2 31 not more than $7,500.
  2 32 LSB 2437HH 82
  2 33 av:nh/es/88