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