Senate File 2013 - Introduced
SENATE FILE
BY BOLKCOM, CONNOLLY, DOTZLER,
DVORSKY, QUIRMBACH, APPEL,
McCOY, and KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating additional penalties for certain traffic offenses
2 which result in serious injury or death to vulnerable users of
3 roadways.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5048SS 82
6 md/rj/5
PAG LIN
1 1 Section 1. Section 321.1, Code 2007, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 93A. "Vulnerable user" means a
1 4 pedestrian, highway worker, person riding an animal, or person
1 5 operating any of the following on a roadway, sidewalk,
1 6 crosswalk, intersection, or shoulder of the highway:
1 7 a. A farm tractor or implement of husbandry without an
1 8 enclosed shell.
1 9 b. A skateboard.
1 10 c. Roller skates.
1 11 d. In=line skates.
1 12 e. A scooter.
1 13 f. A bicycle.
1 14 Sec. 2. Section 321.277, Code 2007, is amended to read as
1 15 follows:
1 16 321.277 RECKLESS DRIVING.
1 17 Any person who drives any vehicle in such manner as to
1 18 indicate either a willful or a wanton disregard for the safety
1 19 of persons or property is guilty of reckless driving.
1 20 Every person convicted of reckless driving shall be guilty
1 21 of a simple misdemeanor. A person in violation of this
1 22 section and involving the serious injury or death of a
1 23 vulnerable user may also be subject to the penalties under
1 24 section 321.482B.
1 25 Sec. 3. Section 321.277A, Code 2007, is amended to read as
1 26 follows:
1 27 321.277A CARELESS DRIVING.
1 28 1. A person commits careless driving if the person
1 29 intentionally operates a motor vehicle on a public road or
1 30 highway in any one of the following ways:
1 31 1. a. Creates or causes unnecessary tire squealing,
1 32 skidding, or sliding upon acceleration or stopping.
1 33 2. b. Simulates a temporary race.
1 34 3. c. Causes any wheel or wheels to unnecessarily lose
1 35 contact with the ground.
2 1 4. d. Causes the vehicle to unnecessarily turn abruptly
2 2 or sway.
2 3 2. A person in violation of this section and involving the
2 4 serious injury or death of a vulnerable user may also be
2 5 subject to the penalties under section 321.482B.
2 6 Sec. 4. Section 321.278, unnumbered paragraph 1, Code
2 7 2007, is amended to read as follows:
2 8 No A person shall not engage in any motor vehicle speed
2 9 contest or exhibition of speed on any street or highway of
2 10 this state and no a person shall not aid or abet any motor
2 11 vehicle speed contest or speed exhibition on any street or
2 12 highway of this state, except that a passenger shall not be
2 13 considered as aiding and abetting. Motor vehicle speed
2 14 contest or exhibition of speed are defined as one or more
2 15 persons competing in speed in excess of the applicable speed
2 16 limit in vehicles on the public streets or highways. A person
2 17 in violation of this section and involving the serious injury
2 18 or death of a vulnerable user may also be subject to the
2 19 penalties under section 321.482B.
2 20 Sec. 5. Section 321.279, Code 2007, is amended by adding
2 21 the following new subsection:
2 22 NEW SUBSECTION. 4. A person in violation of this section
2 23 and involving the serious injury or death of a vulnerable user
2 24 may also be subject to the penalties under section 321.482B.
2 25 Sec. 6. NEW SECTION. 321.482B VIOLATIONS RESULTING IN
2 26 SERIOUS INJURY OR DEATH OF VULNERABLE USERS == ADDITIONAL
2 27 PENALTIES.
2 28 1. Notwithstanding section 321.482, a person who is
2 29 convicted of operating a motor vehicle in violation of section
2 30 321.277, 321.277A, subsection 1, section 321.278, or 321.279
2 31 shall be subject to the penalties under subsection 2 in
2 32 addition to any other penalty provided by law.
2 33 2. If the court determines that the violation described in
2 34 subsection 1 contributed to the serious injury, as defined in
2 35 section 702.18, or death of a vulnerable user of a roadway,
3 1 the court shall:
3 2 a. Impose a sentence that requires the person to do all of
3 3 the following:
3 4 (1) Complete a traffic safety course approved by the
3 5 department.
3 6 (2) Perform at least one hundred, but no more than two
3 7 hundred hours of community service. The community service
3 8 must include activities related to driver improvement or
3 9 traffic safety.
3 10 b. Impose, but suspend on the condition that the person
3 11 complete the requirements of subsection 1, all of the
3 12 following:
3 13 (1) A fine of no more than twelve thousand five hundred
3 14 dollars.
3 15 (2) A suspension of driving privileges for one year.
3 16 c. Set a hearing date at least one year but no more than
3 17 fourteen months from the date of sentencing.
3 18 d. At the hearing described in paragraph "c", the court
3 19 shall do one of the following:
3 20 (1) If the person has successfully completed the
3 21 requirements described in paragraph "a", dismiss the penalties
3 22 imposed under paragraph "b".
3 23 (2) If the person has not successfully completed the
3 24 requirements described in paragraph "a", do one of the
3 25 following:
3 26 (a) Grant the person an extension of time to complete the
3 27 requirements based on good cause shown.
3 28 (b) Impose the penalties under paragraph "b".
3 29 3. The department shall make available to the public a
3 30 list of approved traffic safety courses available to fulfill
3 31 the requirements of subsection 2, paragraph "a", subparagraph
3 32 (1).
3 33 Sec. 7. Section 805.8A, subsection 6, paragraph b, Code
3 34 2007, is amended to read as follows:
3 35 b. For violations under section 321.275, subsections 1
4 1 through 7, sections section 321.277A, subsection 1, sections
4 2 321.315, 321.316, 321.318, 321.363, and 321.365, the scheduled
4 3 fine is twenty=five dollars.
4 4 EXPLANATION
4 5 This bill creates additional penalties for persons
4 6 convicted of reckless driving, careless driving, drag racing,
4 7 or eluding law enforcement vehicles when the offense
4 8 contributes to the serious injury or death of a vulnerable
4 9 user. The bill defines "vulnerable user" as a pedestrian,
4 10 highway worker, person riding an animal, or person operating a
4 11 farm tractor or implement of husbandry without an enclosed
4 12 shell, a skateboard, roller skates, in=line skates, a scooter,
4 13 or a bicycle on a roadway, sidewalk, crosswalk, intersection,
4 14 or shoulder of the highway.
4 15 If the court determines that a specified violation
4 16 involving the serious injury or death of a vulnerable user has
4 17 occurred, it shall impose a sentence that requires the person
4 18 to complete a traffic safety course and perform between 100
4 19 and 200 hours of community service. The community service
4 20 must include activities related to driver improvement or
4 21 traffic safety. The court shall also impose, but suspend, a
4 22 sentence which includes a fine of up to $12,500 and a
4 23 suspension of driving privileges for one year.
4 24 At a court hearing one year but no more than 14 months
4 25 after the date of sentencing, the court shall determine if the
4 26 person has completed the traffic safety course and the
4 27 required community service. If the person has successfully
4 28 completed the traffic safety course and community service the
4 29 court shall dismiss the suspended fine and license suspension.
4 30 If the court determines that the requirements have not been
4 31 met, it shall impose the fine and one=year license suspension,
4 32 unless good cause for an extension of time to complete the
4 33 requirements has been shown.
4 34 The bill also requires the department of transportation to
4 35 create a list of approved traffic safety courses available to
5 1 fulfill the requirements of new Code section 321.482B.
5 2 LSB 5048SS 82
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