Senate
File
2198
-
Introduced
SENATE
FILE
2198
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3107)
A
BILL
FOR
An
Act
relating
to
eluding
or
attempting
to
elude
a
marked
law
1
enforcement
vehicle,
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2198
Section
1.
Section
321.279,
subsection
2,
Code
2009,
is
1
amended
to
read
as
follows:
2
2.
a.
The
driver
of
a
motor
vehicle
commits
an
aggravated
3
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
4
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
5
marked
official
law
enforcement
vehicle
that
is
driven
by
a
6
uniformed
peace
officer
after
being
given
a
visual
and
audible
7
signal
as
provided
in
this
section
and
in
doing
so
exceeds
the
8
speed
limit
by
twenty-five
miles
per
hour
or
more.
9
b.
The
driver
of
a
motor
vehicle
commits
an
aggravated
10
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
11
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
12
marked
official
law
enforcement
vehicle
that
is
driven
by
a
13
uniformed
peace
officer
after
being
given
a
visual
and
audible
14
signal
as
provided
in
this
section
and
in
doing
so
creates
15
an
immediate
risk
of
physical
injury
to
another
driver
of
a
16
motor
vehicle,
a
pedestrian,
a
bicyclist,
or
any
person
other
17
than
a
peace
officer
acting
within
the
official
capacity
of
18
the
officer,
or
causes
damage
to
personal
property
or
real
19
property.
In
order
to
be
convicted
under
this
paragraph
the
20
driver
must
also
have
committed
another
traffic
offense
under
21
this
chapter.
22
Sec.
2.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
23
3,
shall
not
apply
to
this
Act.
24
EXPLANATION
25
This
bill
relates
to
eluding
or
attempting
to
elude
a
marked
26
law
enforcement
vehicle.
27
The
bill
provides
that
a
driver
of
a
motor
vehicle
commits
an
28
aggravated
misdemeanor
if
the
driver
willfully
fails
to
bring
29
the
motor
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
30
elude
a
marked
official
law
enforcement
vehicle
that
is
driven
31
by
a
uniformed
peace
officer
after
being
given
a
visual
and
32
audible
signal
and
in
doing
so
creates
an
immediate
risk
of
33
physical
injury
to
another
person
other
than
a
peace
officer
34
acting
within
the
official
capacity
of
the
officer,
or
causes
35
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2198
damage
to
personal
property
or
real
property.
In
order
to
be
1
convicted
under
the
bill,
the
driver
must
also
have
committed
2
another
traffic
offense
under
Code
chapter
321.
3
An
aggravated
misdemeanor
is
punishable
by
confinement
for
4
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
5
than
$6,250.
6
The
bill
may
include
a
state
mandate
as
defined
in
Code
7
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
8
subsection
3,
which
would
relieve
a
political
subdivision
from
9
complying
with
a
state
mandate
if
funding
for
the
cost
of
10
the
state
mandate
is
not
provided
or
specified.
Therefore,
11
political
subdivisions
are
required
to
comply
with
any
state
12
mandate
included
in
the
bill.
13
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