Senate
Study
Bill
3107
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
KREIMAN)
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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_____
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
endangers
15
the
safety
or
property
of
another
driver
of
a
motor
vehicle,
16
pedestrian,
bicyclist,
or
real
property
owner
or
lessee,
other
17
than
a
peace
officer
acting
within
the
official
capacity
of
the
18
officer.
19
Sec.
2.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
20
3,
shall
not
apply
to
this
Act.
21
EXPLANATION
22
This
bill
relates
to
eluding
or
attempting
to
elude
a
marked
23
law
enforcement
vehicle.
24
The
bill
provides
that
a
driver
of
a
motor
vehicle
commits
an
25
aggravated
misdemeanor
if
the
driver
willfully
fails
to
bring
26
the
motor
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
27
elude
a
marked
official
law
enforcement
vehicle
that
is
driven
28
by
a
uniformed
peace
officer
after
being
given
a
visual
and
29
audible
signal
and
in
doing
so
endangers
the
safety
or
property
30
of
another
driver
of
a
motor
vehicle,
pedestrian,
bicyclist,
31
or
real
property
owner
or
lessee,
other
than
a
peace
officer
32
acting
within
the
official
capacity
of
the
officer.
33
An
aggravated
misdemeanor
is
punishable
by
confinement
for
34
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
35
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than
$6,250.
1
The
bill
may
include
a
state
mandate
as
defined
in
Code
2
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
3
subsection
3,
which
would
relieve
a
political
subdivision
from
4
complying
with
a
state
mandate
if
funding
for
the
cost
of
5
the
state
mandate
is
not
provided
or
specified.
Therefore,
6
political
subdivisions
are
required
to
comply
with
any
state
7
mandate
included
in
the
bill.
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