HOUSE FILE 161

BY  RUNNING-MARQUARDT

A BILL FOR

An Act relating to the use of unattended, unmarked law enforcement vehicles for purposes of motor vehicle law enforcement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  321.361A  Unattended law enforcement vehicles.
   1.  An unattended vehicle which is owned or operated by a state or local law enforcement agency and is positioned at a location within or adjacent to the highway right-of-way for the purpose of monitoring traffic or enforcing motor vehicle laws without the immediate presence of a peace officer, including but not limited to the enforcement of speed limits, shall be clearly identified as a law enforcement vehicle. 
   2.  This section shall not be construed to limit or prohibit the use of an unmarked law enforcement vehicle for purposes of motor vehicle law enforcement if the unmarked vehicle is operated by a peace officer or when the temporary parking of an unmarked law enforcement vehicle along a highway is incidental to the use of the vehicle by a peace officer in the performance of the peace officer’s duties.
   3.  This section is not intended to apply to or limit the lawful use of unmarked vehicles by law enforcement agencies for purposes other than motor vehicle law enforcement.
EXPLANATION
   This bill prohibits the parking of unattended, unmarked law enforcement vehicles within or adjacent to a highway right-of-way for purposes of traffic monitoring or motor vehicle law enforcement without the presence of a peace officer. The bill specifically requires that any such unattended vehicle be clearly identified as a law enforcement vehicle.
   The use of an unmarked law enforcement vehicle which is operated by a peace officer in the enforcement of motor vehicle laws is not limited or prohibited by the bill, nor is the temporary parking of an unmarked vehicle along the highway in the course of performing a peace officer’s duties.
   The bill is not intended to apply to or limit the use of unmarked law enforcement vehicles for purposes other than motor vehicle law enforcement.