House File 338 - Introduced HOUSE FILE 338 BY KAUFMANN A BILL FOR An Act relating to the criminal offense of homicide by vehicle 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2114HT (1) 84 jm/rj
H.F. 338 Section 1. Section 707.6A, subsection 2, paragraph a, Code 1 2011, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 a. Driving a motor vehicle while committing an offense 4 listed in section 321.482A, if the death of another person 5 either directly or indirectly results from the commission of 6 the offense listed in section 321.482A. 7 EXPLANATION 8 This bill relates to the criminal offense of homicide by 9 vehicle. 10 The bill strikes a provision specifying that an operator of 11 a motor vehicle commits homicide by vehicle if the operator 12 drives a motor vehicle in a reckless manner with willful or 13 wanton disregard for the safety of persons or property and 14 unintentionally causes the death of another. 15 The bill substitutes for the stricken provision a provision 16 that specifies that an operator of a motor vehicle commits 17 homicide by vehicle if the operator drives a motor vehicle 18 while committing an offense listed in Code section 321.482A 19 and the unintentional death of another person directly or 20 indirectly results from the commission of the offense listed 21 in Code section 321.482A. The offenses listed in Code section 22 321.482A include Code sections 321.178(2)(a)(2) (restricted 23 licensee using an electronic communication), 321.180B(6) 24 (use of electronic devices and equipment), 321.194(1)(c) 25 (special minor’s licenses and use of electronic communication), 26 321.256 (obedience to official traffic-control devices), 27 321.257 (official traffic-control signal), 321.275(4) (use 28 of traffic lanes), 321.276 (use of electronic communication 29 device while driving), 321.297 (driving on right-hand side 30 of roadway), 321.298 (meeting and turning to right), 321.299 31 (overtaking on the right), 321.302 (overtaking and passing), 32 321.303 (limitations on overtaking on the left), 321.304 33 (prohibited passing), 321.305 (one-way roadways and rotary 34 traffic islands), 321.306 (roadways laned for traffic), 321.307 35 -1- LSB 2114HT (1) 84 jm/rj 1/ 2
H.F. 338 (following too closely), 321.308 (motor trucks and towed 1 vehicles), 321.309(2) (towing —— convoys), 321.311 (turning at 2 intersections), 321.319 (entering intersections from different 3 highways), 321.320 (left turns —— yielding), 321.321 (entering 4 through highways), 321.322 (vehicles entering stop or yield 5 intersection), 321.323 (moving vehicle backward on highway), 6 321.323A (approaching certain stationary vehicles), 321.324 7 (operation on approach of emergency vehicles), 321.324A 8 (funeral processions), 321.327 (pedestrians’ right-of-way), 9 321.329 (duty of driver —— pedestrians crossing or working 10 on highways), or 321.333 (duty of drivers regarding blind 11 pedestrians). 12 A person who violates the bill commits a class “C” felony and 13 is subject to suspension of the person’s driver’s license under 14 Code section 321.210D upon being charged, and is subject to 15 mandatory revocation of the driver’s license under Code section 16 321.209 upon conviction. 17 A person who commits vehicular homicide under the bill 18 is also subject to a 70 percent sentence pursuant to Code 19 section 902.12 if the person leaves the scene of an accident in 20 violation of Code section 321.261(4). 21 A class “C” felony is punishable by confinement for no more 22 than 10 years and a fine of at least $1,000 but not more than 23 $10,000. 24 -2- LSB 2114HT (1) 84 jm/rj 2/ 2