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
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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
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(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
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