House Study Bill 576 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to attempting to elude or eluding a marked law 1 enforcement vehicle, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6010HC (2) 84 jm/nh

H.F. _____ Section 1. Section 321.279, subsection 2, Code 2011, 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 knowingly 15 endangers the safety or property of another driver of a motor 16 vehicle, pedestrian, bicyclist, or real property owner or 17 lessee. 18 Sec. 2. Section 321.279, subsection 3, unnumbered paragraph 19 1, Code 2011, is amended to read as follows: 20 The driver of a motor vehicle commits a class “D” felony if 21 the driver willfully fails to bring the motor vehicle to a stop 22 or otherwise eludes or attempts to elude a marked official law 23 enforcement vehicle that is driven by a uniformed peace officer 24 after being given a visual and audible signal as provided 25 in this section , and in doing so exceeds the speed limit 26 by twenty-five miles per hour or more , and if or knowingly 27 endangers the safety or property of another driver of a motor 28 vehicle, pedestrian, bicyclist, or real property owner or 29 lessee, and any of the following occurs: 30 EXPLANATION 31 This bill relates to eluding or attempting to elude a marked 32 law enforcement vehicle. 33 The bill provides that a driver of a motor vehicle commits an 34 aggravated misdemeanor if the driver willfully fails to bring 35 -1- LSB 6010HC (2) 84 jm/nh 1/ 2

H.F. _____ the motor vehicle to a stop or otherwise eludes or attempts to 1 elude a marked official law enforcement vehicle that is driven 2 by a uniformed peace officer after being given a visual and 3 audible signal and in doing so knowingly endangers the safety 4 or property of another driver of a motor vehicle, pedestrian, 5 bicyclist, or real property owner or lessee. 6 The bill provides that a person commits a class “D” felony if 7 the driver commits the aforementioned aggravated misdemeanor 8 described in the bill and any of the following occurs: the 9 driver is participating in a felony; the driver is in violation 10 of Code section 321J.2 or 124.401; or the offense results in 11 bodily injury to a person other than the driver. 12 Current law provides that eluding or attempting to elude is 13 punishable as a serious misdemeanor if the driver fails to stop 14 for a marked official law enforcement vehicle; an aggravated 15 misdemeanor if the driver fails to stop for a marked official 16 law enforcement vehicle and exceeds the speed limit by more 17 than 25 miles per hour; and a class “D” felony if the driver 18 fails to stop for a marked official law enforcement vehicle, 19 exceeds the speed limit by more than 25 miles per hour, and the 20 driver is participating in a felony, the driver is in violation 21 of Code section 321J.2 or 124.401, or the offense results in 22 bodily injury to a person other than the driver. 23 A person convicted of eluding or attempting to elude in 24 violation of Code section 321.279 shall have the driver’s 25 license of the person revoked pursuant to Code section 321.209. 26 A serious misdemeanor is punishable by confinement for no 27 more than one year and a fine of at least $315 but not more than 28 $1,875. An aggravated misdemeanor is punishable by confinement 29 for no more than two years and a fine of at least $625 but 30 not more than $6,250. A class “D” felony is punishable by 31 confinement for no more than five years and a fine of at least 32 $750 but not more than $7,500. 33 -2- LSB 6010HC (2) 84 jm/nh 2/ 2