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 enforcement vehicle, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.279, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  The driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more.
   b.  The driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so knowingly endangers the safety or property of another driver of a motor vehicle, pedestrian, bicyclist, or real property owner or lessee.
    Sec. 2.  Section 321.279, subsection 3, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The driver of a motor vehicle commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section, and in doing so exceeds the speed limit by twenty-five miles per hour or more, and if
 
or knowingly endangers the safety or property of another driver of a motor vehicle, pedestrian, bicyclist, or real property owner or lessee, and any of the following occurs:
EXPLANATION
   This bill relates to eluding or attempting to elude a marked law enforcement vehicle.
   The bill provides that a driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal and in doing so knowingly endangers the safety or property of another driver of a motor vehicle, pedestrian, bicyclist, or real property owner or lessee.
   The bill provides that a person commits a class “D” felony if the driver commits the aforementioned aggravated misdemeanor described in the bill and any of the following occurs: the driver is participating in a felony; the driver is in violation of Code section 321J.2 or 124.401; or the offense results in bodily injury to a person other than the driver. 
   Current law provides that eluding or attempting to elude is punishable as a serious misdemeanor if the driver fails to stop for a marked official law enforcement vehicle; an aggravated misdemeanor if the driver fails to stop for a marked official law enforcement vehicle and exceeds the speed limit by more than 25 miles per hour; and a class “D” felony if the driver fails to stop for a marked official law enforcement vehicle, exceeds the speed limit by more than 25 miles per hour, and the driver is participating in a felony, the driver is in violation of Code section 321J.2 or 124.401, or the offense results in bodily injury to a person other than the driver.
   A person convicted of eluding or attempting to elude in violation of Code section 321.279 shall have the driver’s license of the person revoked pursuant to Code section 321.209.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.