House File 2400 - Introduced HOUSE FILE 2400 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 428) A BILL FOR An Act relating to reporting accidents resulting in injury or 1 death, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1736HV (3) 87 ns/rh

H.F. 2400 Section 1. Section 321.209, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. Failing to report a motor vehicle 3 accident as provided in section 321.266A. 4 Sec. 2. NEW SECTION . 321.266A Continuing duty to report 5 accidents —— injury or death. 6 1. A person operating a motor vehicle involved in a motor 7 vehicle accident who leaves the scene of the accident without 8 knowledge that the accident resulted in injury to or death 9 of another person shall give notice of the accident to the 10 sheriff of the county in which the accident occurred, or the 11 nearest office of the state patrol, or to any other peace 12 officer as near as practicable to the place where the accident 13 occurred immediately after the person obtains knowledge that 14 the accident resulted in injury to or death of another person 15 or that the accident was of such a nature that a reasonable 16 person would anticipate that the accident resulted in injury 17 to or death of another person. 18 2. A person who violates this section is guilty of one of 19 the following: 20 a. If the accident resulted in an injury to a person, a 21 serious misdemeanor. 22 b. If the accident resulted in a serious injury, as defined 23 in section 702.18, to a person, an aggravated misdemeanor. 24 c. If the accident resulted in the death of a person, a 25 class “D” felony. 26 3. A person charged with a violation of this section shall 27 not be charged with a violation of section 321.261, 321.263, or 28 321.266 based on the same set of facts and circumstances. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill requires a person operating a motor vehicle 33 involved in a motor vehicle accident who leaves the scene of 34 the accident without knowledge that the accident resulted in 35 -1- LSB 1736HV (3) 87 ns/rh 1/ 3

H.F. 2400 injury to or death of another person to give notice of the 1 accident to the sheriff of the county in which the accident 2 occurred, or the nearest office of the state patrol, or to any 3 other peace officer as near as practicable to the place where 4 the accident occurred immediately after the person obtains 5 knowledge that the accident resulted in injury to or death of 6 another person or that the accident was of such a nature that a 7 reasonable person would anticipate that the accident resulted 8 in injury to or death of another person. 9 A person who violates the provisions of the bill is guilty of 10 a serious misdemeanor if the accident resulted in an injury, an 11 aggravated misdemeanor if the accident resulted in a serious 12 injury, or a class “D” felony if the accident resulted in a 13 death. A serious misdemeanor is punishable by a fine of at 14 least $315 but not to exceed $1,875 and imprisonment not to 15 exceed one year. An aggravated misdemeanor is punishable by a 16 fine of at least $625 but not to exceed $6,250 and imprisonment 17 not to exceed two years. A class “D” felony is punishable by a 18 fine of at least $750 but not to exceed $7,500 and imprisonment 19 not to exceed five years. 20 The bill prohibits a person charged with a violation of 21 the bill from being charged with a violation of Code section 22 321.261 (accidents resulting in injury or death), 321.263 23 (information and aid —— leaving the scene of a personal injury 24 accident), or 321.266 (reporting accidents) based on the same 25 set of facts and circumstances. 26 Under current law, Code section 321.209 provides a list of 27 convictions for which a person is subject to mandatory driver’s 28 license revocation by the department of transportation (DOT), 29 including convictions for failure to stop and render aid in 30 the event of a motor vehicle accident resulting in the death 31 or personal injury of another. The bill adds convictions 32 for violations of the provisions of the bill to the list. 33 The bill requires the DOT to revoke the driver’s license or 34 operating privilege of a person who violates the provisions 35 -2- LSB 1736HV (3) 87 ns/rh 2/ 3

H.F. 2400 of the bill upon 30 days’ notice and without preliminary 1 hearing upon receiving a record of the person’s conviction 2 when such conviction has become final. By operation of law, 3 Code section 321.212 provides that the DOT shall not grant an 4 application for a new driver’s license to the person until 5 the expiration of one year after the revocation. During the 6 revocation period, the person is eligible for a temporary 7 restricted license under Code section 321.215(1). Under 8 current law, a person convicted for failure to stop and render 9 aid in the event of a motor vehicle accident resulting in the 10 death or personal injury of another is eligible for a temporary 11 restricted license under Code section 321.215(2). 12 -3- LSB 1736HV (3) 87 ns/rh 3/ 3