House File 2430 - Introduced HOUSE FILE 2430 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2150) A BILL FOR An Act relating to unintentionally causing the death of a 1 person by operating a motor vehicle at an excessive speed, 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5891HV (2) 87 ns/rh
H.F. 2430 Section 1. Section 707.6A, subsection 2, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Exceeding a speed limit established or 3 posted pursuant to section 321.236, subsection 13, paragraph 4 “a” , section 321.285, section 321.288, subsection 2, paragraph 5 “f” , or section 321.289, 321.290, 321.293, or 321.295, by 6 twenty-five miles per hour or more, if the death of the other 7 person directly or indirectly results from the violation. 8 This paragraph shall not apply to a member of a public safety 9 agency, as defined in section 34.1, performing official duties. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides that a person commits a class “C” felony 14 when the person unintentionally causes the death of another by 15 exceeding a speed limit established or posted pursuant to Code 16 section 321.236, subsection 13, paragraph “a” (powers of local 17 authorities to regulate speed in rural residence districts), 18 Code section 321.285 (general speed restrictions), Code 19 section 321.288, subsection 2, paragraph “f” (reduced speed 20 in road work zones), or Code section 321.289 (speed signs), 21 321.290 (special restrictions), 321.293 (local authorities may 22 alter limits), or 321.295 (limitation on bridge or elevated 23 structures), by 25 miles per hour or more, if the death of the 24 other person directly or indirectly results from the violation. 25 A class “C” felony is punishable by imprisonment for no more 26 than 10 years and a fine of at least $1,000 but not more than 27 $10,000. The bill exempts members of a public safety agency 28 performing official duties from the provision. 29 By operation of law, a person who commits a violation 30 under the bill is subject to driver’s license suspension for 31 vehicular homicide (Code section 321.210D) and is disqualified 32 from operating a commercial motor vehicle for one year (Code 33 section 321.208). In addition, the person is prohibited from 34 being admitted to bail during the appeal process (Code section 35 -1- LSB 5891HV (2) 87 ns/rh 1/ 2
H.F. 2430 811.1). If the person fails to remain at the scene of the 1 accident in violation of Code section 321.261, the person 2 must also be denied parole or work release until the person 3 has served at least seven-tenths of the maximum term of the 4 person’s sentence (Code section 902.12). 5 -2- LSB 5891HV (2) 87 ns/rh 2/ 2