House File 34 - Introduced HOUSE FILE 34 BY KRESSIG A BILL FOR An Act concerning motor vehicle-related violations that result 1 in serious injury or death and are committed while the 2 operator has a denied, canceled, suspended, revoked, or 3 barred driver’s license, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1814YH (2) 87 ns/nh

H.F. 34 Section 1. NEW SECTION . 321.482B Violations committed while 1 operating without valid driver’s license —— serious injury or 2 death —— penalty. 3 1. In addition to any other penalty provided by law, a 4 person who operates a motor vehicle while the person’s driver’s 5 license or operating privilege is denied, canceled, suspended, 6 revoked, or barred and who commits a moving violation during 7 such operation that results in serious injury, as defined 8 in section 702.18, to another person is guilty of a serious 9 misdemeanor. 10 2. In addition to any other penalty provided by law, a 11 person who operates a motor vehicle while the person’s driver’s 12 license or operating privilege is denied, canceled, suspended, 13 revoked, or barred and who commits a moving violation during 14 such operation that results in the death of another person is 15 guilty of an aggravated misdemeanor. 16 3. For the purposes of this section, “moving violation” 17 means as defined in 761 IAC 615.1, and does not include any 18 violation not considered a moving violation under this chapter. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill provides that a person who operates a motor vehicle 23 while the person’s driver’s license or operating privilege 24 is denied, canceled, suspended, revoked, or barred and who 25 commits a moving violation during such operation that results 26 in serious injury to another person is guilty of a serious 27 misdemeanor. If the moving violation results in the death 28 of another person, the person is guilty of an aggravated 29 misdemeanor. Under Code section 903.1, a serious misdemeanor 30 is punishable by a fine of at least $315 but not to exceed 31 $1,875 and imprisonment not to exceed one year. An aggravated 32 misdemeanor is punishable by a fine of at least $625 but not to 33 exceed $6,250 and imprisonment not to exceed two years. The 34 bill provides that these penalties are in addition to any other 35 -1- LSB 1814YH (2) 87 ns/nh 1/ 2

H.F. 34 penalties provided by law. 1 The bill defines “moving violation” as the term is 2 defined in the Iowa administrative code by the department of 3 transportation. Under the bill, “moving violation” does not 4 include any violation not considered a moving violation under 5 Code chapter 321. 6 -2- LSB 1814YH (2) 87 ns/nh 2/ 2