House File 428 - Introduced HOUSE FILE 428 BY HEDDENS and NUNN 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 1736YH (3) 87 ns/nh
H.F. 428 Section 1. NEW SECTION . 321.266A Continuing duty to report 1 accidents —— injury or death. 2 1. A person operating a motor vehicle who leaves the scene 3 of a motor vehicle accident without knowledge that the accident 4 resulted in injury to or death of another person shall give 5 notice of the accident to the sheriff of the county in which 6 the accident occurred, or the nearest office of the state 7 patrol, or to any other peace officer as near as practicable 8 to the place where the accident occurred immediately after the 9 person obtains knowledge that the accident resulted in injury 10 to or death of another person or that the accident was of such 11 a nature that a reasonable person would anticipate that the 12 accident resulted in injury to or death of another person. 13 2. A person who violates this section is guilty of one of 14 the following: 15 a. If the accident resulted in an injury to a person, a 16 serious misdemeanor. 17 b. If the accident resulted in a serious injury, as defined 18 in section 702.18, to a person, an aggravated misdemeanor. 19 c. If the accident resulted in the death of a person, a 20 class “D” felony. 21 3. A person charged with a violation of this section shall 22 not be charged with a violation of section 321.261, 321.263, 23 or 321.266. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill requires a person operating a motor vehicle 28 who leaves the scene of a motor vehicle accident without 29 knowledge that the accident resulted in injury to or death of 30 another person to give notice of the accident to the sheriff 31 of the county in which the accident occurred, or the nearest 32 office of the state patrol, or to any other peace officer as 33 near as practicable to the place where the accident occurred 34 immediately after the person obtains knowledge that the 35 -1- LSB 1736YH (3) 87 ns/nh 1/ 2
H.F. 428 accident resulted in injury to or death of another person or 1 that the accident was of such a nature that a reasonable person 2 would anticipate that the accident resulted in injury to or 3 death of another person. 4 A person who violates the provisions of the bill is guilty of 5 a serious misdemeanor if the accident resulted in an injury, an 6 aggravated misdemeanor if the accident resulted in a serious 7 injury, or a class “D” felony if the accident resulted in a 8 death. A serious misdemeanor is punishable by a fine of at 9 least $315 but not to exceed $1,875 and imprisonment not to 10 exceed one year. An aggravated misdemeanor is punishable by a 11 fine of at least $625 but not to exceed $6,250 and imprisonment 12 not to exceed two years. A class “D” felony is punishable 13 by a fine of at least $750 but not to exceed $7,500 and 14 imprisonment not to exceed five years. The bill prohibits a 15 person charged with a violation of the bill from being charged 16 with a violation of Code section 321.261, 321.263, or 321.266. 17 -2- LSB 1736YH (3) 87 ns/nh 2/ 2