Senate
File
111
-
Introduced
SENATE
FILE
111
BY
CHAPMAN
,
ZAUN
,
BEHN
,
BROWN
,
BREITBACH
,
BERTRAND
,
CHELGREN
,
C.
JOHNSON
,
and
ANDERSON
A
BILL
FOR
An
Act
prohibiting
persons
from
intentionally
blocking
the
1
movement
of
traffic
on
certain
highways,
and
providing
a
2
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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111
Section
1.
NEW
SECTION
.
318.6A
Intentional
blocking
of
1
traffic
on
certain
highways
prohibited
——
penalty
——
exceptions.
2
1.
A
person
shall
not
loiter,
or
place
or
cause
to
be
placed
3
any
obstruction
as
discussed
in
section
318.3,
on
the
traveled
4
portion
of
the
right-of-way
of
a
highway
with
a
speed
limit
5
of
fifty-five
miles
per
hour
or
more
with
the
intention
of
6
blocking
the
normal
and
reasonable
movement
of
motor
vehicle
7
traffic.
8
2.
a.
A
person
who
blocks
the
movement
of
traffic
in
9
violation
of
subsection
1
commits
a
class
“D”
felony,
which
10
shall
be
in
lieu
of
the
punishment
imposed
under
section
318.6,
11
subsection
1.
However,
section
318.6,
subsection
2,
to
the
12
extent
practicable,
shall
apply
to
a
punishment
imposed
under
13
this
section.
14
b.
The
person
is
subject
to
prosecution
by
the
county
15
attorney
in
the
county
where
the
highway
is
located.
However,
16
if
the
county
attorney
fails
to
initiate
prosecution
within
17
thirty
days,
the
attorney
general
may
initiate
and
carry
out
18
the
prosecution
in
cooperation,
if
possible,
with
the
county
19
attorney.
20
3.
This
section
shall
not
apply
to
a
person
who
blocks
21
the
movement
of
traffic
for
the
purpose
of
obtaining
law
22
enforcement,
medical,
or
mechanical
assistance.
This
section
23
shall
also
not
apply
to
a
person
who
is
a
peace
officer
or
24
emergency
responder,
who
is
engaged
in
highway
construction
25
or
maintenance,
or
who
is
an
employee
of
a
federal,
state,
or
26
local
government,
if
the
person
is
acting
within
the
scope
of
27
the
person’s
duties.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
current
law,
a
person
is
prohibited
from
placing
an
32
obstruction
in
the
highway
right-of-way,
including
the
traveled
33
portion
of
the
roadway.
A
person
who
violates
this
provision
34
is
subject
to
an
injunction
and
guilty
of
creating
a
public
35
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111
nuisance,
an
aggravated
misdemeanor
punishable
by
imprisonment
1
not
to
exceed
two
years
and
a
fine
of
at
least
$625
but
not
to
2
exceed
$6,250.
Any
obstruction
is
subject
to
removal.
3
This
bill
prohibits
a
person
from
loitering,
or
placing
or
4
causing
to
be
placed
any
obstruction,
on
the
traveled
portion
5
of
the
right-of-way
of
a
highway
with
a
speed
limit
of
55
miles
6
per
hour
or
more
with
the
intention
of
blocking
the
normal
and
7
reasonable
movement
of
motor
vehicle
traffic.
8
A
person
who
blocks
the
movement
of
traffic
in
violation
of
9
the
bill
commits
a
class
“D”
felony,
which
is
punishable
by
10
no
more
than
five
years
in
prison
and
a
fine
of
at
least
$750
11
but
not
to
exceed
$7,500.
This
punishment
is
in
lieu
of
the
12
punishment
imposed
for
creating
a
public
nuisance
under
current
13
law.
To
the
extent
practicable,
a
court
may
order
that
the
14
obstruction
be
abated
or
removed
at
the
expense
of
the
person.
15
The
costs
for
abatement
or
removal
of
the
obstruction
may
be
16
entered
as
a
personal
judgment
against
the
person
or
assessed
17
against
the
property
where
the
obstruction
occurred,
or
both.
18
The
person
is
subject
to
prosecution
by
the
county
attorney
19
in
the
county
where
the
highway
is
located.
However,
if
the
20
county
attorney
fails
to
initiate
prosecution
within
30
days,
21
the
attorney
general
may
initiate
and
carry
out
the
prosecution
22
in
cooperation,
if
possible,
with
the
county
attorney.
23
The
bill
does
not
apply
to
a
person
who
blocks
the
movement
24
of
traffic
for
the
purpose
of
obtaining
law
enforcement,
25
medical,
or
mechanical
assistance.
In
addition,
the
26
bill
does
not
apply
to
a
person
who
is
a
peace
officer
or
27
emergency
responder,
who
is
engaged
in
highway
construction
28
or
maintenance,
or
who
is
an
employee
of
a
federal,
state,
or
29
local
government,
if
the
person
is
acting
within
the
scope
of
30
the
person’s
duties.
31
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