S.F. 284 Section 1. Section 321.279, Code 2017, is amended to read 1 as follows: 2 321.279 Eluding or attempting to elude pursuing law 3 enforcement vehicle. 4 1. The driver of a motor vehicle commits a serious an 5 aggravated misdemeanor if the driver willfully fails to bring 6 the motor vehicle to a stop or otherwise eludes or attempts to 7 elude a marked an official law enforcement vehicle , whether 8 marked or unmarked, driven by a uniformed peace officer after 9 being given a visual and audible signal to stop. The signal 10 given by the peace officer shall be by flashing red light, or 11 by flashing red and blue lights, and siren. For purposes of 12 this section , “peace officer” means those officers designated 13 under section 801.4, subsection 11 , paragraphs “a” , “b” , “c” , 14 “f” , “g” , and “h” . 15 2. The driver of a motor vehicle commits an aggravated 16 misdemeanor a class “D” felony if the driver willfully fails 17 to bring the motor vehicle to a stop or otherwise eludes or 18 attempts to elude a marked an official law enforcement vehicle , 19 whether marked or unmarked, that is driven by a uniformed 20 peace officer after being given a visual and audible signal 21 as provided in this section and in doing so exceeds the speed 22 limit by twenty-five miles per hour or more. 23 3. The driver of a motor vehicle commits a class “D” “C” 24 felony if the driver willfully fails to bring the motor vehicle 25 to a stop or otherwise eludes or attempts to elude a marked an 26 official law enforcement vehicle , whether marked or unmarked, 27 that is driven by a uniformed peace officer after being given a 28 visual and audible signal as provided in this section , and in 29 doing so exceeds the speed limit by twenty-five miles per hour 30 or more, and if any of the following occurs: 31 a. The driver is participating in a public offense, as 32 defined in section 702.13 , that is a felony. 33 b. The driver is in violation of section 321J.2 or 124.401 . 34 c. The offense results in bodily injury to a person other 35 -1- LSB 2387XS (4) 87 ns/nh 1/ 4

S.F. 284 than the driver. 1 4. Notwithstanding any other provision of law to the 2 contrary, a law enforcement agency may retain possession of 3 a motor vehicle suspected to have been operated by a person 4 in violation of this section until final disposition of any 5 criminal proceeding related to the violation. 6 Sec. 2. Section 707.6A, subsection 2, Code 2017, is amended 7 to read as follows: 8 2. a. A person commits a class “B” felony when the person 9 unintentionally causes the death of another by eluding or 10 attempting to elude a pursuing law enforcement vehicle, in 11 violation of section 321.279, if the death of the other person 12 directly or indirectly results from the violation. 13 b. A person commits a class “C” felony when the person 14 unintentionally causes the death of another by any of the 15 following means: 16 a. Driving driving a motor vehicle in a reckless manner 17 with willful or wanton disregard for the safety of persons or 18 property, in violation of section 321.277 . 19 b. Eluding or attempting to elude a pursuing law enforcement 20 vehicle, in violation of section 321.279 , if the death of the 21 other person directly or indirectly results from the violation. 22 Sec. 3. Section 707.6A, subsection 4, Code 2017, is amended 23 to read as follows: 24 4. A person commits a class “D” felony when the person 25 unintentionally causes a serious injury, as defined in section 26 702.18 , by any of the means described in subsection 1 or 2 , 27 except a person who unintentionally causes a serious injury by 28 the means described in subsection 2, paragraph “a” , commits a 29 class “C” felony . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill increases the penalties for eluding a law 34 enforcement vehicle under Code sections 321.279 and 707.6A. 35 -2- LSB 2387XS (4) 87 ns/nh 2/ 4

S.F. 284 Current law provides that the driver of a vehicle commits 1 a serious misdemeanor if the driver willfully fails to bring 2 the vehicle to a stop or otherwise eludes or attempts to 3 elude a marked official law enforcement vehicle. A serious 4 misdemeanor is punishable by a fine of at least $315 but not 5 to exceed $1,875 and imprisonment not to exceed one year. The 6 bill increases the penalty to an aggravated misdemeanor and 7 applies the provision to unmarked law enforcement vehicles. An 8 aggravated misdemeanor is punishable by a fine of at least $625 9 but not to exceed $6,250 and imprisonment not to exceed two 10 years. 11 Current law also provides that the driver of a vehicle 12 commits an aggravated misdemeanor if the driver willfully fails 13 to bring the vehicle to a stop or otherwise eludes or attempts 14 to elude a marked official law enforcement vehicle and in doing 15 so exceeds the speed limit by 25 miles per hour or more. The 16 bill increases the penalty to a class “D” felony and applies 17 the provision to unmarked law enforcement vehicles. A class 18 “D” felony is punishable by a fine of at least $750 but not to 19 exceed $7,500 and imprisonment not to exceed five years. 20 Current law further provides that the driver of a vehicle 21 commits a class “D” felony if the driver willfully fails to 22 bring the motor vehicle to a stop or otherwise eludes or 23 attempts to elude a marked official law enforcement vehicle; 24 exceeds the speed limit by 25 miles per hour or more; and the 25 driver is participating in a public offense that is a felony, 26 the driver is in violation of Code section 321J.2 (operating 27 while intoxicated) or 124.401 (controlled substances), or 28 the offense results in bodily injury to a person other than 29 the driver. The bill increases the penalty to a class “C” 30 felony and applies the provision to unmarked law enforcement 31 vehicles. A class “C” felony is punishable by a fine of at 32 least $1,000 but not to exceed $10,000 and imprisonment not 33 to exceed 10 years. The bill likewise increases the penalty 34 for unintentionally causing a serious injury to a person while 35 -3- LSB 2387XS (4) 87 ns/nh 3/ 4

S.F. 284 eluding or attempting to elude a pursuing law enforcement 1 vehicle from a class “D” felony to a class “C” felony. 2 Finally, current law provides that a person commits a class 3 “C” felony when the person unintentionally causes the death of 4 another person by eluding or attempting to elude a pursuing law 5 enforcement vehicle. The bill increases the penalty to a class 6 “B” felony. A class “B” felony is punishable by imprisonment 7 not to exceed 25 years. 8 The bill permits a law enforcement agency to retain 9 possession of a vehicle suspected to have been operated by 10 person in violation of the bill until final disposition of any 11 criminal proceeding related to the violation. 12 Under current law, a violation for eluding a law enforcement 13 vehicle is grounds for mandatory revocation of a person’s 14 driver’s license or operating privilege, and is included in the 15 list of offenses that contribute to habitual offender status. 16 -4- LSB 2387XS (4) 87 ns/nh 4/ 4