Senate File 426 - Introduced SENATE FILE 426 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1135) A BILL FOR An Act prohibiting persons from intentionally blocking the 1 movement of traffic on certain highways, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2398SV (1) 87 ns/nh
S.F. 426 Section 1. NEW SECTION . 318.6A Intentional blocking 1 of traffic on certain highways prohibited —— penalties —— 2 exceptions. 3 1. A person shall not loiter, or place or cause to be placed 4 any obstruction as discussed in section 318.3, on the traveled 5 portion of the right-of-way of a highway with a speed limit 6 of fifty-five miles per hour or more with the intention of 7 blocking the normal and reasonable movement of motor vehicle 8 traffic. 9 2. a. A person who commits a first violation of subsection 10 1 is guilty of a serious misdemeanor. A person who commits a 11 second violation of subsection 1 is guilty of an aggravated 12 misdemeanor. A person who commits a third or subsequent 13 violation of subsection 1 is guilty of a class “D” felony. A 14 punishment imposed under this paragraph “a” shall be in lieu 15 of any punishment imposed under section 318.6, subsection 16 1. However, section 318.6, subsection 2, to the extent 17 practicable, shall apply to a punishment imposed under this 18 section. 19 b. The person is subject to prosecution by the county 20 attorney in the county where the highway is located. However, 21 if the county attorney fails to initiate prosecution within 22 thirty days, the attorney general may initiate and carry out 23 the prosecution in cooperation, if possible, with the county 24 attorney. 25 3. This section shall not apply to a person who blocks 26 the movement of traffic for the purpose of obtaining law 27 enforcement, medical, or mechanical assistance. This section 28 shall also not apply to a person who is a peace officer or 29 emergency responder, who is engaged in highway construction 30 or maintenance, or who is an employee of a federal, state, or 31 local government, if the person is acting within the scope of 32 the person’s duties. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 2398SV (1) 87 ns/nh 1/ 3
S.F. 426 the explanation’s substance by the members of the general assembly. 1 Under current law, a person is prohibited from placing 2 an obstruction in the highway right-of-way, including the 3 traveled portion of the roadway. A person who violates this 4 provision is subject to an injunction and guilty of creating a 5 public nuisance, an aggravated misdemeanor. Any obstruction 6 is subject to removal. 7 This bill prohibits a person from loitering, or placing or 8 causing to be placed any obstruction, on the traveled portion 9 of the right-of-way of a highway with a speed limit of 55 miles 10 per hour or more with the intention of blocking the normal and 11 reasonable movement of motor vehicle traffic. 12 A person who commits a first violation of the provisions 13 of the bill is guilty of a serious misdemeanor punishable 14 by imprisonment not to exceed one year and a fine of at 15 least $315 but not to exceed $1,875. A person who commits a 16 second violation of the provisions of the bill is guilty of 17 an aggravated misdemeanor punishable by imprisonment not to 18 exceed two years and a fine of at least $625 but not to exceed 19 $6,250. A person who commits a third or subsequent violation 20 of the provisions of the bill is guilty of a class “D” felony 21 punishable by imprisonment not to exceed five years and a 22 fine of at least $750 but not to exceed $7,500. A punishment 23 imposed under the bill is in lieu of any punishment imposed 24 for creating a public nuisance under current law. To the 25 extent practicable, a court may order that the obstruction be 26 abated or removed at the expense of the person. The costs for 27 abatement or removal of the obstruction may be entered as a 28 personal judgment against the person or assessed against the 29 property where the obstruction occurred, or both. 30 The person is subject to prosecution by the county attorney 31 in the county where the highway is located. However, if the 32 county attorney fails to initiate prosecution within 30 days, 33 the attorney general may initiate and carry out the prosecution 34 in cooperation, if possible, with the county attorney. 35 -2- LSB 2398SV (1) 87 ns/nh 2/ 3
S.F. 426 The bill does not apply to a person who blocks the movement 1 of traffic for the purpose of obtaining law enforcement, 2 medical, or mechanical assistance. In addition, the 3 bill does not apply to a person who is a peace officer or 4 emergency responder, who is engaged in highway construction 5 or maintenance, or who is an employee of a federal, state, or 6 local government, if the person is acting within the scope of 7 the person’s duties. 8 -3- LSB 2398SV (1) 87 ns/nh 3/ 3