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