House Study Bill 123 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON HINSON) A BILL FOR An Act relating to motor vehicle accidents resulting in injury 1 or death, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2239YC (2) 88 ns/rh
H.F. _____ Section 1. Section 321.209, subsection 3, Code 2019, is 1 amended to read as follows: 2 3. Failure to stop and render aid as required under the laws 3 of this state or to otherwise comply with section 321.261 in 4 the event of a motor vehicle accident resulting in the death 5 or personal injury of another. 6 Sec. 2. Section 321.261, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. a. The driver of any vehicle who knows or has reason to 9 believe that the driver’s vehicle was involved in an accident 10 resulting in injury to or death of any person shall immediately 11 stop the vehicle at the scene of the accident or as close as 12 possible and if able, shall then return to and remain at the 13 scene of the accident in accordance with section 321.263 . 14 Every such stop shall be made without obstructing traffic more 15 than is necessary. 16 b. If the driver of a vehicle leaves the scene of an 17 accident resulting in injury to or death of a person without 18 knowledge or reason to believe that the driver’s vehicle was 19 involved in the accident, and later discovers that the driver’s 20 vehicle may have been involved in an accident that resulted in 21 injury to or death of a person, the driver shall, as soon as 22 reasonably possible, make a good-faith effort to immediately 23 make a 911 call and provide the dispatcher with any requested 24 information described in section 321.263 and the location and 25 possible time of the accident. 26 Sec. 3. Section 321.555, subsection 1, paragraph f, Code 27 2019, is amended to read as follows: 28 f. Failure to stop and leave information , or to render aid 29 as required by , or to otherwise comply with sections 321.261 30 and 321.263 . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Under current law, the driver of a vehicle involved in an 35 -1- LSB 2239YC (2) 88 ns/rh 1/ 3
H.F. _____ accident resulting in injury to or death of a person must 1 immediately stop the vehicle at the scene of the accident or 2 as close as possible and if able, must then return to and 3 remain at the scene of the accident. This bill applies the 4 provision to a driver who knows or has reason to believe that 5 the driver’s vehicle was involved in an accident resulting in 6 injury to or death of a person. 7 The bill provides that if a driver leaves the scene of an 8 accident resulting in injury to or death of a person without 9 knowledge or reason to believe that the driver’s vehicle 10 was involved in the accident, and later discovers that the 11 driver’s vehicle may have been involved in an accident that 12 resulted in injury to or death of a person, the driver must, 13 as soon as reasonably possible, make a good-faith effort to 14 immediately make a 911 call and provide the dispatcher with any 15 requested information described in Code section 321.263 and the 16 location and possible time of the accident. Under Code section 17 321.263, such information includes the driver’s name, address, 18 registration number of the vehicle or other information on the 19 registration receipt, driver’s license information, and other 20 identification data. 21 A person who violates Code section 321.261 relating to 22 an accident resulting in an injury is guilty of a serious 23 misdemeanor. A serious misdemeanor is punishable by 24 confinement for no more than one year and a fine of at least 25 $315 but not more than $1,875. A person who violates Code 26 section 321.261 relating to an accident resulting in a serious 27 injury is guilty of an aggravated misdemeanor. An aggravated 28 misdemeanor is punishable by confinement for no more than two 29 years and a fine of at least $625 but not more than $6,250. 30 A person who violates Code section 321.261 relating to an 31 accident resulting in death is guilty of a class “D” felony. A 32 class “D” felony is punishable by confinement for no more than 33 five years and a fine of at least $750 but not more than $7,500. 34 A violation of Code section 321.261 is subject to mandatory 35 -2- LSB 2239YC (2) 88 ns/rh 2/ 3
H.F. _____ driver’s license revocation, counts as an offense for purposes 1 of habitual offender status, and may result in exclusion from 2 an automobile insurance policy. 3 -3- LSB 2239YC (2) 88 ns/rh 3/ 3