Senate File 114 - Introduced SENATE FILE 114 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1011) A BILL FOR An Act relating to unintentionally causing the death of a 1 person by operating a motor vehicle at an excessive speed, 2 providing penalties, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1355SV (1) 88 ns/rh
S.F. 114 Section 1. Section 707.6A, subsection 2, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Exceeding a speed limit established or 3 posted pursuant to section 262.68, section 321.236, subsection 4 5 or 11, section 321.236, subsection 13, paragraph “a” , section 5 321.285, section 321.288, subsection 2, paragraph “f” , or 6 section 321.289, 321.290, 321.293, 321.295, or 461A.36, by 7 twenty-five miles per hour or more, if the death of the other 8 person directly or indirectly results from the violation. This 9 paragraph does not apply to a member of a public safety agency, 10 as defined in section 34.1, performing official duties. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that a person commits a class “C” felony 15 when the person unintentionally causes the death of another 16 by exceeding a speed limit established or posted pursuant 17 to Code section 262.68 (speed limits on board of regents 18 grounds), Code section 321.236(5) (power of local authorities 19 to regulate speed in public parks) or (11) (power of local 20 authorities to regulate speed in public alleys), Code section 21 321.236(13)(a) (power of local authorities to regulate speed 22 in rural residence districts), Code section 321.285 (general 23 speed restrictions), Code section 321.288(2)(f) (reduced speed 24 in road work zones), or Code section 321.289 (speed signs), 25 321.290 (special restrictions), 321.293 (local authorities 26 may alter limits), 321.295 (limitation on bridge or elevated 27 structures), or 461A.36 (speed limits in state parks and 28 preserves), by 25 miles per hour or more, if the death of the 29 other person directly or indirectly results from the violation. 30 A class “C” felony is punishable by imprisonment for no more 31 than 10 years and a fine of at least $1,000 but not more than 32 $10,000. The bill exempts members of a public safety agency 33 performing official duties from this provision. 34 By operation of law, a person who commits a violation 35 -1- LSB 1355SV (1) 88 ns/rh 1/ 2
S.F. 114 under the bill is subject to driver’s license suspension for 1 vehicular homicide (Code section 321.210D) and is disqualified 2 from operating a commercial motor vehicle for one year (Code 3 section 321.208). In addition, the person is prohibited from 4 being admitted to bail during the appeal process (Code section 5 811.1). If the person fails to remain at the scene of the 6 accident in violation of Code section 321.261, the person 7 must also be denied parole or work release until the person 8 has served at least seven-tenths of the maximum term of the 9 person’s sentence (Code section 902.12). 10 Under Code section 707.6A(4), a person who unintentionally 11 causes a serious injury by the means described in the bill is 12 guilty of a class “D” felony. A class “D” felony is punishable 13 by confinement for no more than five years and a fine of at 14 least $750 but not more than $7,500. 15 -2- LSB 1355SV (1) 88 ns/rh 2/ 2