SF 286 (LSB 1384XS (2) 88)

SENATE FILE 286

BY  CHAPMAN and BEHN

A BILL FOR

An Act prohibiting persons from intentionally blocking the movement of traffic on certain highways, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  318.6A  Intentional blocking of traffic on certain highways prohibited —— penalties —— exceptions.
   1.  A person shall not loiter, or place or cause to be placed any obstruction as discussed in section 318.3, on the traveled portion of the right-of-way of a highway with a speed limit of fifty-five miles per hour or more with the intention of blocking the normal and reasonable movement of motor vehicle traffic.
   2.  a.  A person who commits a first violation of subsection 1 is guilty of a serious misdemeanor. A person who commits a second or subsequent violation of subsection 1 is guilty of a class “D” felony. A punishment imposed under this paragraph shall be in lieu of any punishment imposed under section 318.6, subsection 1. However, section 318.6, subsection 2, to the extent practicable, shall apply to a punishment imposed under this section.
   b.  A person charged with a violation of subsection 1 is subject to prosecution by the county attorney in the county where the highway is located. However, if the county attorney fails to initiate prosecution within thirty days, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney.
   3.  This section does not apply to a person who blocks the movement of traffic for the purpose of obtaining law enforcement, medical, or mechanical assistance. This section also does not apply to a person who is a peace officer or emergency responder, who is engaged in highway construction or maintenance, or who is an employee of a federal, state, or local government, if the person is acting within the scope of the person’s duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person is prohibited from placing an obstruction in the highway right-of-way, including the traveled portion of the roadway. A person who violates this provision is subject to an injunction and guilty of creating a public nuisance, an aggravated misdemeanor. Any obstruction is subject to removal.
   This bill prohibits a person from loitering, or placing or causing to be placed any obstruction, on the traveled portion of the right-of-way of a highway with a speed limit of 55 miles per hour or more with the intention of blocking the normal and reasonable movement of motor vehicle traffic.
   A person who commits a first violation of the provisions of the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A person who commits a second or subsequent violation of the provisions of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A punishment imposed under the bill is in lieu of any punishment imposed for creating a public nuisance under current law. To the extent practicable, a court may order that the obstruction be abated or removed at the expense of the person. The costs for abatement or removal of the obstruction may be entered as a personal judgment against the person or assessed against the property where the obstruction occurred, or both.
   A person charged with a violation of the provisions of the bill is subject to prosecution by the county attorney in the county where the highway is located. However, if the county attorney fails to initiate prosecution within 30 days, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney.
   The bill does not apply to a person who blocks the movement of traffic for the purpose of obtaining law enforcement, medical, or mechanical assistance. In addition, the bill does not apply to a person who is a peace officer or emergency responder, who is engaged in highway construction or maintenance, or who is an employee of a federal, state, or local government, if the person is acting within the scope of the person’s duties.