House File 524 - Introduced HOUSE FILE 524 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 118) 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 1269HV (2) 89 th/ns
H.F. 524 Section 1. Section 321.209, subsection 3, Code 2021, 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 2021, 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 contact emergency services or make a 911 call and provide the 24 dispatcher with any requested information described in section 25 321.263 and the location and possible time of the accident. 26 Sec. 3. Section 321.261, subsections 3 and 4, Code 2021, are 27 amended to read as follows: 28 3. a. Notwithstanding subsection 2 , any person failing to 29 stop or to comply with the requirements in subsection 1 , in 30 the event of an accident resulting in a serious injury to any 31 person, is guilty upon conviction of an aggravated misdemeanor. 32 b. Notwithstanding paragraph “a” , any person failing to stop 33 or to comply with the requirements in subsection 1, who causes 34 the accident resulting in a serious injury to any person, is 35 -1- LSB 1269HV (2) 89 th/ns 1/ 4
H.F. 524 guilty upon conviction of a class “D” felony. 1 c. For purposes of this section subsection , “serious injury” 2 means as defined in section 702.18 . 3 4. a. A person failing to stop or to comply with the 4 requirements in subsection 1 , in the event of an accident 5 resulting in the death of a person, is guilty upon conviction 6 of a class “D” felony. 7 b. Notwithstanding paragraph “a” , a person failing to stop 8 or to comply with the requirements in subsection 1, who causes 9 the accident resulting in the death of a person, is guilty upon 10 conviction of a class “C” felony. 11 Sec. 4. Section 321.261, Code 2021, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 6. Notwithstanding any other provision 14 of law to the contrary, any person who has suffered physical, 15 emotional, or financial harm as the result of a motor vehicle 16 accident from which another person who caused the accident 17 failed to stop or to comply with the requirements of subsection 18 1, as described in subsection 3, paragraph “b” , and subsection 19 4, paragraph “b” , shall be considered a victim pursuant to 20 chapter 915, subchapter II, for purposes of any related 21 proceedings against the other person. 22 Sec. 5. Section 321.555, subsection 1, paragraph f, Code 23 2021, is amended to read as follows: 24 f. Failure to stop and leave information , or to render aid 25 as required by , or to otherwise comply with sections 321.261 26 and 321.263 . 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Under current law, the driver of a vehicle involved in an 31 accident resulting in injury to or death of a person must 32 immediately stop the vehicle at the scene of the accident or 33 as close as possible and if able, must then return to and 34 remain at the scene of the accident. This bill applies the 35 -2- LSB 1269HV (2) 89 th/ns 2/ 4
H.F. 524 provision to a driver who knows or has reason to believe that 1 the driver’s vehicle was involved in an accident resulting in 2 injury to or death of a person. 3 The bill provides that if a driver leaves the scene of an 4 accident resulting in injury to or death of a person without 5 knowledge or reason to believe that the driver’s vehicle was 6 involved in the accident, and later discovers that the driver’s 7 vehicle may have been involved in an accident that resulted in 8 injury to or death of a person, the driver must, as soon as 9 reasonably possible, make a good-faith effort to immediately 10 contact emergency services or make a 911 call and provide 11 the dispatcher with any requested information described in 12 Code section 321.263 and the location and possible time of 13 the accident. Under Code section 321.263, such information 14 includes the driver’s name, address, registration number of 15 the vehicle or other information on the registration receipt, 16 driver’s license information, and other identification data. 17 The bill specifies the difference between accidents caused 18 by a person and accidents involving a person that result in 19 serious injury or death, as it relates to penalties for persons 20 who fail to comply with Code section 321.261(1). The bill 21 also specifies that any person who has suffered physical, 22 emotional, or financial harm as the result of a motor vehicle 23 accident that results in serious injury or death and that was 24 caused by another person who failed to comply with Code section 25 321.261(1) must be considered a victim for purposes of any 26 related proceedings against the other person. 27 A person who violates Code section 321.261 relating to 28 an accident resulting in an injury is guilty of a serious 29 misdemeanor. A serious misdemeanor is punishable by 30 confinement for no more than one year and a fine of at least 31 $430 but not more than $2,560. 32 A person who violates Code section 321.261 relating 33 to an accident resulting in a serious injury is guilty of 34 an aggravated misdemeanor. An aggravated misdemeanor is 35 -3- LSB 1269HV (2) 89 th/ns 3/ 4
H.F. 524 punishable by confinement for no more than two years and a fine 1 of at least $855 but not more than $8,540. 2 A person who violates Code section 321.261 relating to an 3 accident caused by the person resulting in a serious injury is 4 guilty of a class “D” felony. A class “D” felony is punishable 5 by confinement for no more than five years and a fine of at 6 least $1,025 but not more than $10,245. 7 A person who violates Code section 321.261 relating to an 8 accident resulting in death is guilty of a class “D” felony. 9 A person who violates Code section 321.261 relating to an 10 accident caused by the person resulting in death is guilty 11 of a class “C” felony. A class “C” felony is punishable by 12 confinement for no more than 10 years and a fine of at least 13 $1,370 but not more than $13,660. 14 A violation of Code section 321.261 is subject to mandatory 15 driver’s license revocation under Code section 321.209, is 16 considered an offense for purposes of habitual offender status 17 under Code section 321.555, and may result in exclusion from an 18 automobile insurance policy under Code section 515D.4. 19 -4- LSB 1269HV (2) 89 th/ns 4/ 4