House
File
753
-
Introduced
HOUSE
FILE
753
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
5)
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
1734HV
(1)
89
th/ns
H.F.
753
Section
1.
Section
707.6A,
subsection
2,
Code
2021,
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
confinement
for
no
more
31
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
32
$13,660.
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
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1734HV
(1)
89
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2
H.F.
753
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
$1,025
but
not
more
than
$10,245.
15
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2