Senate
File
301
-
Introduced
SENATE
FILE
301
BY
GARRETT
A
BILL
FOR
An
Act
relating
to
the
failure
of
a
person
to
remain
at
the
1
scene
of
an
accident
resulting
in
serious
injury
or
death,
2
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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301
Section
1.
Section
321.261,
subsection
3,
Code
2021,
is
1
amended
to
read
as
follows:
2
3.
Notwithstanding
subsection
2
,
any
person
failing
to
3
stop
or
to
comply
with
the
requirements
in
subsection
1
,
in
4
the
event
of
an
accident
resulting
in
a
serious
injury
to
any
5
person,
is
guilty
upon
conviction
of
an
aggravated
misdemeanor.
6
For
purposes
of
this
section
,
“serious
injury”
means
as
defined
7
in
section
702.18
.
8
Sec.
2.
Section
321.261,
Code
2021,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
4A.
The
driver
of
any
vehicle
involved
11
in
an
accident,
who
causes
a
serious
injury
of
any
person,
12
who
fails
to
comply
with
the
requirements
of
subsection
1,
is
13
guilty
upon
conviction
of
a
class
“D”
felony.
14
NEW
SUBSECTION
.
4B.
The
driver
of
any
vehicle
involved
in
15
an
accident,
who
causes
the
death
of
any
person,
who
fails
to
16
comply
with
the
requirements
of
subsection
1,
is
guilty
upon
17
conviction
of
a
class
“C”
felony.
18
NEW
SUBSECTION
.
6.
For
purposes
of
this
section,
“serious
19
injury”
means
the
same
as
defined
in
section
702.18.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
failure
of
a
person
to
remain
at
the
24
scene
of
an
accident
resulting
in
serious
injury
or
death,
and
25
provides
penalties.
26
Current
law
provides
that
the
driver
of
any
vehicle
involved
27
in
an
accident
resulting
in
injury
to
or
death
of
any
person
28
shall
immediately
stop
the
vehicle
at
the
scene
of
the
accident
29
or
as
close
as
possible
and
if
able,
to
return
to
and
remain
30
at
the
scene
of
the
accident.
A
person
failing
to
stop
or
31
to
comply
with
the
requirements
in
the
event
of
an
accident
32
resulting
in
an
injury
to
any
person
is
guilty
upon
conviction
33
of
a
serious
misdemeanor.
A
person
failing
to
stop
or
to
34
comply
with
the
requirements
in
the
event
of
an
accident
35
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301
resulting
in
a
serious
injury
to
any
person,
is
guilty
upon
1
conviction
of
an
aggravated
misdemeanor.
A
person
failing
to
2
stop
or
to
comply
with
the
requirements
in
the
event
of
an
3
accident
resulting
in
the
death
of
a
person
is
guilty
upon
4
conviction
of
a
class
“D”
felony.
5
The
bill
includes
additional
penalties
for
a
driver
of
a
6
vehicle
involved
in
an
accident
who
causes
serious
injury
to
7
any
person
and
who
fails
to
remain
at
the
scene
of
an
accident
8
(a
class
“D”
felony),
and
for
a
driver
of
a
vehicle
involved
in
9
an
accident
who
causes
the
death
of
any
person
and
who
fails
10
to
remain
at
the
scene
of
the
accident
(a
class
“C”
felony).
11
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
12
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
13
$10,245,
and
a
class
“C”
felony
is
punishable
by
confinement
14
for
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
15
more
than
$13,660.
16
The
bill
defines
“serious
injury”
as
any
of
the
following:
17
disabling
mental
illness;
bodily
injury
which
creates
18
a
substantial
risk
of
death,
causes
serious
permanent
19
disfigurement,
or
causes
protracted
loss
or
impairment
of
20
the
function
of
any
bodily
member
or
organ;
any
injury
to
21
a
child
that
requires
surgical
repair
and
necessitates
the
22
administration
of
general
anesthesia;
and
includes
but
is
not
23
limited
to
skull
fractures,
rib
fractures,
and
metaphyseal
24
fractures
of
the
long
bones
of
children
under
the
age
of
four
25
years.
26
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