SF 449 (LSB 2048SV (2) 89)

SENATE FILE 449

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 301)

(COMPANION TO HF 524 BY COMMITTEE ON TRANSPORTATION)

A BILL FOR

An Act relating to motor vehicle accidents resulting in injury or death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.209, subsection 3, Code 2021, is amended to read as follows:
   3.  Failure to stop and render aid as required under the laws of this state or to otherwise comply with section 321.261 in the event of a motor vehicle accident resulting in the death or personal injury of another.
    Sec. 2.  Section 321.261, subsection 1, Code 2021, is amended to read as follows:
   1.  a.  The driver of any vehicle who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident in accordance with section 321.263. Every such stop shall be made without obstructing traffic more than is necessary.
   b.  If the driver of a vehicle leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver shall, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in section 321.263 and the location and possible time of the accident.
    Sec. 3.  Section 321.261, subsections 3 and 4, Code 2021, are amended to read as follows:
   3.  a.  Notwithstanding subsection 2, any person failing to stop or to comply with the requirements in subsection 1, in the event of an accident resulting in a serious injury to any person, is guilty upon conviction of an aggravated misdemeanor.
   b.  Notwithstanding paragraph “a”, any person failing to stop or to comply with the requirements in subsection 1, who causes the accident resulting in a serious injury to any person, is guilty upon conviction of a class “D” felony. 
   c.  For purposes of this section subsection, “serious injury” means as defined in section 702.18.
   4.  a.  A person failing to stop or to comply with the requirements in subsection 1, in the event of an accident resulting in the death of a person, is guilty upon conviction of a class “D” felony.
   b.  Notwithstanding paragraph “a”, a person failing to stop or to comply with the requirements in subsection 1, who causes the accident resulting in the death of a person, is guilty upon conviction of a class “C” felony.
    Sec. 4.  Section 321.261, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Notwithstanding any other provision of law to the contrary, any person who has suffered physical, emotional, or financial harm as the result of a motor vehicle accident from which another person who caused the accident failed to stop or to comply with the requirements of subsection 1, as described in subsection 3, paragraph “b”, and subsection 4, paragraph “b”, shall be considered a victim pursuant to chapter 915, subchapter II, for purposes of any related proceedings against the other person.
    Sec. 5.  Section 321.555, subsection 1, paragraph f, Code 2021, is amended to read as follows:
   f.  Failure to stop and leave information, or to render aid as required by, or to otherwise comply with sections 321.261 and 321.263.
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, the driver of a vehicle involved in an accident resulting in injury to or death of a person must immediately stop the vehicle at the scene of the accident or as close as possible and if able, must then return to and remain at the scene of the accident. This bill applies the provision to a driver who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of a person.
   The bill provides that if a driver leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver must, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in Code section 321.263 and the location and possible time of the accident. Under Code section 321.263, such information includes the driver’s name, address, registration number of the vehicle or other information on the registration receipt, driver’s license information, and other identification data.
   The bill specifies the difference between accidents caused by a person and accidents involving a person that result in serious injury or death, as it relates to penalties for persons who fail to comply with Code section 321.261(1). The bill also specifies that any person who has suffered physical, emotional, or financial harm as the result of a motor vehicle accident that results in serious injury or death and that was caused by another person who failed to comply with Code section 321.261(1) must be considered a victim for purposes of any related proceedings against the other person.
   A person who violates Code section 321.261 relating to an accident resulting in an injury 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 $430 but not more than $2,560. 
   A person who violates Code section 321.261 relating to an accident resulting in a serious injury is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   A person who violates Code section 321.261 relating to an accident caused by the person resulting in a serious injury 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 $1,025 but not more than $10,245.
   A person who violates Code section 321.261 relating to an accident resulting in death is guilty of a class “D” felony. 
   A person who violates Code section 321.261 relating to an accident caused by the person resulting in death is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
   A violation of Code section 321.261 is subject to mandatory driver’s license revocation under Code section 321.209, is considered an offense for purposes of habitual offender status under Code section 321.555, and may result in exclusion from an automobile insurance policy under Code section 515D.4.