H.F. 2497 Section 1. Section 321.261, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. Any person failing to stop or to comply with the 3 requirements in subsection 1 of this section , in the event of 4 an accident resulting in an injury to any person is guilty upon 5 conviction of a serious misdemeanor. If the violation occurs 6 in connection with a violation of section 321.372, subsection 7 3, the person is guilty upon conviction of an aggravated 8 misdemeanor. 9 Sec. 2. Section 321.372, subsection 5, paragraph b, Code 10 2024, is amended to read as follows: 11 b. A person convicted of a violation of subsection 3 is 12 subject to one of the following penalties, as applicable : 13 (1) (a) For a first offense under subsection 3 if no minor 14 pedestrian is present outside the school bus , the person is 15 guilty of a simple misdemeanor punishable by a fine of at least 16 three hundred forty-five dollars but not more than nine hundred 17 thirty dollars or by imprisonment for not more than thirty 18 days, or by both. The department may require the person to 19 attend and successfully complete, at the person’s own expense, 20 a driver improvement program approved by the department in 21 lieu of driver’s license suspension for the offense pursuant 22 to section 321.210 . 23 (b) For a second or subsequent offense under subparagraph 24 division (a), the person is guilty of a serious misdemeanor. 25 (2) If a minor pedestrian is present outside the school bus, 26 the person commits a serious misdemeanor. 27 (3) If the person strikes a minor pedestrian, the person 28 commits an aggravated misdemeanor. 29 (4) If the person causes bodily injury, the person commits a 30 class “D” felony. 31 (5) If the person causes serious injury, as defined in 32 section 702.18, the person commits a class “C” felony. 33 (2) For a second or subsequent offense under subsection 3 , 34 the person is guilty of a serious misdemeanor. 35 -1- LSB 5781YH (4) 90 th/ns 1/ 4

H.F. 2497 Sec. 3. Section 321.372, subsection 5, Code 2024, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . c. As used in this subsection, “minor 3 pedestrian” means a person under the age of eighteen who was a 4 passenger or will be a passenger on a school bus, including but 5 not limited to such a person waiting for a school bus, entering 6 a school bus, or exiting a school bus, if the person is on 7 the roadway or immediately adjacent to the roadway on which a 8 school bus is being operated. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 Current law requires the driver of any vehicle who knows or 13 has reason to believe that the driver’s vehicle was involved 14 in an accident resulting in injury to or death of any person 15 to immediately stop the vehicle at the scene of the accident 16 or as close as possible and if able, return to and remain at 17 the scene of the accident. In addition, if the driver leaves 18 the scene of an accident resulting in injury to or death of a 19 person without knowledge or reason to believe that the driver’s 20 vehicle was involved in the accident, and later discovers that 21 the driver’s vehicle may have been involved in an accident that 22 resulted in injury to or death of a person, the driver must, 23 as soon as reasonably possible, make a good-faith effort to 24 immediately contact emergency services or make a 911 call and 25 provide the dispatcher with any requested information and the 26 location and possible time of the accident. This bill enhances 27 the penalty for a violation of this provision when a person 28 fails to yield or stop when required while approaching a school 29 bus when such failure results in injury. Such a violation 30 is an aggravated misdemeanor under the bill. An aggravated 31 misdemeanor is punishable by confinement for no more than two 32 years and a fine of at least $855 but not more than $8,540. 33 Under current law, a person operating a vehicle (driver) 34 is required to reduce the vehicle’s speed to not more than 20 35 -2- LSB 5781YH (4) 90 th/ns 2/ 4

H.F. 2497 miles per hour when meeting a school bus with flashing amber 1 warning lamps, and must bring the vehicle to a complete stop 2 when the school bus stops and the stop signal arm is extended. 3 The driver must remain stopped until the stop signal arm is 4 retracted after which time the driver is authorized to proceed 5 with due caution. Additionally, a driver is prohibited from 6 overtaking or passing a school bus when red or amber warning 7 signal lights are flashing. The driver must bring the vehicle 8 to a complete stop no closer than 15 feet from the school bus 9 when the bus is stopped and the stop arm is extended, and the 10 driver must remain stopped until the stop arm is retracted and 11 the school bus resumes motion. 12 A driver who violates any of these provisions (school bus 13 provisions) commits a simple misdemeanor punishable by a fine 14 of at least $340 but not more than $930 or by imprisonment for 15 not more than 30 days, or by both. This fine is enhanced from 16 the standard simple misdemeanor fine of at least $105 but not 17 more than $855. However, the department of transportation 18 (DOT) may require a person to attend and successfully complete, 19 at the person’s own expense, a driver improvement program 20 approved by the DOT in lieu of the DOT suspending the person’s 21 driver’s license pursuant to Code section 321.210. 22 The bill enhances and adds new criminal penalties if a driver 23 violates the school bus provisions, but does not affect the 24 option for a person to complete a driver improvement program in 25 lieu of a driver’s license suspension for a first offense if no 26 minor pedestrian is present outside of a school bus. 27 Under the bill, a driver commits a serious misdemeanor if the 28 violation occurs while a minor pedestrian is present outside 29 of a school bus. The bill defines “minor pedestrian” for 30 purposes of Code section 321.372(5). A serious misdemeanor is 31 punishable by confinement for no more than one year and a fine 32 of at least $430 but not more than $2,560. 33 Under the bill, a driver who strikes a minor pedestrian 34 commits an aggravated misdemeanor. 35 -3- LSB 5781YH (4) 90 th/ns 3/ 4

H.F. 2497 If a driver causes bodily injury, the driver commits a class 1 “D” felony. A class “D” felony is punishable by confinement 2 for no more than five years and a fine of at least $1,025 but 3 not more than $10,245. 4 If a driver causes serious injury, defined by reference as 5 a disabling mental illness, a bodily injury which (1) creates 6 a substantial risk of death, (2) causes serious permanent 7 disfigurement, or (3) causes protracted loss or impairment of 8 the function of any bodily member or organ, and any injury to 9 a child that requires surgical repair and necessitates the 10 administration of general anesthesia, including but not limited 11 to skull fractures, rib fractures, and metaphyseal fractures 12 of the long bones of children under the age of four years, 13 the driver commits a class “C” felony. A class “C” felony is 14 punishable by confinement for no more than 10 years and a fine 15 of at least $1,370 but not more than $13,660. 16 -4- LSB 5781YH (4) 90 th/ns 4/ 4