HF 2497 (LSB 5781YH (4) 90)

HOUSE FILE 2497

BY  FORBES

A BILL FOR

An Act relating to drivers who fail to slow or stop when approaching a school bus displaying flashing lights or a stop signal arm, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.261, subsection 2, Code 2024, is amended to read as follows:
   2.  Any person failing to stop or to comply with the requirements in subsection 1 of this section, in the event of an accident resulting in an injury to any person is guilty upon conviction of a serious misdemeanor.  If the violation occurs in connection with a violation of section 321.372, subsection 3, the person is guilty upon conviction of an aggravated misdemeanor.
    Sec. 2.  Section 321.372, subsection 5, paragraph b, Code 2024, is amended to read as follows:
   b.  A person convicted of a violation of subsection 3 is subject to one of the following penalties, as applicable:
   (1)  (a)  For a first offense under subsection 3 if no minor pedestrian is present outside the school bus, the person is guilty of a simple misdemeanor punishable by a fine of at least three hundred forty-five dollars but not more than nine hundred thirty dollars or by imprisonment for not more than thirty days, or by both. The department may require the person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department in lieu of driver’s license suspension for the offense pursuant to section 321.210.
   (b)  For a second or subsequent offense under subparagraph division (a), the person is guilty of a serious misdemeanor.
   (2)  If a minor pedestrian is present outside the school bus, the person commits a serious misdemeanor.
   (3)  If the person strikes a minor pedestrian, the person commits an aggravated misdemeanor.
   (4)  If the person causes bodily injury, the person commits a class “D” felony.
   (5)  If the person causes serious injury, as defined in section 702.18, the person commits a class “C” felony.
   (2)  For a second or subsequent offense under subsection 3, the person is guilty of a serious misdemeanor. 
    Sec. 3.  Section 321.372, subsection 5, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  As used in this subsection, “minor pedestrian” means a person under the age of eighteen who was a passenger or will be a passenger on a school bus, including but not limited to such a person waiting for a school bus, entering a school bus, or exiting a school bus, if the person is on the roadway or immediately adjacent to the roadway on which a school bus is being operated.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law requires 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 to immediately stop the vehicle at the scene of the accident or as close as possible and if able, return to and remain at the scene of the accident. In addition, if the 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 and the location and possible time of the accident. This bill enhances the penalty for a violation of this provision when a person fails to yield or stop when required while approaching a school bus when such failure results in injury. Such a violation is an aggravated misdemeanor under the bill. 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.
   Under current law, a person operating a vehicle (driver) is required to reduce the vehicle’s speed to not more than 20 miles per hour when meeting a school bus with flashing amber warning lamps, and must bring the vehicle to a complete stop when the school bus stops and the stop signal arm is extended. The driver must remain stopped until the stop signal arm is retracted after which time the driver is authorized to proceed with due caution. Additionally, a driver is prohibited from overtaking or passing a school bus when red or amber warning signal lights are flashing. The driver must bring the vehicle to a complete stop no closer than 15 feet from the school bus when the bus is stopped and the stop arm is extended, and the driver must remain stopped until the stop arm is retracted and the school bus resumes motion.
   A driver who violates any of these provisions (school bus provisions) commits a simple misdemeanor punishable by a fine of at least $340 but not more than $930 or by imprisonment for not more than 30 days, or by both. This fine is enhanced from the standard simple misdemeanor fine of at least $105 but not more than $855. However, the department of transportation (DOT) may require a person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the DOT in lieu of the DOT suspending the person’s driver’s license pursuant to Code section 321.210.
   The bill enhances and adds new criminal penalties if a driver violates the school bus provisions, but does not affect the option for a person to complete a driver improvement program in lieu of a driver’s license suspension for a first offense if no minor pedestrian is present outside of a school bus.
   Under the bill, a driver commits a serious misdemeanor if the violation occurs while a minor pedestrian is present outside of a school bus. The bill defines “minor pedestrian” for purposes of Code section 321.372(5). 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.
   Under the bill, a driver who strikes a minor pedestrian commits an aggravated misdemeanor.
   If a driver causes bodily injury, the driver commits 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.
   If a driver causes serious injury, defined by reference as a disabling mental illness, a bodily injury which (1) creates a substantial risk of death, (2) causes serious permanent disfigurement, or (3) causes protracted loss or impairment of the function of any bodily member or organ, and any injury to a child that requires surgical repair and necessitates the administration of general anesthesia, including but not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years, the driver commits 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.