House File 358 - Introduced HOUSE FILE 358 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 83) A BILL FOR An Act relating to eluding or attempting to elude a pursuing 1 law enforcement vehicle, providing for temporary restricted 2 licenses, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1401HV (3) 90 as/ns

H.F. 358 Section 1. Section 321.215, subsection 1, paragraph b, Code 1 2023, is amended to read as follows: 2 b. However, a temporary restricted license shall not be 3 issued to a person whose license is revoked pursuant to a court 4 order issued under section 321.209, subsections 1 through 5 or 5 subsection 7 ; to a juvenile whose license has been suspended 6 or revoked pursuant to a dispositional order under section 7 232.52, subsection 2 , paragraph “a” , for a violation of chapter 8 124 or 453B or section 126.3 ; to a juvenile whose license has 9 been suspended under section 321.213B ; or to a person whose 10 license has been suspended pursuant to a court order under 11 section 714.7D . A temporary restricted license may be issued 12 to a person whose license is revoked under section 321.209, 13 subsection 6 , only if the person has no previous drag racing 14 convictions. A person holding a temporary restricted license 15 issued by the department under this section shall not operate 16 a motor vehicle for pleasure. 17 Sec. 2. Section 321.215, subsection 2, unnumbered paragraph 18 1, Code 2023, is amended to read as follows: 19 Upon conviction and the suspension or revocation of a 20 person’s noncommercial driver’s license under section 321.209, 21 subsection 5 , or 6 , or 7, or section 321.210 , 321.210A , or 22 321.513 ; or upon the denial of issuance of a noncommercial 23 driver’s license under section 321.560 , based solely on 24 offenses enumerated in section 321.555, subsection 1 , paragraph 25 “c” , or section 321.555, subsection 2 ; or upon suspension 26 or revocation of a juvenile’s driver’s license pursuant 27 to a dispositional order under section 232.52, subsection 28 2 , paragraph “a” , for a violation of chapter 124 or 453B , 29 or section 126.3 ; or upon suspension of a driver’s license 30 pursuant to a court order under section 714.7D , the person may 31 apply to the department for a temporary restricted license to 32 operate a motor vehicle for the limited purpose or purposes 33 specified in subsection 1 . The application may be granted only 34 if all of the following criteria are satisfied: 35 -1- LSB 1401HV (3) 90 as/ns 1/ 4

H.F. 358 Sec. 3. Section 321.279, subsection 1, paragraph b, Code 1 2023, is amended to read as follows: 2 b. The driver of a motor vehicle who commits a second 3 or subsequent violation under this subsection and who has 4 previously committed any violation under this section is, upon 5 conviction, guilty of an aggravated misdemeanor. 6 Sec. 4. Section 321.279, subsection 2, Code 2023, is amended 7 to read as follows: 8 2. a. The driver of a motor vehicle commits an aggravated 9 misdemeanor a class “D” felony if the driver willfully fails 10 to bring the motor vehicle to a stop or otherwise eludes or 11 attempts to elude a marked or unmarked official law enforcement 12 vehicle that is driven by a peace officer after being given a 13 visual and audible signal as provided in this section and in 14 doing so exceeds the speed limit by twenty-five miles per hour 15 or more. 16 b. The driver of a motor vehicle who commits a violation 17 under this subsection and who has previously committed a any 18 violation under this subsection or subsection 3 section is, 19 upon conviction, guilty of a class “D” “C” felony. 20 Sec. 5. Section 321.279, subsection 3, Code 2023, is amended 21 by striking the subsection. 22 Sec. 6. Section 321J.2, subsection 3, paragraph b, 23 subparagraph (2), subparagraph division (f), Code 2023, is 24 amended to read as follows: 25 (f) If the offense was committed while also in violation of 26 section 321.279, subsection 3 , paragraph “a” , subparagraph (2) 27 2 . 28 Sec. 7. Section 907.3, subsection 1, paragraph a, 29 subparagraph (6), subparagraph division (f), Code 2023, is 30 amended to read as follows: 31 (f) If the offense was committed while also in violation of 32 section 321.279, subsection 3 , paragraph “a” , subparagraph (2) 33 2 . 34 Sec. 8. Section 907.3, subsection 2, paragraph a, 35 -2- LSB 1401HV (3) 90 as/ns 2/ 4

H.F. 358 subparagraph (2), subparagraph division (f), Code 2023, is 1 amended to read as follows: 2 (f) The offense is a was committed while also in violation 3 of section 321.279, subsection 3 , paragraph “a” , subparagraph 4 (2) 2 . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to eluding or attempting to elude a 9 pursuing law enforcement vehicle (eluding), and provides for 10 temporary restricted licenses. 11 Under current law, persons convicted of eluding are not 12 eligible to be issued a temporary restricted license (TRL) (a 13 license issued to persons with suspended or revoked driver’s 14 licenses to drive for limited purposes including employment, 15 health care, education, substance use treatment, community 16 service, and appointments with parole or probation officers). 17 The bill authorizes persons convicted of eluding to be issued 18 a TRL upon demonstrating a case of hardship or circumstances 19 where alternative means of transportation do not exist and upon 20 providing proof of financial responsibility. 21 Current law generally provides that a driver of a motor 22 vehicle who commits a second or subsequent eluding violation 23 is subject to an enhanced penalty if the second or subsequent 24 violation is found under the same Code subsection as the prior 25 violation. The bill amends current law to provide that a 26 person who commits a second or subsequent eluding violation 27 is subject to an enhanced penalty regardless of the Code 28 subsection under which the person was previously convicted. 29 The bill increases the penalty for eluding when a driver 30 exceeds the speed limit by 25 miles per hour or more (Code 31 section 321.279(2)) from an aggravated misdemeanor to a class 32 “D” felony. The penalty for a second or subsequent violation 33 is increased from a class “D” felony to a class “C” felony. A 34 class “D” felony is punishable by confinement for no more than 35 -3- LSB 1401HV (3) 90 as/ns 3/ 4

H.F. 358 five years and a fine of at least $1,025 but not more than 1 $10,245. A class “C” felony is punishable by confinement for 2 no more than 10 years and a fine of at least $1,370 but not more 3 than $13,660. 4 Because the bill makes the penalties for a violation of 5 Code section 321.279(2) identical to Code section 321.279(3) 6 (eluding and exceeding the speed limit by 25 miles per hour 7 or more while participating in a felony, operating while 8 intoxicated, violating Code section 124.401 (manufacture, 9 delivery, or possession of a counterfeit substance, simulated 10 controlled substance, or imitation controlled substance), or 11 causing bodily injury to a person other than the driver), the 12 bill strikes Code section 321.279(3) and makes corresponding 13 changes. 14 -4- LSB 1401HV (3) 90 as/ns 4/ 4