Senate File 230 - Introduced SENATE FILE 230 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1068) A BILL FOR An Act relating to eluding or attempting to elude a pursuing 1 law enforcement vehicle, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1401SV (2) 90 as/ns

S.F. 230 Section 1. 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. 2. 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. 3. Section 321.279, subsection 3, Code 2023, is amended 21 by striking the subsection. 22 Sec. 4. 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. 5. 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. 6. Section 907.3, subsection 2, paragraph a, 35 -1- LSB 1401SV (2) 90 as/ns 1/ 3

S.F. 230 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). 10 Current law generally provides that a driver of a motor 11 vehicle who commits a second or subsequent eluding violation 12 is subject to an enhanced penalty if the second or subsequent 13 violation is found under the same Code subsection as the prior 14 violation. The bill amends current law to provide that a 15 person who commits a second or subsequent eluding violation 16 is subject to an enhanced penalty regardless of the Code 17 subsection under which the person was previously convicted. 18 The bill increases the penalty for eluding when a driver 19 exceeds the speed limit by 25 miles per hour or more (Code 20 section 321.279(2)) from an aggravated misdemeanor to a class 21 “D” felony. The penalty for a second or subsequent violation 22 is increased from a class “D” felony to a class “C” felony. A 23 class “D” felony is punishable by confinement for no more than 24 five years and a fine of at least $1,025 but not more than 25 $10,245. A class “C” felony is punishable by confinement for 26 no more than 10 years and a fine of at least $1,370 but not more 27 than $13,660. 28 Because the bill makes the penalties for a violation of 29 Code section 321.279(2) identical to Code section 321.279(3) 30 (eluding and exceeding the speed limit by 25 miles per hour 31 or more while participating in a felony, operating while 32 intoxicated, violating Code section 124.401 (manufacture, 33 delivery, or possession of a counterfeit substance, simulated 34 controlled substance, or imitation controlled substance), or 35 -2- LSB 1401SV (2) 90 as/ns 2/ 3

S.F. 230 causing bodily injury to a person other than the driver), the 1 bill strikes Code section 321.279(3) and makes corresponding 2 changes. 3 -3- LSB 1401SV (2) 90 as/ns 3/ 3