Senate Study Bill 1068 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 1401XC (4) 90 as/ns

S.F. _____ 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 adding the following new paragraph: 22 NEW PARAGRAPH . 0b. The driver of a motor vehicle who 23 commits a violation under this subsection and who has 24 previously committed a violation under subsection 1 or 2 is, 25 upon conviction, guilty of a class “C” felony. 26 Sec. 4. Section 321.279, subsection 3, paragraph b, Code 27 2023, is amended to read as follows: 28 b. The driver of a motor vehicle who commits a second or 29 subsequent violation under this subsection is, upon conviction, 30 guilty of a class “C” “B” felony. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to eluding or attempting to elude a 35 -1- LSB 1401XC (4) 90 as/ns 1/ 2

S.F. _____ pursuing law enforcement vehicle (eluding). 1 Current law generally provides that a driver of a motor 2 vehicle who commits a second or subsequent eluding violation 3 is subject to an enhanced penalty if the second or subsequent 4 violation is found under the same Code subsection as the prior 5 violation. 6 The bill amends current law to provide that a person who 7 commits a second or subsequent eluding violation is subject to 8 an enhanced penalty regardless of the Code subsection under 9 which the person was previously convicted. 10 The bill increases the penalty for eluding when a driver 11 exceeds the speed limit by 25 miles per hour or more from an 12 aggravated misdemeanor to a class “D” felony. The penalty for 13 a second or subsequent violation is increased from a class “D” 14 felony to a class “C” felony. The bill also increases the 15 penalty for eluding and exceeding the speed limit by 25 miles 16 per hour or more where the driver is participating in a public 17 offense that is a felony, the driver is operating while under 18 the influence of alcohol or a drug, the driver is in violation 19 of Code section 124.401 (manufacture, delivery, or possession 20 of a counterfeit substance, simulated controlled substance, 21 or imitation controlled substance), or the offense results in 22 bodily injury to a person other than the driver, and who has 23 previously been convicted of the same offense, from a class “C” 24 felony to a class “B” felony. If the person was previously 25 convicted of a violation under another Code subsection, the 26 subsequent violation is a class “C” felony. A class “D” felony 27 is punishable by confinement for no more than five years and a 28 fine of at least $1,025 but not more than $10,245. A class “C” 29 felony is punishable by confinement for no more than 10 years 30 and a fine of at least $1,370 but not more than $13,660. A 31 class “B” felony is punishable by confinement for no more than 32 25 years. 33 -2- LSB 1401XC (4) 90 as/ns 2/ 2