House File 2176 - Introduced HOUSE FILE 2176 BY MEGGERS A BILL FOR An Act relating to operating a motor vehicle at excessive 1 speeds, providing penalties, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5747YH (4) 91 th/ns
H.F. 2176 Section 1. Section 321.210, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. The department shall immediately 3 suspend the driver’s license of a person without preliminary 4 hearing upon receiving a record of the person’s conviction for 5 exceeding a speed limit with a detected speed of one hundred 6 miles per hour or more. The department shall promptly notify 7 the person of the suspension. 8 Sec. 2. Section 321.277, subsection 1, Code 2026, is amended 9 to read as follows: 10 1. A person who drives any operates a vehicle in such manner 11 as to indicate either a willful or a wanton disregard for the 12 safety of persons or property , including but not limited to 13 operating a vehicle at a speed of one hundred miles per hour or 14 more, is guilty of reckless driving. 15 Sec. 3. Section 321.285, subsection 8, Code 2026, is amended 16 to read as follows: 17 8. A Except as provided in section 321.286, a person who 18 violates this section for excessive speed in violation of 19 a speed limit commits a simple misdemeanor punishable as a 20 scheduled violation under section 805.8A, subsection 5 . A 21 person who operates a school bus at a speed which exceeds a 22 limit established under this section by ten miles per hour or 23 less commits a simple misdemeanor punishable as a scheduled 24 violation under section 805.8A, subsection 10 . A person who 25 violates any other provision of this section commits a simple 26 misdemeanor. 27 Sec. 4. NEW SECTION . 321.286 Speeding in excess of 28 ninety-nine miles per hour. 29 A person who operates a motor vehicle with a detected 30 speed of one hundred miles per hour or more commits a simple 31 misdemeanor punishable as a scheduled violation under section 32 805.8A, subsection 5A, and is subject to all of the following: 33 1. The peace officer who detected the speed of one hundred 34 miles per hour or more shall issue a citation and may impound 35 -1- LSB 5747YH (4) 91 th/ns 1/ 6
H.F. 2176 the motor vehicle. 1 2. A court shall not accept a plea of guilty or nolo 2 contendere to a charge for a reduced excessive speed that would 3 be punished pursuant to section 321.285, subsection 8, or other 4 provision of law. 5 Sec. 5. Section 321.383, subsection 5, Code 2026, is amended 6 to read as follows: 7 5. A person who operates a self-propelled implement of 8 husbandry at a speed which exceeds the limit of thirty-five 9 miles per hour commits a simple misdemeanor punishable as a 10 scheduled violation under section 805.8A, subsection 5 or 5A . 11 Sec. 6. Section 321O.5, subsection 2, Code 2026, is amended 12 to read as follows: 13 2. The operator of a personal delivery device that violates 14 this section commits a simple misdemeanor punishable as a 15 scheduled violation under section 805.8A, subsection 5 or 5A . 16 Sec. 7. Section 805.8A, subsection 5, paragraph a, 17 unnumbered paragraph 1, Code 2026, is amended to read as 18 follows: 19 For Except as provided in subsection 5A, for excessive 20 speed violations in excess of the limit under section 321.236, 21 subsections 5 and 11 , section 321.285 , section 321.383, 22 subsection 5 , section 321O.5, subsection 1 , and section 23 461A.36 , the scheduled fine shall be the following: 24 Sec. 8. Section 805.8A, subsection 5, paragraph d, Code 25 2026, is amended to read as follows: 26 d. For Except as provided in subsection 5A, for a violation 27 under section 321.295 , the scheduled fine is seventy dollars. 28 Sec. 9. Section 805.8A, Code 2026, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5A. Excessive speed in excess of ninety-nine 31 miles per hour. For excessive speed violations with a detected 32 speed of one hundred miles per hour or more, the scheduled 33 fine is five hundred dollars plus five dollars for each mile 34 per hour of excessive speed over twenty miles per hour over 35 -2- LSB 5747YH (4) 91 th/ns 2/ 6
H.F. 2176 the limit under section 321.236, subsections 5 and 11, section 1 321.285, section 321.295, section 321.383, subsection 5, 2 section 321O.5, subsection 1, or section 461A.36. However, 3 paragraphs “b” and “c” of subsection 5 apply to excessive speed 4 violations described in those paragraphs. 5 Sec. 10. Section 805.8A, subsection 14, paragraph i, 6 unnumbered paragraph 1, Code 2026, is amended to read as 7 follows: 8 The scheduled fine for any moving traffic violation under 9 chapter 321 , as provided in this section , shall be doubled if 10 the violation occurs within any road work zone, as defined in 11 section 321.1 . However, notwithstanding subsection 5 or 5A , 12 the scheduled fine for violating the speed limit in a road work 13 zone is as follows: 14 Sec. 11. Section 805.10, subsection 1, Code 2026, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . f. When the violation charged involved a 17 person operating a motor vehicle in excess of one hundred ten 18 miles per hour, or in excess of fifty miles per hour over the 19 speed limit. 20 Sec. 12. Section 805.10, subsection 2, Code 2026, is amended 21 to read as follows: 22 2. In such cases, the defendant shall appear before the 23 court and regular procedure shall apply. If an information 24 is used, the officer shall endorse thereon, “Court appearance 25 required”. If a citation and complaint is used, the officer 26 shall strike out the space in which the defendant may admit 27 the violation before a scheduled violations office and shall 28 endorse thereon “Court appearance required” and the defendant 29 shall appear before the court either in person or by attorney , 30 unless the defendant is required to appear pursuant to 31 subsection 1, paragraph “f” , in which case the defendant shall 32 appear in person . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5747YH (4) 91 th/ns 3/ 6
H.F. 2176 the explanation’s substance by the members of the general assembly. 1 Under current law, the department of transportation (DOT) is 2 authorized to establish rules providing for the suspension of 3 the driver’s license of an operator upon 30 days’ notice under 4 certain circumstances. This bill requires the DOT to suspend 5 the driver’s license of a person who is convicted of exceeding 6 a speed limit with a detected speed of 100 miles per hour (MPH) 7 or more without the 30 days’ notice. The DOT must promptly 8 notify the person of a license suspension under the bill. 9 Pursuant to current law, the DOT is prohibited from suspending 10 the license for more than one year. When used in Code chapter 11 321 (motor vehicles and law of the road), “conviction” is 12 defined to mean a final conviction, including but not limited 13 to a plea of guilty or nolo contendere accepted by the court, a 14 final administrative ruling or determination, or an unvacated 15 forfeiture of bail or collateral deposited to secure a person’s 16 appearance in court. 17 Under current law, a person who drives a vehicle in such 18 manner as to indicate either a willful or a wanton disregard 19 for the safety of persons or property is guilty of reckless 20 driving in violation of Code section 321.277. A person 21 convicted of reckless driving commits a simple misdemeanor. A 22 simple misdemeanor is punishable by confinement for no more 23 than 30 days and a fine of at least $105 but not more than $855. 24 The bill provides that operating a vehicle at a speed of 100 25 MPH or more is reckless driving. 26 By operation of law, a person who drives recklessly in 27 violation of Code section 321.277, as amended by the bill, 28 commits a class “C” felony if the violation unintentionally 29 causes the death of another, and commits a class “D” felony 30 if the violation unintentionally causes a serious injury (see 31 Code section 707.6A —— homicide or serious injury by vehicle). 32 Under current law, Code section 707.6A also applies if a 33 person, other than a member of a public safety agency, exceeds 34 the posted speed limit by 25 MPH or more and unintentionally 35 -4- LSB 5747YH (4) 91 th/ns 4/ 6
H.F. 2176 causes death or serious injury, if the speeding violation is 1 the proximate cause of the death or injury. A class “C” felony 2 is punishable by confinement for no more than 10 years and a 3 fine of at least $1,370 but not more than $13,660. A class “D” 4 felony is punishable by confinement for no more than five years 5 and a fine of at least $1,025 but not more than $10,245. 6 Under current law, a person who operates a motor vehicle 7 in excess of a speed limit under Code section 321.236(5, 8 11) (public parks and alleys), 321.285 (speed restrictions 9 generally), 321.383(5) (implements of husbandry), 321O.5(1) 10 (personal delivery devices), or 461A.36 (state parks and 11 preserves) commits a simple misdemeanor punishable by a 12 scheduled fine that varies depending on the excessive speed. 13 The fine ranges from $30 for a speed in excess of the limit by 14 not more than 5 MPH to $135 plus $5 for each MPH of excessive 15 speed over 20 MPH over the limit. 16 The bill creates a new scheduled fine for exceeding a speed 17 limit with a detected speed of 100 MPH or more. The fine is 18 $500 plus $5 for each MPH of excessive speed over 20 MPH over 19 the limit. The peace officer who detected the speed in excess 20 of 100 MPH is authorized to impound the motor vehicle after 21 issuing a citation. A court is prohibited from accepting a 22 plea to a charge for reduced excessive speed under 100 MPH that 23 would be punishable pursuant to current law. 24 Under the bill, an applicable violation of a speed limit on 25 a bridge or elevated structure (Code section 321.295), which 26 is $70 under current law, is subject to the new scheduled 27 fine. The bill does not change the punishment for excessive 28 speed by a school bus of more than 10 miles per hour in excess 29 of the limit, or excessive speed in any amount in conjunction 30 with drag racing, both of which are simple misdemeanors that 31 are not scheduled violations. The bill also does not change 32 the applicability of scheduled fines for speeding in road work 33 zones, the maximum fine for which is $1,285 for speed greater 34 than 25 MPH over the posted speed limit. 35 -5- LSB 5747YH (4) 91 th/ns 5/ 6
H.F. 2176 Current law authorizes a defendant, in scheduled violation 1 cases, to sign the admission of violation on the citation and 2 complaint and deliver the citation and complaint, or a copy of 3 such, with the minimum fine, plus court costs, to a scheduled 4 violations office in the county before the time specified in 5 the citation and complaint for appearance before the court. 6 The bill instead requires a defendant to appear in person when 7 the violation charged involved a person operating a motor 8 vehicle in excess of 110 MPH, or in excess of 50 MPH over the 9 speed limit. 10 Pursuant to current law, a person who willfully fails to 11 appear in court commits a simple misdemeanor, and the court is 12 required to issue an arrest warrant for the offense of failure 13 to appear. 14 -6- LSB 5747YH (4) 91 th/ns 6/ 6