HF 231 (LSB 1089YH (2) 91)

HOUSE FILE 231

BY  MEGGERS

A BILL FOR

An Act relating to reckless driving and excessive speed, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.277, subsection 1, Code 2025, is amended to read as follows:
   1.  A person who drives any a vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property, including but not limited to by exceeding a speed limit by twenty-one miles per hour or more, is guilty of reckless driving.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, driving in excess of the speed limit is a simple misdemeanor punishable by a scheduled fine based on the excessive speed, ranging from $30 to $135 plus $5 for each mile per hour (MPH) of excessive speed over 20 MPH over the limit, with increased fines for violations in road work zones.
   Also under current law, a person who drives a vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving, in violation of Code section 321.277. A person convicted for “reckless driving” commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   This bill provides that exceeding the speed limit by 21 MPH or more is reckless driving.
   By operation of law, a person who drives recklessly in violation of Code section 321.277, as amended by the bill, commits a class “C” felony if the violation unintentionally causes the death of another, and commits a class “D” felony if the violation unintentionally causes a serious injury (see Code section 707.6A —— homicide or serious injury by vehicle). Under current law, Code section 707.6A also applies if a person, other than a member of a public safety agency, exceeds the posted speed limit by 25 MPH or more and unintentionally causes death or serious injury, if the speeding violation is the proximate cause of the death or injury.
   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. 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.