HF 2658 (LSB 5743HV (2) 91)

HOUSE FILE 2658

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2561)

A BILL FOR

An Act relating to street takeovers, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.209, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  For a first violation for participating in a street takeover.
   NEW SUBSECTION.  5B.  For a second violation for participating in a street takeover, and the department shall not grant an application for a new license until the expiration of two years after the revocation.
   NEW SUBSECTION.  5C.  For a third or subsequent violation for participating in a street takeover, and the department shall not grant an application for a new license until the expiration of four years after the revocation.
    Sec. 2.  NEW SECTION.  321.277B  Street takeovers.
   1.  A person shall not participate in a street takeover.
   a.  For a first violation, a person commits a simple misdemeanor punishable by a fine of at least five hundred dollars but not to exceed two thousand dollars and the department shall revoke the person’s driver’s license in accordance with section 321.209, subsection 5A.
   b.  For a second violation, a person commits a serious misdemeanor. The court shall impose a fine of at least two thousand five hundred dollars but not to exceed four thousand dollars and the court may also order imprisonment not to exceed one year. The department shall revoke the person’s driver’s license in accordance with section 321.209, subsection 5B.
   c.  For a third or subsequent violation, a person commits a class “D” felony. The court shall impose a fine of at least three thousand five hundred dollars but not to exceed seven thousand five hundred dollars and the court may also order imprisonment not to exceed five years. The department shall revoke the person’s driver’s license in accordance with section 321.209, subsection 5C.
   d.  A peace officer shall impound the motor vehicle used in a street takeover for thirty days. An unclaimed motor vehicle impounded under this paragraph is subject to section 321.89.
   2.  A person shall not organize a street takeover. A person who violates this subsection commits a serious misdemeanor.
   3.  A person shall not spectate at a street takeover. A person who violates this subsection commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 9, paragraph “0e”.
   4.  If a person spectating at or participating in a street takeover blocks or prevents a peace officer from intervening in any manner, the person commits interference with official acts, in violation of section 719.1, and upon conviction, shall be imprisoned for not less than two days in addition to any other penalty.
   5.  For purposes of this section, “street takeover” means an event involving the operation of a motor vehicle in violation of section 321.277, 321.277A, or 321.278, with at least three motor vehicles present or one or more spectators present.
    Sec. 3.  Section 805.8A, subsection 9, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  Section 321.277B $ 400.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits street takeovers, an event involving the operation of a motor vehicle in violation of Code section 321.277 (reckless driving), 321.277A (careless driving), or 321.278 (drag racing), with at least three motor vehicles present or one or more spectators present.
   A person who participates in a street takeover is subject to escalating penalties depending on the number of times the person has participated in a street takeover, ranging from a $500 fine to a $7,500 fine and confinement for no more than five years. Additionally, the department of transportation is required to revoke the driver’s license of a person who participates in a street takeover for one to four years, depending on the number of prior violations.
   The bill requires a peace officer to impound the motor vehicle used in a street takeover for 30 days. An unclaimed motor vehicle is subject to Code section 321.89 (abandoned vehicles).
   A person who organizes a street takeover commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   A person who spectates at a street takeover commits a simple misdemeanor punishable by a $400 scheduled fine.
   If a person spectating at or participating in a street takeover blocks or prevents a peace officer from intervening in any manner, the person commits interference with official acts (Code section 719.1), and upon conviction, must be imprisoned for not less than two days in addition to any other penalty. A violation of Code section 719.1 ranges from a simple misdemeanor to a class “D” felony. 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. 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.