HF 41 (LSB 1107YH (1) 91)

HOUSE FILE 41

BY  MEGGERS

A BILL FOR

An Act relating to additional penalties for violations for failing to reduce speed when required or otherwise control a motor vehicle that result in serious injury or death.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.482A, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 5, paragraph “d”, section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.288, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,  321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333,  section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
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, Code section 321.288 requires a person operating a motor vehicle to control the vehicle at all times and reduce the speed of the vehicle to a reasonable and proper rate when approaching a pedestrian walking or an animal being led, ridden, or driven on a highway; when approaching and traversing a crossing, intersection, sharp turn, curve, or steep descent on a highway; when approaching and passing an emergency warning device, emergency vehicle displaying revolving or flashing lights, or slow-moving vehicle displaying reflective devices; and when approaching and passing through a work zone. The scheduled fine for a violation of Code section 321.288 is $135. Code section 321.482A sets forth additional penalties applicable when a person is convicted of operating a motor vehicle in violation of certain Code sections in Code chapter 321 (motor vehicles and law of the road) if such violation causes serious injury to or the death of another person.
   This bill adds Code section 321.288 to the list of violations subject to additional penalties under Code section 321.482A.  When a person is convicted of a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license or operating privileges for not more than 90 days, or both. When a person is convicted of a violation causing death, the additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.