House File 536 - Reprinted HOUSE FILE 536 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 301) (As Amended and Passed by the House March 9, 2023 ) A BILL FOR An Act concerning penalties relating to drug paraphernalia and 1 certain traffic offenses, providing penalties, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 536 (2) 90 th/ns/md

H.F. 536 Section 1. Section 124.401, subsection 5, paragraph a, Code 1 2023, is amended to read as follows: 2 a. It is unlawful for any person knowingly or intentionally 3 to possess a controlled substance unless such substance was 4 obtained directly from, or pursuant to, a valid prescription 5 or order of a practitioner while acting in the course of the 6 practitioner’s professional practice, or except as otherwise 7 authorized by this chapter . Any person who violates this 8 subsection is guilty of a serious misdemeanor for a first 9 offense. A person who commits a violation of this subsection 10 and who has previously been convicted of violating this chapter 11 or chapter 124B or 453B , or chapter 124A as it existed prior to 12 July 1, 2017, is guilty of an aggravated misdemeanor. A person 13 who commits a violation of this subsection and has previously 14 been convicted two or more times of violating this chapter or 15 chapter 124B or 453B , or chapter 124A as it existed prior to 16 July 1, 2017, is guilty of a class “D” felony. For purposes 17 of this paragraph, a conviction for violating section 124.414 18 shall not be considered a previous conviction for violating 19 this chapter. 20 Sec. 2. Section 124.411, subsection 3, Code 2023, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . c. An offense under section 124.414. 23 Sec. 3. Section 124.414, subsection 3, Code 2023, is amended 24 to read as follows: 25 3. A person who violates this section commits a simple 26 misdemeanor punishable as a scheduled violation under section 27 805.8C . 28 Sec. 4. Section 321.277, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. A person who drives any vehicle in such manner as to 31 indicate either a willful or a wanton disregard for the safety 32 of persons or property is guilty of reckless driving. It shall 33 be prima facie evidence of a violation of this section if a 34 person does any of the following: 35 -1- HF 536 (2) 90 th/ns/md 1/ 4

H.F. 536 a. Exceeds the posted speed limit by thirty-five miles per 1 hour or more. 2 b. Violates section 321.304, subsection 1. 3 Sec. 5. Section 321.323A, subsection 1, Code 2023, is 4 amended to read as follows: 5 1. The operator of a motor vehicle approaching a stationary 6 or slow-moving authorized emergency vehicle , towing or recovery 7 vehicle, utility maintenance vehicle, municipal maintenance 8 vehicle, highway maintenance vehicle, construction vehicle, or 9 solid waste or recycling collection service vehicle that is 10 displaying flashing lights, as permitted under section 321.423 , 11 or a stationary motor vehicle that is continually displaying 12 emergency signal lamps flashing simultaneously, shall approach 13 the authorized emergency vehicle with due caution and shall 14 proceed in one of the following manners, absent any other 15 direction by a peace officer: 16 a. Make a lane change into a lane not adjacent to the 17 authorized emergency vehicle if possible in the existing safety 18 and traffic conditions. 19 b. If a lane change under paragraph “a” would be impossible, 20 prohibited by law, or unsafe, reduce the speed of the motor 21 vehicle to a reasonable and proper speed for the existing road 22 and traffic conditions, which speed shall be at least twenty 23 miles per hour less than the posted speed limit if on a highway 24 that is not part of a municipal street system , and which speed 25 shall be less than the posted speed limit if on a part of a 26 municipal street system, and be prepared to stop. 27 Sec. 6. Section 321.323A, subsection 2, Code 2023, is 28 amended by striking the subsection and inserting in lieu 29 thereof the following: 30 2. For purposes of this section, “slow-moving” means that a 31 vehicle described in subsection 1 is being operated at a speed 32 of fifteen miles per hour or less by a person in connection 33 with the person’s official job duties on, along, or adjacent 34 to the roadway. 35 -2- HF 536 (2) 90 th/ns/md 2/ 4

H.F. 536 Sec. 7. Section 321.323A, subsection 3, Code 2023, is 1 amended by striking the subsection. 2 Sec. 8. Section 321.323A, subsection 4, paragraph a, Code 3 2023, is amended to read as follows: 4 a. A person convicted of a violation of this section commits 5 a simple misdemeanor punishable as a scheduled violation under 6 section 805.8A, subsection 11 11A . 7 Sec. 9. Section 321.323A, subsection 4, paragraph b, 8 unnumbered paragraph 1, Code 2023, is amended to read as 9 follows: 10 A person convicted of a violation of this section which 11 resulted in an accident causing bodily injury to or the death 12 of another person may be subject to the following penalties 13 in addition to the penalty provided for a scheduled violation 14 in section 805.8A, subsection 11 11A , or any other penalty 15 provided by law: 16 Sec. 10. Section 321A.17, subsection 4, Code 2023, is 17 amended to read as follows: 18 4. An individual applying for a driver’s license following a 19 period of suspension or revocation pursuant to a dispositional 20 order issued under section 232.52, subsection 2 , paragraph 21 “a” , or under section 321.180B , section 321.210, subsection 22 1 , paragraph “a” , subparagraph (4), or section 321.210A , 23 321.213A , 321.213B , 321.216B , or 321.513 , following a period 24 of suspension or revocation under section 321.178 or 321.194 , 25 or section 321.372, subsection 3 , or following a period of 26 revocation pursuant to a court order issued under section 27 321J.2A , is not required to maintain proof of financial 28 responsibility under this section . 29 Sec. 11. Section 805.8A, subsection 3, paragraph ai, Code 30 2023, is amended to read as follows: 31 ai. Section 321.438 . . . . . . . . . . . . . . . . . . . $ 70 35 . 32 Sec. 12. Section 805.8A, subsection 5, paragraph a, 33 subparagraph (5), Code 2023, is amended to read as follows: 34 (5) One hundred thirty-five dollars plus five ten dollars 35 -3- HF 536 (2) 90 th/ns/md 3/ 4

H.F. 536 for each mile per hour of excessive speed over twenty miles per 1 hour over the limit. 2 Sec. 13. Section 805.8A, subsection 5, Code 2023, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . 0d. For a violation of section 321.285 that 5 does not involve driving a motor vehicle on a highway in excess 6 of a posted speed limit, the scheduled fine is one hundred 7 thirty-five dollars. 8 Sec. 14. Section 805.8A, subsection 11, paragraph a, 9 subparagraph (2), Code 2023, is amended by striking the 10 subparagraph. 11 Sec. 15. Section 805.8A, subsection 11, paragraph b, Code 12 2023, is amended by striking the paragraph. 13 Sec. 16. Section 805.8A, Code 2023, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 11A. Violations relating to approach of 16 stationary or slow-moving vehicles. For violations of section 17 321.323A, the scheduled fine is one hundred thirty-five 18 dollars. 19 Sec. 17. Section 805.8A, subsection 14, paragraph c, 20 subparagraph (1), Code 2023, is amended to read as follows: 21 (1) For a violation under section 321.445 , the scheduled 22 fine is seventy fifty dollars. 23 Sec. 18. Section 805.8C, Code 2023, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 3A. Drug paraphernalia violations. 26 a. For a first violation of section 124.414, the scheduled 27 fine is two hundred sixty dollars. 28 b. For a second or subsequent violation of section 124.414, 29 the scheduled fine is five hundred twenty dollars. 30 -4- HF 536 (2) 90 th/ns/md 4/ 4