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Senate Study Bill 1011 - IntroducedA Bill ForAn Act 1relating to unintentionally causing the death of a
2person by operating a motor vehicle at an excessive speed,
3providing penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.6A, subsection 2, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Exceeding a speed limit established or
4posted pursuant to section 262.68, section 321.236, subsection
55 or 11, section 321.236, subsection 13, paragraph “a”, section
6321.285, section 321.288, subsection 2, paragraph “f”, or
7section 321.289, 321.290, 321.293, 321.295, or 461A.36, by
8twenty-five miles per hour or more, if the death of the other
9person directly or indirectly results from the violation. This
10paragraph does not apply to a member of a public safety agency,
11as defined in section 34.1, performing official duties.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that a person commits a class “C” felony
16when the person unintentionally causes the death of another
17by exceeding a speed limit established or posted pursuant
18to Code section 262.68 (speed limits on board of regents
19grounds), Code section 321.236(5) (power of local authorities
20to regulate speed in public parks) or (11) (power of local
21authorities to regulate speed in public alleys), Code section
22321.236(13)(a) (power of local authorities to regulate speed
23in rural residence districts), Code section 321.285 (general
24speed restrictions), Code section 321.288(2)(f) (reduced speed
25in road work zones), or Code section 321.289 (speed signs),
26321.290 (special restrictions), 321.293 (local authorities
27may alter limits), 321.295 (limitation on bridge or elevated
28structures), or 461A.36 (speed limits in state parks and
29preserves), by 25 miles per hour or more, if the death of the
30other person directly or indirectly results from the violation.
31A class “C” felony is punishable by imprisonment for no more
32than 10 years and a fine of at least $1,000 but not more than
33$10,000. The bill exempts members of a public safety agency
34performing official duties from this provision.
35By operation of law, a person who commits a violation
-1-1under the bill is subject to driver’s license suspension for
2vehicular homicide (Code section 321.210D) and is disqualified
3from operating a commercial motor vehicle for one year (Code
4section 321.208). In addition, the person is prohibited from
5being admitted to bail during the appeal process (Code section
6811.1). If the person fails to remain at the scene of the
7accident in violation of Code section 321.261, the person
8must also be denied parole or work release until the person
9has served at least seven-tenths of the maximum term of the
10person’s sentence (Code section 902.12).
11Under Code section 707.6A(4), a person who unintentionally
12causes a serious injury by the means described in the bill is
13guilty of a class “D” felony. A class “D” felony is punishable
14by confinement for no more than five years and a fine of at
15least $750 but not more than $7,500.
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2person by operating a motor vehicle at an excessive speed,
3providing penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.6A, subsection 2, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Exceeding a speed limit established or
4posted pursuant to section 262.68, section 321.236, subsection
55 or 11, section 321.236, subsection 13, paragraph “a”, section
6321.285, section 321.288, subsection 2, paragraph “f”, or
7section 321.289, 321.290, 321.293, 321.295, or 461A.36, by
8twenty-five miles per hour or more, if the death of the other
9person directly or indirectly results from the violation. This
10paragraph does not apply to a member of a public safety agency,
11as defined in section 34.1, performing official duties.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that a person commits a class “C” felony
16when the person unintentionally causes the death of another
17by exceeding a speed limit established or posted pursuant
18to Code section 262.68 (speed limits on board of regents
19grounds), Code section 321.236(5) (power of local authorities
20to regulate speed in public parks) or (11) (power of local
21authorities to regulate speed in public alleys), Code section
22321.236(13)(a) (power of local authorities to regulate speed
23in rural residence districts), Code section 321.285 (general
24speed restrictions), Code section 321.288(2)(f) (reduced speed
25in road work zones), or Code section 321.289 (speed signs),
26321.290 (special restrictions), 321.293 (local authorities
27may alter limits), 321.295 (limitation on bridge or elevated
28structures), or 461A.36 (speed limits in state parks and
29preserves), by 25 miles per hour or more, if the death of the
30other person directly or indirectly results from the violation.
31A class “C” felony is punishable by imprisonment for no more
32than 10 years and a fine of at least $1,000 but not more than
33$10,000. The bill exempts members of a public safety agency
34performing official duties from this provision.
35By operation of law, a person who commits a violation
-1-1under the bill is subject to driver’s license suspension for
2vehicular homicide (Code section 321.210D) and is disqualified
3from operating a commercial motor vehicle for one year (Code
4section 321.208). In addition, the person is prohibited from
5being admitted to bail during the appeal process (Code section
6811.1). If the person fails to remain at the scene of the
7accident in violation of Code section 321.261, the person
8must also be denied parole or work release until the person
9has served at least seven-tenths of the maximum term of the
10person’s sentence (Code section 902.12).
11Under Code section 707.6A(4), a person who unintentionally
12causes a serious injury by the means described in the bill is
13guilty of a class “D” felony. A class “D” felony is punishable
14by confinement for no more than five years and a fine of at
15least $750 but not more than $7,500.
-2-ns/rh