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House Study Bill 118 - IntroducedA Bill ForAn Act 1relating to motor vehicle accidents resulting in injury
2or death, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.209, subsection 3, Code 2021, is
2amended to read as follows:
33. Failure to stop and render aid as required under the laws
4of this state or to otherwise comply with section 321.261 in
5the event of a motor vehicle accident resulting in the death
6or personal injury of another.
7 Sec. 2. Section 321.261, subsection 1, Code 2021, is amended
8to read as follows:
91. a. The driver of any vehicle who knows or has reason to
10believe that the driver’s vehicle was involved in an accident
11resulting in injury to or death of any person shall immediately
12stop the vehicle at the scene of the accident or as close as
13possible and if able, shall then return to and remain at the
14scene of the accident in accordance with section 321.263.
15Every such stop shall be made without obstructing traffic more
16than is necessary.
17b. If the driver of a vehicle leaves the scene of an
18accident resulting in injury to or death of a person without
19knowledge or reason to believe that the driver’s vehicle was
20involved in the accident, and later discovers that the driver’s
21vehicle may have been involved in an accident that resulted in
22injury to or death of a person, the driver shall, as soon as
23reasonably possible, make a good-faith effort to immediately
24contact emergency services or make a 911 call and provide the
25dispatcher with any requested information described in section
26321.263 and the location and possible time of the accident.
27 Sec. 3. Section 321.555, subsection 1, paragraph f, Code
282021, is amended to read as follows:
29f. Failure to stop and leave information, or to render aid
30as required by, or to otherwise comply with sections 321.261
31and 321.263.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35Under current law, the driver of a vehicle involved in an
-1-1accident resulting in injury to or death of a person must
2immediately stop the vehicle at the scene of the accident or
3as close as possible and if able, must then return to and
4remain at the scene of the accident. This bill applies the
5provision to a driver who knows or has reason to believe that
6the driver’s vehicle was involved in an accident resulting in
7injury to or death of a person.
8The bill provides that if a driver leaves the scene of an
9accident resulting in injury to or death of a person without
10knowledge or reason to believe that the driver’s vehicle was
11involved in the accident, and later discovers that the driver’s
12vehicle may have been involved in an accident that resulted in
13injury to or death of a person, the driver must, as soon as
14reasonably possible, make a good-faith effort to immediately
15contact emergency services or make a 911 call and provide
16the dispatcher with any requested information described in
17Code section 321.263 and the location and possible time of
18the accident. Under Code section 321.263, such information
19includes the driver’s name, address, registration number of
20the vehicle or other information on the registration receipt,
21driver’s license information, and other identification data.
22A person who violates Code section 321.261 relating to
23an accident resulting in an injury is guilty of a serious
24misdemeanor. A serious misdemeanor is punishable by
25confinement for no more than one year and a fine of at least
26$430 but not more than $2,560. A person who violates Code
27section 321.261 relating to an accident resulting in a serious
28injury is guilty of an aggravated misdemeanor. An aggravated
29misdemeanor is punishable by confinement for no more than two
30years and a fine of at least $855 but not more than $8,540.
31A person who violates Code section 321.261 relating to an
32accident resulting in death is guilty of a class “D” felony.
33A class “D” felony is punishable by confinement for no more
34than five years and a fine of at least $1,025 but not more
35than $10,245. A violation of Code section 321.261 is subject
-2-1to mandatory driver’s license revocation under Code section
2321.209, is considered an offense for purposes of habitual
3offender status under Code section 321.555, and may result
4in exclusion from an automobile insurance policy under Code
5section 515D.4.
-3-th/ns
2or death, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.209, subsection 3, Code 2021, is
2amended to read as follows:
33. Failure to stop and render aid as required under the laws
4of this state or to otherwise comply with section 321.261 in
5the event of a motor vehicle accident resulting in the death
6or personal injury of another.
7 Sec. 2. Section 321.261, subsection 1, Code 2021, is amended
8to read as follows:
91. a. The driver of any vehicle who knows or has reason to
10believe that the driver’s vehicle was involved in an accident
11resulting in injury to or death of any person shall immediately
12stop the vehicle at the scene of the accident or as close as
13possible and if able, shall then return to and remain at the
14scene of the accident in accordance with section 321.263.
15Every such stop shall be made without obstructing traffic more
16than is necessary.
17b. If the driver of a vehicle leaves the scene of an
18accident resulting in injury to or death of a person without
19knowledge or reason to believe that the driver’s vehicle was
20involved in the accident, and later discovers that the driver’s
21vehicle may have been involved in an accident that resulted in
22injury to or death of a person, the driver shall, as soon as
23reasonably possible, make a good-faith effort to immediately
24contact emergency services or make a 911 call and provide the
25dispatcher with any requested information described in section
26321.263 and the location and possible time of the accident.
27 Sec. 3. Section 321.555, subsection 1, paragraph f, Code
282021, is amended to read as follows:
29f. Failure to stop and leave information, or to render aid
30as required by, or to otherwise comply with sections 321.261
31and 321.263.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35Under current law, the driver of a vehicle involved in an
-1-1accident resulting in injury to or death of a person must
2immediately stop the vehicle at the scene of the accident or
3as close as possible and if able, must then return to and
4remain at the scene of the accident. This bill applies the
5provision to a driver who knows or has reason to believe that
6the driver’s vehicle was involved in an accident resulting in
7injury to or death of a person.
8The bill provides that if a driver leaves the scene of an
9accident resulting in injury to or death of a person without
10knowledge or reason to believe that the driver’s vehicle was
11involved in the accident, and later discovers that the driver’s
12vehicle may have been involved in an accident that resulted in
13injury to or death of a person, the driver must, as soon as
14reasonably possible, make a good-faith effort to immediately
15contact emergency services or make a 911 call and provide
16the dispatcher with any requested information described in
17Code section 321.263 and the location and possible time of
18the accident. Under Code section 321.263, such information
19includes the driver’s name, address, registration number of
20the vehicle or other information on the registration receipt,
21driver’s license information, and other identification data.
22A person who violates Code section 321.261 relating to
23an accident resulting in an injury is guilty of a serious
24misdemeanor. A serious misdemeanor is punishable by
25confinement for no more than one year and a fine of at least
26$430 but not more than $2,560. A person who violates Code
27section 321.261 relating to an accident resulting in a serious
28injury is guilty of an aggravated misdemeanor. An aggravated
29misdemeanor is punishable by confinement for no more than two
30years and a fine of at least $855 but not more than $8,540.
31A person who violates Code section 321.261 relating to an
32accident resulting in death is guilty of a class “D” felony.
33A class “D” felony is punishable by confinement for no more
34than five years and a fine of at least $1,025 but not more
35than $10,245. A violation of Code section 321.261 is subject
-2-1to mandatory driver’s license revocation under Code section
2321.209, is considered an offense for purposes of habitual
3offender status under Code section 321.555, and may result
4in exclusion from an automobile insurance policy under Code
5section 515D.4.
-3-th/ns