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Senate File 301 - IntroducedA Bill ForAn Act 1relating to the failure of a person to remain at the
2scene of an accident resulting in serious injury or death,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.261, subsection 3, Code 2021, is
2amended to read as follows:
33. Notwithstanding subsection 2, any person failing to
4stop or to comply with the requirements in subsection 1, in
5the event of an accident resulting in a serious injury to any
6person, is guilty upon conviction of an aggravated misdemeanor.
7For purposes of this section, “serious injury” means as defined
8in section 702.18.
9 Sec. 2. Section 321.261, Code 2021, is amended by adding the
10following new subsections:
11 NEW SUBSECTION. 4A. The driver of any vehicle involved
12in an accident, who causes a serious injury of any person,
13who fails to comply with the requirements of subsection 1, is
14guilty upon conviction of a class “D” felony.
15 NEW SUBSECTION. 4B. The driver of any vehicle involved in
16an accident, who causes the death of any person, who fails to
17comply with the requirements of subsection 1, is guilty upon
18conviction of a class “C” felony.
19 NEW SUBSECTION. 6. For purposes of this section, “serious
20injury” means the same as defined in section 702.18.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the failure of a person to remain at the
25scene of an accident resulting in serious injury or death, and
26provides penalties.
27Current law provides that the driver of any vehicle involved
28in an accident resulting in injury to or death of any person
29shall immediately stop the vehicle at the scene of the accident
30or as close as possible and if able, to return to and remain
31at the scene of the accident. A person failing to stop or
32to comply with the requirements in the event of an accident
33resulting in an injury to any person is guilty upon conviction
34of a serious misdemeanor. A person failing to stop or to
35comply with the requirements in the event of an accident
-1-1resulting in a serious injury to any person, is guilty upon
2conviction of an aggravated misdemeanor. A person failing to
3stop or to comply with the requirements in the event of an
4accident resulting in the death of a person is guilty upon
5conviction of a class “D” felony.
6The bill includes additional penalties for a driver of a
7vehicle involved in an accident who causes serious injury to
8any person and who fails to remain at the scene of an accident
9(a class “D” felony), and for a driver of a vehicle involved in
10an accident who causes the death of any person and who fails
11to remain at the scene of the accident (a class “C” felony).
12A class “D” felony is punishable by confinement for no more
13than five years and a fine of at least $1,025 but not more than
14$10,245, and a class “C” felony is punishable by confinement
15for no more than 10 years and a fine of at least $1,370 but not
16more than $13,660.
17The bill defines “serious injury” as any of the following:
18disabling mental illness; bodily injury which creates
19a substantial risk of death, causes serious permanent
20disfigurement, or causes protracted loss or impairment of
21the function of any bodily member or organ; any injury to
22a child that requires surgical repair and necessitates the
23administration of general anesthesia; and includes but is not
24limited to skull fractures, rib fractures, and metaphyseal
25fractures of the long bones of children under the age of four
26years.
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2scene of an accident resulting in serious injury or death,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.261, subsection 3, Code 2021, is
2amended to read as follows:
33. Notwithstanding subsection 2, any person failing to
4stop or to comply with the requirements in subsection 1, in
5the event of an accident resulting in a serious injury to any
6person, is guilty upon conviction of an aggravated misdemeanor.
7For purposes of this section, “serious injury” means as defined
8in section 702.18.
9 Sec. 2. Section 321.261, Code 2021, is amended by adding the
10following new subsections:
11 NEW SUBSECTION. 4A. The driver of any vehicle involved
12in an accident, who causes a serious injury of any person,
13who fails to comply with the requirements of subsection 1, is
14guilty upon conviction of a class “D” felony.
15 NEW SUBSECTION. 4B. The driver of any vehicle involved in
16an accident, who causes the death of any person, who fails to
17comply with the requirements of subsection 1, is guilty upon
18conviction of a class “C” felony.
19 NEW SUBSECTION. 6. For purposes of this section, “serious
20injury” means the same as defined in section 702.18.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the failure of a person to remain at the
25scene of an accident resulting in serious injury or death, and
26provides penalties.
27Current law provides that the driver of any vehicle involved
28in an accident resulting in injury to or death of any person
29shall immediately stop the vehicle at the scene of the accident
30or as close as possible and if able, to return to and remain
31at the scene of the accident. A person failing to stop or
32to comply with the requirements in the event of an accident
33resulting in an injury to any person is guilty upon conviction
34of a serious misdemeanor. A person failing to stop or to
35comply with the requirements in the event of an accident
-1-1resulting in a serious injury to any person, is guilty upon
2conviction of an aggravated misdemeanor. A person failing to
3stop or to comply with the requirements in the event of an
4accident resulting in the death of a person is guilty upon
5conviction of a class “D” felony.
6The bill includes additional penalties for a driver of a
7vehicle involved in an accident who causes serious injury to
8any person and who fails to remain at the scene of an accident
9(a class “D” felony), and for a driver of a vehicle involved in
10an accident who causes the death of any person and who fails
11to remain at the scene of the accident (a class “C” felony).
12A class “D” felony is punishable by confinement for no more
13than five years and a fine of at least $1,025 but not more than
14$10,245, and a class “C” felony is punishable by confinement
15for no more than 10 years and a fine of at least $1,370 but not
16more than $13,660.
17The bill defines “serious injury” as any of the following:
18disabling mental illness; bodily injury which creates
19a substantial risk of death, causes serious permanent
20disfigurement, or causes protracted loss or impairment of
21the function of any bodily member or organ; any injury to
22a child that requires surgical repair and necessitates the
23administration of general anesthesia; and includes but is not
24limited to skull fractures, rib fractures, and metaphyseal
25fractures of the long bones of children under the age of four
26years.
-2-as/rh