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Senate File 449 - 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 321.261, subsections 3 and 4, Code 2021, are
28amended to read as follows:
293. a. Notwithstanding subsection 2, any person failing to
30stop or to comply with the requirements in subsection 1, in
31the event of an accident resulting in a serious injury to any
32person, is guilty upon conviction of an aggravated misdemeanor.
33b. Notwithstanding paragraph “a”, any person failing to stop
34or to comply with the requirements in subsection 1, who causes
35the accident resulting in a serious injury to any person, is
-1-1guilty upon conviction of a class “D” felony.
2c. For purposes of this section subsection, “serious injury”
3means as defined in section 702.18.
44. a. A person failing to stop or to comply with the
5requirements in subsection 1, in the event of an accident
6resulting in the death of a person, is guilty upon conviction
7of a class “D” felony.
8b. Notwithstanding paragraph “a”, a person failing to stop
9or to comply with the requirements in subsection 1, who causes
10the accident resulting in the death of a person, is guilty upon
11conviction of a class “C” felony.
12 Sec. 4. Section 321.261, Code 2021, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 6. Notwithstanding any other provision
15of law to the contrary, any person who has suffered physical,
16emotional, or financial harm as the result of a motor vehicle
17accident from which another person who caused the accident
18failed to stop or to comply with the requirements of subsection
191, as described in subsection 3, paragraph “b”, and subsection
204, paragraph “b”, shall be considered a victim pursuant to
21chapter 915, subchapter II, for purposes of any related
22proceedings against the other person.
23 Sec. 5. Section 321.555, subsection 1, paragraph f, Code
242021, is amended to read as follows:
25f. Failure to stop and leave information, or to render aid
26as required by, or to otherwise comply with sections 321.261
27and 321.263.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Under current law, the driver of a vehicle involved in an
32accident resulting in injury to or death of a person must
33immediately stop the vehicle at the scene of the accident or
34as close as possible and if able, must then return to and
35remain at the scene of the accident. This bill applies the
-2-1provision to a driver who knows or has reason to believe that
2the driver’s vehicle was involved in an accident resulting in
3injury to or death of a person.
4The bill provides that if a driver leaves the scene of an
5accident resulting in injury to or death of a person without
6knowledge or reason to believe that the driver’s vehicle was
7involved in the accident, and later discovers that the driver’s
8vehicle may have been involved in an accident that resulted in
9injury to or death of a person, the driver must, as soon as
10reasonably possible, make a good-faith effort to immediately
11contact emergency services or make a 911 call and provide
12the dispatcher with any requested information described in
13Code section 321.263 and the location and possible time of
14the accident. Under Code section 321.263, such information
15includes the driver’s name, address, registration number of
16the vehicle or other information on the registration receipt,
17driver’s license information, and other identification data.
18The bill specifies the difference between accidents caused
19by a person and accidents involving a person that result in
20serious injury or death, as it relates to penalties for persons
21who fail to comply with Code section 321.261(1). The bill
22also specifies that any person who has suffered physical,
23emotional, or financial harm as the result of a motor vehicle
24accident that results in serious injury or death and that was
25caused by another person who failed to comply with Code section
26321.261(1) must be considered a victim for purposes of any
27related proceedings against the other person.
28A person who violates Code section 321.261 relating to
29an accident resulting in an injury is guilty of a serious
30misdemeanor. A serious misdemeanor is punishable by
31confinement for no more than one year and a fine of at least
32$430 but not more than $2,560.
33A person who violates Code section 321.261 relating
34to an accident resulting in a serious injury is guilty of
35an aggravated misdemeanor. An aggravated misdemeanor is
-3-1punishable by confinement for no more than two years and a fine
2of at least $855 but not more than $8,540.
3A person who violates Code section 321.261 relating to an
4accident caused by the person resulting in a serious injury is
5guilty of a class “D” felony. A class “D” felony is punishable
6by confinement for no more than five years and a fine of at
7least $1,025 but not more than $10,245.
8A person who violates Code section 321.261 relating to an
9accident resulting in death is guilty of a class “D” felony.
10A person who violates Code section 321.261 relating to an
11accident caused by the person resulting in death is guilty
12of a class “C” felony. A class “C” felony is punishable by
13confinement for no more than 10 years and a fine of at least
14$1,370 but not more than $13,660.
15A violation of Code section 321.261 is subject to mandatory
16driver’s license revocation under Code section 321.209, is
17considered an offense for purposes of habitual offender status
18under Code section 321.555, and may result in exclusion from an
19automobile insurance policy under Code section 515D.4.
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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 321.261, subsections 3 and 4, Code 2021, are
28amended to read as follows:
293. a. Notwithstanding subsection 2, any person failing to
30stop or to comply with the requirements in subsection 1, in
31the event of an accident resulting in a serious injury to any
32person, is guilty upon conviction of an aggravated misdemeanor.
33b. Notwithstanding paragraph “a”, any person failing to stop
34or to comply with the requirements in subsection 1, who causes
35the accident resulting in a serious injury to any person, is
-1-1guilty upon conviction of a class “D” felony.
2c. For purposes of this section subsection, “serious injury”
3means as defined in section 702.18.
44. a. A person failing to stop or to comply with the
5requirements in subsection 1, in the event of an accident
6resulting in the death of a person, is guilty upon conviction
7of a class “D” felony.
8b. Notwithstanding paragraph “a”, a person failing to stop
9or to comply with the requirements in subsection 1, who causes
10the accident resulting in the death of a person, is guilty upon
11conviction of a class “C” felony.
12 Sec. 4. Section 321.261, Code 2021, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 6. Notwithstanding any other provision
15of law to the contrary, any person who has suffered physical,
16emotional, or financial harm as the result of a motor vehicle
17accident from which another person who caused the accident
18failed to stop or to comply with the requirements of subsection
191, as described in subsection 3, paragraph “b”, and subsection
204, paragraph “b”, shall be considered a victim pursuant to
21chapter 915, subchapter II, for purposes of any related
22proceedings against the other person.
23 Sec. 5. Section 321.555, subsection 1, paragraph f, Code
242021, is amended to read as follows:
25f. Failure to stop and leave information, or to render aid
26as required by, or to otherwise comply with sections 321.261
27and 321.263.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Under current law, the driver of a vehicle involved in an
32accident resulting in injury to or death of a person must
33immediately stop the vehicle at the scene of the accident or
34as close as possible and if able, must then return to and
35remain at the scene of the accident. This bill applies the
-2-1provision to a driver who knows or has reason to believe that
2the driver’s vehicle was involved in an accident resulting in
3injury to or death of a person.
4The bill provides that if a driver leaves the scene of an
5accident resulting in injury to or death of a person without
6knowledge or reason to believe that the driver’s vehicle was
7involved in the accident, and later discovers that the driver’s
8vehicle may have been involved in an accident that resulted in
9injury to or death of a person, the driver must, as soon as
10reasonably possible, make a good-faith effort to immediately
11contact emergency services or make a 911 call and provide
12the dispatcher with any requested information described in
13Code section 321.263 and the location and possible time of
14the accident. Under Code section 321.263, such information
15includes the driver’s name, address, registration number of
16the vehicle or other information on the registration receipt,
17driver’s license information, and other identification data.
18The bill specifies the difference between accidents caused
19by a person and accidents involving a person that result in
20serious injury or death, as it relates to penalties for persons
21who fail to comply with Code section 321.261(1). The bill
22also specifies that any person who has suffered physical,
23emotional, or financial harm as the result of a motor vehicle
24accident that results in serious injury or death and that was
25caused by another person who failed to comply with Code section
26321.261(1) must be considered a victim for purposes of any
27related proceedings against the other person.
28A person who violates Code section 321.261 relating to
29an accident resulting in an injury is guilty of a serious
30misdemeanor. A serious misdemeanor is punishable by
31confinement for no more than one year and a fine of at least
32$430 but not more than $2,560.
33A person who violates Code section 321.261 relating
34to an accident resulting in a serious injury is guilty of
35an aggravated misdemeanor. An aggravated misdemeanor is
-3-1punishable by confinement for no more than two years and a fine
2of at least $855 but not more than $8,540.
3A person who violates Code section 321.261 relating to an
4accident caused by the person resulting in a serious injury is
5guilty of a class “D” felony. A class “D” felony is punishable
6by confinement for no more than five years and a fine of at
7least $1,025 but not more than $10,245.
8A person who violates Code section 321.261 relating to an
9accident resulting in death is guilty of a class “D” felony.
10A person who violates Code section 321.261 relating to an
11accident caused by the person resulting in death is guilty
12of a class “C” felony. A class “C” felony is punishable by
13confinement for no more than 10 years and a fine of at least
14$1,370 but not more than $13,660.
15A violation of Code section 321.261 is subject to mandatory
16driver’s license revocation under Code section 321.209, is
17considered an offense for purposes of habitual offender status
18under Code section 321.555, and may result in exclusion from an
19automobile insurance policy under Code section 515D.4.
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