House File 358 - IntroducedA Bill ForAn Act 1relating to eluding or attempting to elude a pursuing
2law enforcement vehicle, providing for temporary restricted
3licenses, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.215, subsection 1, paragraph b, Code
22023, is amended to read as follows:
   3b.  However, a temporary restricted license shall not be
4issued to a person whose license is revoked pursuant to a court
5order issued under section 321.209, subsections 1 through 5 or
6subsection 7
; to a juvenile whose license has been suspended
7or revoked pursuant to a dispositional order under section
8232.52, subsection 2, paragraph “a”, for a violation of chapter
9124 or 453B or section 126.3; to a juvenile whose license has
10been suspended under section 321.213B; or to a person whose
11license has been suspended pursuant to a court order under
12section 714.7D.A temporary restricted license may be issued
13to a person whose license is revoked under section 321.209,
14subsection 6, only if the person has no previous drag racing
15convictions. A person holding a temporary restricted license
16issued by the department under this section shall not operate
17a motor vehicle for pleasure.
18   Sec. 2.  Section 321.215, subsection 2, unnumbered paragraph
191, Code 2023, is amended to read as follows:
   20Upon conviction and the suspension or revocation of a
21person’s noncommercial driver’s license under section 321.209,
22subsection 5, or 6, or 7, or section 321.210, 321.210A, or
23321.513; or upon the denial of issuance of a noncommercial
24driver’s license under section 321.560, based solely on
25offenses enumerated in section 321.555, subsection 1, paragraph
26“c”, or section 321.555, subsection 2; or upon suspension
27or revocation of a juvenile’s driver’s license pursuant
28to a dispositional order under section 232.52, subsection
292, paragraph “a”, for a violation of chapter 124 or 453B,
30or section 126.3; or upon suspension of a driver’s license
31pursuant to a court order under section 714.7D, the person may
32apply to the department for a temporary restricted license to
33operate a motor vehicle for the limited purpose or purposes
34specified in subsection 1. The application may be granted only
35if all of the following criteria are satisfied:
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1   Sec. 3.  Section 321.279, subsection 1, paragraph b, Code
22023, is amended to read as follows:
   3b.  The driver of a motor vehicle who commits a second
4or subsequent
violation under this subsection and who has
5previously committed any violation under this section
is, upon
6conviction, guilty of an aggravated misdemeanor.
7   Sec. 4.  Section 321.279, subsection 2, Code 2023, is amended
8to read as follows:
   92.  a.  The driver of a motor vehicle commits an aggravated
10misdemeanor
 a class “D” felony if the driver willfully fails
11to bring the motor vehicle to a stop or otherwise eludes or
12attempts to elude a marked or unmarked official law enforcement
13vehicle that is driven by a peace officer after being given a
14visual and audible signal as provided in this section and in
15doing so exceeds the speed limit by twenty-five miles per hour
16or more.
   17b.  The driver of a motor vehicle who commits a violation
18under this subsection and who has previously committed a any
19 violation under this subsection or subsection 3 section is,
20upon conviction, guilty of a class “D” “C” felony.
21   Sec. 5.  Section 321.279, subsection 3, Code 2023, is amended
22by striking the subsection.
23   Sec. 6.  Section 321J.2, subsection 3, paragraph b,
24subparagraph (2), subparagraph division (f), Code 2023, is
25amended to read as follows:
   26(f)  If the offense was committed while also in violation of
27section 321.279, subsection 3, paragraph “a”, subparagraph (2)
28
 2.
29   Sec. 7.  Section 907.3, subsection 1, paragraph a,
30subparagraph (6), subparagraph division (f), Code 2023, is
31amended to read as follows:
   32(f)  If the offense was committed while also in violation of
33section 321.279, subsection 3, paragraph “a”, subparagraph (2)
34
 2.
35   Sec. 8.  Section 907.3, subsection 2, paragraph a,
-2-1subparagraph (2), subparagraph division (f), Code 2023, is
2amended to read as follows:
   3(f)  The offense is a was committed while also in violation
4of section 321.279, subsection 3, paragraph “a”, subparagraph
5(2)
 2.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
   9This bill relates to eluding or attempting to elude a
10pursuing law enforcement vehicle (eluding), and provides for
11temporary restricted licenses.
   12Under current law, persons convicted of eluding are not
13eligible to be issued a temporary restricted license (TRL) (a
14license issued to persons with suspended or revoked driver’s
15licenses to drive for limited purposes including employment,
16health care, education, substance use treatment, community
17service, and appointments with parole or probation officers).
18The bill authorizes persons convicted of eluding to be issued
19a TRL upon demonstrating a case of hardship or circumstances
20where alternative means of transportation do not exist and upon
21providing proof of financial responsibility.
   22Current law generally provides that a driver of a motor
23vehicle who commits a second or subsequent eluding violation
24is subject to an enhanced penalty if the second or subsequent
25violation is found under the same Code subsection as the prior
26violation. The bill amends current law to provide that a
27person who commits a second or subsequent eluding violation
28is subject to an enhanced penalty regardless of the Code
29subsection under which the person was previously convicted.
   30The bill increases the penalty for eluding when a driver
31exceeds the speed limit by 25 miles per hour or more (Code
32section 321.279(2)) from an aggravated misdemeanor to a class
33“D” felony. The penalty for a second or subsequent violation
34is increased from a class “D” felony to a class “C” felony. A
35class “D” felony is punishable by confinement for no more than
-3-1five years and a fine of at least $1,025 but not more than
2$10,245. A class “C” felony is punishable by confinement for
3no more than 10 years and a fine of at least $1,370 but not more
4than $13,660.
   5Because the bill makes the penalties for a violation of
6Code section 321.279(2) identical to Code section 321.279(3)
7(eluding and exceeding the speed limit by 25 miles per hour
8or more while participating in a felony, operating while
9intoxicated, violating Code section 124.401 (manufacture,
10delivery, or possession of a counterfeit substance, simulated
11controlled substance, or imitation controlled substance), or
12causing bodily injury to a person other than the driver), the
13bill strikes Code section 321.279(3) and makes corresponding
14changes.
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