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House File 358 - EnrolledAn Actrelating to law enforcement, including eluding or
attempting to elude a pursuing law enforcement vehicle,
temporary restricted driver’s licenses associated with that
offense, and the authority of a peace officer to make an
arrest for any public offense anywhere within the state, and
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.215, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. However, a temporary restricted license shall not be
issued to a person whose license is revoked pursuant to a court
order issued under section 321.209, subsections 1 through 5 or
subsection 7; to a juvenile whose license has been suspended
or revoked pursuant to a dispositional order under section
232.52, subsection 2, paragraph “a”, for a violation of chapter
124 or 453B or section 126.3; to a juvenile whose license has
been suspended under section 321.213B; or to a person whose
license has been suspended pursuant to a court order under
section 714.7D.A temporary restricted license may be issued
to a person whose license is revoked under section 321.209,
subsection 6, only if the person has no previous drag racing
convictions. A person holding a temporary restricted license
issued by the department under this section shall not operate
a motor vehicle for pleasure.
Sec. 2. Section 321.215, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Upon conviction and the suspension or revocation of a
person’s noncommercial driver’s license under section 321.209,
subsection 5, or 6, or 7, or section 321.210, 321.210A, or
321.513; or upon the denial of issuance of a noncommercial
driver’s license under section 321.560, based solely on
offenses enumerated in section 321.555, subsection 1, paragraph
“c”, or section 321.555, subsection 2; or upon suspension
or revocation of a juvenile’s driver’s license pursuant
to a dispositional order under section 232.52, subsection
2, paragraph “a”, for a violation of chapter 124 or 453B,
or section 126.3; or upon suspension of a driver’s license
pursuant to a court order under section 714.7D, the person may
apply to the department for a temporary restricted license to
operate a motor vehicle for the limited purpose or purposes
specified in subsection 1. The application may be granted only
if all of the following criteria are satisfied:
-1- Sec. 3. Section 321.279, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The driver of a motor vehicle who commits a second
or subsequent violation under this subsection and who has
previously committed any violation under this section is, upon
conviction, guilty of an aggravated misdemeanor.
Sec. 4. Section 321.279, subsection 2, Code 2023, is amended
to read as follows:
2. a. The driver of a motor vehicle commits an aggravated
misdemeanor a class “D” felony if the driver willfully fails
to bring the motor vehicle to a stop or otherwise eludes or
attempts to elude a marked or unmarked official law enforcement
vehicle that is driven by a peace officer after being given a
visual and audible signal as provided in this section and in
doing so exceeds the speed limit by twenty-five miles per hour
or more.
b. The driver of a motor vehicle who commits a violation
under this subsection and who has previously committed a any
violation under this subsection or subsection 3 section is,
upon conviction, guilty of a class “D” “C” felony.
Sec. 5. Section 321.279, subsection 3, Code 2023, is amended
by striking the subsection.
Sec. 6. Section 321J.2, subsection 3, paragraph b,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) If the offense was committed while also in violation of
section 321.279, subsection 3, paragraph “a”, subparagraph (2)
2.
Sec. 7. Section 804.7, Code 2023, is amended to read as
follows:
804.7 Arrests by peace officers.
1. A peace officer may make an arrest in obedience to a
warrant delivered to the peace officer; and without a warrant
under any of the following circumstances:
1. a. For a public offense committed or attempted in the
-2-peace officer’s presence.
2. b. Where a public offense has in fact been committed,
and the peace officer has reasonable ground grounds for
believing that the person to be arrested has committed it.
3. c. Where the peace officer has reasonable ground grounds
for believing that an indictable public offense has been
committed and has reasonable ground grounds for believing that
the person to be arrested has committed it.
4. d. Where the peace officer has received from the
department of public safety, or from any other peace officer of
this state or any other state or the United States an official
communication by bulletin, radio, telegraph, telephone, or
otherwise, informing the peace officer that a warrant has been
issued and is being held for the arrest of the person to be
arrested on a designated charge.
5. e. If the peace officer has reasonable grounds for
believing that domestic abuse, as defined in section 236.2,
has occurred and has reasonable grounds for believing that the
person to be arrested has committed it.
6. f. As required by section 236.12, subsection 2.
2. A peace officer, as defined in section 801.4, shall
have the authority to make an arrest pursuant to subsection 1
anywhere within the state. However, a peace officer shall not
establish routine patrol outside of the jurisdiction of the
peace officer’s employing agency.
Sec. 8. Section 804.7A, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
A federal law enforcement officer has the same authority,
as provided in section 804.7, subsection 3 1, paragraph “c”,
and has the same immunity from suit in this state as a peace
officer, as defined in section 801.4, subsection 11, when
making an arrest in this state for a nonfederal crime if either
of the following exists:
Sec. 9. Section 907.3, subsection 1, paragraph a,
subparagraph (6), subparagraph division (f), Code 2023, is
-3-amended to read as follows:
(f) If the offense was committed while also in violation of
section 321.279, subsection 3, paragraph “a”, subparagraph (2)
2.
Sec. 10. Section 907.3, subsection 2, paragraph a,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) The offense is a was committed while also in violation
of section 321.279, subsection 3, paragraph “a”, subparagraph
(2) 2.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 358, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/ns/md
attempting to elude a pursuing law enforcement vehicle,
temporary restricted driver’s licenses associated with that
offense, and the authority of a peace officer to make an
arrest for any public offense anywhere within the state, and
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.215, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. However, a temporary restricted license shall not be
issued to a person whose license is revoked pursuant to a court
order issued under section 321.209, subsections 1 through 5 or
subsection 7; to a juvenile whose license has been suspended
or revoked pursuant to a dispositional order under section
232.52, subsection 2, paragraph “a”, for a violation of chapter
124 or 453B or section 126.3; to a juvenile whose license has
been suspended under section 321.213B; or to a person whose
license has been suspended pursuant to a court order under
section 714.7D.A temporary restricted license may be issued
to a person whose license is revoked under section 321.209,
subsection 6, only if the person has no previous drag racing
convictions. A person holding a temporary restricted license
issued by the department under this section shall not operate
a motor vehicle for pleasure.
Sec. 2. Section 321.215, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Upon conviction and the suspension or revocation of a
person’s noncommercial driver’s license under section 321.209,
subsection 5, or 6, or 7, or section 321.210, 321.210A, or
321.513; or upon the denial of issuance of a noncommercial
driver’s license under section 321.560, based solely on
offenses enumerated in section 321.555, subsection 1, paragraph
“c”, or section 321.555, subsection 2; or upon suspension
or revocation of a juvenile’s driver’s license pursuant
to a dispositional order under section 232.52, subsection
2, paragraph “a”, for a violation of chapter 124 or 453B,
or section 126.3; or upon suspension of a driver’s license
pursuant to a court order under section 714.7D, the person may
apply to the department for a temporary restricted license to
operate a motor vehicle for the limited purpose or purposes
specified in subsection 1. The application may be granted only
if all of the following criteria are satisfied:
-1- Sec. 3. Section 321.279, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The driver of a motor vehicle who commits a second
or subsequent violation under this subsection and who has
previously committed any violation under this section is, upon
conviction, guilty of an aggravated misdemeanor.
Sec. 4. Section 321.279, subsection 2, Code 2023, is amended
to read as follows:
2. a. The driver of a motor vehicle commits an aggravated
misdemeanor a class “D” felony if the driver willfully fails
to bring the motor vehicle to a stop or otherwise eludes or
attempts to elude a marked or unmarked official law enforcement
vehicle that is driven by a peace officer after being given a
visual and audible signal as provided in this section and in
doing so exceeds the speed limit by twenty-five miles per hour
or more.
b. The driver of a motor vehicle who commits a violation
under this subsection and who has previously committed a any
violation under this subsection or subsection 3 section is,
upon conviction, guilty of a class “D” “C” felony.
Sec. 5. Section 321.279, subsection 3, Code 2023, is amended
by striking the subsection.
Sec. 6. Section 321J.2, subsection 3, paragraph b,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) If the offense was committed while also in violation of
section 321.279, subsection 3, paragraph “a”, subparagraph (2)
2.
Sec. 7. Section 804.7, Code 2023, is amended to read as
follows:
804.7 Arrests by peace officers.
1. A peace officer may make an arrest in obedience to a
warrant delivered to the peace officer; and without a warrant
under any of the following circumstances:
1. a. For a public offense committed or attempted in the
-2-peace officer’s presence.
2. b. Where a public offense has in fact been committed,
and the peace officer has reasonable ground grounds for
believing that the person to be arrested has committed it.
3. c. Where the peace officer has reasonable ground grounds
for believing that an indictable public offense has been
committed and has reasonable ground grounds for believing that
the person to be arrested has committed it.
4. d. Where the peace officer has received from the
department of public safety, or from any other peace officer of
this state or any other state or the United States an official
communication by bulletin, radio, telegraph, telephone, or
otherwise, informing the peace officer that a warrant has been
issued and is being held for the arrest of the person to be
arrested on a designated charge.
5. e. If the peace officer has reasonable grounds for
believing that domestic abuse, as defined in section 236.2,
has occurred and has reasonable grounds for believing that the
person to be arrested has committed it.
6. f. As required by section 236.12, subsection 2.
2. A peace officer, as defined in section 801.4, shall
have the authority to make an arrest pursuant to subsection 1
anywhere within the state. However, a peace officer shall not
establish routine patrol outside of the jurisdiction of the
peace officer’s employing agency.
Sec. 8. Section 804.7A, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
A federal law enforcement officer has the same authority,
as provided in section 804.7, subsection 3 1, paragraph “c”,
and has the same immunity from suit in this state as a peace
officer, as defined in section 801.4, subsection 11, when
making an arrest in this state for a nonfederal crime if either
of the following exists:
Sec. 9. Section 907.3, subsection 1, paragraph a,
subparagraph (6), subparagraph division (f), Code 2023, is
-3-amended to read as follows:
(f) If the offense was committed while also in violation of
section 321.279, subsection 3, paragraph “a”, subparagraph (2)
2.
Sec. 10. Section 907.3, subsection 2, paragraph a,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) The offense is a was committed while also in violation
of section 321.279, subsection 3, paragraph “a”, subparagraph
(2) 2.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 358, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/ns/md