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House File 428 - IntroducedA Bill ForAn Act 1relating to reporting accidents resulting in injury or
2death, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.266A Continuing duty to report
2accidents — injury or death.
31. A person operating a motor vehicle who leaves the scene
4of a motor vehicle accident without knowledge that the accident
5resulted in injury to or death of another person shall give
6notice of the accident to the sheriff of the county in which
7the accident occurred, or the nearest office of the state
8patrol, or to any other peace officer as near as practicable
9to the place where the accident occurred immediately after the
10person obtains knowledge that the accident resulted in injury
11to or death of another person or that the accident was of such
12a nature that a reasonable person would anticipate that the
13accident resulted in injury to or death of another person.
142. A person who violates this section is guilty of one of
15the following:
16a. If the accident resulted in an injury to a person, a
17serious misdemeanor.
18b. If the accident resulted in a serious injury, as defined
19in section 702.18, to a person, an aggravated misdemeanor.
20c. If the accident resulted in the death of a person, a
21class “D” felony.
223. A person charged with a violation of this section shall
23not be charged with a violation of section 321.261, 321.263,
24or 321.266.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill requires a person operating a motor vehicle
29who leaves the scene of a motor vehicle accident without
30knowledge that the accident resulted in injury to or death of
31another person to give notice of the accident to the sheriff
32of the county in which the accident occurred, or the nearest
33office of the state patrol, or to any other peace officer as
34near as practicable to the place where the accident occurred
35immediately after the person obtains knowledge that the
-1-1accident resulted in injury to or death of another person or
2that the accident was of such a nature that a reasonable person
3would anticipate that the accident resulted in injury to or
4death of another person.
5A person who violates the provisions of the bill is guilty of
6a serious misdemeanor if the accident resulted in an injury, an
7aggravated misdemeanor if the accident resulted in a serious
8injury, or a class “D” felony if the accident resulted in a
9death. A serious misdemeanor is punishable by a fine of at
10least $315 but not to exceed $1,875 and imprisonment not to
11exceed one year. An aggravated misdemeanor is punishable by a
12fine of at least $625 but not to exceed $6,250 and imprisonment
13not to exceed two years. A class “D” felony is punishable
14by a fine of at least $750 but not to exceed $7,500 and
15imprisonment not to exceed five years. The bill prohibits a
16person charged with a violation of the bill from being charged
17with a violation of Code section 321.261, 321.263, or 321.266.
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2death, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.266A Continuing duty to report
2accidents — injury or death.
31. A person operating a motor vehicle who leaves the scene
4of a motor vehicle accident without knowledge that the accident
5resulted in injury to or death of another person shall give
6notice of the accident to the sheriff of the county in which
7the accident occurred, or the nearest office of the state
8patrol, or to any other peace officer as near as practicable
9to the place where the accident occurred immediately after the
10person obtains knowledge that the accident resulted in injury
11to or death of another person or that the accident was of such
12a nature that a reasonable person would anticipate that the
13accident resulted in injury to or death of another person.
142. A person who violates this section is guilty of one of
15the following:
16a. If the accident resulted in an injury to a person, a
17serious misdemeanor.
18b. If the accident resulted in a serious injury, as defined
19in section 702.18, to a person, an aggravated misdemeanor.
20c. If the accident resulted in the death of a person, a
21class “D” felony.
223. A person charged with a violation of this section shall
23not be charged with a violation of section 321.261, 321.263,
24or 321.266.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill requires a person operating a motor vehicle
29who leaves the scene of a motor vehicle accident without
30knowledge that the accident resulted in injury to or death of
31another person to give notice of the accident to the sheriff
32of the county in which the accident occurred, or the nearest
33office of the state patrol, or to any other peace officer as
34near as practicable to the place where the accident occurred
35immediately after the person obtains knowledge that the
-1-1accident resulted in injury to or death of another person or
2that the accident was of such a nature that a reasonable person
3would anticipate that the accident resulted in injury to or
4death of another person.
5A person who violates the provisions of the bill is guilty of
6a serious misdemeanor if the accident resulted in an injury, an
7aggravated misdemeanor if the accident resulted in a serious
8injury, or a class “D” felony if the accident resulted in a
9death. A serious misdemeanor is punishable by a fine of at
10least $315 but not to exceed $1,875 and imprisonment not to
11exceed one year. An aggravated misdemeanor is punishable by a
12fine of at least $625 but not to exceed $6,250 and imprisonment
13not to exceed two years. A class “D” felony is punishable
14by a fine of at least $750 but not to exceed $7,500 and
15imprisonment not to exceed five years. The bill prohibits a
16person charged with a violation of the bill from being charged
17with a violation of Code section 321.261, 321.263, or 321.266.
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