A bill for an act relating to additional penalties for violations for failing to reduce speed when required or otherwise control a motor vehicle that result in serious injury or death.(Formerly HF 41 .)

House

File

173

-

Introduced

HOUSE

FILE

173

BY

COMMITTEE

ON

PUBLIC

SAFETY

(SUCCESSOR

TO

HF

41)

A

BILL

FOR

An

Act

relating

to

additional

penalties

for

violations

for

1

failing

to

reduce

speed

when

required

or

otherwise

control

a

2

motor

vehicle

that

result

in

serious

injury

or

death.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

TLSB

1107HV

(1)

91

th/ns

H.F.

173

Section

1.

Section

321.482A,

unnumbered

paragraph

1,

Code

1

2025,

is

amended

to

read

as

follows:

2

Notwithstanding

section

321.482

,

a

person

who

is

convicted

3

of

operating

a

motor

vehicle

in

violation

of

section

321.178,

4

subsection

2

,

paragraph

“a”

,

subparagraph

(2),

section

5

321.180B,

subsection

6

,

section

321.194,

subsection

5

,

6

paragraph

“d”

,

section

321.256

,

321.257

,

section

321.275,

7

subsection

4

,

section

321.276

,

321.288,

321.297

,

321.298

,

8

321.299

,

321.302

,

321.303

,

321.304

,

321.305

,

321.306

,

9

321.307

,

321.311

,

321.319

,

321.320

,

321.321

,

321.322

,

321.323

,

10

321.324

,

321.324A

,

321.327

,

321.329

,

321.333

,

section

321.372,

11

subsection

3

,

or

section

321.449B

,

causing

serious

injury

to

12

or

the

death

of

another

person

may

be

subject

to

the

following

13

penalties

in

addition

to

the

penalty

provided

for

a

scheduled

14

violation

in

section

805.8A

or

any

other

penalty

provided

by

15

law:

16

EXPLANATION

17

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

18

the

explanation’s

substance

by

the

members

of

the

general

assembly.

19

Under

current

law,

Code

section

321.288

requires

a

person

20

operating

a

motor

vehicle

to

control

the

vehicle

at

all

times

21

and

reduce

the

speed

of

the

vehicle

to

a

reasonable

and

proper

22

rate

when

approaching

a

pedestrian

walking

or

an

animal

being

23

led,

ridden,

or

driven

on

a

highway;

when

approaching

and

24

traversing

a

crossing,

intersection,

sharp

turn,

curve,

or

25

steep

descent

on

a

highway;

when

approaching

and

passing

26

an

emergency

warning

device,

emergency

vehicle

displaying

27

revolving

or

flashing

lights,

or

slow-moving

vehicle

displaying

28

reflective

devices;

and

when

approaching

and

passing

through

a

29

work

zone.

The

scheduled

fine

for

a

violation

of

Code

section

30

321.288

is

$135.

Code

section

321.482A

sets

forth

additional

31

penalties

applicable

when

a

person

is

convicted

of

operating

32

a

motor

vehicle

in

violation

of

certain

Code

sections

in

Code

33

chapter

321

(motor

vehicles

and

law

of

the

road)

if

such

34

violation

causes

serious

injury

to

or

the

death

of

another

35

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173

person.

1

This

bill

adds

Code

section

321.288

to

the

list

of

violations

2

subject

to

additional

penalties

under

Code

section

321.482A.

3

When

a

person

is

convicted

of

a

violation

causing

serious

4

injury,

the

additional

penalties

include

a

fine

of

$500

or

5

suspension

of

the

violator’s

driver’s

license

or

operating

6

privileges

for

not

more

than

90

days,

or

both.

When

a

person

7

is

convicted

of

a

violation

causing

death,

the

additional

8

penalties

include

a

fine

of

$1,000

or

suspension

of

the

9

violator’s

driver’s

license

or

operating

privileges

for

not

10

more

than

180

days,

or

both.

11

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2