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House
File
2139
-
Introduced
HOUSE
FILE
2139
BY
COLLINS
A
BILL
FOR
An
Act
related
to
eluding,
including
aggravated
eluding
and
1
fresh
pursuit,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5750YH
(1)
91
as/js
H.F.
2139
Section
1.
Section
321.279,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
The
driver
of
a
motor
vehicle
commits
3
aggravated
eluding
if
the
driver
violates
subsection
1
and,
4
while
being
pursued
by
a
peace
officer
within
the
state,
5
knowingly
crosses
the
state
border
into
another
state
without
6
yielding
to
the
pursuing
peace
officer.
A
driver
violating
7
this
subsection
is,
upon
conviction,
guilty
of
a
class
“D”
8
felony.
9
Sec.
2.
NEW
SECTION
.
804.7C
Interstate
eluding.
10
1.
A
peace
officer
of
this
state
who
is
in
fresh
pursuit
11
of
a
driver
of
a
motor
vehicle
believed
to
be
committing,
or
12
having
committed,
eluding
or
aggravated
eluding
under
section
13
321.279
may
continue
the
pursuit
of
the
driver
into
another
14
state
and
may
arrest
the
driver
in
that
state,
subject
to
the
15
laws
of
the
state
in
which
the
arrest
occurs.
16
2.
For
purposes
of
this
section,
fresh
pursuit
does
not
17
require
immediate
or
continuous
visual
contact
but
requires
18
pursuit
without
unreasonable
delay.
19
3.
An
arrest
under
this
section
shall
be
reported
promptly
20
to
the
appropriate
authorities
of
the
state
in
which
the
arrest
21
occurs,
and
the
driver
arrested
shall
be
subject
to
extradition
22
under
chapter
820.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
eluding,
including
aggravated
eluding
27
and
fresh
pursuit.
28
The
bill
provides
that
the
driver
of
a
motor
vehicle
commits
29
aggravated
eluding
if
the
driver,
while
being
pursued
by
a
30
peace
officer
within
the
state,
knowingly
crosses
the
state
31
border
into
another
state
without
yielding
to
the
pursuing
32
peace
officer.
Aggravated
eluding
is
a
class
“D”
felony.
A
33
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
34
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
35
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2
H.F.
2139
$10,245.
1
The
bill
provides
that
a
peace
officer
of
this
state
who
2
is
in
fresh
pursuit
of
a
driver
of
a
motor
vehicle
believed
3
to
be
committing,
or
having
committed,
eluding
or
aggravated
4
eluding
may
continue
the
pursuit
of
the
driver
into
another
5
state
and
may
arrest
the
driver
in
that
state,
subject
to
the
6
laws
of
the
state
in
which
the
arrest
occurs.
Fresh
pursuit
7
does
not
require
immediate
or
continuous
visual
contact
but
8
requires
pursuit
without
unreasonable
delay.
An
arrest
made
9
in
another
state
shall
be
reported
promptly
to
the
appropriate
10
authorities
of
the
state
in
which
the
arrest
occurs,
and
the
11
driver
arrested
shall
be
subject
to
extradition
under
Code
12
chapter
820.
13
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