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House
File
2176
-
Introduced
HOUSE
FILE
2176
BY
MEGGERS
A
BILL
FOR
An
Act
relating
to
operating
a
motor
vehicle
at
excessive
1
speeds,
providing
penalties,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.210,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
The
department
shall
immediately
3
suspend
the
driver’s
license
of
a
person
without
preliminary
4
hearing
upon
receiving
a
record
of
the
person’s
conviction
for
5
exceeding
a
speed
limit
with
a
detected
speed
of
one
hundred
6
miles
per
hour
or
more.
The
department
shall
promptly
notify
7
the
person
of
the
suspension.
8
Sec.
2.
Section
321.277,
subsection
1,
Code
2026,
is
amended
9
to
read
as
follows:
10
1.
A
person
who
drives
any
operates
a
vehicle
in
such
manner
11
as
to
indicate
either
a
willful
or
a
wanton
disregard
for
the
12
safety
of
persons
or
property
,
including
but
not
limited
to
13
operating
a
vehicle
at
a
speed
of
one
hundred
miles
per
hour
or
14
more,
is
guilty
of
reckless
driving.
15
Sec.
3.
Section
321.285,
subsection
8,
Code
2026,
is
amended
16
to
read
as
follows:
17
8.
A
Except
as
provided
in
section
321.286,
a
person
who
18
violates
this
section
for
excessive
speed
in
violation
of
19
a
speed
limit
commits
a
simple
misdemeanor
punishable
as
a
20
scheduled
violation
under
section
805.8A,
subsection
5
.
A
21
person
who
operates
a
school
bus
at
a
speed
which
exceeds
a
22
limit
established
under
this
section
by
ten
miles
per
hour
or
23
less
commits
a
simple
misdemeanor
punishable
as
a
scheduled
24
violation
under
section
805.8A,
subsection
10
.
A
person
who
25
violates
any
other
provision
of
this
section
commits
a
simple
26
misdemeanor.
27
Sec.
4.
NEW
SECTION
.
321.286
Speeding
in
excess
of
28
ninety-nine
miles
per
hour.
29
A
person
who
operates
a
motor
vehicle
with
a
detected
30
speed
of
one
hundred
miles
per
hour
or
more
commits
a
simple
31
misdemeanor
punishable
as
a
scheduled
violation
under
section
32
805.8A,
subsection
5A,
and
is
subject
to
all
of
the
following:
33
1.
The
peace
officer
who
detected
the
speed
of
one
hundred
34
miles
per
hour
or
more
shall
issue
a
citation
and
may
impound
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the
motor
vehicle.
1
2.
A
court
shall
not
accept
a
plea
of
guilty
or
nolo
2
contendere
to
a
charge
for
a
reduced
excessive
speed
that
would
3
be
punished
pursuant
to
section
321.285,
subsection
8,
or
other
4
provision
of
law.
5
Sec.
5.
Section
321.383,
subsection
5,
Code
2026,
is
amended
6
to
read
as
follows:
7
5.
A
person
who
operates
a
self-propelled
implement
of
8
husbandry
at
a
speed
which
exceeds
the
limit
of
thirty-five
9
miles
per
hour
commits
a
simple
misdemeanor
punishable
as
a
10
scheduled
violation
under
section
805.8A,
subsection
5
or
5A
.
11
Sec.
6.
Section
321O.5,
subsection
2,
Code
2026,
is
amended
12
to
read
as
follows:
13
2.
The
operator
of
a
personal
delivery
device
that
violates
14
this
section
commits
a
simple
misdemeanor
punishable
as
a
15
scheduled
violation
under
section
805.8A,
subsection
5
or
5A
.
16
Sec.
7.
Section
805.8A,
subsection
5,
paragraph
a,
17
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
18
follows:
19
For
Except
as
provided
in
subsection
5A,
for
excessive
20
speed
violations
in
excess
of
the
limit
under
section
321.236,
21
subsections
5
and
11
,
section
321.285
,
section
321.383,
22
subsection
5
,
section
321O.5,
subsection
1
,
and
section
23
461A.36
,
the
scheduled
fine
shall
be
the
following:
24
Sec.
8.
Section
805.8A,
subsection
5,
paragraph
d,
Code
25
2026,
is
amended
to
read
as
follows:
26
d.
For
Except
as
provided
in
subsection
5A,
for
a
violation
27
under
section
321.295
,
the
scheduled
fine
is
seventy
dollars.
28
Sec.
9.
Section
805.8A,
Code
2026,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
5A.
Excessive
speed
in
excess
of
ninety-nine
31
miles
per
hour.
For
excessive
speed
violations
with
a
detected
32
speed
of
one
hundred
miles
per
hour
or
more,
the
scheduled
33
fine
is
five
hundred
dollars
plus
five
dollars
for
each
mile
34
per
hour
of
excessive
speed
over
twenty
miles
per
hour
over
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the
limit
under
section
321.236,
subsections
5
and
11,
section
1
321.285,
section
321.295,
section
321.383,
subsection
5,
2
section
321O.5,
subsection
1,
or
section
461A.36.
However,
3
paragraphs
“b”
and
“c”
of
subsection
5
apply
to
excessive
speed
4
violations
described
in
those
paragraphs.
5
Sec.
10.
Section
805.8A,
subsection
14,
paragraph
i,
6
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
7
follows:
8
The
scheduled
fine
for
any
moving
traffic
violation
under
9
chapter
321
,
as
provided
in
this
section
,
shall
be
doubled
if
10
the
violation
occurs
within
any
road
work
zone,
as
defined
in
11
section
321.1
.
However,
notwithstanding
subsection
5
or
5A
,
12
the
scheduled
fine
for
violating
the
speed
limit
in
a
road
work
13
zone
is
as
follows:
14
Sec.
11.
Section
805.10,
subsection
1,
Code
2026,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
f.
When
the
violation
charged
involved
a
17
person
operating
a
motor
vehicle
in
excess
of
one
hundred
ten
18
miles
per
hour,
or
in
excess
of
fifty
miles
per
hour
over
the
19
speed
limit.
20
Sec.
12.
Section
805.10,
subsection
2,
Code
2026,
is
amended
21
to
read
as
follows:
22
2.
In
such
cases,
the
defendant
shall
appear
before
the
23
court
and
regular
procedure
shall
apply.
If
an
information
24
is
used,
the
officer
shall
endorse
thereon,
“Court
appearance
25
required”.
If
a
citation
and
complaint
is
used,
the
officer
26
shall
strike
out
the
space
in
which
the
defendant
may
admit
27
the
violation
before
a
scheduled
violations
office
and
shall
28
endorse
thereon
“Court
appearance
required”
and
the
defendant
29
shall
appear
before
the
court
either
in
person
or
by
attorney
,
30
unless
the
defendant
is
required
to
appear
pursuant
to
31
subsection
1,
paragraph
“f”
,
in
which
case
the
defendant
shall
32
appear
in
person
.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
Under
current
law,
the
department
of
transportation
(DOT)
is
2
authorized
to
establish
rules
providing
for
the
suspension
of
3
the
driver’s
license
of
an
operator
upon
30
days’
notice
under
4
certain
circumstances.
This
bill
requires
the
DOT
to
suspend
5
the
driver’s
license
of
a
person
who
is
convicted
of
exceeding
6
a
speed
limit
with
a
detected
speed
of
100
miles
per
hour
(MPH)
7
or
more
without
the
30
days’
notice.
The
DOT
must
promptly
8
notify
the
person
of
a
license
suspension
under
the
bill.
9
Pursuant
to
current
law,
the
DOT
is
prohibited
from
suspending
10
the
license
for
more
than
one
year.
When
used
in
Code
chapter
11
321
(motor
vehicles
and
law
of
the
road),
“conviction”
is
12
defined
to
mean
a
final
conviction,
including
but
not
limited
13
to
a
plea
of
guilty
or
nolo
contendere
accepted
by
the
court,
a
14
final
administrative
ruling
or
determination,
or
an
unvacated
15
forfeiture
of
bail
or
collateral
deposited
to
secure
a
person’s
16
appearance
in
court.
17
Under
current
law,
a
person
who
drives
a
vehicle
in
such
18
manner
as
to
indicate
either
a
willful
or
a
wanton
disregard
19
for
the
safety
of
persons
or
property
is
guilty
of
reckless
20
driving
in
violation
of
Code
section
321.277.
A
person
21
convicted
of
reckless
driving
commits
a
simple
misdemeanor.
A
22
simple
misdemeanor
is
punishable
by
confinement
for
no
more
23
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
24
The
bill
provides
that
operating
a
vehicle
at
a
speed
of
100
25
MPH
or
more
is
reckless
driving.
26
By
operation
of
law,
a
person
who
drives
recklessly
in
27
violation
of
Code
section
321.277,
as
amended
by
the
bill,
28
commits
a
class
“C”
felony
if
the
violation
unintentionally
29
causes
the
death
of
another,
and
commits
a
class
“D”
felony
30
if
the
violation
unintentionally
causes
a
serious
injury
(see
31
Code
section
707.6A
——
homicide
or
serious
injury
by
vehicle).
32
Under
current
law,
Code
section
707.6A
also
applies
if
a
33
person,
other
than
a
member
of
a
public
safety
agency,
exceeds
34
the
posted
speed
limit
by
25
MPH
or
more
and
unintentionally
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causes
death
or
serious
injury,
if
the
speeding
violation
is
1
the
proximate
cause
of
the
death
or
injury.
A
class
“C”
felony
2
is
punishable
by
confinement
for
no
more
than
10
years
and
a
3
fine
of
at
least
$1,370
but
not
more
than
$13,660.
A
class
“D”
4
felony
is
punishable
by
confinement
for
no
more
than
five
years
5
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
6
Under
current
law,
a
person
who
operates
a
motor
vehicle
7
in
excess
of
a
speed
limit
under
Code
section
321.236(5,
8
11)
(public
parks
and
alleys),
321.285
(speed
restrictions
9
generally),
321.383(5)
(implements
of
husbandry),
321O.5(1)
10
(personal
delivery
devices),
or
461A.36
(state
parks
and
11
preserves)
commits
a
simple
misdemeanor
punishable
by
a
12
scheduled
fine
that
varies
depending
on
the
excessive
speed.
13
The
fine
ranges
from
$30
for
a
speed
in
excess
of
the
limit
by
14
not
more
than
5
MPH
to
$135
plus
$5
for
each
MPH
of
excessive
15
speed
over
20
MPH
over
the
limit.
16
The
bill
creates
a
new
scheduled
fine
for
exceeding
a
speed
17
limit
with
a
detected
speed
of
100
MPH
or
more.
The
fine
is
18
$500
plus
$5
for
each
MPH
of
excessive
speed
over
20
MPH
over
19
the
limit.
The
peace
officer
who
detected
the
speed
in
excess
20
of
100
MPH
is
authorized
to
impound
the
motor
vehicle
after
21
issuing
a
citation.
A
court
is
prohibited
from
accepting
a
22
plea
to
a
charge
for
reduced
excessive
speed
under
100
MPH
that
23
would
be
punishable
pursuant
to
current
law.
24
Under
the
bill,
an
applicable
violation
of
a
speed
limit
on
25
a
bridge
or
elevated
structure
(Code
section
321.295),
which
26
is
$70
under
current
law,
is
subject
to
the
new
scheduled
27
fine.
The
bill
does
not
change
the
punishment
for
excessive
28
speed
by
a
school
bus
of
more
than
10
miles
per
hour
in
excess
29
of
the
limit,
or
excessive
speed
in
any
amount
in
conjunction
30
with
drag
racing,
both
of
which
are
simple
misdemeanors
that
31
are
not
scheduled
violations.
The
bill
also
does
not
change
32
the
applicability
of
scheduled
fines
for
speeding
in
road
work
33
zones,
the
maximum
fine
for
which
is
$1,285
for
speed
greater
34
than
25
MPH
over
the
posted
speed
limit.
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Current
law
authorizes
a
defendant,
in
scheduled
violation
1
cases,
to
sign
the
admission
of
violation
on
the
citation
and
2
complaint
and
deliver
the
citation
and
complaint,
or
a
copy
of
3
such,
with
the
minimum
fine,
plus
court
costs,
to
a
scheduled
4
violations
office
in
the
county
before
the
time
specified
in
5
the
citation
and
complaint
for
appearance
before
the
court.
6
The
bill
instead
requires
a
defendant
to
appear
in
person
when
7
the
violation
charged
involved
a
person
operating
a
motor
8
vehicle
in
excess
of
110
MPH,
or
in
excess
of
50
MPH
over
the
9
speed
limit.
10
Pursuant
to
current
law,
a
person
who
willfully
fails
to
11
appear
in
court
commits
a
simple
misdemeanor,
and
the
court
is
12
required
to
issue
an
arrest
warrant
for
the
offense
of
failure
13
to
appear.
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